NAO-1995-08595 (Meadow Creek)

Norfolk District, U.S. Army Corps of Engineers
Published March 4, 2022
Expiration date: 4/4/2022

March 4, 2022

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

The Nature Conservancy
Virginia Aquatic Resources Trust Fund
Karen Johnson
Director of Wetland and Stream Mitigation
530 East Main Street
Suite 800
Richmond, VA 23219

WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed compensatory mitigation site (Site) is located on approximately 72 acres of land owned by the City of Charlottesville. The Site is located within the limits of the existing (approved) MJ-5-8 and 10-11 Rivanna Watershed (Meadow Creek) Project (Project), along Meadow Creek in the City of Charlottesville, Virginia. The latitude and longitude for the Site is 38.063, -78.488.

PROPOSED WORK AND PURPOSE: The Sponsor proposes to modify the existing Project by adding approximately 5.15 acres of nontidal wetland preservation and 7.84 acres of nontidal wetland restoration. The purpose of the Project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to nontidal wetlands and streams and other waters of the United States in the James River Drainage Basin.

The Sponsor is requesting 8.77 nontidal wetland credits for nontidal wetlands that were preserved and/or restored due to successful stream restoration work. Stream restoration increased groundwater levels and reconnected the streams with their floodplains. As a result, the nontidal wetlands are receiving regular hydrologic input.

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 (GSA) for this Project will include a primary GSA (HUCs 02080203 (partial), 02080204, and 02080205) and a secondary GSA (02080203 (partial), 02080206, 02080207, and 02080208).

Oversight of this Project 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 Project may be one of a number of practicable options available to applicants to compensate for unavoidable wetland impacts. 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 Section 10 of the Rivers and Harbors 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 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. This is not an application for work in streams or wetlands. 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) no work in streams or wetlands is being proposed, 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 US 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: Jeanne Richardson), Lynchburg Field Office, PO Box 3100, Lynchburg, Virginia 24503, and should be received by the close of business on April 4, 2022. The Prospectus and Drawings can be viewed at:,278:P278_BANK_ID:2408#

If you have any questions about this Project, please contact Jeanne Richardson by email at or by telephone at 434-384-0182.