Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Norfolk District received a complete prospectus for establishing the Severn River Wetland Mitigation Bank, pursuant to 33 CFR 332 Compensatory Mitigation for Losses of Aquatic Resources. The purpose of this public notice is to solicit comments from the public and information necessary to evaluate the potential of the proposed mitigation bank in providing compensatory mitigation for activities authorized by Department of the Army (DA) permits.
LOCATION OF PROPOSED ACTIVITY: The proposed mitigation bank includes waters of the United States and navigable waters of the United States associated with the Northwest branch of the Severn River within the York River Basin. The project area is located on the N side of Brays Point Road, 0.3 miles E of the intersection with Woodville Park Road; at 37.328533, -76.488057; in Gloucester County, Virginia.
PROPOSED ACTIVITY: The Sponsor is proposing to undergo establishment of 159 acres of non-tidal forested wetlands, preservation of 58 acres of tidal and 401 acres of non-tidal forested wetlands, and preservation of 110 acres of buffer. The Sponsor proposes to generate a total of 218.4 wetland credits for the purpose of providing off-site compensatory mitigation for unavoidable impacts to waters of the U.S. associated with DA permits within the proposed Geographic Service Area (GSA).
The Sponsor proposes a Primary Service Area of the Great Wicomico-Piankatank River Watershed within hydrologic unit code(s) HUCs 02080102 (the same HUC as the Bank) and 02080104.
A copy of the Severn River Wetland Mitigation Bank Prospectus can be found on the USACE Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website
https://ribits.ops.usace.army.mil/ords/f?p=107:278:15348496802010:::278:P278_BANK_ID:7343
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.
Oversight of the bank 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 USACE and the Virginia Department of Environmental Quality (DEQ) chair the IRT and the Virginia Marine Resources Commission (VMRC) has the option to act as a co-chair for tidal mitigation banks.
In addition, the USACE, the DEQ, and the Virginia Marine Resources Commission (VMRC) provide no guarantee that any individual or general permit will be granted authorization to use the proposed bank 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.
HISTORIC PROPERTIES/CULTURAL RESOURCES: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. § 306108), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officers to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.
The USACE 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.
The USACE’s final eligibility and effect determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes, and other interested parties, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the USACE-identified permit area.
ENDANGERED SPECIES: Section 7 of the Endangered Species Act (ESA) (16 U.S.C. § 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat (or critical habitat proposed such designation).The USACE has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) ESA Section 7 Mapper, and the NMFS Critical Habitat Mapper 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 USACE has made a preliminary determination that the proposed project may affect a threatened or endangered species or designated critical habitat. USACE will complete the required consultation under Section 7 prior to finalizing a permit decision.
This notice serves as request to the USFWS and NMFS 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.
ESSENTIAL FISH HABITAT: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C. § 1855), requires 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). Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the USACE reviewed the project area, examined information provided by the applicant, and consulted available species information. The USACE’s preliminary review indicates that:
The USACE 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 USACE will not make a final decision to approve a mitigation banking instrument until the consultation process is complete.
NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.
WATER QUALITY CERTIFICATION: Should any future work in waters require a DA permit, 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 27, 2023, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge.
COASTAL ZONE MANAGEMENT: Should any future work in waters require a DA permit, the permit applicant may be required to certify that federally licensed or permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia’s Coastal Zone Management Program (Virginia CZM Program), and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). For more information or to obtain a list of the enforceable policies of the Virginia CZM Program, contact the DEQ-OEIR at (804) 659-1915 or e-mail: bettina.rayfield@deq.virginia.gov.
NATIONAL WILD AND SCENIC RIVERS: There are no designated National Wild and Scenic Rivers in the Commonwealth of Virginia.
NOTE: This public notice is being issued based on information furnished by the Sponsor. 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 USACE jurisdiction has been verified by USACE personnel.
EVALUATION AND COMMENTS: The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties to inform the USACE decision on whether the proposed bank has the potential in providing compensatory mitigation for activities authorized by Department of the Army (DA) permits. 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, comments received on this public notice shall be used 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. Any comments or objections which are received during this period may be forwarded to the Sponsor for possible resolution prior to the USACE’s final decision to approve a mitigation banking instrument. Please note that all comments received are part of the administrative record and subject to public release under the Freedom of Information Act.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the prospectus. 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.
The Norfolk District will receive written comments on the proposed activity, as outlined above, until July 16, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit comments to Rowen Schmidt at CENAO_REG_MitigationTeam@usace.army.mil or U.S. Army Corps of Engineers, Norfolk District, Attention: Rowen Schmidt, 803 Front Street, Norfolk, VA 23510. Please refer to “NAO-2025-2805” in your comments.