US Army Corps of Engineers
Norfolk District Website

NAO-2019-02119-arl (Licking Run)

Norfolk District, U.S. Army Corps of Engineers
Published Oct. 14, 2020
Expiration date: 11/16/2020

October 26, 2020
CENAO-REG
NAO-2019-02119-arl (Licking Run)

FEDERAL PUBLIC NOTICE
The District Engineer has received a prospectus to establish a wetland mitigation bank for Federal and State permits as described below:

BANK SPONSOR
HGS, LLC
Attn: Duncan Heyward
1408 Roseneath Road Suite B
Richmond, Virginia 23230

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed wetland mitigation bank is located on approximately 118 acres of agricultural land. The site is east of Fleetwood Drive, west of Route 806 and north of Fusion Way.  The projects site is located in both Fauquier and Prince William County, Virginia. The proposed bank site drains to Town Run and Cedar Run which are a tributary of the Potomac River. 

PROPOSED WORK AND PURPOSE:  The bank sponsor proposes to establish, design, construct, and operate a compensatory wetland mitigation bank to be known as the Laws Ford Wetland Mitigation Bank. The purpose of the mitigation site is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to waters, including wetlands, of the United States in the Potomac River drainage basin. 

The Sponsor plans to establish this site by performing 18 acres of wetland restoration, 0.33 acre of wetland enhancement, 22.68 acre of wetland preservation, 3.35 acres of upland buffer restoration and 74.01 acre of upland buffer preservation. Restoration of wetlands may include, but are not limited to minor grading, invasive species removal and control, reforestation and removal of direct anthropogenic alterations (e.g. ditching, potential drain tiling).

The sponsor has proposed, for purposes of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act that the geographic service area of this mitigation bank would include the USGS Hydrologic Unit Codes 02070008 and 02070010. This proposed service area would include all or portions of the cities/counties of Loudoun County, Fauquier County, Prince William County, Fairfax County, City of Manassas, City of Alexandria, City of Falls Church, City of Arlington, and the City of Fairfax.  

Oversight of this mitigation bank will be by a group of federal and state agency representatives known as the Interagency Review Team (IRT).  The Norfolk District of the U.S. Army Corps of Engineers shall chair the IRT.

This mitigation 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 southern 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 bank to compensate for unavoidable wetland 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 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 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.  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 will be required; (2) via this public notice coordination with the appropriate agencies will be completed as I have determined the proposed work will not affect species listed as threatened or endangered under the Endangered Species Act of 1973 (PL 93-205); and (3) coordination with the appropriate agencies will be completed to determine is the proposed work project may/may not have an effect on properties listed on the National Register of Historic Places.  Additional information might change any of these preliminary findings.

The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all Federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The proposed project is described above in Proposed Work and Purpose.  The proposed project is not located in Essential Fish Habitat and is not likely to affect EFH. 

COMMENT PERIOD:  Comments on this project and requests for hard copies of this public notice should be in writing and can be sent by either email to anna.r.lawston@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers, Warrenton Field Office (ATTN:  Anna Lawston), PO Box 578, Amissville, Virginia 20106, and should be received by the close of business on Thursday, November 26, 2020.  Copies will be forwarded to the DEQ.       

 

If you have any questions about this project or the permit process, contact

Ms. Anna Lawston at 540-764-4459 or anna.lawston@usace.army.mil

 

Attachment: Vicinity map, conceptual site plan, SCT