Published Dec. 20, 2013
Expiration date: 1/20/2014

The District Engineer has received a prospectus to establish a stream compensatory mitigation bank for Federal and State permits as described below:


Frog Bottom, LLC, Mr. Andrew Wall, PO Box 1127, Chatham, Virginia 24531


The proposed mitigation bank site is located on approximately 123 acres of agricultural/pastures land. The site is located north of Halifax Road (Route 57) and at the end of State Road 1006 in Pittsylvania County, Virginia. The proposed bank site drains to the Banister River a tributary to the Dan River, which is a tributary to the Roanoke River.


The bank sponsor proposes to establish, design, construct, and operate a compensatory stream mitigation bank to be known as Frog Bottom Umbrella Mitigation Bank.  The purpose of the mitigation bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to streams in the Roanoke Drainage basin.  The goal of the bank is to improve water quality by reducing the nutrient and sediment loads within the watershed and to preserve in perpetuity additional lands along the sections of the Banister River that are within the Virginia Department of Conservation and Recreation’s (current and proposed) State Scenic River Designation.

The Bank Sponsor plans to establish this Bank by excluding livestock from the Banister River and its tributaries, restoring degraded stream channels, and restoring and preserving stream buffers.

The sponsor has proposed, for purposes of Section 404 of the Clean Water Act, that the geographic service area of this mitigation bank would include all or portions of the National Watershed Boundary Dataset Hydrologic Unit Codes 03010101, 03010102, 03010103, 03010104, and 03010105 . This proposed service area would include all or portions of Appomattox, Bedford, Campbell, Charlotte, Franklin, Halifax, Henry, Mecklenburg, and Pittsylvania Counties.

Oversight of this mitigation bank will be by a group of federal and state agency representatives.  This interagency oversight group will be known as the Interagency Review Team (IRT).  The Norfolk District of the U.S. Army Corps of Engineers shall chair the IRT.

This mitigation bank 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 404 and 401 of the Clean Water Act (Public Law 95-217) in southern Virginia.

The actual approval of the use of this mitigation bank for a specific project is the decision of the Corps pursuant to Section 404 of the Clean Water 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 bank to compensate for unavoidable wetland impacts associated with a proposed permit, even though compensatory mitigation may be available. Authorization by the Virginia Marine Resources Commission may also be required for its use for specific projects.


Issuance of a public notice regarding proposed mitigation banks 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).


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 bank.  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 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:  (l) no environmental impact statement will be required; (2) conduct of work will not affect species listed as threatened or endangered under the Endangered Species Act of 1973 (PL 93-205); and (3) the project may not have an effect on properties listed on the National Register of Historic Places.  Additional information might change any of these preliminary findings.


Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers PO Box 3160, Lynchburg, Virginia, 24503 and should be received by the close of business on January 20, 2014.  Copies will be forwarded to the DEQ.

If you have any questions about this project or the permit process, please contact:

Jeanne C. Richardson at 434.384.0182 or via email at: