FEDERAL PUBLIC NOTICE
The Norfolk District, U.S. Army Corps of Engineers (USACE) received a complete application from White Marsh Environmental, LLC, proposing the establishment of the Moonlight Mitigation Bank to offset 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:
White Marsh Environmental, LLC
PO Box 727
Colonial Heights, VA 23834
AGENT:
EarthSource Solutions, Inc.
5735 S. Laburnum Ave.
Richmond, VA 23231
LOCATION: The Moonlight Mitigation Bank is located approximately 2 miles southwest of Bacon’s Castle along the east side of State Route 617 (White Marsh Road) in Surry County, Virginia.
PROJECT SIZE AND SITE CONDITIONS: The Moonlight Mitigation Bank will encompass approximately 220+ acres and is located within one contiguous parcel. The Moonlight property has been historically used as a loblolly pine plantation with management activities including ditching and draining of existing wetlands and chemical application. Current site conditions are a clearcut managed pine plantation.
NEAREST WATERWAY: The site drains to unnamed tributaries of Pooles Creek (James River watershed) and Stallings Creek (Chowan River watershed).
LATITUDE AND LONGITUDE: Latitude 37.069259° and Longitude -76.742783°
PROJECT DESCRIPTION AND PURPOSE: The proposed project will primarily consist of wetland restoration (197.11 acres) with minor components of wetland preservation (6.3 acres) and upland enhancement (11.12 acres) and the placement of a conservation easement on the entire bank limits. Wetland restoration activities may include plugging and/or filling of onsite drainage ditches, localized grading, limited berm construction, establishment of habitat debris piles, installment of water control structures, restoration of areas used as logging decks and access roads, and installation of native woody and herbaceous species.
The purpose of the project is to provide offsite compensatory mitigation for unavoidable permitted impacts to non-tidal wetlands in the James and Chowan River watersheds. The project is proposed to generate 208.40 non-tidal wetland credits.
The Moonlight Mitigation Bank is located across two 8-Digit Hydrologic Unit Codes (HUCs) - 02080206 (James River) and 03010202 (Chowan River) and will provide compensatory mitigation for permitted impacts within the following HUCs:
Primary Service Area (bank HUC and adjacent) - James River watershed 02080205, 02080206, 02080207 and 02080208; Chowan River watershed 03010201, 03010202 and 03010203.
Secondary Service Area – James River watershed 02080203 and 02080204; Chowan River watershed 03010204.
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 Norfolk District USACE, the Virginia Department of Environmental Quality (DEQ), and the Virginia Marine Resources (VMRC) Commission, chair the IRT.
The USACE, 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 USACE, 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 Prospectus can be found on the USACE Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website Public Notices (army.mil). https://ribits.ops.usace.army.mil/ords/f?p=107:622:9681719348816::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 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act (CWA) may be required for implementation of the proposed site, if approved. No decision has been made as to whether this proposed mitigation bank will be approved.
FEDERAL EVALUATION OF APPLICATION: The 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 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/site development plan, USACE 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. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Anyone may request a public hearing to consider this Project by writing to the USACE District Commander within 30 days of the date of this notice, stating specific reasons for holding the public hearing. The District Commander will then decide if a hearing should be held.
ENDANGERED SPECIES: Our preliminary determination for the Mitigation Bank is that the proposed activity 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. Additional information may change these findings.
HISTORIC AND CULTURAL RESOURCES:
No known Historic Resources eligible for inclusion or included in the National Register of Historic Places (NRHP) are in or near the USACE permit area or would likely be affected by the proposal.
Additional information may change any of these findings.
ESSENTIAL FISH HABITAT: 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 NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH).
There is no EFH in the USACE area of responsibility.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: 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.
COMMENT PERIOD: Comments on this Project should be in writing and can be sent by email to CENAO_REG_MitigationTeam@usace.army.mil, or to the following link https://rrs.usace.army.mil/rrs/public-notices or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR), 803 Front Street, Norfolk, VA 23510-1011, and should be received by the close of business on March 11, 2026.
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 USACE. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the USACE. Submissions should not include any information that the submitter seeks to preserve as confidential.
If you have any questions about this Project, contact:
Herman Hudson III at
herman.w.hudson@usace.army.mil
and copy
CENAO_REG_MitigationTeam@usace.army.mil