September 8, 2023
CENAO-WRR
NAO-2021-02660 (Cedar Creek Mitigation Bank)
FEDERAL PUBLIC NOTICE
The District Engineer received a prospectus to establish a wetland compensatory mitigation site for federal and state permits as described below:
SPONSOR
Doug Sowers
1475 Oakbridge Court
Powhatan, VA 23139
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed compensatory mitigation site (Site) is located south of Cedar Creek Road and north of the Appomattox River in Chesterfield County, Virginia. The site is approximately 473.85 acres and currently consists of wetlands, agricultural row crops, and forests. The Site is located within the James River Basin.
Latitude and Longitude: 37.2744 N, -77.7464 W
PROPOSED WORK AND PURPOSE: The Sponsor proposes to design, construct, establish, and operate a wetland compensatory mitigation site known as the Cedar Creek Wetland Bank (Bank). The purpose of the Bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands.
The Sponsor proposes to construct the Bank in two (2) Phases. The Sponsor proposes the following wetland credit breakdown for Phase I:
57.78 wetland credits to be derived from wetland creation, restoration, preservation, and upland buffer preservation and restoration.
The proposed credits generated from Phase II have not been determined at this time.
The Bank is located within Hydrologic Unit Code (HUC) 02080207. The Bank’s primary service area will include all of HUCs 02080207, 02080203, 02080205, and 02080206 located in Virginia.
The Bank’s Secondary Service area will include all of HUCs 02080204, 02080208 and portions of HUCs 02080201 and 02080202 located within Virginia.
Oversight of Bank 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 (USACE) and the Virginia Department of Environmental Quality (DEQ) chair the IRT.
The actual approval of the use of the Bank for a specific project is the decision of USACE pursuant to Section 404 of the Clean Water Act and/or by DEQ and the Virginia Marine Resource Commission (VMRC) pursuant to Section 401 of the Clean Water Act and Title 28.2 and Title 62.1 of the Code of Virginia. USACE and DEQ provide no guarantee that any individual or general permit will be granted authorization to use the Bank to compensate for unavoidable wetland or stream impacts associated with a proposed permit.
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 Bank. 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 Norfolk District ESA Project Review Process, there may be an affect to species listed under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table located at Public Notices (army.mil); and (3) there are no known properties eligible for inclusion or included in the National Register of Historic Places are in the Bank property. 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 via email at vincent.d.pero@usace.army.mil and should be received by the close of business on October 8, 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., Suite 103-B
Charlottesville, Virginia 22901
757-297-0011
vincent.d.pero@usace.army.mil