TO WHOM IT MAY CONCERN: The Norfolk District, U.S. Army Corps of Engineers (Corps) issued a public notice on March 13, 2019, following the receipt of a complete application from The Barn Property, LLC, proposing the establishment of the Catlett Mitigation Bank to offset non-tidal wetland and stream impacts authorized as part of future federal and state permits. The applicant has revised their plans based on the comments received during the 2019 public comment period. The purpose of this notice is to solicit comments the public, federal, state, and local agencies and officials, Indian tribes, and other interested parties concerning the revised work as described below.
AGENT:
TNT Environmental
c/o Avi Sareen
4455 Brookfield Corporate Drive, Suite 100
Chantilly, Virginia 21051
WATERWAY AND LOCATION: The proposed compensatory mitigation site (the Bank) is located at 3153 Catlett Road, in Faquier County, Virginia. The central geographic coordinates of the Bank are Latitude 38.17388 and Longitude -77.62305. The Bank consists of predominantly agricultural land. The Bank site drains to Licking Run (a tributary of the Potomac River) and is located within the Potomac/Shenandoah River Basin. The Bank limits are 94 acres.
PROPOSED WORK and PURPOSE:
The Sponsor is proposing 3,862 linear feet (LF) of stream channel restoration and 2,241 LF of stream enhancement. All streams would be protected on both sides by 100-foot (FT) buffers, including 3,052 credits associated stream buffer restoration/establishment. The Sponsor is also proposing 33.01 acres of wetland creation, 2.38 acres of wetland rehabilitation, and 3.56 acres of upland buffer enhancement. The Sponsor proposes to generate a total of 7,683 Unified Stream Methodology (USM) credits and 35.66 wetland 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 streams and/or wetlands with the Bank’s proposed Geographic Service Area.
The Bank’s proposed Geographic Service Area is comprised of the Potomac/Shenandoah River Basin within HUCs 02070010 (the same HUC as the Bank), 02070008 and 02070011.
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 Catlett Bank Prospectus can be found on the Corps Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website:
https://ribits.ops.usace.army.mil/ords/f?p=107:278::::278:P278_BANK_ID:5326
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 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 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:
Additional information may change any of these findings.
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 applicant completed a Phase I Archeological Investigation and submitted the report to the Virginia Department of Historic Resources (VDHR) on December 15, 2025. VDHR made the determination that no 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; therefore, there will be no historic properties affected.
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 using 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
Pursuant to Section 7 of the Endangered Species Act (ESA) any required consultation with the USFWS 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.
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.
There is no EFH in the Corps area of responsibility.
NAVIGATION: The proposed activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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 March 19, 2026.
Comments can be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to the Project Manager, Kristen Rigney, 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: Mitigation Team – Kristen Rigney (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:
Kristen Rigney at
Kristen.L.Rigney@usace.army.mil and copy
CENAO_REG_MitigationTeam@usace.army.mil