Norfolk District
Project No. NAO-2024-02544
TO WHOM IT MAY CONCERN: The Norfolk District of the U.S. Army Corps of Engineers (Corps) has received a prospectus to establish a non-tidal stream and wetland compensatory mitigation bank pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344). The purpose of this public notice is to solicit comments from the public regarding the work described below:
SPONSOR:
Aaron Revere
New Bay, LLC
13 Stonehurst Green
Richmond, VA 23226
AGENT:
Travis Crayosky
Stantec Consulting Services, Inc.
5209 Center Street
Williamsburg, VA 23188
WATERWAY AND LOCATION: The Boydton Regional Umbrella Mitigation Bank (Bank) is proposed to include two sites and would affect waters of the United States associated with Mine Creek and Allen Creek in the Roanoke River watershed. The Antlers Road project/review area (AR Site) is located east of Antlers Road and west of Buggs Island Road. The Youngs Road project/review area (YR Site) is located south of Highway 58 and east of Antlers Road. The Sites are located at Latitude 36.6437328 and Longitude -78.3128818 (AR site) and Latitude 36.667070 and Longitude -78.308551 (YR site); in Mecklenburg County, Virginia.
PROPOSED WORK and PURPOSE: The Sponsor proposes to design, construct, establish, and operate the Sites for the purpose of providing off-site compensatory mitigation for projects that result in unavoidable impacts to waters of the U.S. including wetlands.
The Sponsor is proposing that the AR Site will generate a total of 34,025 stream credits. These credits will be generated through the preservation of 15,405 linear feet of stream, enhancement of 1,297 linear feet of stream, rehabilitation of 7,880 linear feet of stream, and the rehabilitation of 247 acres of riparian buffer. The Sponsor is proposing that the AR Site will generate a total of 8.14 non-tidal wetland credits. These credits will be generated through the re-establishment/rehabilitation of 6.42 acres of non-tidal wetlands and the preservation of 13.27 acres of non-tidal wetlands. Construction activities will include grading, ditch plugging, re-profiling the stream, planting and livestock exclusion.
The Sponsor is proposing that the YR Site will generate a total of 34.37 non-tidal wetland credits. These credits will be generated through the re-establishment/rehabilitation of 28.03 acres of non-tidal wetland, the enhancement of 7.37 acres of existing non-tidal wetlands, the rehabilitation of 4.41 acres of upland buffer, the preservation of 18.37 acres of upland buffer, and the preservation of 10.33 acres of existing non-tidal wetlands. Construction activities include minor grading, ditch plugging, planting, and exclusion of livestock.
The Bank is located in Hydrologic Unit Code (HUC) 03010106 in the Roanoke River Watershed within the Piedmont physiographic ecoregion. The Bank’s primary service area will include the portions of HUCs 03010106 and 03010102 within the Commonwealth of Virginia. The Bank’s secondary service area will include all of HUC 03010105 and portions of HUCs 03010104 and 03010103 within the Commonwealth of Virginia, and portions of HUC 03010101 within the Piedmont and Blue Ridge physiographic ecoregions.
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 Corps, the Virginia Department of Environmental Quality (DEQ), and the Virginia Marine Resources (VMRC) Commission, chair the IRT.
The Corps, the DEQ, and the VMRC provide no guarantee that any individual or general permit will be granted authorization to use the Project to compensate for unavoidable wetland and stream impacts associated with a permit verified, authorized, or issued by the Corps, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), and/or by the DEQ pursuant to Section 401 of the Clean Water Act and Title 62.1 of the Code of Virginia and/or the VMRC pursuant to Title 28.2 of the Code of Virginia.
This is not an application for work in waters of the United States.
A copy of the Prospectus and all associated information can be found on the U.S. Army Corps of Engineers (USACE) Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website Public Notices (army.mil).
CULTURAL RESOURCES:
Pursuant to 36 CFR 800.2(a)(2) the Corps is the lead Federal agency responsible for compliance with Section 106 of the National Historic Preservation Act for the proposed action. Any required consultation will be completed by the Corps.
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer (SHPO), federally recognized tribes, and other interested parties.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or Tribal Historic Preservation Office, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), to determine if any threatened, endangered, proposed, or candidate species, and any proposed and final designated critical habitat may occur in the vicinity of the proposed Bank Sites. Based on this initial review, the Corps has made a preliminary determination that there may be an effect to listed/proposed/candidate species and/or designated/proposed critical habitat.
Pursuant to Section 7 of the Endangered Species Act (ESA) any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.
This notice serves as a request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
The USFWS Information and Planning and Consultation (IPaC) Official Species List and Species Conclusion Table can be found on the RIBITS website Public Notices (army.mil).
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the DEQ. The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 11, 2020, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the Sponsor is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the DEQ. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received a Department of the Army (DA) permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
NOTE: This public notice is being issued based on information furnished by the Sponsor. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: 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 the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to approve, modify, condition, or deny the Bank. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
PRIVACY AND CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers. Submissions should not include any information that the submitter seeks to preserve as confidential.
The Norfolk District will receive written comments on the proposed work, as outlined above, until April 26, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Wes Hudson at CENAO_REG_MitigationTeam@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Norfolk District, Attention: Wes Hudson, CENAO-WRR), 803 Front Street, Norfolk, VA 23510-1011, Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.