Published March 29, 2013
Expiration date: 4/29/2013

The district commander has received a prospectus to establish a stream compensatory mitigation bank for federal and state permits as described below 

Brandon and Brandon, LLC
c/o Mr. Sidney Brandon
P.O. Box 158
Dundas, VA  23938 

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed approximately 645.6 acre mitigation bank is located within a 1,358.4-acre project area consisting of two parcels.  The project is bisected by State Route 618 (Southwark Road) and by State Route 610 (Swann’s Point Road), and is bordered to the north by the James River and to the south by Spring Run, in Surry County, Va.  The proposed site drains to the James River and includes many tributaries including sections of Broad Swamp, Spring Run, and Grays Creek. 

PROPOSED WORK AND PURPOSE:  The bank sponsor proposes to establish, design, construct, and operate a compensatory stream mitigation bank to be known as the Lower James Stream Mitigation Bank (LJSMB).  The purpose of the mitigation bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to non-tidal streams in the James River Watershed.  The goal of the bank is to provide compensation for the unavoidable impacts to waters of the United States within the authorized service area.  

The bank sponsor plans to establish this bank by restoring approximately 10,045 linear feet of stream, enhancing 2,082 linear feet of stream, and preserving/buffer planting approximately 38,164 linear feet of stream.  Work will also include riparian buffer restoration, and additional credit for completely capturing the watershed of multiple headwater streams.  A copy of the prospectus and supporting documentation is located on RIBITS at under Norfolk District Banks & ILF Sites Tab in Lower James Stream Mitigation Bank folder. 

The proposed service area shall include all of hydrologic unit 02080206, portions of 02080208 within the Nansemond River Basin and the city of Newport News, portions of 02080205, with in Henrico County, Chesterfield County and the City of Richmond, and portions of 02080207 within Chesterfield County, and the Cities of  Hopewell, Colonial Heights, and Petersburg. 

AUTHORITY: Issuance of a public notice regarding proposed mitigation banks 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 APPLICATION:  The Corps of Engineers 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 proposed mitigation bank.  This is not an application for work in waters of the United States.   The Corps of Engineers 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 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:  (l) no environmental impact statement will be required; (2) conduct of work will not affect species listed as threatened or endangered under the Endangered Species Act of 1973 (PL 93-205); and (3) the project may not have an effect on properties listed on the National Register of Historic Places.  Additional information might change any of these preliminary findings. 

COMMENT PERIOD:  Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers, Richmond Field Office (ATTN:  Steven VanderPloeg), 9100 Arboretum Parkway, Suite 235, Richmond, Va.  23236, and should be received by the close of business on April 29, 2013.  

PRIVACY & 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.  

If you have any questions about this project or the permit process, contact Steven VanderPloeg at 804-323-3780 or by email at


                                                                        Lynette R. Rhodes 
                                                                        Chief, Southern Virginia
                                                                        Regulatory Section