Public Notice Distribution List

To be added to the Regulatory Branch Public Notice email distribution list, please send an email to Rod Desk at CENAO-.REG_ROD@usace.army.mil 

NAO-2021-00695 (Brookdale Farm Mitigation Bank)

Norfolk District, U.S. Army Corps of Engineers
Published April 4, 2022
Expiration date: 5/4/2022

April 4, 2022

CENAO-WRR
NAO-2021-00695

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

Potomac Mitigation Bank, LLC
37163 Mountville Road
Middleburg, VA 20117

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed mitigation site is located on an approximately 264-acre farm. The site drains into Willtown Creek, within the Middle Potomac-Occoquan watershed, and is located north of Rickard Road, between Bolington Road and Rodeffer Road, in Loudoun County, Virginia.

PROPOSED WORK AND PURPOSE:  The sponsor proposes to establish, design, construct, and operate a compensatory stream/wetland mitigation site to be known as Brookdale Farm 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 in the Middle Potomac-Occoquan and the Middle Potomac-Anacostia-Occoquan watersheds.

The Sponsor plans to enhance, restore, preserve existing wetlands, streams, and riparian buffers to generate approximately 13.5 wetland credits and 9,207 stream credits.

The sponsor proposed, for purposes of Section 10 of the Rivers and Harbor Act and Section 404 of the Clean Water Act, that the geographic service area of this mitigation site would include the National Watershed Boundary Dataset Hydrologic Unit Codes 02070008 and 02070010. This proposed service area would include portions of the Cities of Manassas, Fairfax, Falls Church; the Counties of Loudoun, Fauquier, Fairfax, and Prince William; and the Town of Leesburg.

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. 

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 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 Section 10 of the Rivers and Harbors 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 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, 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, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended will be affected.  Based on this no effect determination, no further coordination with the Fish and Wildlife Service; and (3) no known properties eligible for listing or listed on the on the National Register of Historic Places are likely to be affected by this 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), 803 Front Street, Norfolk, Virginia 23510-1096, and should be received by the close of business on May 4, 2022. The Prospectus and Drawings can be viewed at https://ribits.ops.usace.army.mil/ords/f?p=107:278:2160523360128:::RP,278:P278_BANK_ID:6019

If you have any questions about this mitigation site, please contact: Silvia Gazzera at (804) 212-6817 or silvia.b.gazzera@usace.army.mil.