Published Aug. 15, 2013
Expiration date: 9/12/2013

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

Michael Kelly
Roanoke River Wetlands and Stream Mitigation Bank, LLC
1011 Boulder Springs Drive, Suite 225
Richmond, Virginia 23225

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed mitigation bank site (Site) is located on approximately 155 acres of land within two properties comprised of 292 acres in Franklin and Henry Counties, Va. The proposed Site is an expansion of the existing Roanoke River Wetlands and Stream Mitigation Bank. The proposed site drains to Reed Creek a tributary of the Roanoke River. 

PROPOSED WORK AND PURPOSE:  The bank sponsor proposes to expand the existing Roanoke River Wetlands and Stream Mitigation Bank and preserve approximately 13,793 linear feet of stream channel, enhance approximately 369 linear feet of stream channel, and restore approximately 743 linear feet of stream channel.  The purpose of the mitigation bank expansion is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to stream channels in the Roanoke Drainage basin.  The goal of the mitigation bank is to provide additional acreage adjacent to an existing bank that will allow for increased protection of headwater systems and improve water quality within the authorized service area. 

The sponsor has proposed, for purposes of Section 404 of the Clean Water Act, that the geographic service area of this mitigation bank would include the USGS Hydrologic Unit Codes 03010103, 03010103, 03010104, and 03010105. This proposed service area would include all or portions of the Cities of Bedford, Danville, and Martinsville, and all or portions of Bedford, Campbell, Floyd, Franklin, Halifax, Henry, Mecklenburg, Patrick, and Pittsylvania 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 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 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 stream 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 StatesThe 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) 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 (ATTN:  CENAO-REG), PO Box 3160, Lynchburg, Virginia 24503, and should be received by the close of business on Sept. 12, 2013.  Copies will be forwarded to the DEQ and the IRT.       

If you have any questions about this project, please contact: Jeanne C. Richardson at 434.384.0182 or by email: