Norfolk District
Project No. NAO-2022-02902
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:
Wildlands Holdings X
Attn: Shawn Wilkerson
1430 South Mint Street, Suite 104
Charlotte, NC 28203
AGENT:
Wildlands Engineering, Inc.
Attn: Abigail Vieira
5520 B Hempstead Way
Springfield, VA 22151
WATERWAY AND LOCATION: The Middle James Umbrella Mitigation Bank (Bank) consist of two sites. The Natts Branch Site would affect waters of the United States associated with Natts Branch in the Middle James River Basin and the Clover Hill Site would affect waters of the United States associated with Stonewall Creek in the Middle James River Basin.
The Natts Branch Site is located east of Liberty Chapel Road and southeast of Humbles Farm Ln at Latitude 37.384582 and Longitude -78.9714782; in Appomattox County, Virginia.
The Clover Hill Site is located south of Stratton Dairy Road, 0.6 miles southwest of the intersection of Stonewall Rd and Stratton Dairy Rd at Latitude 37.384582 and Longitude -78.9714782; in Appomattox County, Virginia.
PROPOSED WORK and PURPOSE: The Sponsor proposes to design, construct, establish, and operate the Bank for the purpose of providing off-site compensatory mitigation for projects that result in unavoidable impacts to waters of the U.S., including wetlands.
Natts Branch Site
The Sponsor proposes that the Natts Branch Site will generate a total of 16,220 stream credits. These credits will be generated through the preservation of 1,885 linear feet of stream channel, the rehabilitation of 9,281 linear feet of stream channel, the rehabilitation of 37.7 acres of riparian buffer, and the preservation of 17.4 acres of riparian buffer. Livestock will be excluded from 9,281 linear feet of stream channel. Construction activities will include re-profiling the stream channel, establishing in-stream structures, and planting.
The Sponsor proposes that the Natts Branch Site will generate a total of 10.86 non-tidal wetland credits. These credits will be generated through the creation (establishment) of 7.97 acres of non-tidal wetlands, the enhancement (rehabilitation) of 4.21 acres of non-tidal wetlands, the restoration (re-establishment) of 1.12 acres of non-tidal wetlands, the restoration (re-establishment) of 0.82 acres of wetland buffers. Construction activities will include filling ditches, grading, removing invasive species, and planting.
Clover Hill Site
The Sponsor proposes that the Bank will generate a total of 12,668 stream credits. These credits will be generated through the preservation of 373 linear feet of stream channel, the enhancement of 368 linear feet of stream banks, the rehabilitation of 7,038 linear feet of stream channel, the rehabilitation of 33.2 acres of riparian buffer, and the preservation of 4.4 acres of riparian buffer. Livestock will be excluded from 7,628 linear feet of stream channel. Construction activities will include re-profiling the stream channel, establishing in-stream structures, and planting.
The Bank is located in Hydrologic Unit Code (HUC) 02080203 in the Middle James River Watershed within the Piedmont physiographic ecoregion. The Bank’s primary service area will include the portions of HUCs 02080203, 02080201, 02080202, 02080204, 02080205, 02080207 within the Commonwealth of Virginia. The Bank’s secondary service area will include all of HUC 02080206, 02080108, 02080208 and within the Commonwealth of Virginia.
Oversight of the Bank/ILF 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 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 Bank/ILF Site 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) USACE 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 USACE.
The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
Cultural resources that have been determined not eligible for inclusion in the National Register of Historic Places are present within the Corps’ permit area; therefore, there will be no historic properties affected by the proposed work. The Corps has received concurrence from the State Historic Preservation Office and/or Tribal Historic Preservation Office.
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, 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 the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project 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 USACE is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the USACE.
This notice serves as 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).
VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Virginia’s Coastal Zone, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia’s Coastal Zone Management Program (Virginia CZM Program), and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). It is the applicant’s responsibility to submit a consistency certification to the OEIR for concurrence or objection, and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found in the Federal Consistency Manual here: https://www.deq.virginia.gov/our-programs/environmental-impact-review/federal-consistency. For more information or to obtain a list of the enforceable policies of the Virginia CZM Program, contact the DEQ-OEIR at (804) 659-1915 or e-mail: bettina.rayfield@deq.virginia.gov.
No concurrence is required because the project is not located within Virginia’s Coastal Zone.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Virginia Department of Environmental Quality. 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 applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the Virginia Department of Environmental Quality. 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 applicant. 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 June 27, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Herman W. Hudson III 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: Herman W. Hudson III, 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.