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Ducks Unlimited, Inc. proposes amendment to Vermont In-Lieu Fee Program instrument; Corps seeks comment

Published Dec. 4, 2018

CONCORD, Mass. – The U.S. Army Corps of Engineers, New England District has received a request for amendment #4 to the Ducks Unlimited, Inc. – Vermont In-Lieu Fee Program Instrument (“DU-VT-ILF”).


Ducks Unlimited is the sponsor of the Vermont ILF Program which serves as an alternative form of compensatory mitigation for aquatic resources impacts. The Vermont ILF program is authorized by the New England District, Corps of Engineers. A copy of the signed ILF agreement titled “Ducks Unlimited, Inc. – Vermont In-Lieu Fee Program,” dated “12/07/10,” includes details about the ILF Program goals and objectives and can be found at the following link: https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation/In-Lieu-Fee-Programs/VT/


This Amendment modifies the instrument to: 1) Delete the names and contact information on page 3 of the instrument and replace it with the address and phone number of Ducks Unlimited’s main office; 2) Modify the administrative fee for Ducks Unlimited from 15% to 17.5%; 3) Eliminate the pricing schedule in Appendix V so that no instrument modification is needed to adjust the pricing schedule. (Any changes must be approved by the Corps); and 4) Change wording of two previous amendments (#1 and #2). It clarifies which 8-digit HUC watersheds within the Richelieu River service area that overlap the states of New York and Vermont are authorized for use in this instrument. Specifically, the Richelieu River service area includes the Mettawee River, Lake Champlain and Richelieu River watersheds and includes a revised map.


The process for review of the request to modify the instrument will follow 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (“Mitigation Rule”). The Mitigation Rule was published in the Federal Register on April 10, 2008. The Corps is seeking comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposal. Any comments received will be considered by the Corps to determine whether to amend the Instrument.


Public comments on this proposed amendment to the Ducks Unlimited, Inc. – Vermont In-lieu Fee Program Instrument (file # NAE-2009-01349) should be forwarded no later than Jan. 4, 2019 to the U.S. Army Corps of Engineers, New England District, Vermont Project Office (ATTN: Michael Adams), 11 Lincoln Street, Room 210, Essex Junction, Vermont. Additional information is available from Permit Project Manager Michael Adams at 802-872-2893 or 978-318-8485 or by email to: michael.s.adams@usace.army.mil.

Tim Dugan

Release no. 18-113