July 1, 2024
CENAO-WRR
NAO-1995-08595
VARTF CH-20 Howell Site
FEDERAL PUBLIC NOTICE
The District Engineer received a proposal to establish a stream and wetland compensatory mitigation project for Federal and State review as described below:
SPONSOR
The Nature Conservancy (TNC)
Attn: Ms. Karen Johnson
Virginia Aquatic Resources Trust Fund (VARTF)
530 East Main Street, Suite 800
Richmond, Virginia 23219
WATERWAY AND LOCATION OF THE PROPOSED WORK:
The proposed compensatory mitigation site (Site) is located on approximately 161 acres in Southampton County, Virginia. The Site is located within the Chowan River watershed.
LATITUDE AND LONGITUDE: 36.655278 N, -76.954028 W
PROPOSED WORK AND PURPOSE:
The Sponsor proposes to design, construct, establish and operate a stream and non-tidal wetland compensatory mitigation project known as CH-20 Howell (Project). The purpose of Project is to provide off-site compensatory mitigation for unavoidable impacts to stream channels and wetlands within the Chowan River watershed.
The Sponsor proposes to generate approximately 3,371 Unified Stream Methodology (USM) credits through the restoration of approximately 2,020 linear feet of stream channel and the preservation and enhancement of approximately 17 acres of riparian area. The Sponsor proposes to generate approximately 37 non-tidal wetland credits through the restoration of 25 acres of wetlands, the preservation of 47 acres of wetlands, the restoration of 33 acres of upland buffer, and the preservation of 56 acres of upland buffer. The activities proposed to generate stream credits will include the restoration of an existing channelized stream, the enhancement and preservation of riparian buffers to include removal of invasive species and light planting. The activities proposed to generate non-tidal wetland credit will include excavating agricultural fields to the existing soil layer that contains oxidized rhizospheres, plugging existing agricultural ditches, establishing the appropriate vegetative community, and preserving existing non-tidal wetlands.
The Sponsor proposed, for purposes of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, that the primary geographic service area of this Site would include the National Watershed Boundary Dataset Hydrologic Unit Codes (HUC) 03010201, 03010202, 03010203, and 03010204. The secondary geographic service area for the Site would include HUC 03010205.
Oversight of the Project 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 VARTF for a specific project is the decision of USACE pursuant to Section 404 of the Clean Water Act and/or by DEQ pursuant to Section 401 of the Clean Water Act 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 VARTF to compensate for unavoidable stream or wetland impacts associated with a proposed permit. Authorization by the Virginia Marine Resources Commission may also be required.
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 Norfolk District ESA Project Review Process, the proposed activities may affect – not likely to adversely affect species listed under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table are 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 within the Site boundaries. Additional information might change any of these findings.
COMMENT PERIOD:
Comments on this project should be made in writing, via email, CENAO_REG_MitigationTeam@usace.army.mil , to the attention of Jeanne Richardson or addressed to the Norfolk District, Corps of Engineers-Lynchburg Field Office, Attn: Jeanne Richardson, 803 Front Street, Norfolk, Virginia 23510-1096, and should be received by the close of business on August 1, 2024. The Project Proposal can be viewed at: Public Notices (army.mil).
If you have any questions about this site, please contact:
Jeanne Richardson
803 Front Street
Norfolk, Virginia 23510-1096
434.459.8160
CENAO_REG_MitigationTeam@usace.army.mil