Disclaimer

The below listed documents may not be readable via Optical Character Recognition. To receive public notices via email for the Huntington District Regulatory Division please send an email to LRH.Permits@usace.army.mil indicating that you would like to be placed on the public notice electronic distribution list. Your email should include which state(s) Ohio and/or West Virginia in which you would like to receive public notices.

LRH 2022-00145-GAU

CELRH-RDE
Published Feb. 22, 2022
Expiration date: 3/24/2022

TO WHOM IT MAY CONCERN: The district engineer has received a prospectus to establish a mitigation bank to provide compensatory mitigation for Federal and State permits as described in this Public Notice. This Public Notice 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 332). The purpose of this Public Notice is to inform you of the proposed mitigation bank and to solicit your comments and information to better enable us to make a reasonable decision on factors affecting the public interest.

INTERAGENCY REVIEW TEAM: As indicated in the United States (U.S.) Army Corps of Engineers (Corps) regulations (33 CFR 332.8[b]), the District Engineer has established an Interagency Review Team (IRT) to review documentation for the establishment and management of mitigation banks and in-lieu fee programs.  The primary role of the IRT is to facilitate the establishment of mitigation banks and/or in-lieu fee programs through the development of mitigation banking or in-lieu fee program instruments.  The Corps Huntington District (Regulatory Division) is the lead district for the state of West Virginia (WV) and chairs (or leads) the WV IRT.  The WV IRT consists of the following federal and state resource agencies: Corps Huntington and Pittsburgh Districts, U.S. Environmental Protection Agency (USEPA), WV Department of Environmental Protection (WVDEP), and WV Division of Natural Resources (WVDNR).

Mitigation banks are defined as a site, or suite of sites, where resources (e.g. wetlands, streams, riparian areas) are restored, established, enhanced and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by Department of the Army permits pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act.  In general, units of restored, established, enhanced, or preserved streams (or wetlands) are expressed as “credits” which may be subsequently withdrawn to offset “debits” incurred at a project development site.  The Corps is responsible for authorizing the use of a particular mitigation bank on a project-specific basis and determining the number and availability of credits required to compensate for proposed impacts. 

 

MITIGATION BANK SPONSOR:             Mr. Ryan Ward

AllStar Ecology, LLC

1582 Meadowdale Road

Fairmont, WV 26554

 

LOCATION: The proposed project site is located approximately 1.8 miles northwest of Meadow Bluff, in Greenbrier County, WV (latitude 37.919697, longitude -80.673138). The proposed site includes wetlands and unnamed tributaries of Meadow River, the adjacent floodplain and riparian corridors. The unnamed tributaries are indirect tributaries to the Gauley River, a navigable water of the U.S.

DESCRIPTION OF PROPOSED ACTIVITY: The sponsor, received approval for their Umbrella Mitigation Banking Instrument (UMBI) on January 31, 2017 (LRH-2013-01068-OHR). As defined in 33 CFR 332.8, a UMBI is a single mitigation banking instrument which includes provisions regarding the authorization of subsequent or additional mitigation bank sites.

Allstar Ecology, LLC has submitted a Prospectus to the Huntington District Corps proposing the development and operation of a stream and wetland mitigation bank. The submitted prospectus proposes a single project, which involves the establishment, design, construction, and operation of a compensatory stream and wetland mitigation bank to be known as the Meadow Bluff Mitigation Bank. The purpose of the mitigation bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts (including the discharges of dredged and/or fill material) to streams and wetlands within the specified service area. The proposed establishment of Meadow Bluff Mitigation Bank proposal is being evaluated as a modification to Allstar Ecology, LLC’s UMBI.

The primary service area would be the Gauley watershed as defined by 8-digit Hydrologic Unit Code (HUC-8): 05050005.  A secondary service area comprised of the adjacent watersheds is proposed which includes: Lower Kanawha (05050008), Upper Kanawha (05050006), Elk (05050007), Greenbrier (05050003), James (02080201), Upper New (05050002), Lower New (05050004), and Coal (05050009).

