Published March 7, 2019
Expiration date: 4/7/2019

March 5, 2019

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

Foggy Bottom Wetlands LLC
Attn:  Mr. Joe Ivers
6799-A Kennedy Road
Warrenton, VA 20187

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed mitigation bank is located on an approximately 32.8-acre portion of a 140-acre farm along Catlett Road (Route 28), southwest of its intersection with Old Nokesville Road (Route 843) in Fauquier County, Virginia.  The work will occur in the headwaters of Cedar Run.

PROPOSED WORK AND PURPOSE: The sponsor proposes to establish, design, construct, and operate a compensatory stream mitigation bank to be known as Miller Stream Bank Phase II. The purpose of the mitigation project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands and streams and other waters of the United States in the Potomac River Drainage Basin.

The Sponsor plans to enhance, restore and/or preserve 6,718 linear feet of stream channel and 29.53 acres of wetlands and associated riparian and upland buffers.

The sponsor proposes, for purposes of Section 404 of the Clean Water Act, that the geographic service area of this mitigation bank would include the portions of National Watershed Boundary Dataset Hydrologic Unit Codes 02070008, 02070010 and 02070011. This proposed service area would include all or portions of the Cities of Manassas, Manassas Park, Fairfax and Falls Church, and all or portions of the Counties of Loudoun, Fauquier, Prince William, Fairfax, Arlington, Stafford, King George, Westmoreland and Northumberland.

Oversight of this mitigation bank 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 bank 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 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).

FEDERAL EVALUATION OF APPLICATION: 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:  (l) no environmental impact statement would be required; (2) no species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; and (3) known properties eligible or potentially eligible for inclusion or included in the National Register of Historic Places are within the permit area, however, would not be adversely affected by the proposal. The permit area consists of the impact areas and adjacent uplands.  Additional information might change any of these findings.

PRIVACY AND CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers.  Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers.  Submissions should not include any information that the submitter seeks to preserve as confidential.

COMMENT PERIOD: Comments on this project should be made in writing, addressed to the U.S. Army Corps of Engineers-Norfolk District, Northern Virginia Field Office, 18139 Triangle Plaza, Suite 213, Dumfries, VA 22026, and should be received by the close of business on April 7, 2019.  The Prospectus and Drawings can be viewed at

If you have any questions about this mitigation bank, please contact Mr. Ron Stouffer at 703-221-6967 or


Tucker Smith
Chief, Northern Virginia
Regulatory Section