Published Feb. 5, 2014
Expiration date: 3/9/2014

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

John Shepherd
3949 Hungarytown Rd.
Blackstone, Va. 23824

The proposed mitigation site is located on approximately 133 acres of a 308 acre property that is currently zoned for agricultural/rural residential use and is actively grazed by cattle. The site is located in the watershed of Lee’s Creek a tributary to the James River in Nottoway County, Va.

The sponsor proposes to establish, design, construct, and operate a compensatory stream mitigation site to be known as Windrow Farm Stream Mitigation Bank.   The purpose of the mitigation project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to streams in the Middle James River Drainage Basin. 

The Sponsor proposes to preserve 11,283 linear feet of stream channel and approximately 70 acres of riparian buffer, to undertake stream enhancement activities on 4,665 linear feet of stream channel, to undertake stream restoration activities on 2,313 linear feet of stream channel, and to restore riparian buffers on approximately 63 acres.

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 site would include the National Watershed Boundary Dataset Hydrologic Unit Codes 02080203, 02080205, 02080206, and 02080207. This proposed service area would include all or portions of the Cities of Colonial Heights, Hopewell, Lynchburg, Petersburg, and, Richmond, and Albemarle, Amelia, Amherst, Appomattox, Buckingham, Campbell, Chesterfield, Cumberland, Dinwiddie, Fluvanna, Goochland, Hanover, Henrico, Nelson, Nottoway, Powhatan, Prince Edward, and Prince George Counties.  The Geographic Service Area map is included in the Prospectus.

Oversight of this mitigation site 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 site may be one of a number of practicable options available to applicants to compensate for unavoidable 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 site 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 site to compensate for unavoidable impacts associated with a proposed permit. Authorization by the Virginia Marine Resources Commission may also be required for its use for specific projects.

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).

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 site. 

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) after conducting the NAO ESA Project Review Process, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended) will be affected.  Based on this no effect determination, no further coordination with the Fish and Wildlife Service is required, and

(3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal. Additional information might change any of these findings.

Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 803 Front Street, Norfolk, Va. 23510-1096, and should be received by the close of business March 9, 2014.

If you have any questions about this mitigation site, please contact:

Jeanne C. Richardson, 434.384.0182, or by email at