NAO-2020-01368 (Mill Race Wetland Mitigation Bank)

Published Feb. 22, 2022
Expiration date: 3/23/2022

February 22, 2022

The District Engineer received a prospectus to establish a wetland compensatory mitigation site for federal and state permits as described below:

A RES Company
Attn: Ben Eubanks
5367 Telephone Road
Warrenton, Virginia 20187

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed mitigation site is located on approximately 65 acres of active agricultural land. The site is located along Cedar Run, a tributary to the Occoquan in Fauquier County, Virginia (38.634531, -77.637636). 

PROPOSED WORK AND PURPOSE:  The sponsor proposes to establish, design, construct, and operate a compensatory wetland mitigation site to be known as the Mill Race Wetland 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 other waters of the United States in the Potomac River Drainage Basin.  

The Sponsor plans to enhance, preserve and restore approximately 30 acres of wetlands. The Sponsor is also proposing the restoration and preservation of approximately 30 acres of upland buffer. The credits will be generated using a combination of three methods to include: converting cropland and pasture to wetlands and wetland buffers, enhancing and preserving the existing wetlands on-site, and preserving existing upland. 

The sponsor proposed, for purposes of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, that the geographic service area of this mitigation site would include the National Watershed Boundary Dataset Hydrologic Unit Codes 02070008, 02070010 and 02070011. This proposed service area would include all or portions of the cities/counties of Loudoun County, Fauquier County, Prince William County, Fairfax County, City of Manassas, City of Alexandria, City of Falls Church, City of Arlington, and the City of Fairfax.   

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.  

This mitigation site may be one of several 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 Section 10 of the Rivers and Harbors 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 individual or general permits 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 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, 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 will be required; (2) after conducting the NAO ESA Project Review Process, a determination of no effect on the Dwarf wedgemussel has been made in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884). The project may affect the Northern long-eared bat, a listed species protected by the Endangered Species Act of 1973; however, the project is applying and relying upon the Final 4d verification and (3) coordination with the appropriate agencies will be completed to determine if the proposed work project may/may not effect properties listed on the National Register of Historic Places.  Additional information might change any of these preliminary findings. Additional information might change any of these findings.

The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The proposed project is not located in EFH and is not likely to affect EFH.  

COMMENT PERIOD:  Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers- The Amissville Field Office (ATTN:  Anna Lawston), PO Box 489 or and should be received by the close of business on March 23, 2022.  The Prospectus and Drawings can be viewed at:,AI_ID:inline,101083

If you have any questions about this mitigation site, please contact: Anna Lawston at 540-764-4459 or