TO WHOM IT MAY CONCERN: The Norfolk District, U.S. Army Corps of Engineers (Corps) received a complete prospectus on July 09, 2025, proposing the establishment of the Leeds Manor Mitigation Bank to offset non-tidal wetland 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.
AGENT:
Groundwater and Environmental Services, Inc.
572 Southlake Boulevard
Richmond, Virginia 23236
WATERWAY AND LOCATION: The proposed compensatory mitigation site (the bank) is located off Leeds Manor Road, between 2022 and 2140 Leeds Manor Road in Markham, Fauquier County, Virginia 22469. The site’s center coordinates are 38.966005, -77.994259. The bank consists of predominantly fields. The bank is adjacent to Crooked Run and is located within the Upper Potomac/Catoctin River Basin. The bank limits are approximately 147 acres.
PROPOSED WORK and PURPOSE: The Sponsor is proposing:
- 6,900 linear feet (LF) of stream channel restoration,
- 34.85 acres of wetland restoration,
- 7.98 acres of wetland enhancement,
- 1.08 acres of wetland preservation,
- 53.66 acres of buffer enhancement, and
- 11.10 acres of buffer preservation.
The purpose of the bank is to provide off-site compensatory mitigation for projects that result in unavoidable impacts to wetlands and streams in the bank’s proposed service areas.
The bank’s proposed primary service area comprises the Middle Potomac-Catoctin Watershed within HUCs 02070008 (the same HUC as the bank) and 02070010. The bank’s proposed secondary service area, within the Potomac River Watershed, comprises part of HUC 02080104.
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, 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 Leeds Manor Mitigation Bank public notice and 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=107:278::::278:P278_BANK_ID:7066
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 10 of the Rivers and Harbors Act and 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 PROSPECTUS: 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 banking instrument, 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: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer (SHPO), federally recognized tribes, and other interested parties.
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.
Additional information may change any of these findings.
ENDANGERED SPECIES: Our preliminary determination for the Mitigation Bank is that the proposed activity may affect but is not likely to adversely affect any federally endangered or threatened species or their critical habitat. However, pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531), the District Engineer is consulting with the appropriate Federal agency to determine the presence of, and potential impacts to, listed species in the project area or their critical habitat.
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 there may be an effect to listed/proposed/candidate species and/or designated/proposed critical habitat.
ESA-listed species and/or critical habitat potentially present in the action area.
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Species Common Name and/or Critical Habitat Name
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Scientific Name
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Federal Status
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Northern long-eared bat
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Myotis septentrionalis
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Endangered
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Rusty-patched bumble bee
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Bombus affinis
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Endangered
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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.
This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries 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 attached for review and comment by the USFWS and the NMFS.
ESSENTIAL FISH HABITAT: There is no EFH in the Corps area of responsibility.
VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: No concurrence is required because the project is not located within Virginia’s Coastal Zone.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Virginia Department of Environmental Quality. The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 11, 2020, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the Virginia Department of Environmental Quality. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received a Department of the Army (DA) permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
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 November 16, 2025.
Comments can be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Mr. Justin M. Decker 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, Attn: 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:
Mr. Justin M. Decker at
Justin.M.Decker@usace.army.mil and copy
CENAO_REG_MitigationTeam@usace.army.mil