Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Norfolk District received a request to modify an approved In-Lieu Fee (ILF) Instrument. The purpose of this public notice is to solicit comments from the public and information necessary to evaluate the probable impact on the public interest regarding the proposed modifications as described below and as shown on the enclosed drawings.
PROPOSED ACTIVITY: The Sponsor proposes two modifications of their approved ILF Instrument. First, they propose to increase the program administrative fees from 15% to 20% of all credit sales. The requested increase would be used to fund additional staff for the Coastal Virginia Conservancy (CVC) and help offset the increasing administrative costs associated with managing the program. Second, they propose to expand the instrument ledger to include two subledgers for fund management. Specifically, the two subledgers would include a development and a reserve account.
A copy of the CVC Modification Request can be found on the USACE Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website:
https://ribits.ops.usace.army.mil/ords/f?p=107:622:15844025531400::NO
NOTE: This public notice is being issued based on information furnished by the Sponsor and their Agent. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.
AUTHORITY: Issuance of public notices regarding proposed modifications to an approved mitigation instrument is required pursuant to Compensatory Mitigation for Losses of Aquatic Resources; Final Rule as published April 10, 2008, in the Federal Register, Vol. 73, No. 70, pages 19,594-19,705 (33 CFR 325 and 332 and 40 CFR 230). This is not an application for work in federally regulated waters. No decision has been made as to whether this proposed instrument modification will be approved.
EVALUATION: The decision to approve this request will be based on an evaluation of the probable impact including cumulative impacts of the proposed modification on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
COMMENTS: The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties to inform the USACE decision to approve or not approve this modification request. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, conservation, economics, aesthetics, general environmental concerns, wetlands, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, and consideration of property ownership. Comments received on this public notice shall be used to inform an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any comments or objections which are received during this period may be forwarded to the Sponsor for possible resolution prior to the USACE’s final decision. Please note that all comments received are part of the administrative record and subject to public release under the Freedom of Information Act.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Norfolk District will receive written comments on the proposed modification, as outlined above, until July 8, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit comments to Dana Heston at CENAO_REG_MitigationTeam@usace.army.mil or U.S. Army Corps of Engineers, Norfolk District, Attention: Dana Heston, 803 Front Street Norfolk, Virginia 23510. Please refer to “NAO-2009-00044” in your comments.