NAO-2018-01069 (Mill Run Mitigation Bank Phase II, Fauquier County, Virginia)

Published Dec. 5, 2023
Expiration date: 1/4/2024

December 5, 2023
NAO-2018-01069 (Mill Run Mitigation Bank, Phase II)

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

Mill Run Mitigation LLC
Attn: David Jordan
18267 Channel Ridge Court
Leesburg, VA 20176

The proposed compensatory mitigation site (Site) is located east of Green Meadows Road and south of Beach Road in Fauquier County, Virginia. The site is approximately 18 acres and currently consists of streams, cattle pastures, and wetlands. The Site is located within the Potomac River Basin. The site is adjacent to the existing Mill Run Mitigation Bank.

Latitude and Longitude:  38.65082 N, -77.78233 W

The Sponsor proposes to design, construct, establish, and operate Phase II of the existing Mill Run Mitigation Bank (Bank). The Sponsor proposes to add 18 acres of land and stream and wetland compensatory mitigation activities to the existing, approved, and constructed Bank. The purpose of the Bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to waters of the U.S. including wetlands and streams.

The Sponsor proposes the following credit breakdown:

Wetland Credits
0.29 wetland credits to be derived from wetland enhancement;

Stream Credits
2816 stream credits to be derived from stream enhancement (3986 linear feet), buffer re-establishment (17.89 acres), and through cattle exclusion.

The Bank is located within Hydrologic Unit Code (HUC) 02070010. The Bank’s primary service area will include portions of HUCs 02070010, 02070008, and 02070011 within Virginia. The Bank may qualify for a secondary service area based on a review of the Code of Virginia.

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 the Bank for a specific project is the decision of USACE pursuant to Section 404 of the Clean Water Act and/or by DEQ and the Virginia Marine Resource Commission (VMRC) pursuant to Section 401 of the Clean Water Act and Title 28.2 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 Bank to compensate for unavoidable wetland or stream impacts associated with a proposed permit.

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).

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 Bank.  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 will be no effect to species listed under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table are located at Public Notices (; and (3) there are 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.

Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: Richmond Field Office), Dr. Herman W. Hudson III, at the address below, or via email at and should be received by the close of business on January 4, 2024. The Prospectus and Drawings can be viewed at: Public Notices (

If you have any questions about this Bank, please contact:
Herman W. Hudson III, PhD
9100 Arboretum Pkwy, Suite 235
Richmond, Virginia 23236