FEDERAL PUBLIC NOTICE
The District Engineer received a prospectus to modify a stream compensatory
mitigation site for federal and state permits as described below:
Northern Virginia Stream Restoration L.C.
c/o Wetland Studies and Solutions, Inc.
5300 Wellington Branch Drive, Suite 100
Gainesville, Virginia 20155
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed
compensatory mitigation site is located on approximately 233 acres of private land. The
project is located within the limits of the existing Northern Virginia Stream Restoration
Mitigation Bank (Bank), along the Glade Branch stream reach and the Snakeden
Branch stream reach in Fairfax County, Virginia.
PROPOSED WORK AND PURPOSE: The Sponsor proposes to modify the existing
Bank by adding 19.9 acres of nontidal wetland. The purpose of the compensatory
mitigation project is to provide off-site compensatory mitigation for projects that result in
unavoidable impacts to nontidal wetlands and streams and other waters of the United
States in the Potomac River Drainage Basin.
The Sponsor is requesting nontidal wetland credits for 19.9 acres of nontidal wetlands
that were restored due to successful stream restoration work. Stream restoration
increased groundwater levels and reconnected the streams with their floodplains. As a
result, the nontidal wetlands are receiving regular hydrologic input.
The sponsor 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 (GSA) for this
Bank will be consistent with the GSA that was approved in the executed Mitigation
Banking Instrument dated February 28, 2006 and modified January 2, 2021.
Oversight of this compensatory 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 (Corps) and the Virginia Department of Environmental Quality (DEQ) chair
This compensatory 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 compensatory 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 DEQ pursuant to Section 401 of the
Clean Water Act and Title 62.1 of the Code of Virginia. The Corps and DEQ provide no
guarantee that any particular individual or general permit will be granted authorization to
use this compensatory mitigation site 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. 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, 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, 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 US
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
COMMENT PERIOD: Comments on this project should be made in writing, addressed
to the Norfolk District, Corps of Engineers- (ATTN: Anna Lawston), The Amissville Field
Office, PO Box 489, Amissville, Virginia 20106, and should be received by the close of
business on Friday, November 5, 2021. The Prospectus and Drawings can be viewed at
If you have any questions about this mitigation site, please contact: Ms. Anna Lawston
by email at firstname.lastname@example.org or by telephone at 540-764-4459.