Many of the aquatic resources within this watershed have been degraded due to current and historic agricultural, silvicultural, development, and resource extraction activities. The proposed bank would involve the enhancement, restoration, establishment and preservation of both streams and wetlands as well as their associated riparian zone and buffer areas. The Meadow Bluff Mitigation Bank would implement bioengineering measures and natural design techniques to accomplish restoration of aquatic resources and conserve the overall aquatic ecosystem to provide ecological benefits, including improvements to water quality, fish and wildlife habitat, erosion control, and flood conveyance and storage within the watershed.

Development of the mitigation bank would target functional improvements to wildlife habitat, water quality, flood conveyance and storage, and erosion control through the implementation of natural channel design and the re-establishment of riparian buffers and the enhancement and re-establishment of wetland and associated buffers. The sponsor proposes to meet these goals through the restoration, enhancement, establishment and preservation of contributing perennial, intermittent and ephemeral streams and wetlands as summarized below:

Restoration: Restoration is proposed for 748 linear feet of stream channel. Restoration activities may include, but are not limited to, natural channel design, channel cross section and pattern alterations, bank stabilization and bioengineering techniques, grade control and in-stream structures, the reconnection of contributing streams to the main channel, the establishment of forested riparian buffers, and the removal of detrimental land use activities in appropriate riparian corridors. Restoration of the dimension, pattern and profile of stream reaches is proposed to improve the overall channel condition, stabilize channel banks, and re-establish hydraulic connectivity to flood prone areas. All restoration corridors would also be improved through the implementation of invasive species management and a native planting plan.

Enhancement: Enhancement is proposed for 3,923 linear feet of stream channel through the implementation of invasive species management, native planting plan, and general riparian zone and habitat improvements.

Establishment: Establishment is proposed for 3,195 linear feet and may include, but are not limited to, natural channel design techniques, channel cross section and pattern establishment, bank stabilization and bioengineering techniques, grade control and in-stream structures, the connection of contributing streams to the main channel, improvements to stream sinuosity as well as the establishment of forested riparian buffers.

Preservation: Preservation is proposed for 1,066 linear feet of existing stream along with buffers to aid in the preclusion of incompatible land uses and protection of high quality resources.

The sponsor proposes to meet the mitigation bank’s goals through re-establishment, enhancement, and preservation of adjacent wetlands as summarized below.

Restoration: Restoration is proposed for approximately 9 acres of wetlands though the application of bioengineering principles, topographic modification, re-establishment of contributing hydrology, invasive species management supplemental planting, and the re-establishment of buffers areas.

Enhancement: Enhancement is proposed for approximately 63 acre of existing wetlands through the application bioengineering principles, invasive species management, supplemental planting, and additional buffer protection.

Figure 1 of 4 shows the location of the proposed mitigation bank site, Figure 2 of 4 shows the proposed service area for the proposed mitigation bank site, Figure 3 of 4 shows the existing conditions at the proposed mitigation bank site, and Figure 4 of 4 shows the proposed resource development of proposed mitigation bank site.

In accordance with the Mitigation Rule, performance standards and success criteria, established by the application of conditional assessments and/or suitable metrics, would be outlined and implemented as requirements of any Department of the Army authorization. Preliminary design plans of the proposed establishment, restoration and enhancement work are attached to this notice. The full Prospectus is available for review upon request.

WATER QUALITY CERTIFICATION:  A general Section 401 Water Quality Certification from the West Virginia Department of Environmental Protection Agency has been issued for activities qualifying under the Corps’ Nationwide Permit No. 27. 

HISTORIC AND CULTURAL RESOURCES: This undertaking must be reviewed to determine any potential effect to properties that may be eligible for or listed on the National Register of Historic Places (NRHP), in accordance with Section 106 of the National Historic Preservation Act. The NRHP has been consulted, and it has been determined there are no historic properties currently listed on the NRHP within the area to be affected by the proposed project. The Corps 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 the potential effects on historic properties.  If you wish to provide comments or objections regarding the effect of the proposed project on historic properties, please provide this information to our office prior to the close of the comment period.

