NAO-2025-02885 (UJ-5 Potts Creek Adrian LLC, Alleghany County, Virginia)

TO WHOM IT MAY CONCERN: The Norfolk District, U.S. Army Corps of Engineers (Corps) received a complete prospectus on December 19, 2025, from The Nature Conservancy, proposing the establishment of a mitigation site known as UJ-5 Potts Creek (Adrian LLC) to offset non-tidal wetlands and stream impacts authorized as part of future federal and state permits. The purpose of this notice is to solicit comments and recommendations from the public, federal, state, and local agencies and officials, Indian tribes, and other interested parties concerning the work as described below.

SPONSOR:   
The Nature Conservancy
c/o Ms. Karen Johnson
530 East Main Street
Suite 800
Richmond, Virginia 23219

AGENT:  N/A

WATERWAY AND LOCATION: The proposed compensatory mitigation site is located on Potts Creek Road near Covington, Virginia in Alleghany County at 37.622086, -80.192756. The project contains an unnamed tributary, a secondary channel of Potts Creek and the main Potts Creek channel, which flows to the Jackson River and ultimately the James River. The mitigation site limits are 62 acres.

PROPOSED WORK and PURPOSE: The Sponsor is proposing to restore hydrology by regrading ditches, removing drainage tiles and excavating down to existing hydric soil indicators. Wetland restoration would also include removal of livestock access, restoration of native vegetation by eliminating invasive species and re-vegetation of the wetland areas with native woody species. The mitigation site consists of approximately 652 linear feet of an unnamed tributary to the Jackson River, 868 linear feet of a secondary channel of Potts Creek, 2263 linear feet along the right bank of Potts Creek, and 24.5 acres of agricultural land use. The sponsor proposes restoration of 24.5 acres of wetlands and to restore the existing pasture in the stream and wetland buffer area to a native forested buffer, providing up to 200-foot-wide buffers on all streams and wetlands. The Sponsor proposes to generate a total of 27.39 non-tidal wetland credits and 1,210 stream credits upon completion of the activities approved under the mitigation work plan.

The purpose of the mitigation project is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands and streams in the James River watershed.

The proposed service area for the UJ-5 Potts Creek (Adrian LLC) site is comprised of the HUC in which the project is located, 02080201, and the adjacent HUCs 02080202 and 02080203 within the adjacent Blue Ridge physiographic province. The secondary service area would include HUC 02080203 within the Piedmont physiographic province.

Oversight of the Project 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 Corps and the Virginia Department of Environmental Quality (DEQ) chair the IRT. 

The Corps, the DEQ, and the VMRC provide no guarantee that any individual or general permit will be granted authorization to use the Project to compensate for unavoidable wetland and stream impacts associated with a permit verified, authorized, or issued by the Corps, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), and/or by the DEQ pursuant to Section 401 of the Clean Water Act and Title 62.1 of the Code of Virginia and/or the VMRC pursuant to Title 28.2 of the Code of Virginia.

A copy of the UJ-5 Potts Creek (Adrian LLC) Prospectus can be found on the Corps Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website Public Notices (army.mil)

https://ribits.ops.usace.army.mil/ords/f?p=107:622:1800163446844::NO

AUTHORITY: Issuance of public notices regarding proposed compensatory mitigation sites is required pursuant to Compensatory Mitigation for Losses of Aquatic Resources; Final Rule as published April 10, 2008, in the Federal Register, Vol. 73, No. 70, pages 19,594-19,705 (33 CFR 325 and 332 and 40 CFR 230). This is not an application for work in federally regulated waters; however, authorization under Section 404 of the Clean Water Act (CWA) may be required for implementation of the proposed work, if approved. No decision has been made as to whether this proposed mitigation bank will be approved.

FEDERAL EVALUATION OF APPLICATION: The Corps 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 Project. To make this decision, 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. If the Sponsor is advised and/or chooses to submit a draft mitigation development plan, the Corps will use the comments received on this public notice to inform an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.

CULTURAL RESOURCES: Pursuant to 36 CFR 800.2 (a)(2) the Corps is the lead Federal agency responsible for compliance with Section 106 of the National Historic Preservation Act for the proposed action. Any required consultation will be completed by the Corps.

The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

Historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places), are present within the Corps’ permit area; however, the resources will be avoided, and the undertaking will have no adverse effect on these historic properties. The Corps subsequently requests concurrence from the State Historic Preservation Office and/or Tribal Historic Preservation Office.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or Tribal Historic Preservation Office, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, and the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project will not affect any listed species or critical habitat.

ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 of the Endangered Species Act (ESA) any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

The USFWS Information and Planning and Consultation (IPaC) Official Species List and Species Conclusion Table are available on RIBITS for review and comment by the USFWS.

ESSENTIAL FISH HABITAT:

The Corps is the lead Federal agency for Essential Fish Habitat consultation for the proposed action. Any required consultation will be completed by the Corps.

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information and determined that there is no EFH in the Corps area of responsibility.

NOTE: This public notice is being issued based on information furnished by the Sponsor and their Agent. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.

PRIVACY AND CONFIDENTIALITY:  Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the Corps. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the Corps. Submissions should not include any information that the submitter seeks to preserve as confidential.

COMMENT PERIOD: The Norfolk District will receive written comments on the application, as outlined above, until the close of business on March 7, 2026. 

Comments can be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Melissa Nash and Dana Heston via email at:  CENAO_REG_MitigationTeam@usace.army.mil

Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Norfolk District, Attention: Melissa Nash and Dana Heston (CENAO-WRR), 803 Front Street, Norfolk, VA  23510-1011, Please refer to the application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

If you have any questions about this application, contact:

Melissa Nash at melissa.a.nash@usace.army.mil

Dana Heston at dana.m.heston@usace.army.mil

and copy CENAO_REG_MitigationTeam@usace.army.mil