CENAO-WRR
NAO-1995-08595
VARTF LJ-17/MJ-14 Sunken Meadow
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: Diane Frisbee
Virginia Aquatic Resources Trust Fund (VARTF)
652 Peter Jefferson Parkway, Suite 190
Charlottesville, Virginia 22911
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed compensatory mitigation site (Site) is located on approximately 513 acres of a 679 acres property in Surry County, Virginia. The Site is located within the James River watershed.
LATITUDE AND LONGITUDE: 37.2103 N, -76.9418 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 LJ-17/MJ-14 Sunken Meadow (Project). The Sponsor proposes to establish a permanently protected and functioning stream and wetland system that will serve to replace the functional values of permitted stream and wetland impacts within the James River watershed through dam removal, wetland and stream restoration, and wetland, stream, and buffer preservation. These activities will restore the former wetland and stream ecosystem that is currently impounded, re-establish direct passage between the James River and over 21 miles of stream habitat for diadromous fish, improve water quality through increased dissolved oxygen levels, and preserve existing high quality stream and wetland habitats and associated buffer areas.
The Sponsor proposes to generate approximately 39,134 Unified Stream Methodology (USM) credits through the restoration of approximately 15,889 linear feet of stream channel, the preservation of approximately 13,804 linear feet of stream channel and the preservation of approximately 15 acres of riparian area. The Sponsor proposes to generate approximately 176 non-tidal wetland credits through the restoration of approximately 147 acres of wetlands, the preservation of 7 acres of wetlands, and the preservation of approximately 276 acres of upland buffer. The activities proposed to generate stream and non-tidal wetland credits will include the removal of an existing dam, any work necessary to stabilize streams and wetlands within the footprint of the impoundment, the re-establishment of appropriate vegetative communities within the footprint of the impoundment, and the preservation of all existing streams, wetlands, and riparian/upland buffers.
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) 02080205, 02080206, 02080207, and 02080208. The secondary geographic service area for the Site would include HUC 02080203 and 02080204.
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 will have no effect to 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 November 30, 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