November 12, 2020
CENAO-WRR
NAO 2020-01923
FEDERAL PUBLIC NOTICE:
The District Engineer received a prospectus to establish a wetland and stream compensatory mitigation site for Federal and State permits as described below:
BANK SPONSOR:
HGS, LLC
c/o Ben Eubanks
1408 Roseneath Road, Suite B
Richmond, Virginia 23230
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed mitigation site is approximately 1012 acres and includes the Saylers Creek Site and the Boxwood Farms (Boxwood Site). The Sites are located within the Appomattox watershed in Amelia, Prince Edward, and Buckingham counties, Virginia.
PROPOSED WORK AND PURPOSE: The sponsor proposes to establish, design, construct, and operate two compensatory wetland and stream mitigation sites to be known as the Saylers Creek Stream and Wetland Mitigation Bank. The purpose of the mitigation 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.
The following are the specific mitigation activities proposed for each site:
Site 1- Saylers Creek
Restoration: 34.38 acres of wetlands; 9.12 acres of wetland buffer; 14, 245 linear feet of stream
Enhancement: 12.75 acres of wetlands; 11,530 linear feet of stream
Preservation: 24.69 acres of wetlands; 77.30 acres of wetland buffer; 47,508 linear feet of stream
Proposed Credits: 40,975 stream credits and 45.58 wetland credits
Site 2 – Boxwood Site
Restoration: 39 acres of riparian buffer restoration
Preservation: 34,727 linear feet of stream
Proposed Credits: 7,675 stream credits
The sponsor proposed, for purposes of Section 404 of the Clean Water Act, the Geographic Service Area (GSA) for the Bank is to serve areas within HUC 02080207 and HUC 02080205 (the Middle James-Willis Watershed) as well as the western portion of 02080206 (the Lower James Watershed, west of Interstate 295) and eastern portion of 02080203 (the Middle James-Buffalo Watershed, east of Route 29).
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.
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 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 and/or 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 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 species listed under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table is attached for review and comment by Fish and Wildlife Service; and (3) properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or may 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: Charlottesville Field Office), Mr. Vinny Pero, at the address below, and should be received by the close of business on, December 12, 2020 The Prospectus and Drawings can be viewed at https://ribits.usace.army.mil/.
If you have any questions about this mitigation site, please contact:
Mr. Vinny Pero
920 Gardens Blvd., Suite103-B
Charlottesville, Virginia 22901
434.973.0568
vincent.d.pero@usace.army.mil