NAO-2025-02543 (White Marsh Estates, Suffolk, Virginia)

TO WHOM IT MAY CONCERN: The Norfolk District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344). The purpose of this public notice is to solicit comments from the public regarding the work described below:

APPLICANT: 
Marshawk Inc.
c/o Mr. Jerry Bowman
103 W Plume St
Norfolk, VA 23510  

AGENT:          
Bay Environmental, Inc.
c/o Mr. Dustin Pringle
648 Independence Pkwy Ste 100
Chesapeake, VA 23320

WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed tributaries to Shingle Creek. The project is located on a 124.73-acre property at 1381 White Marsh Road in Suffolk, Virginia, at approximately Latitude 36.707184 N and Longitude -76.56693 W.

PROPOSED WORK and PURPOSE: The applicant proposes to construct a 319-lot single-family residential development known as White Marsh Estates. The proposed action would result in permanent impacts to approximately 5.020 acres of non-tidal wetlands associated with the construction of residential lots, roadways, utilities, and stormwater management facilities.

The proposed wetland impacts are summarized below:

The stated project purpose is to construct new single-family residential homes within the City of Suffolk. The project is also intended to help address the current demand for housing within Suffolk and the greater Hampton Roads region.

AVOIDANCE AND MINIMIZATION: The applicant states that impacts to waters of the United States have been avoided and minimized to the maximum extent practicable. The property was previously zoned for a by-right development of 784 residential units. Following a 2015 rezoning and subsequent design refinements, the proposed development intensity was reduced by nearly 60 percent to 319 units.

The applicant evaluated multiple on-site design alternatives and selected the preferred plan, stating it further reduces impacts to wetlands by eliminating two of the three previously proposed roadway crossings and better aligning the layout with the City’s open space requirements. The design also incorporates an existing agricultural pond for stormwater management, which will be modified to meet current Virginia Stormwater Management Program (VSMP) standards.

The Corps is continuing to evaluate the applicant’s avoidance and minimization measures through the standard permit review process.

A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website: Application Number 20252528.

COMPENSATORY MITIGATION: To compensate for the proposed 5.020 acres of permanent wetland impacts, the applicant proposes to purchase an appropriate number of wetland mitigation credits from a Corps-approved mitigation bank serving the project watershed.

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 (NHPA) for the proposed action. Any required consultation will be conducted by the Corps. The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the NHPA. This public notice serves to inform the public of the proposed undertaking and invites comments, including those from local, State, and Federal agencies, regarding historic resources. The final determination regarding historic resource impacts may require 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 on coordination with the SHPO and/or Tribal Historic Preservation Office (THPO), as appropriate, and full consideration of the undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps conducted an initial review of the application and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) system to evaluate the potential presence of federally listed, proposed, or candidate species and designated critical habitat within the vicinity of the proposed action.

Based on the IPaC Official Species List, the following species were identified for consideration:

The action area does not contain the mature pine savanna ecosystem that provides suitable habitat for the Red-cockaded Woodpecker. The Corps preliminarily determines the proposed action would have no effect on this species.

The proposed action includes clearing approximately 12.3 acres of forested uplands, which may provide potential roosting and foraging habitat for the Northern Long-eared Bat and Tricolored Bat. Based on the USFWS IPaC Determination Key (DKey) (Project Code 2026-0012217), the Corps’ effect determinations are:

• Northern Long-eared Bat: May affect, not likely to adversely affect (NLAA)
• Tricolored Bat (proposed endangered): May affect

To avoid and minimize potential impacts to roosting bats, the applicant will adhere to the USFWS-recommended time-of-year restriction for Suffolk, Virginia, such that all tree clearing will occur only between October 15 and March 31, outside of the maternity and active roosting season. The applicant will also implement any additional conservation measures committed to through completion of the IPaC DKey.

For Northern Long-eared Bat, the IPaC DKey verification letter serves as documentation of completed informal consultation pursuant to Section 7(a)(2) of the Endangered Species Act (ESA), unless the Service advises otherwise within the 15-day review period.

For Tricolored Bat, although the determination is “may affect,” this species is proposed for listing and is not yet listed under the ESA. Under 50 CFR 402.10, Federal agencies are not required to conference where the proposed action is not likely to jeopardize the continued existence of a proposed species. Since the project will implement a time of year restriction (TOYR) and conservation measures that avoid impacts to maternity roosts, and because the IPaC standing analysis determined the project is consistent with conservation measures that avoid adverse effects, the Corps has determined the proposed action would not jeopardize the continued existence of the Tricolored Bat. Therefore, conferencing with the USFWS is not required.

The action area consists largely of active farmland and does not provide suitable migratory or breeding habitat for the Monarch Butterfly. The Corps preliminarily determines the proposed action would have no effect on this proposed species. Further, because the proposed action would not affect habitat features necessary to support breeding, migration, or reproduction, the Corps has determined the proposed action would not jeopardize the continued existence of the Monarch Butterfly. Therefore, conferencing with the USFWS is not required.

Pursuant to Section 7 of the ESA, any required coordination will be conducted in accordance with 50 CFR Part 402. The Corps is the lead Federal agency for ESA compliance for the proposed action.

This public notice serves as a request to the USFWS for any additional information regarding the presence of listed or proposed threatened or endangered species, or designated critical habitat, that may be affected by the proposed activity. The USFWS IPaC Official Species List and the Northern Long-eared Bat and Tricolored Bat DKey verification letter are attached.

ESSENTIAL FISH HABITAT: The Corps is the lead Federal agency for Essential Fish Habitat (EFH) compliance for the proposed action. Based on available information, no EFH is present within or near the project area and consultation is not required.

NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.

VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: The Commonwealth of Virginia Department of Environmental Quality (DEQ) issued a Federal Consistency Concurrence dated October 29, 2025 (DEQ 25-132F), concurring that the proposed project is consistent with the Virginia Coastal Zone Management (CZM) Program, provided all applicable state and local permits and approvals are obtained prior to project implementation

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the DEQ. 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 DEQ. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency (EPA) 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 applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the CWA or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.  A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The Corps 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 the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

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.

The Norfolk District will receive written comments on the proposed work, as outlined above, until March 22, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs. The Corps point of contact for this project is Brittany Kopitsky (brittany.d.kopitsky@usace.army.mil).

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.