Published Oct. 7, 2013
Expiration date: 11/7/2013

October 4, 2013

The District Engineer has received a prospectus to establish a stream compensatory mitigation bank for Federal and State permits as described below:

Mitigation Services, Inc.
5367 Telephone Road
Warrenton, Virginia  20187

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed Piedmont Farms Stream Mitigation Bank consists of two sites.  The Piedmont Farms-Eastview site is located on approximately 190 acres of farmland west of State Route 602, east of State Route 601 and south of Walton Fork in Buckingham County, Virginia.  The Piedmont Farms-Eastview site includes unnamed tributaries of Walton Fork and Ripley Creek, tributaries of the Slate River and James River.  The Piedmont Farms-Fulfillment site is located on approximately 1,720 acres of farmed and forested land along State Route 6 adjacent to the town of Esmont in Albemarle County, Virginia.  The Piedmont Farm-Fulfillment site includes unnamed tributaries of Ballinger Creek, Wolftrap Branch and Joe Creek, tributaries of the James River.

PROPOSED WORK AND PURPOSE:  The bank sponsor will develop both sites to be included in the Piedmont Farms Stream Mitigation Bank.  The proposed work includes stream restoration and enhancement as well as buffer restoration and preservation.  The bank sponsor proposes to establish, design, construct, and operate a compensatory stream mitigation bank to be known as Piedmont Farms Stream Mitigation Bank.  The purpose of the mitigation bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to streams in the Middle James River Drainage basin.  The goal of the bank is to restore self-sustaining, functional streams and preserve forested buffers to replace functions and values lost do to unavoidable adverse impacts to streams by development within the authorized service area. 

The Bank Sponsor plans to establish the Piedmont Farms-Eastview site on approximately 190 acres by preserving, enhancing and/or restoring 8,678 linear feet of stream channel along with cattle exclusion and buffer restoration.  The Bank Sponsor plans to establish the Piedmont Farms-Fulfillment site on approximately 1,702 acres by preserving buffers along 68,058 linear feet of stream channel. 

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 portions of USGS Hydrologic Unit Codes 02080203 and 02080204 located in the piedmont physiographic province, as well as the entirety of 02080205 and 02080207. This proposed service area would include portions of the Cities of Richmond, Lynchburg, Charlottesville, Colonial Heights, Hopewell and Petersburg, and Greene, Orange, Louisa, Albemarle, Fluvanna, Nelson, Buckingham, Amherst, Bedford, Campbell, Appomattox, Cumberland, Goochland, Powhatan, Chesterfield, Amelia, Prince Edward, Nottoway, Dinwiddie, Prince George, Hanover and Henrico 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 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:  (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 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), 9100 Arboretum Parkway, Suite 235, Richmond, 23236, and should be received by the close of business on November 7, 2013.  Copies will be forwarded to the DEQ.       

If you have any questions about this project or the permit process, please contact:
Ms. Julie S. Hamilton at (804) 323-3783
E mail: 



Lynette R. Rhodes
Chief, Southern Virginia
Regulatory Section
Attachment: Drawings