Published Dec. 1, 2016
Expiration date: 12/16/2016

The district commander has received a joint application for federal and state permits as described below: 

AM King Construction Company, LLC

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in waters and wetlands associated with Arthurs Swamp which is part the Nottoway River drainage basin.  “Project Minecraft” is proposed on the southern side of Route 1 (Boydton Plank Road) approximately 0.20 miles west of the intersection of Route 460 and Route 1 in Dinwiddie County, Virginia. 

PROPOSED WORK AND PURPOSE:  A previous public notice was issued for this project on July 8, 2016, and is enclosed for further details on the project.   In summary, the project requires an Individual Permit from the Norfolk District Corps of Engineers under Section 404 of the Clean Water Act for the impacts to 1.99 acres of jurisdictional waters (including wetlands) for the construction of a pad site, buildings, parking areas and connecting infrastructure associated with the proposed Project Minecraft development.   

PURPOSE OF PUBLIC NOTICE:  The Corps’ permit action associated with this project is subject to Section 106 of the National Historic Preservation Act (NHPA).   Procedures have been established which must be followed in order for the Corps to comply with the NHPA and other applicable historic preservation laws.  The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Native American Tribes; and other interested parties in compliance with Section 106 of the National Historic Preservation Act (NHPA).  This public notice provides an opportunity for members of the public to express their views on the undertaking’s effects on historic properties and resolution of adverse effects.  Comments are requested to assist in evaluation of the effects of the project on historic properties and evaluation of alternatives or modifications which could avoid, minimize or mitigate adverse effects on historic properties. 

Historic Property Identification:   The identification of historic properties has been conducted on the proposed development site.  A report of the survey was prepared and is titled, “Phase 1 Cultural Resources Survey of Minecraft Property, Dinwiddie County, Virginia, VDHR #2016-3716" dated October 2016, by Circa~ Cultural Resource Management.  The survey and report are a reasonable and good faith effort to identify historic properties.  The survey identified an archeological site (twentieth-century domestic site, 44DW0466) and a cemetery (44DW0465/DHR Inventory No. 026-5225) which were determined ineligible for the National Register by the Corps and VDHR. The cemetery will be avoided by installing fencing around the graves so that they will not be affected by the proposed development.  The project site is also located within the potential National Register boundary of the Petersburg Battlefield III (DHR ID#123-5026), as defined by the American Battlefield Protection Program.   In addition, the project is adjacent to Pamplin Park, Petersburg Breakthrough Battlefield Historic District (DHR ID #026-5013), which is a National Historic Landmark (NHL).  The NHL will not be adversely affected due to the existing vegetation and proposed vegetation buffer between the project site and the NHL (landscape plan enclosed). 

ADVERSE EFFECT DETERMINATION:  In consultation with the SHPO, and in consideration of views concerning effects provided by consulting parties, the USACE has applied the criteria of adverse effect to historic properties within the APE.  An adverse effect on the Petersburg Battlefield III has been found for the project.  The USACE is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties.  The US Army Corps of Engineers (Norfolk District), Virginia Department of Historic Resources, the permittee and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the National Historic Preservation Act.   

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on December 16, 2016. 

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 Dan Bacon at 757-201-7060 or by email