The District Engineer has received a prospectus to establish a wetland and stream compensatory mitigation bank for Federal and State permits as described below:
BANK SPONSOR
Hagan Farm Umbrella Mitigation Bank
Sponsored by: David Hagan
2135 Roanoke Street
Christiansburg, VA 24073-2511
WATERWAY AND LOCATION OF THE PROPOSED WORK
The proposed umbrella mitigation bank site is located on approximately 500 acres of pasture land. The site is located in Radford in Pulaski County, Va., (37°03'49"N and -80°31 'Ol"W). The proposed bank site drains to Meadow and Mill Creeks, tributaries of the New River.
PROPOSED WORK AND PURPOSE
The bank sponsor proposes to establish, design, construct, and operate a compensatory wetland and stream mitigation bank to be known as Hagan Farm Umbrella Mitigation Bank The purpose of the mitigation bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to streams and other waters of the United States in the Upper New River and Middle New River Drainage basin.
The goal of the bank is to protect and enhance water quality, enhance impaired streams and wetlands, encourage regional watershed management, restore native riparian areas for wildlife habitat and ecosystem biodiversity, as well as provide compensatory mitigation for authorized impacts within the authorized service area.
The bank sponsor plans to establish this bank via protective stream and wetlands easements on approximately 117.5 acres of currently unmaintained pasture land. A combination of restoration and preservation will be used on the site.
Phase I will involve the enhancement of 2,426 linear feet of Mill Creek which will include stream bank plantings along the reach and livestock exclusion.
Approximately 0.12 acres of PSS wetland restoration will be undertaken in this phase as well.
Phase II will utilize natural channel design restoration techniques to restore 972 feet of unnamed tributary 12,680 feet of unnamed tributary 2 and 839 feet of unnamed tributary 3.
Phase III will utilize natural channel design restoration techniques to restore 1,056 feet of Mill Creek which has degraded due to past land uses including unimpeded cattle grazing and stream access.
Phase IV will utilize natural channel design restoration techniques to restore 7,010 feet of Meadow Creek. In addition to channel restoration work this phase will include stream bank plantings, livestock exclusion, and removal of evasive species new riparian plantings within a 100-foot buffer, limited 200-foot buffer plantings and preservation of mature timber in applicable areas. The overall goal of the Bank is to provide 18.4 acres of wetland mitigation (33.3 wetland compensation credits) through the restoration of 3.5 acres of degraded wetlands and through the creation of 14.9 acres of new wetlands. Stream credits are proposed as 28,950 for restoration and 2,223 for enhancement.
The sponsor has proposed, for purposes of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act that the geographic service area of this mitigation bank would include the USGS Hydrologic Unit Codes 05050001 and 05050002. This proposed service area would include Bland, Carroll, Floyd, Giles, Grayson, Montgomery, Pulaski, Smyth, Tazewell, and Wythe Counties.
Oversight of this mitigation bank will be by a group of federal and state agency representatives. This interagency oversight group will be known as the Interagency Review Team (IRT). The Norfolk District of the U.S. Army Corps of Engineers shall chair the IRT.
This mitigation bank may be one of a number of practicable options available to applicants to compensate for unavoidable wetland impacts associated with permits issued under the authority of Section 404 and 401 of the Clean Water Act (Public Law 95-217) in southern Virginia.
The actual approval of the use of this mitigation bank for a specific project is the decision of the Corps pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act and/or by the Department of Environmental Quality pursuant to Section 401 of the Clean Water Act and Title 62.1 of the Code of Virginia. The Corps and the Department of Environmental Quality provide no guarantee that any particular individual or general permit will
be granted authorization to use this mitigation bank to compensate for unavoidable wetland impacts associated with a proposed permit, even though compensatory mitigation may be available. Authorization by the Virginia Marine Resources Commission may also be required for its use for specific projects.
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 PROPOSAL
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:
(1) 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.
The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all Federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The proposed project is described above in Proposed Work and Purpose. The proposed project is not located in Essential Fish Habitat and is not likely to affect EFH.
COMMENT PERIOD
Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-REG), 803 Front Street, Norfolk, Va., 23510-1096, and should be received by the close of business on May 22,2013.
Copies will be forwarded to the DEQ.
If you have any questions about this project or the permit process, please contact: Danielle Courtois at (540) 651-2088 or Danielle. R. Courtois@usace.army.mil
FOR THE DISTRICT ENGINEER:
Peter Kube, Chief
Western Virginia Regulatory Section
Attachments:
Figure 1 Location map
Figure 2 Project Location and Topography map
Figure 3 Summary of Improvements