This Public Notice represents coordination with the WV State Historic Preservation Office (SHPO), pursuant to Section 106 of the National Historic Preservation Act of 1966. A copy of this Public Notice will be furnished to the WV SHPO for their review.  Comments concerning archaeological sensitivity of the project area should be based on collected data.

THREATENED AND ENDANGERED SPECIES: This Public Notice represents coordination with the USFWS concerning threatened (T) or endangered (E) species, pursuant to Section 7 of the Endangered Species Act of 1972 (as amended).  Four (4) federally protected species may occur within the proposed project area: Indiana bat (Myotis sodalis) (E); Northern long-eared bat (Myotis septentrionalis) (T); Virginia spiraea (Spiraea virginiana) (T) and Small whorled pogonia (Isotria medeoloides) (T).

The proposed project would involve stream and wetland restoration and re-establishment as well as riparian activities that are expected to result in both stream corridor and riparian improvements. The Corps has consulted the most recently available information and there is no critical habitat within the project area. Based on the nature of the proposed project, this office has determined the proposed project may affect, but would not likely adversely affect any federally-listed species as the proposed work is anticipated to result in ecological improvements.

This Public Notice serves as a request to the United States Fish and Wildlife Service (USFWS) for any additional information they may have on whether any listed or proposed to be listed endangered or threatened species may be present in the area which would be affected by the activity, pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended).

PUBLIC INTEREST REVIEW AND COMMENT: This proposal will be reviewed in accordance with 33 CFR 320-332, the Regulatory Program of the Corps, and other pertinent laws, regulations, and executive orders. Our evaluation will also follow the guidelines published by the USEPA pursuant to Section 404(b)(1) of the Clean Water Act (40 CFR part 230). Interested parties are invited to state any objections they may have to the proposed work.  The proposed project is under evaluation for compliance with the terms and conditions of Nationwide Permit No. 27 for Aquatic Habitat Restoration, Establishment, and Enhancement Activities.  If determined necessary, an individual DA permit pursuant to the procedures outlined at 33 CFR 325.2 would be required.  For individual DA permits, the decision whether to approve the project will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activities on the public interest. That decision will reflect the national concern for both protection and utilization of important resources.  The benefit that reasonably may be expected to accrue from the proposals must be balanced against their reasonably foreseeable detriments.  All factors that may be relevant to the proposals will be considered including the cumulative effects thereof; of those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.  Written statements on these factors received in this office on or before the expiration date of this Public Notice will become a part of the administrative record and will be considered in the final determination. A permit will be granted unless its issuance is found to be contrary to the public interest.

SOLICITATION OF COMMENTS: The Corps 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 project.  For accuracy and completeness of the administrative record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding of the reasons for support or opposition.  Any person may request, in writing, within the comment period specified in the notice, that a public hearing be held to consider the proposed project. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.  Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Any comments received will be considered by the Corps to determine whether to approve, modify, condition or deny this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

CLOSE OF COMMENT PERIOD: Comments should be submitted electronically to Mr. Justin Elkins by email at justin.m.elkins@usace.army.mil.  If you do not have internet access, comments may be submitted through the U.S. Postal Service (USPS) to the following address:

U.S. Army Corps of Engineers

ATTN: CELRH-RD-E Public Notice No. LRH-2022-00145-GAU

502 Eighth Street

Huntington, WV 25701-2070

 

Copies should only be provided through the USPS when electronic transmission is not possible.  Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to process and receive hard copy submissions.  To be considered in our evaluation, comments submitted through the USPS should have a postmark dated on, or prior to, the close of the comment period listed on page one (1) of this Public Notice.

Please note the comments received in response to this Public Notice become part of our administrative record and, as such, may be available to the public under provisions of the Freedom of Information Act.  Thank you for your interest in our Nation's water resources.  If you have any questions concerning this Public Notice, please contact Mr. Justin Elkins at the above address, by telephone at (304) 399-5271, or by e-mail at Justin.M.Elkins@usace.army.mil.