August 30, 2023
CENAO-WRR
NAO-2022-02902 (Middle James Mitigation Bank)
FEDERAL PUBLIC NOTICE
The District Engineer received a prospectus to establish two stream and wetland compensatory mitigation sites for Federal and State permits as described below:
BANK SPONSOR (Sponsor)
Wildlands Holding X
Attn: Shawn Wilkerson
1430 South Mint Steet, Suite 104
Hampton, Virginia 23666
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed compensatory mitigation bank consists of two sites. The Natts Branch Site is located off Liberty Chapel Road and is approximately 66 acres and is currently in agriculture (cattle grazing, row crops, hay fields). The Clover Hill Site is approximately 38 acres and is located off Stratton Dairy Road and is currently in agriculture (cattle grazing, hay field). Both sites are located in the James River basin in Appomattox County, Virginia.
LATITUDE AND LONGITUDE:
37.4556 N/-78.8319 W (Natts Branch Site)
37.3840 N/-78.9702 W (Clover Hill Site)
PROPOSED WORK AND PURPOSE: The Sponsor proposes to establish, design, construct, and operate two stream and non-tidal wetland compensatory mitigation sites (Natts Branch Site and Clover Hill Site) known as the Middle James Mitigation Bank (Bank). The purpose of the Bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands and waters of the United States.
The Sponsor proposes to construct the Bank in one (1) Phase. The Sponsor proposes the following stream and wetland credit breakdown:
Stream Credit Breakdown (Natts Branch Site)
The sponsor proposes to generate 14,583 Unified Stream Methodology (USM) credits upon completion of stream restoration, enhancement, preservation.
Non-tidal Wetland Credit Breakdown (Natts Branch Site)
The Sponsor proposed to generate 17.03 non-tidal wetland credits upon completion of the establishment and preservation of wetlands and associated buffers on site.
Stream Credit Breakdown (Clover Hill Site)
The sponsor proposes to generate 11,421 Unified Stream Methodology (USM) credits upon completion of stream restoration, enhancement, preservation.
The Bank is located within Hydrologic Unit Code (HUC) 02080108. The Sponsor is proposing that the primary geographic service area (GSA) for the Bank include HUCs 02080203, 02080201, 02080202, 02080204, 02080205, 02080207 and that the secondary GSA include, HUCs 02080206, 02080208.
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 chair the IRT.
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/or 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 mitigation site to compensate for unavoidable wetland impacts associated with a proposed permit. 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 compensatory 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: USACE is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties to consider and evaluate this proposed mitigation site. This is not an application for work in waters of the United States. USACE is evaluating this proposal and 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: (1) no environmental impact statement would be required; (2) after conducting the NAO ESA Project Review Process, there may be an affect to listed/proposed species under the Endangered Species Act of 1973; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area or would likely be affected by the proposal. Additional information might change any of these findings.
COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers-(ATTN: Charlottesville Field Office), Mr. Vinny Pero, at the address below, or by email at vincent.d.pero@usace.army.mil and should be received by the close of business on September 30, 2023. The Prospectus and Drawings can be viewed at:
Public Notices (army.mil)
If you have any questions about this Bank, please contact:
Mr. Vinny Pero
920 Gardens Blvd., Suite103-B
Charlottesville, Virginia 22901
757-297-0011
vincent.d.pero@usace.army.mil