August 31, 2022
CENAO-WRR
NAO-2009-00044
FEDERAL PUBLIC NOTICE
The District Engineer received a prospectus to establish an oyster reef compensatory mitigation site for federal and state permits as described below:
ILF SPONSOR
Ms. Liz Friel
Living River Restoration Trust
5205 Colley Avenue, Suite 122
Norfolk, VA 23508
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed mitigation site is located on approximately 2 acres of sub-tidal property owned by the Commonwealth of Virginia and located at Lamberts Point in the Elizabeth River in Norfolk, Virginia.
LATITUDE AND LONGITUDE: 36.870644 -76.321152
PROPOSED WORK AND PURPOSE: The Sponsor proposes to construct a 2-acre oyster reef mitigation site to be known as the Lamberts Point Site. The purpose of the mitigation project is to retore oyster reef habitat and to provide off-site compensatory mitigation for projects that result in unavoidable impacts to in the Elizabeth River Drainage Basin.
The Sponsor proposes to construct an approximately 2-acre oyster reef on the southeast corner of Lamberts Point. The oyster reef is proposed to be designed as a submerged two-dimensional reef and with the sub-base constructed of appropriate substrate material. The compensatory mitigation credits to be generated by the proposed Lamberts Point project will be consistent with the approved Living River Restoration Trust In-Lieu Fee Program Instrument.
The Sponsor 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 site would include the National Watershed Boundary Dataset Hydrologic Unit Codes 02080208.
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/or 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 is required and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal. Additional information might change any of these 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). Elizabeth River contains Essential Fish Habitat (EFH) for the butterfish, windowpane flounder, Bluefish, dusky shark, Black sea bass, Summer flounder, red drum, Sandbar Shark, Cobia, King mackerel, Atlantic Spanish mackerel, Atlantic sturgeon, and Shortnose sturgeon. The habitat which this project would affect consists of approximately 2 acres of sub-tidal habitat. The proposed project is described in Proposed Work and Purpose, above and in the Prospectus. Our assessment of the project leads us to a preliminary determination that it will not have a substantial adverse effect on EFH and therefore expanded EFH consultation is not required. Our rationale for this preliminary determination is based on the expected short-term nature of the direct impacts/minimal increases in turbidity/changes in water temperature or salinity caused by the proposed work/the absence of vegetated wetlands, submerged aquatic vegetation, and anadromous fish spawning habitat/ existing poor water quality/unsuitable substrate. Based on comments from the National Marine Fisheries Service in response to this public notice, further EFH consultation may be necessary.
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 October 1, 2022. The Prospectus and Drawings can be viewed at https://ribits.ops.usace.army.mil/ords/f?p=107:622.
If you have any questions about this mitigation site, please contact:
Jeanne C. Richardson
434.384.0182
jeanne.c.richardson@usace.army.mil