CENAO-WRR-N NAO-1999-00216

Published Jan. 21, 2020
Expiration date: 2/4/2020

January 20, 2020

CENAO-WRR-N NAO-1999-00216

The District Commander has received a request to incorporate acreage/credits into the Cedar Run Wetland Bank, a wetland compensatory mitigation bank for Federal and State permits as described below:

Cedar Run Wetlands LC
Attn: Ms. Jennifer Van Houten
5300 Wellington Branch Drive, Suite 100
Gainesville, Virginia 20155

WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed project is located on an approximately 18.42-acre portion of a 54-acre mitigation site southwest of the intersection of the Norfolk and Southern Railroad and Thoroughfare Road in Prince William County, Virginia (map enclosed). The work will occur in the headwaters of Broad Run.

PROPOSED WORK AND PURPOSE: The sponsor proposes to incorporate wetland mitigation acreage/credits from the South Market site to the Cedar Run Wetlands Bank (Bank). The South Market site was constructed by a property developer in 2007 for the purpose of providing permittee-responsible mitigation for the developer’s then-current and anticipated future use. Only a portion of the potential mitigation credits were used by the developer.

The 18.42 previously unused mitigation credits of the South Market site will be included in the available credits for the Bank. The purpose of the project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands and streams and other waters of the
United States in the Potomac River Drainage Basin.

The sponsor proposes, for purposes of Section 404 of the Clean Water Act, that the geographic service area of this addition to the Bank would continue to include the portions of National Watershed Boundary Dataset Hydrologic Unit Codes 02070008, 02070010 and 02070011. Oversight of this mitigation 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 and the Virginia Department of Environmental Quality chair the IRT.

The resulting addition of credits to the Bank may be one of a number of practicable options available to applicants to compensate for unavoidable wetland 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 by the Department of Environmental Quality pursuant to Section 401 of the Clean Water Act and Title 62.1 of the Public Notice U.S. Army Corps of Engineers, Norfolk District 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 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 mitigation banks 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 APPLICATION: 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: (l) no environmental impact statement would be required; (2) no species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; and (3) known properties eligible or potentially eligible for inclusion or included in the National Register of Historic Places are within the permit area, however, would not be adversely affected by the proposal. The permit area consists of the impact areas and adjacent uplands. Additional information might change any of these findings.

PRIVACY AND CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers. Submissions should not include any information that the submitter seeks to preserve as confidential.

COMMENT PERIOD: Comments on this project should be made in writing, addressed to the U.S. Army Corps of Engineers-Norfolk District, Northern Virginia Field Office, 18139 Triangle Plaza, Suite 213, Dumfries, VA 22026, and should be received by the close of business on February 4, 2020. The Addendum and Drawings can be viewed at https://ribits.usace.army.mil/ in Banks & ILF Sites, South Market Mitigation Site, Bank Development Plan, Draft V1. If you have any questions about this mitigation bank, please contact Mr. Ron Stouffer at 757-201-7124 or ron.h.stouffer@usace.army.mil.


Tucker Smith
Chief, Northern Virginia
Regulatory Section