March 5, 2020
FEDERAL PUBLIC NOTICE
The District Engineer received a project proposal to establish a wetland compensatory mitigation 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 25 acre compensatory mitigation site is located on an approximately 85 acre property in the Atlantic Ocean basin in Northampton County, Virginia.
PROPOSED WORK AND PURPOSE: The Sponsor proposes to establish, design, construct, and operate a non-tidal wetland compensatory mitigation site to be known as AO-7 Custis (Site). The purpose of the compensatory mitigation project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands in the Atlantic Ocean Drainage basin.
The Sponsor plans to establish approximately 8.5 to16 acres of non-tidal wetlands and re-establish approximately 9 acres of wooded upland buffer.
The Sponsor proposed, for purposes of Section 404 of the Clean Water Act, that the geographic service area of this Site would include all or portions of the National Watershed Boundary Dataset Hydrologic Unit Codes 02040304 and 02040303.
Oversight of this 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 (Corps) and the Virginia Department of Environmental Quality (DEQ) chair the IRT.
This Site 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 Site for a specific project is the decision of the Corps 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. The Corps and DEQ provide no guarantee that any particular individual or general permit will be granted authorization to use this 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 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: The Corps 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 Site. This is not an application for work in Waters of the United States. The Corps 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, the Northern Long-eared Bat (Myotis septentrionalis) was identified in the project vicinity. No tree clearing is currently proposed with Site construction. Based on this no effect determination, no further coordination with the Fish and Wildlife Service is required; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are 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 or via email at firstname.lastname@example.org and should be received by the close of business on April 5, 2020. The Project Proposal can be viewed at https://ribits.usace.army.mil/ribits_apex/f?p=107:278:11329815496474::NO:RP,278:P278_BANK_ID:5646
If you have any questions about this Site, please contact:
Jeanne C. Richardson
Attachments: Conceptual Design, GSA Map, Location Map, ESA Information