NAO 2015-02114 Wetland Compensatory Mitigation Expansion

Published Dec. 17, 2015
Expiration date: 1/15/2016

December 17, 2015
CENAO-WRR
2015-02114 (NW-3 Reed Island Creek (Webb))

FEDERAL PUBLIC NOTICE

The District Engineer received a prospectus to expand a wetland compensatory mitigation site for federal and state permits as described below:

MITIGATION SPONSOR
The Nature Conservancy
VAFO - Richmond
Attn: Karen Johnson
530 East Main Street, Suite 800
Richmond, Virginia 23219

WATERWAY AND LOCATION OF THE PROPOSED WORK: The mitigation site is located within a 61 acre property located at 370 Keno Road, Fancy Gap, Carroll County, Virginia. The property is located along 6,180 foot of unnamed tributaries to Grassy Creek, a tributary to Reed Island Creek in the New River Basin. The property consists of heavily grazed pasture with minimal woody vegetation and contains approximately 19 acres of mapped hydric soils (Hatboro silt loam) and 7.43 acres of non-tidal wetlands. Approximately 2,008 linear feet of high quality streams are located in mature woodland and would be preserved.

PROPOSED WORK AND PURPOSE: The goal of the proposed Mitigation Site is to establish a permanently protected and functioning stream and wetland system that would serve to replace the functional values of permitted stream and wetland impacts within the service area through livestock exclusion, stream restoration, wetland restoration/creation, wetland enhancement, stream preservation, and buffer restoration and preservation. In doing so, the Mitigation Site is expected to satisfy the existing mitigation needs and a portion of the future mitigation needs within the authorized service area. These activities would improve water quality and aquatic and riparian habitat. Buffer restoration and preservation activities would provide for a forested buffer up to 800 feet wide on the restored, enhanced, and preserved wetlands and streams.  These restoration activities are proposed to generate approximately 13.65 non-tidal wetland and 7,830 stream credits which would be used to satisfy existing liabilities in the New River Basin.

The sponsor proposed, for purposes of Section 10 of the Rivers and Harbors Act and/or Section 404 of the Clean Water Act, that the geographic service area of this mitigation site would include the USGS Hydrologic Unit Codes 05050001 (Grayson County, City of Galax, City of Radford and portions of Carroll, Floyd, Montgomery, Pulaski, Smyth, and Wythe counties) and the adjoining HUC 05050002 (portions of Craig, Bland, Giles, Pulaski, and Tazewell counties). 

Oversight of this mitigation site would be by an existing group of federal and state agency representatives. This interagency oversight group is known as the Interagency Review Team (IRT). The Norfolk District of the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality  co-chair the IRT. 

This mitigation site may be one of a number of practicable options available to applicants to compensate for unavoidable wetland impacts associated with permits issued under the authority of Section 404 and 401 of the Clean Water Act (Public Law 95-217) in southern Virginia.

The actual approval of the use of this mitigation site for a specific project is the decision of the Corps pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act and by the Department of Environmental Quality pursuant to Section 401 of the Clean Water Act and Title 62.1 of the Code of Virginia. The Corps and the Department of Environmental Quality provide no guarantee that any particular individual or general permit will be granted authorization to use this amended mitigation site to compensate for unavoidable wetland impacts associated with a proposed permit, even though compensatory mitigation may be available. Authorization by the Virginia Marine Resources Commission may also be required for its use for specific projects.

AUTHORITY: Issuance of a public notice regarding proposed mitigation sites is required pursuant to the “Compensatory Mitigation for Losses of Aquatic Resources; Final Rule,” (Rule) as published in the April 10, 2008, Federal Register, Vol. 73, No. 70, Pages 19594-19705 (33 CFR Parts 325 and 332).

FEDERAL EVALUATION OF PROPOSAL: The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; indian tribes; and other interested parties in order to consider and evaluate this proposed mitigation site amendment. This is not an application for work in waters of the United States. The Corps of Engineers in evaluating this proposal will consider any comments received. 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. 

Preliminary review indicates that: (l) no environmental impact statement would be required; (2) conduct of work would not affect species listed as threatened or endangered under the Endangered Species Act of 1973 (PL 93-205); and (3) the project would not have an effect on properties listed on the National Register of Historic Places. Additional information might change any of these preliminary findings.

The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all Federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The proposed project is described above in Proposed Work and Purpose. Based on comments from the National Marine Fisheries Service in response to this public notice, further EFH consultation may be necessary.

COMMENT PERIOD:  Comments or questions on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers – Charlottesville Field Office (ATTN:  Vincent Pero), 920 Gardens Boulevard, Suite 103-B, Charlottesville, VA 22901 or to Vincent.d.pero@usace.army.mil with the project name and number in the subject line.  Project prospectus and plans can be viewed at https://ribits.usace.army.mil/

Comments must be received by the close of business on January 15, 2016.  Copies will be forwarded to the DEQ.       

FOR THE DISTRICT ENGINEER:

Vincent D. Pero
Project Manager
Western Virginia Regulatory Section

                                                                       

Attachment: Drawings