Published Aug. 28, 2020
Expiration date: 9/28/2020

Aug. 28, 2020

The district engineer received a prospectus to establish a wetland and stream compensatory-mitigation site for federal and state permits as described below:

Swamp Works LLC
Mr. Dan Jacobs
3090 McNeal Road
Woodbine, MD 21797

WATERWAY AND LOCATION OF PROPOSED WORK: The proposed mitigation site is located on 245.58 acres of undeveloped forested wetland and upland vegetation communities surrounded by land used for rural residential properties and agriculture. The site is on parcels 37-143, 37-144 and 46-15 adjacent to the northeast corner of the Erica Road and Cople Highway intersection within the Lower Machodoc Creek-Potomac River watershed in Westmoreland 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 MACHODOC MITIGATION BANK. The mitigation project’s purpose is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands, streams and other waters of the United States.

The sponsor plans to restore 2,982 linear feet of stream and 39.27 acres of wetlands; enhance 3.44 acres of wetlands; and preserve 4,167 linear feet of stream, 61.73 acres of wetlands and 44.08 acres of upland forested buffer.

The sponsor proposes, for purposes of Section 404 of the Clean Water Act, that the geographic service area of this mitigation site would include portions of the National Watershed Boundary Dataset Hydrologic Unit Codes 02070011 and 02070010. This proposed service area would include portions of the following cities, counties and towns: Clifton, Occoquan, The Plains, Warrenton, Haymarket, Vienna, Fairfax, Alexandria, Stafford County, Loudoun County, Fairfax County, Manassas Park, Arlington County, Fauquier County, Manassas, Prince William County, Falls Church, Richmond County, King George County, Westmoreland County, Northumberland County, Quantico, Colonial Beach and Dumfries.

An existing group of federal and state agency representatives known as the Interagency Review Team would conduct oversight of this mitigation site. Norfolk District, U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality chair the IRT.

This mitigation site may be among a number of practicable options available to applicants to compensate for unavoidable wetland impacts associated with permits issued under authority of Section 404 and 401 of the Clean Water Act (Public Law 95-217) in Virginia.

Actual approval of the use of this mitigation site for a specific project would result from a decision of the Army Corps decision pursuant to Section 404 of the Clean Water Act and/or 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 Department of Environmental Quality provide no guarantee 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. Virginia Marine Resources Commission authorization may also be required for specific project use.

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 April 10, 2008, in the 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 States. In evaluating this proposal, the Corps of Engineers will consider any comments received. Comments are used to assess impacts on endangered species, historic properties; water quality, supply and conservation; economics, aesthetics, the general environment, wetlands; fish, wildlife and flood-plain values; flood hazards, land use, navigation, shoreline erosion and accretion, recreation, energy and mineral needs, safety, food and fiber production, and property ownership.

Preliminary review indicates: (1) no Environmental Impact Statement would be required; (2) after conducting Norfolk District’s 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; (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: Norfolk District, Corps of Engineers (ATTN: Ms. Nancy Davis, CENAO-WRR), 803 Front St., Norfolk, Virginia  23510-1096. They should be received by close of business Sept. 28. The Prospectus and Drawings can be viewed at  

If you have questions about this mitigation site, contact Nancy Davis at or 757-201-7044.