NAO-2018-01175 (RO-10 Big Otter River (King))

Published July 31, 2018
Expiration date: 8/31/2018

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

The Nature Conservancy
VAFO - Richmond
Attn: Kati Rubis
530 East Main Street, Suite 800
Richmond, Virginia 23219

WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed Mitigation Site (Site) is approximately 45 acres located on an approximately 408 acre parcel.  The Site is currently being used for hay production and has been mined for topsoil in the past. The Site is adjacent to the Big Otter River within the Roanoke River Basin in Campbell County, Virginia.  

PROPOSED WORK AND PURPOSE: The Sponsor proposes to establish, design, construct, and operate a compensatory wetland mitigation project to be known as the RO -10 Big Otter River (King) Site. The purpose of the wetland mitigation project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands and other waters of the United States in the Roanoke River Basin. 

The Sponsor plans to restore 7.91 acres of wetlands, create 3.43 acres of wetlands, enhance 2.77 acres of wetlands, and preserve 2.94 acres of wetlands.  Additionally, the Sponsor proposes to restore 6.16 acres of upland buffer (100 foot wetland buffers) and preserve 16.18 acres of upland buffer. These activities are proposed to generate approximately 13.41 non-tidal wetland credits.  

The Sponsor proposed, for purposes of Section 404 of the Clean Water Act the Geographic Service Area (GSA) for the Site is the Upper Roanoke Watershed as defined by Hydrologic Unit Code (HUC) 03010101, and adjacent HUCS of 03010102, 03010103, and 03010105.  

Oversight of this mitigation project 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. 

The actual approval of the use of this 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 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 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 species listed 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) 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. 

COMMENT PERIOD: Comments on this mitigation project should be made in writing, addressed to the Norfolk District, Corps of Engineers-(ATTN:  Charlottesville Field Office), Mr. Vinny Pero, at the address below, and should be received by the close of business on August 31, 2018. The Prospectus and Drawings can be viewed at

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

Mr. Vinny Pero
920 Gardens Blvd., Suite103-B
Charlottesville, Virginia 22901