Norfolk District, U.S. Army Corps of Engineers
Published Oct. 17, 2019
Expiration date: 11/17/2019

October 17, 2019

The District Engineer received a project proposal to establish a wetland compensatory mitigation site for federal and state permits as described below:
The Nature Conservancy
c/o Ms. Karen Johnson
530 East Main Street
Suite 800
Richmond, Virginia 23219

WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed compensatory mitigation site is located on an approximately 40 acre sand mine in the
Nottoway River basin which is within the Chowan River basin in Sussex County, Virginia.

PROPOSED WORK AND PURPOSE: The Sponsor proposes to establish, design, construct, and operate a wetland compensatory mitigation site to be known as CH-18 Nottoway River (Cowling Mine) (Site). The purpose of the compensatory 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 Chowan River Drainage basin.

The Sponsor plans to establish 18.36 acres of non-tidal wetlands, re-establish 7.60 acres of wooded upland buffer, and preserve 14.03 acres of uplands.

The Sponsor proposed, for purposes of Section 404 of the Clean Water Act, that the geographic service area of this Site would include the National Watershed Boundary Dataset Hydrologic Unit Codes 03010201, 03010202, 03010203, and 03010204.

Oversight of this 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 the IRT.

This 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 Site for a specific project is the decision of the Corps pursuant to Section 404 of the Clean Water 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 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 compensatory 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 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 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 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 these findings.

COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers- (ATTN: CENAO-WRR), PO Box 3160, Lynchburg, Virginia 24503 or via email at and should be received by the close of business on November 17, 2019. The Project Proposal can be viewed at,278:P278_BANK_ID:5439.

If you have any questions about this Site, please contact:
Jeanne C. Richardson
(434) 384-0182