TO WHOM IT MAY CONCERN: The Norfolk District, U.S. Army Corps of Engineers (Corps) received a complete prospectus on October 18, 2026 from Dave Jordan, proposing the establishment of the Hurt Mitigation Bank to offset non-tidal stream and wetland 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 south side of Ricky Van Shelton Drive 0.5 miles east of the intersection E Hurt Road at Latitude 37.094735 and Longitude -79.27965; in Pittsylvania County, Virginia. The Bank consists of predominantly upland pasture fields, agriculture, Reed Creek, wetlands, and upland forests. The Bank contains portions of Reed Creek and is located within the Roanoke River Basin. The Bank limits are 219 acres.
PROPOSED WORK and PURPOSE: The Sponsor is proposing the Bank will generate a total of 8,683 Unified Stream Methodology (USM) stream credits. These credits will be generated through the restoration of 3,420 linear feet of stream channel, and the establishment of 26.05 acres of riparian buffer. Construction activities will include restoration, buffer plantings, and livestock exclusion.
The Sponsor is proposing 22.13 acres of non-tidal wetland restoration and establishment of 22.13 acres of wetland buffers. The Sponsor proposes to generate a total of 23.87 wetland credits upon completion of the activities proposed in 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 wetlands in the Roanoke River Basin.
The Bank’s proposed Primary Service Area is comprised of the Roanoke River Basin within HUCs 03010101 (the same HUC as the Bank), 03010102, 03010103 and 03010105 within the Commonwealth of Virginia. The Bank’s proposed Secondary Service Area, within the Roanoke River Basin, is comprised of HUCs 03010104, 03010106, and 03040101 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 Corps and the DEQ 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 Hurt 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:
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 District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and determined that:
Cultural resources that have been determined not 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 by the proposed work. The Corps has coordinated this determination with the State Historic Preservation Office (SHPO) and Tribal Historic Preservation Office (THPO). The SHPO concurred with the Corps determination on December 17, 2025. The interested THPOs did not respond to requests for comments.
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 USFWS Information and Planning and Consultation (IPaC) Official Species List and Species Conclusion Table are available for review and comment by the USFWS.
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