Operating Agreement
The Operating Agreement serves as the document for
implementing the July 2003 Memorandum of Understanding
between The Elizabeth River Project, the Commonwealth of
Virginia, Department of Environmental Quality, and the
U.S. Army Corps of Engineers, Norfolk District). This
agreement establishes the operating parameters of the
Elizabeth River Restoration Trust. The Trust, in
administering its resources, serves as a potential
mechanism to provide appropriate compensatory mitigation
for impacts to aquatic resources authorized by Clean
Water Act permits issued by the Norfolk District or
Virginia Water Protection permits issued by the State
Water Control Board through the DEQ. The Trust strives
to maximize the mitigation benefit to the aquatic
environment of the Elizabeth River and the public
interest. The Norfolk District, DEQ, and the Trust agree
to follow the procedures set forth in the Agreement. For
the purposes of this Agreement, the term “aquatic
resources” means all waters of the United States subject
to Corps regulation and all waters of the state subject
to regulation by the Commonwealth, lying within the
Elizabeth River watershed. The Elizabeth River Project
has demonstrated experience and commitment in
restoration of the Elizabeth River. (Read the full text
of the Operating Agreement in a pdf file.)
Project Approval
The US Army Corps of Engineers and Virginia Department
of Environmental Quality (DEQ) accept funds only after
authorization through a permit process. These agencies
determine fee amounts due to compensate for impacts.
The Trust Board may decline funds if impacts are deemed
incompatible with river restoration goals. Restoration
projects and expenditures are proposed by the Living
River Trust Board but require authorization by the Army
Corps of Engineers and the Virginia Department of
Environmental Quality. |
