TO WHOM IT MAY CONCERN: The Norfolk District, U.S. Army Corps of Engineers (Corps) received a complete prospectus on May 22, 2025 from Dave Jordan, proposing the establishment of the Guards Shore Mitigation Bank to offset tidal wetlands 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.
WATERWAY AND LOCATION: The proposed compensatory mitigation site (the Bank) is located on the North side of Guards Shore Road 2.50 miles West of the intersection of Guards Shore Road and Bayside Road (Route 316) in Accomack County, Virginia at 37.84356, -75.65922. The Bank consists of an upland driveway, an abandoned homesite, and existing tidal wetlands. The Bank is adjacent to the tidal tributary, Bridge Gut, that is located within the Chesapeake Bay Coastal River Basin. The Bank limits are 11.0 acres.
PROPOSED WORK and PURPOSE: The Sponsor is proposing 2.89 acres of tidal wetland restoration, 6.78 acres of tidal wetland preservation, and 0.52 acres of tidal wetland buffer establishment. The Sponsor proposes to generate a total of 3.79 tidal 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 tidal wetlands in the Chesapeake Bay Coastal River Basin. The Bank’s Primary Service Area is proposed to include HUCs 02080111, 02080101, 02080102, and 02080108 within the Commonwealth of Virginia.
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 Virginia Marine Resource Commission (VMRC) serve as a member of the IRT.
The Corps, 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 Guards Shore Mitigation Bank 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=107:622:1800163446844::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 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 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.
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.
This notice serves as request to the U.S. Fish and Wildlife 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 available for review and comment by the USFWS.
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. Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
The Corps intends to initiate Essential Fish Habitat (EFH) consultation separately from this public notice. A separate EFH consultation package will be sent to the National Marine Fisheries Service (NMFS). The Corps will not make a permit decision until the consultation process is complete.
Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
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 25, 2026.
Comments can be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Herman W. Hudson III 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: Herman W. Hudson III (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:
Herman W. Hudson III at
Herman.W.Hudson@usace.army.mil and copy
CENAO_REG_MitigationTeam@usace.army.mil