NAO-2025-00089 / MRC-2026-1381 (EdgeCore: Louisa Phase 2, Louisa County, Virginia)

Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Norfolk District has received an application for a Department of the Army (DA) 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 and information necessary to evaluate the probable impact on the public interest regarding the proposed activity as described below and as shown on the enclosed drawings.

APPLICANT:
Alexis Layne
EDI Louisa 1, LLC
999 17th Street
Suite 200
Denver, Colorado 80202

LOCATION OF PROPOSED ACTIVITY: The proposed activity would affect waters of the United States associated with Fork Creek of the South Anna River. The project is located on a 187.2-acre limits of disturbance west of Shannon Hill Road (SR 605) and east of Parrish Road (SR 683), approximately 0.6 miles north of Interstate 64; at Latitude 37.9003865 and Longitude -78.0230092; in Louisa County, Virginia.

PROPOSED ACTIVITY: The applicant proposes to construct the second phase of a data center campus, known as EdgeCore: Louisa Phase 2.  

The proposed action would result in permanent impacts to approximately 4.20 acres of non-tidal wetlands and 6,302 linear feet of stream channel, as well as temporary impacts to 78 linear feet of stream channel, associated with site grading and infrastructure construction.

The proposed wetland impacts are summarized below:

Proposed Wetland Impacts

The proposed stream impacts are summarized below:

Proposed Stream Impacts

The stated project purpose is to construct a data center campus of no less than three data center buildings, associated substations, and appurtenant facilities within Louisa or Fluvanna counties to serve the growing regional and national need for high-capacity digital infrastructure.

The basic project purpose is to increase data center capacity.

AVOIDANCE AND MINIMIZATION: The applicant states that impacts to waters of the United States have been avoided and minimized to the maximum extent practicable. Application materials indicate that multiple onsite design alternatives were evaluated during project planning. The proposed layout was selected because it consolidates the proposed data center infrastructure in upland areas to the maximum extent practicable, thereby avoiding impacts to higher quality wetlands and streams located elsewhere on the site. The Corps will independently evaluate the applicant’s avoidance and minimization efforts, including the alternatives analysis, as part of the standard permit review process.

A copy of the application can be found on the Virginia Marine Resources Commission’s website at https://webapps.mrc.virginia.gov/public/habitat/additionaldocs.php?id=20261381 .

COMPENSATORY MITIGATION: To compensate for the proposed permanent impacts to wetlands and streams, the applicant proposes to purchase 7.99 wetland mitigation credits and 5,985 stream mitigation credits from a commercial mitigation bank servicing the project watershed. The Corps will evaluate the proposed compensatory mitigation plan as part of the standard permit review process. The USACE will determine the type and amount of compensatory mitigation necessary to offset losses of waters of the United States which may result from the proposed activity in accordance with 33 CFR § 332.

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 evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act utilizing 36 CFR § 800 and program-specific regulations and procedures found at 33 CFR § 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the Phase I Cultural Resources Survey provided by the applicant and initially determines that:

Cultural resources that have been determined not eligible for inclusion in the National Register of Historic Places are present within the USACE’s permit area; therefore, there would be no historic properties affected by the proposed work. The USACE will request concurrence with this determination from the State and/or Tribal Historic Preservation Officers.

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.

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: The Corps reviewed the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) Official Species List (Project code: 2026-0061022); dated July 6, 2026). 

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

Based on a preliminary review of the project area and available habitat, the Corps has made a preliminary determination of "No Effect" on the Green Floater due to a lack of suitable habitat.

No designated or proposed critical habitat for the monarch butterfly overlaps the project area.

The Corps has evaluated the proposed action pursuant to 50 CFR 402.10 and has determined the action is not likely to jeopardize the continued existence of the monarch butterfly or the Green floater. Therefore, a conference is not required at this time.

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.

This notice serves as request to the USFWS 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: 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.

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 27, 2023, 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 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 USACE jurisdiction  has been verified by USACE 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, aesthetics, 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, Environmental Protection Agency (EPA), under authority of Section 404(b) of the Clean Water Act 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 USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposed activity. 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 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 applicant for possible resolution before the determination is made whether to issue or deny the requested permit. Please note that all comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act.

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.

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.

The Norfolk District will receive written comments on the proposed activity, as outlined above, until September 2, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices. The Corps point of contact for this project is Adam Fannin at adam.e.fannin@usace.army.mil.