July 12, 2019
FEDERAL PUBLIC NOTICE
The District Engineer received a proposal to amend a proposed stream compensation site for federal and state permits as described below:
The Nature Conservancy
c/o Ms. Karen Johnson
530 East Main Street
Richmond, Virginia 23219
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed compensation site, SH-6 Cedar Creek, will be located on approximately 81 acres of grass and agricultural land. The site is located on Cedar Creek, a tributary to the Shenandoah River, in Warren County, Virginia.
PROPOSED WORK AND PURPOSE: In 2013 the Sponsor was approved to proceed with the development of the SH-6 Cedar Creek Stream Compensation Site. After further evaluation, the Sponsor proposes to add 34 acres of wetland and upland buffer creation, restoration, enhancement, and preservation.
The Sponsor plans to create 6.5 acres of wetlands, enhance 1.94 acres of wetlands, preserve 0.66 acres of wetlands, and restore 14.02 acres of upland buffer in addition to their previously approved proposal to remove livestock, reestablish forested buffers, and preserve 8,991 linear feet of Cedar Creek and its tributaries.
The sponsor proposed, for purposes of Section 404 of the Clean Water Act, that the geographic service area of this compensation site would include the National Watershed Boundary Dataset Hydrologic Unit Codes 02070001, 02070004, 02070005, 02070006, and 02070007.
Oversight of this compensation 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 compensation 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 compensation site for a specific project is the decision of the Corps pursuant to Section 404 of the Clean Water 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 compensation 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 compensation 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 compensation site. This 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, 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 and/or designated/proposed critical habitat 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: CENAO-WRR), PO Box 3160, Lynchburg, Virginia 24503, and should be received by the close of business on AUGUST 11, 2019. The Prospectus and Drawings can be viewed at https://ribits.usace.army.mil/.
If you have any questions about this compensation site, please contact:
Jeanne C. Richardson