Published Nov. 9, 2022
Expiration date: 12/9/2022

November 9, 2022
NAO-2022-02442 (Kimball Farm Mitigation Bank)


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

Davey Mitigation
c/o Davey Resource Group
attn:  Ken Joehlin
5300 Wellington Branch Drive
Gainesville, Virginia 20155

Latitude and Longitude:  38.6411 N, -77.6347 W

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed 22-acre compensatory mitigation site (Site) is currently open farm field. The Site is located one (1) mile south of the Town of Catlett, along Elk Run Road, in Fauquier County, Virginia.  The Site is located within the Middle Potomac River watershed and is in the flood plain of Cedar Run and is adjacent to the Sponsors Cedar Run Phase Six (6) Wetland Mitigation Bank.

PROPOSED WORK AND PURPOSE:  The Sponsor proposes to design, construct, establish and operate a wetland compensatory mitigation site known as the Kimball Farm Mitigation Bank (Bank).  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.

The Sponsor proposes to construct Bank in one (1) Phase.  The Sponsor proposes the following wetland credit breakdown:

Wetland Credit Breakdown:

9.71 wetland credits would be derived from creation, enhancement, and preservation.

The Bank is located within Hydrologic Unit Code (HUC) 02070010. The Sponsor is proposing that the geographic service area (GSA) for the Bank shall include the Middle Potomac‐Catoctin Watershed (HUC 02070008) of Loudoun, Prince William and Fauquier Counties, and the Lower Potomac‐ Watershed (HUC 02070011) of Stafford County.  The Sponsor is proposing a secondary service area which would include the Blue Ridge and Coastal Plain physiographic provinces in the Potomac watershed (HUC 02070007).

Oversight of Bank 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. 

The actual approval of the use of Bank for a specific project is the decision of USACE 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.  USACE and DEQ provide no guarantee that any individual or general permit will be granted authorization to use the Kimball Farm Mitigation Bank to compensate for unavoidable wetland or stream impacts associated with a proposed permit.  Authorization by the Virginia Marine Resources Commission may also be required.

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 to consider and evaluate this proposed mitigation site.  This is not an application for work in waters of the United StatesUSACE is evaluating this proposal and 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 classification, 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 Norfolk District ESA Project Review Process, there likely will be no affect to species listed under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table located at Public Notices ( ; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in the Bank property however, the property is located in the Elk Run Historic District (DHR ID: 030-5588). 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:  Charlottesville Field Office), Mr. Vinny Pero, at the address below, and should be received by the close of business on December 9, 2022.  The Prospectus and Drawings can be viewed at

 Public Notices (

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

Mr. Vinny Pero
920 Gardens Blvd., Suite103-B    
Charlottesville, Virginia 22901