​NAO 2019-01420

Published Sept. 11, 2019
Expiration date: 10/11/2019

September 11, 2019
NAO 2019-01420

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

Highland Conservation Group, LLC
Mr. Preston Breeding
140 Hilltop Avenue
Lebanon, Virginia 24266

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed mitigation site is approximately 63 acres is currently being used for a mixture of pasture, hay production, and unmanaged forest located within the property limits.  The site is located within the North Fork Holston River watershed in Scott County, Virginia.

PROPOSED WORK AND PURPOSE:  The sponsor proposes to establish, design, construct, and operate a compensatory wetland and stream mitigation site to be known as the Possum Creek Mitigation Bank. 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.

The Sponsor plans to restore 1050 linear feet of stream and buffer areas, 1330 linear feet of stream and buffer enhancement, and preserve 1360 linear feet of stream and riparian buffers.  All cattle will be excluded from the bank limits.  These restoration, enhancement and preservation activities are proposed to generate approximately 3200 stream credits which were estimated using the Virginia Unified Stream Methodology (USM).

The sponsor plans to restore approximately 2.4 acres of emergent wetland adjacent to the streams resulting in a total of 3.37 acres of wetlands on site.  

The sponsor proposes, for purposes of Section 404 of the Clean Water Act the Geographic Service Area (GSA) for the Bank is the North Fork Holston River watershed.  Watershed as defined by Hydrologic Unit Code (HUC) 06010101.  Adjacent HUC’s include the South Fork Holston River HUC 06010102 and the Upper Clinch River HUC 06010205.  

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. 

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 StatesThe 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 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 October 11, 2019. The Prospectus and Drawings can be viewed at https://ribits.usace.army.mil/.

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


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