NAO-2019-01172 (Howe Farm Mitigation Bank, Hampton, Virginia)

Published May 30, 2023
Expiration date: 6/30/2023

May 30, 2023
NAO-2019-01172 (Howe Farm Mitigation Bank)


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

Back River at Howe Farms, LLC
Attn:  Thomas L. Stokes
2310 Tower Place, Suite 107
Hampton, Virginia 23666

Latitude and Longitude:  37.0802 N, -76.3254 W

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed compensatory mitigation bank (Bank) is located in the Back River watershed. The consists of three (3) sites.  The first site is located on a 68-acre parcel of farmland off Howe Road, Hampton, Virginia.  The second site (Preservation only) is located on a 66.14 acre parcel off of York Point Road, York County, Virginia.  The third site (Preservation only) is a 4.74-acre parcel located off of Brittain Lane, Hampton Virginia.  The Sites are located within the Lynnhaven-Poquoson HUC 02080108. 

PROPOSED WORK AND PURPOSE:  The Sponsor proposes to design, construct, establish and operate a wetland compensatory mitigation site known as the Howe 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 waters of the United States.

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

Tidal Wetland Credit Breakdown:

4 acres of tidal wetland establishment, 1.44 acres of upland buffer enhancement, 17.1 acres of upland buffer preservation, and 40 acres of tidal wetland preservation. 

The Bank is located within Hydrologic Unit Code (HUC) 02080108. The Sponsor is proposing that the geographic service area (GSA) for the Bank shall include the entire Lynnhaven-Poquoson HUC 02080108 and the entire York HUC 02080107. 

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 Howe 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.  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 June 30, 2023.  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