CENAO-WRR, NAO-1995-08595 (Weyers Cave, Virginia)

U.S. Army Corps of Engineers Norfolk District
Published Sept. 6, 2022
Expiration date: 10/6/2022


The District Engineer received a proposal to establish a non-tidal wetland and stream compensatory mitigation site for federal and state permits as described below:

Ms. Karen Johnson
The Nature Conservancy
Virginia Aquatic Resources Trust Fund
530 East Main Street
Richmond, VA 23219

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed compensatory mitigation site is located on 21-acres in Weyers Cave, Virginia.   


PROPOSED WORK AND PURPOSE:  The Sponsor proposes to construct a 21-acre compensatory mitigation site to be known as the SH-7 Barlow Site (Project). The purpose of the Project is to restore non-tidal wetlands and stream channels, remove livestock, and restore upland buffers to provide off-site compensatory mitigation for projects that result in unavoidable impacts in the Shenandoah River Drainage Basin.  

The Sponsor proposes to restore approximately 5.71 acres of non-tidal wetland, restore 4, 360 linear feet of stream channel and restore approximately 15 acres of upland buffer. All restoration activities will occur within the existing stream channels and the floodplain of those stream channels. Livestock will be excluded from access to the compensatory mitigation site. The Project will generate 7.20 non-tidal wetland credits and 6, 042 stream credits.

The Sponsor proposed, for purposes of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, that the primary geographic service area of this compensatory mitigation site would include the National Watershed Boundary Dataset Hydrologic Unit Codes 02070005, 02070001, 02070006, and 02070007 and that the secondary geographic service area that would include 02070004.

Oversight of this compensatory 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 (USACE) and the Virginia Department of Environmental Quality (DEQ) Chair the IRT.  

This compensatory 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 compensatory mitigation site for a specific project is the decision of USACE pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act and/or by the DEQ pursuant to Section 401 of the Clean Water Act and Title 62.1 of the Code of Virginia. USACE and DEQ provide no guarantee that any  individual or general permit will be granted authorization to use this compensatory mitigation site to compensate for unavoidable wetland impacts associated with a proposed permit. Authorization by the Virginia Marine Resources Commission (VMRC) 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:  USACE 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 compensatory mitigation site.  This is not an application for work in Waters of the United States. The USACE, 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) would 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:  Jeanne Richardson), 803 Front Street, Norfolk, Virginia 23510-1096, and should be received by the close of business on October 6, 2022.  The Prospectus and Drawings can be viewed at https://ribits.ops.usace.army.mil/ords/f?p=107:622::::::

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

Jeanne C. Richardson