NAO 2022-02532 (VDOT UMBI, Multiple Counties, Virginia)

January 13, 2023
CENAO-WRR
NAO-2022-02532

FEDERAL PUBLIC NOTICE

The District Engineer has received a prospectus for the creation of an Umbrella Mitigation Bank (Bank) that will encompass multiple finalized Virginia Department of Transportation (VDOT) wetland compensatory mitigation sites with remaining credits. Compensation activities at the Bank sites includes wetland creation and preservation. The prospectus also discusses stream credit creation for the alteration of existing road crossings that will allow aquatic organisms access to upstream waters that were severed as a result of construction of those road crossings.

BANK SPONSOR

ROBERT CONDREY
ENVIRONMENTAL DIVISION
VIRGINIA DEPARTMENT OF TRANSPORTATION
PHONE: 804-840-2095
robert.condrey@VDOT.virginia.gov

WATERWAY AND LOCATION OF THE EXISTING MITIGATION SITES:  The 5 initially proposed Bank sites with remaining credits, location, size, and current service area:

1) Dick Cross Wetland Mitigation Bank (36.615 N, -78.270278 W) - Consists of 23.4 acres of created wetlands within the Dick Cross Wildlife Management Area in Boydotn, Virginia, and services Hydrologic Unit Code (HUC) 03010106.

2) Route 199 (Diggs) Wetland Mitigation Bank Site (37.3425 N,  -76.928056 W) - Consists of 46.2 acres of created wetlands in Charles City County, Virginia, and services HUC 02080206.

3) Route 208 Wetland Mitigation Bank Site (38.178611 N, -77.622222 W) - Consists of 5.5 acres of created wetlands in Spotsylvania County, Virginia, and services HUC 02080105.

4) Weanack Wetland Mitigation Bank Site (37.336944 N, -77.253889 W) - Consists of 6.76 acres of created wetlands in Charles City County, Virginia, and services HUC 02080206.

5) West Point Wetland Mitigation Bank Site (37.550833 N, -76.79 W) - Consists of 5.77 of created tidal wetlands in West Point, Virginia, and services HUC 02080105.

PROPOSED WORK AND PURPOSE: VDOT is preparing an Umbrella Mitigation Banking Instrument (UMBI) to allow the unassigned credits associated with five Bank sites to be used for the compensation of unavoidable impacts associated with future VDOT construction and maintenance projects in the respective service areas. The Bank sites have been constructed, monitored and maintained and are fully functioning wetland compensation sites. The Bank sites are consistent with the October 2018 Site Selection Criteria developed by the US Army Corps of Engineers Norfolk District (USACE) and Virginia Department of Environmental Quality (DEQ). A summary table of the Bank sites including unassigned credits is provided below.

In addition, future sites may include enhanced Aquatic Organism Passage (AOP) sites that would include culvert replacements, culvert upgrades, stream restoration, and/or other measures that would serve to enhance movement and migration of aquatic organisms. The amount of credit awarded for these actions will be determined on a case-by-case basis.

Previous oversight of these Bank sites was performed by a group of federal and state agency representatives. The UMBI and all future oversight of the Bank sites will be performed by 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.

VDOT will be the only entity able to use these credits as compensation for impacts to Waters of the U.S.

The actual approval of the use of these Bank sites for a specific project is the decision of the USACE pursuant to Section 404 of the Clean Water Act and/or 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. USACE and DEQ provide no guarantee that any particular individual or general permit will be granted authorization to use these mitigation credits 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:  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 prospectus.  This is not an application for work in Waters of the United States. These bank sites have been constructed, monitored, and finalized by the IRT and Chairs.

USACE 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 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). 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 that all impacts have been permitted and taken. No additional work is required for the 5 mitigation sites. 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: Brian Denson CENAO-WRR), 803 Front Street, Norfolk, Virginia 23510-1096, and should be received by the close of business on February 13, 2022. The Prospectus and Drawings can be viewed at the Umbrella Instrument Notices page located at the link below. Select the Umbrella Instrument Notices button located at the top of the webpage in order to see all Umbrella Instrument Notices.

 https://ribits.ops.usace.army.mil/ords/f?p=107:622:4897146178178::NO

If you have any questions about this mitigation site, please contact: Brian Denson by email at brian.c.denson@usace.army.mil.