NAO-2021-02234 (Back Mountain Mitigation Bank)

Norfolk District, U.S. Army Corps of Engineers
Published Dec. 16, 2021
Expiration date: 1/16/2022

December 14, 2021
NAO-2021-02234 (Back Mountain Mitigation Bank)

The District Engineer received a prospectus to establish a wetland and stream compensatory mitigation site for Federal and State permits as described below:

Back Mountain Mitigation Holdings, LLC
c/o Eco-Capital Advisors, LLC 
Attn: Brian Normanly
3414 Peachtree Road, Suite 990
Atlanta, Georgia 30326

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed 162 acres compensatory mitigation site is currently being used for a mixture of open pasture with cattle grazing and mature mixed pine and hardwood forest.  The Site is in Southeastern Buckingham County, approximately nine (9) miles north of Farmville, Virginia.  The Site is located within the Middle James River watershed.   The Willis River flows along the southern property boundary which flows to the James River.
PROPOSED WORK AND PURPOSE:  The Sponsor proposes to establish, design, construct, and operate a wetland and stream compensatory mitigation site known as the Back Mountain Mitigation Bank (BMMB).  The purpose of the compensatory 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 Sponsor proposes to construct BMMB in one (1) Phase.  The Sponsor proposes the following wetland and stream credit breakdown:

Stream Credit Breakdown:

9,335 Virginia Unified Stream Methodology (USM) credits are derived from restoration, enhancement, buffer planting and livestock exclusion 

711 USM credits are derived from preservation 

Wetland Credit Breakdown:

49 wetland credits will be derived from restoration (49 acres – 1:1)
1.3 wetland credits will be derived from enhancement (4 acres – 3:1)
0.37 wetland credits will be derived from palustrine forested wetland preservation (3.65 acres –10:1)
1.75 wetland credits will be derived from upland preservation and restoration (26.56 acres – 15:1)
2.62 wetland credits will be derived from the recordation of a conservation easement

BMMB is located within Hydrologic Unit Code (HUC) 02080205. The Sponsor is proposing that the geographic service area (GSA) for BMMB will include all of HUCs 02080204, 02080205, 02080207, and a portion of 02080203 and 02080206. 

Oversight of BMMB 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 (USACE) and the Virginia Department of Environmental Quality (DEQ) chair the IRT.  
The actual approval of the use of BMMB for a specific project is the decision of USACE 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.  USACE and DEQ provide no guarantee that any particular individual or general permit will be granted authorization to use BMMB to compensate for unavoidable wetland or stream 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:  USACE 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.  USACE is evaluating this proposal and 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 Norfolk District ESA Project Review Process, there likely will be no affect to species listed under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table located at,278:P278_BANK_ID:6197; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near BMMB, 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:  Charlottesville Field Office), Mr. Vinny Pero, at the address below, and should be received by the close of business on January 16, 2022.  The Prospectus and Drawings can be viewed at,278:P278_BANK_ID:6197

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If you have any questions about this mitigation site, please contact:

Mr. Vinny Pero
920 Gardens Blvd., Suite103-B    
Charlottesville, Virginia 22901