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NAO-2024-01425 Hogue Creek Mitigation Bank Prospectus, Frederick, Virginia)

U.S. Army Corps of Engineers Norfolk District
Published July 22, 2024
Expiration date: 8/21/2024

July 22, 2024
CENAO-WRR
NAO-2024-01425 (Hogue Creek Mitigation Bank)

FEDERAL PUBLIC NOTICE
The District Engineer received a prospectus to establish a stream and wetland compensatory mitigation site for federal and state permits as described below:

SPONSOR
Hogue Creek Mitigation, LLC
Attn: David Jordan
18267 Channel Ridge Court
Leesburg, VA 20176

WATERWAY AND LOCATION OF THE PROPOSED WORK: 
The proposed compensatory mitigation site (Site) is located north and east of Indian Hollow Road on an 122-acre property located within Frederick County, Virginia. The Site currently consists of Hogue Creek, unnamed tributaries to Hogue Creek, and fields (currently used for cattle grazing). The Site is located within the Shenandoah River Basin.

Latitude and Longitude 39.2437410 N, -78.261378 W

PROPOSED WORK AND PURPOSE: 
The Sponsor proposes to design, construct, establish, and operate Hogue Creek Mitigation Bank (Bank). The purpose of the Bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to waters of the U.S. including streams and wetlands.

The Sponsor is proposing to generate 11,596 stream credits through a combination of stream restoration (3,864 linear feet), stream enhancement (522 linear feet) stream buffer rehabilitation (30.2 acres), livestock exclusion (9,191 linear feet), and threatened and endangered species habitat creation.

Additionally, the Sponsor is proposing to generate 39.2 non-tidal wetland credits through non-tidal wetland restoration (37 acres), non-tidal wetland enhancement (0.03 acres), and upland buffer rehabilitation (4.02 acres).

The Bank is located within Hydrologic Unit Code (HUC) 02070004. The Bank’s primary service area will include all of HUCs 02070004, 02070006 and 02070007 within Virginia. The Bank’s secondary service area will include all of HUC 02070005.

Oversight of the Bank 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 the Bank for a specific project is the decision of USACE pursuant to Section 404 of the Clean Water Act and/or by DEQ and the Virginia Marine Resource Commission (VMRC) pursuant to Section 401 of the Clean Water Act and Title 28.2 and Title 62.1 of the Code of Virginia. USACE and DEQ provide no guarantee that any individual or general permit will be granted authorization to use the Bank to compensate for unavoidable wetland and stream impacts associated with a proposed permit.

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 to consider and evaluate this proposed Bank.  This is not an application for work in waters of the United StatesUSACE 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, the proposed activities may affect – not likely to adversely affect species listed under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table are located at Public Notices (army.mil); and (3) there are known historic resources potentially eligible for inclusion or included in the National Register of Historic Places within the Bank property. 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: Richmond Field Office), Dr. Herman W. Hudson III, at the address below, or via email at CENAO_REG_MitigationTeam@usace.army.mil and should be received by the close of business on August 21, 2024. The Prospectus and Drawings can be viewed at: Public Notices (army.mil).

If you have any questions about this Bank, please contact:
Herman W. Hudson III, PhD
9100 Arboretum Pkwy, Suite 235
Richmond, Virginia 23236
757-201-7808
CENAO_REG_MitigationTeam@usace.army.mil