NAO-2001-00577
The Norfolk District, U.S. Army Corps of Engineers (Corps) received a complete prospectus on April 7, 2025 from Taylor Harvie III, proposing to add approximately 3.25 acres to the approved Coverly Mitigation Bank to offset impacts authorized as part of future federal and state permits. The purpose of this notice is to solicit comments and recommendations from the public, federal, state, and local agencies and officials, Indian tribes, and other interested parties concerning the work as described below.
SPONSOR:
Taylor Harvie III
12901 Coverly Road
Amelia Courthouse, VA 23002
AGENT:
P. Matt Overton
Aythya Environmental, LLC
202 Henry Clay Road
Ashland, VA 23005
WATERWAY AND LOCATION:
The additional area to be added to the approved Coverly Mitigation Bank is located on Coverly Road in Amelia County, Virginia at 37.394912, -77.874324. The additional area consists of created wetlands and upland buffers. The additional area is located adjacent to Appomattox River and is located within the James River Basin in the Piedmont Physiographic Province. The additional area to be added to the bank is approximately 3.25 acres.
PROPOSED WORK and PURPOSE:
The Sponsor is proposing to expand the Coverly Mitigation Bank limits to include 1.25 acres of wetlands that were created during the original construction of the bank, and to include 2 acres of buffers around these created wetlands. The additional area will be included in a new conservation easement and new Mitigation Banking Instrument. In total, the actions will generate a total of 3.37 non-tidal wetland credits.
The purpose of the mitigation project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands in the James River watershed.
The additional area will have the same primary service area as the existing Bank which includes HUCs 02080207, 02080203, 02080205, 02080206 within the James River Watershed.
Oversight of the Project 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)chair the IRT.
The Corps and the DEQ 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.
A copy of the Prospectus can be found on the Corps Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website Public Notices (army.mil)
https://ribits.ops.usace.army.mil/ords/f?p=107:622:1800163446844::NO
AUTHORITY:
Issuance of public notices regarding proposed compensatory mitigation sites is required pursuant to Compensatory Mitigation for Losses of Aquatic Resources; Final Rule as published April 10, 2008, in the Federal Register, Vol. 73, No. 70, pages 19,594-19,705 (33 CFR 325 and 332 and 40 CFR 230). This is not an application for work in federally regulated waters; however, authorization under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA) may be required for implementation of the proposed work, if approved. No decision has been made as to whether this proposed mitigation bank will be approved.
FEDERAL EVALUATION OF APPLICATION:
The Corps 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 Project. To make this decision, 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. If the Sponsor is advised and/or chooses to submit a draft mitigation banking instrument, the Corps will use the comments received on this public notice to inform an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.
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 initial determination is that the proposed undertaking of expanding the Coverly Mitigation Bank limits has no potential to cause an effect to an historic property.
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. Additional information may change these findings.
ENDANGERED SPECIES:
The Corps performed an initial evaluation of proposed activity and, as the proposal does not include any physical work to the land, the Corps determines that, pursuant to Section 7 of the Endangered Species Act (ESA), approval of this request would have no effect on any federally endangered or threatened species or their critical habitat.
The USFWS Information and Planning and Consultation (IPaC) Official Species List and Species Conclusion Table are included in RIBITS (link provided above.)
ESSENTIAL FISH HABITAT:
There is no EFH in the Corps area of responsibility.
NAVIGATION:
The proposed structure or activity is not located in the vicinity of a federal navigation channel.
SECTION 408:
The proposed activity in not located within or near a USACE Civil Works Project (e.g., Navigation, Flood Risk Management, or Ecosystem Restoration).
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 at eir@deq.virginia.gov 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 Sponsor and their Agent. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.
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 Corps. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the Corps. Submissions should not include any information that the submitter seeks to preserve as confidential.
COMMENT PERIOD:
The Norfolk District will receive written comments on the application, as outlined above, until the close of business on October 4, 2025.
Comments can be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Herman W. Hudson III via email 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 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.
If you have any questions about this application, contact:
Herman W. Hudson III at
Herman.W.Hudson@usace.army.mil and copy
CENAO_REG_MitigationTeam@usace.army.mil