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NAO-2016-02003

Posted: 6/27/2018

Expiration date: 7/27/2018


FEDERAL PUBLIC NOTICE

The District Commander received a joint application for Federal and State permits as described below:

APPLICANT
Frontier Land Development, LLC
Mr. Dan Girouard
181 Club House Way
Zion Crossroads, Virginia 22942

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located within the 102.8 acre Kennedy Shores residential development, in Smith Mountain Lake, an impoundment of the Roanoke River, at Union Hall, Franklin County, Virginia.  

PROPOSED WORK AND PURPOSE: The applicant requests after-the-fact Department of the Army authorization for the discharge of 190.72 cubic yards of fill material (Class 1 rip-rap and filter fabric) along 858 linear feet of Smith Mountain Lake shoreline (open water), extending approximately 4 feet waterward of the ordinary high water mark of the Lake, for the purpose of providing shoreline stabilization and protection. The applicant also requests authorization for the discharge of 21.21 cubic yards of fill material into open water, associated with two stormwater outfall structures, extending 32 inches and 48 inches, respectively, waterward of the ordinary high water mark of the Lake.  

In addition to the above activities, the applicant also notified the Corps of its proposal to construct a 14-foot wide boat ramp as part of the development’s amenities. Specifically, the applicant proposes to discharge fill material (a pre-cast, concrete slab) approximately 47 feet waterward of the ordinary high water mark.  

The applicant’s demonstration of avoidance of impacts to waters of the U.S. included the re-grading of the steep and eroding banks, landward to 2:1 slope, which reduced the amount of fill necessary below ordinary high water. The applicant minimized by restricting the total amount of rip-rap necessary to achieve a stable bank protection structure and designed and installed stormwater outfalls to minimize fill encroachment below the plane of ordinary high water. 

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated. Project drawings are attached. 

AUTHORITY: Permits are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia and Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). 

FEDERAL EVALUATION OF APPLICATION: 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. The decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected from the proposal must be balanced against its reasonably foreseeable detriments. All of the proposal's relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.  he Environmental Protection Agency's "Guidelines for Specification of Disposal Sites for Dredged or Fill Material" will also be applied (Section 404(b)(1) of the Clean Water Act).   

The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the direct, indirect, and cumulative impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on 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. Anyone may request a public hearing to consider this permit application by writing to the District Commander within 30 days of the date of this notice, stating specific reasons for holding the public hearing. The District Commander will then decide if a hearing should be held. 

Preliminary review indicates that: (l) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended) will be affected. Based on this “no effect” determination, no further coordination with the Fish and Wildlife Service is required; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal.  Additional information might change any of these findings.   

In compliance with the Coastal Zone Management Act of 1972, the Corps determines that the issuance of a Department of the Army permit for this activity, which is located outside Virginia’s Designated Coastal Management Area, would not result in reasonably foreseeable direct, indirect or cumulative coastal effects. The Corps, by copy of this Public Notice, is providing the Virginia Department of Environmental Quality its determination that this project is not subject to consistency review. 

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to chester.c.bigelow@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 210 Franklin Road SW, Rm 749, Roanoke, Virginia  24011, and should be received by the close of business on July 27, 2018.  

PRIVACY & 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 U.S. Army Corps of Engineers. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers. Submissions should not include any information that the submitter seeks to preserve as confidential.  

If you have any questions about this project or the permit process, contact Chester Bigelow by telephone at (540) 982-3841 or via the email address listed above.

Franklin County Kennedy Shores Roanoke River Smith Mountain Lake