The district engineer received a prospectus to modify an existing stream compensatory mitigation site for federal and state permits as described below:
BANK SPONSOR
Mr. Kelby Morgan
Varina Mitigation, LLC
1851 Bennington Road
Rockville, Virginia 23146
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed mitigation site is located on approximately 450 acres of forested land. The site is located on unnamed tributaries of Sunken Meadow Creek a tributary to the James River in Surry County, Virginia.
PROPOSED WORK AND PURPOSE: The sponsor proposes to establish, design, construct, and operate a compensatory stream bank site to be known as Sunken Meadow. The Sunken Meadow site will fall under the Varina Stream Bank already approved by the IRT. The purpose of the mitigation project 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 James River Drainage Basin.
The Sponsor plans to preserve a total of 36,870 linear feet of stream channel including 255 linear feet of stream channel enhancement, 105 linear feet of stream channel restoration, watershed preservation and preservation of confirmed threatened and endangered species habitat.
The sponsor proposed, for purposes of 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 2080205, 2080206, 2080207, 2080208 within the State of Virginia. This proposed service area would include portions of the Cities of Williamsburg, Newport News, Richmond, as well as Isle of White, York, Surry, James City, Prince George, Charles City, New Kent, Chesterfield, Henrico, and Hanover Counties.
Oversight of this mitigation site would be by an existing group of federal and state agency representatives. This interagency oversight group is known as the Interagency Review Team (IRT). The Norfolk District of the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality chair the IRT.
This mitigation site 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 site 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 site to compensate for unavoidable wetland impacts associated with a proposed permit. 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 sites 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 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 would be required; (2) after conducting the NAO ESA Project Review Process, there may be an affect to listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table is attached for review and comment by Fish and Wildlife Service; and (3) the following properties which may be 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: 44SY0094. Additional information might change any of these findings.
COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers- (ATTN: CENAO-WRR), 9100 Arboretum Parkway, Suite 235, Richmond, Virginia, 23236, and should be received by the close of business on May 5, 2016. The Prospectus and Drawings can be viewed at https://ribits.usace.army.mil/. If you have any questions about this mitigation site, please contact:
Ms. Julie S. Hamilton, 804-323-3783 or julie.s.hamilton@usace.army.mil