NAO-2023-01694 (Wallace Creek Mitigation Bank, Hampton, Virginia)

Published July 25, 2023
Expiration date: 8/25/2023

July 25, 2023
NAO-2023-01694 (Chesapeake Bay)


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

1408 Roseneath Road, Suite B
Richmond, Virginia 23230

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed mitigation site is located on approximately 16 acres of predominantly upland field with some tidal wetlands. The site is located within the Lynnhaven-Poquoson/Chesapeake Bay watershed the City of Hampton, Virginia.

LATITUDE AND LONGITUDE: 37.08872/-76.288449

PROPOSED WORK AND PURPOSE:  The Sponsor proposed to establish, design, construct, and operate a tidal wetland compensatory mitigation site to be known as the Wallace Creek Tidal Wetland Mitigation Bank (Bank). The purpose of the mitigation project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to tidal wetlands in the Chesapeake Bay watershed.   

The Sponsor proposed to generate 6.07 tidal wetland credits upon completion of the establishment and preservation of approximately 7.30 acres of tidal wetlands and associated buffers. 

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 02808101, 02080102, 02080108, 0208011, and 02080111.

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 a number of practicable options available to applicants to compensate for unavoidable wetland impacts associated with permits issued under the authority of Section 10 of the Rivers and Harbors Act, 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 particular individual or general permit 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 in order 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 would be required; (2) after conducting the NAO ESA Project Review Process, there may be an affect to listed/proposed species under the Endangered Species Act of 1973; 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.

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). Wallace Creek and Back River contain Essential Fish Habitat (EFH).   Our initial assessment of the project leads us to a preliminary determination that it may not have a substantial adverse effect on EFH and therefore expanded EFH consultation may not be required.

COMMENT PERIOD:  Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers- (ATTN:  CENAO-WRR), 920 Gardens Boulevard, Suite 103-B, Charlottesville, VA 22901or via email to and should be received by the close of business on August 25, 2023 The Prospectus and Drawings can be viewed at Public Notices (

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

Mr. Vinny Pero
920 Gardens Boulevard, Suite 103-B
Charlottesville, Virginia 22901