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NAO-2016-1368

Published June 28, 2017
Expiration date: 7/28/2017
FEDERAL PUBLIC NOTICE

The District Engineer received a proposal to develop a wetland and stream compensatory mitigation site for Federal and State permits as described below:

MITIGATION SPONSOR
Sandyford LLC
Attn: George Bryant
1703 N. Parham Road, Suite 202
Richmond, Virginia 23229 

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed mitigation site is approximately 139 acres of a 235-acre parcel and is located 4 miles northwest of Farmville in Prince Edward County, Virginia.  The site is directly adjacent to the Appomattox River in the James River basin.    

PROPOSED WORK AND PURPOSE: The bank sponsor proposes to establish, design, construct, and operate a compensatory wetland and stream mitigation site, to be known as the Sandyford Umbrella Mitigation Bank (SUMB). The purpose of the mitigation bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands and stream channels, improve water quality, and improve aquatic and riparian habitat in the Appomattox River and James River basins.  

Wetland mitigation activities would include approximately 91.31 acres of wetland restoration and 12.38 acres of wetland buffer restoration. Stream mitigation activities would include approximately 519 linear feet of stream channel preservation, 9,112 linear feet of stream channel buffer planting, 7,971 linear feet of stream channel restoration and 338 linear feet of stream enhancement/preservation.  

The Sponsor proposes, 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 bank includes the Appomattox River sub-basin (HUC: 02080207), Lower James sub-basin (HUC: 02080206), Middle James-Willis sub-basin (HUC: 02080205), and Middle James-Buffalo sub-basin (HUC: 02080203) and all, or portions of, the counties of Buckingham, Cumberland, Chesterfield, Fluvanna, Goochland, Hanover, Henrico, Louisa, Powhatan, Albemarle, Amherst, Appomattox, Bedford, Botetourt, Campbell, Nelson, Rockbridge, Isle of Wight, New Kent, Prince George, Surry, York, Charles City, James City, Suffolk, Amelia, Charlotte, Dinwiddie, Lunenburg, Nottoway, Prince Edward, and the cities of Colonial Heights, Lynchburg, Richmond, , Hopewell, Williamsburg, Newport News, and Petersburg. 

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.   

This mitigation site may be one of a number of practicable options available to applicants to compensate for unavoidable wetland and stream impacts associated with permits issued under the authority of Section 404 and 401 of the Clean Water Act (Public Law 95-217) in 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 mitigation site to compensate for unavoidable wetland or stream 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.  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:  (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/candidate species under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table is attached for review and comment by U.S. Fish and Wildlife Service; 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 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.  Comments must be received by the close of business on July 28 2017.  Copies will be forwarded to the DEQ.  Project prospectus and plans can be viewed at  

https://ribits.usace.army.mil/ribits_apex/f?p=107:278:6226111392145::NO:RP,278:P278_BANK_ID:4699