May 25, 2022
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:
Abundance Mitigation, LLC
6799-A Kennedy Road
Warrenton, VA 20187
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed mitigation site is approximately 30 acres, of an approximately 140-acre farm located on the west line of Route 28, generally south of Route 605, in Fauquier County, Virginia. The site drains into Walnut Branch, within the Middle Potomac watershed.
PROPOSED WORK AND PURPOSE: Abundance Mitigation, LLC (Sponsor) proposes to establish, design, construct, and operate a compensatory stream/wetland mitigation site to be known as Funtastic 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 Potomac River watershed.
The Sponsor plans to enhance, restore, and preserve existing wetlands, streams, and riparian buffers to generate approximately 0.71 wetland credit and 7,099 stream credits.
The Sponsor proposes, 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, 02070010, 02070011. This proposed service area would include all or portions of the counties of Fauquier, Loudoun, Fairfax, Prince William, Stafford, King George, Westmoreland, and Northumberland.
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 (Corps) and the Virginia Department of Environmental Quality (DEQ) chair the IRT.
This mitigation site may be one of a number of practicable options available to applicants to compensate for unavoidable wetland/stream 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 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 mitigation site to compensate for unavoidable wetland/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 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 mitigation 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, 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 June 24, 2022. The Prospectus and Drawings can be viewed at https://ribits.ops.usace.army.mil/ords/f?p=107:10:498871912760::::P10_BANK_ID:5298
If you have any questions about this mitigation site, please contact: Silvia Gazzera at (804) 212-6817 or email@example.com.