CENAO-WR-R 2005-04124, 17-V1464

Published Nov. 7, 2017
Expiration date: 12/7/2017

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

Mr. Doug Sowers
1475 Oakbridge Court
Powhatan, VA 23139 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is ongoing and proposed on a 47.3 acre portion of a larger single and complete project containing approximately 345.67 acres of land located on the north line of Woolridge Road at Spaldwick Lane, on Swift Creek Reservoir in Chesterfield County, Virginia. The project site drains into Swift Creek and Swift Creek Reservoir, tributaries to the Appomattox River, a tributary to the James River.  

PROPOSED WORK AND PURPOSE: The Applicant proposes to construct Section 7 (47.3 acres) of a residential development known as “Rountrey.”  Previous phases of Rountrey were constructed on approximately 145 acres of land, and adverse impacts to 1.43 acres of palustrine forested wetlands and 935 linear feet of stream were authorized with the State Program General Permit, a Standard Permit and subsequent modifications with appropriate compensatory mitigation. The Applicant requests modification of the Standard Permit to discharge fill material in an additional 0.71 acre of palustrine forested wetlands and 838 linear feet of stream for the purposes of constructing lots, roads and stormwater management structures for the purpose of providing single family housing.  The Applicant proposes that he has avoided and minimized adverse impacts to aquatic resources to the greatest extent practicable. The Applicant proposes to purchase 1.42 wetland credits (2 : 1 compensation for impacts to 0.71 acre of palustrine forested wetlands) and 916 stream credits (resource based compensation for impacts to 838 linear feet of stream) from Weatherbury Mitigation Bank located in Chesterfield County to assure that the unavoidable adverse impacts to aquatic resources do not result in significant environmental consequence.  Permanent adverse impacts for Rountrey, both existing and proposed, total 2.14 acres of palustrine forested wetlands and 1,773 linear feet of stream.  Additional adverse impacts were authorized, but not taken.  

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. 

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 classification, 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. The 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 there may be an effect to Northern Long-eared Bat under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table is attached for review and comment by Fish and Wildlife Service; 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.   

For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Tidewater, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia Coastal Zone Management Program (VCP) and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). We have not received a certification from the applicant prior to publication of this public notice.  It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review for concurrence or objection and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found here:


For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: bettina.sullivan@deq.virginia.gov or john.fisher@deq.virginia.gov  

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to elaine.k.holley@usace.army.mil and should be received by the close of business on December 7, 2017.  

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 Elaine Holley at 9100 Arboretum Parkway, Suite 235, Richmond, VA 23236, (804) 323-3781 and elaine.k.holley@usace.army.mil .