2017-00050; 17-V2134

Published March 20, 2018
Expiration date: 4/20/2018

Species Conclusion Table

Vicinity Map

Impact Map


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

Markel Corporation
4521 Highwoods Parkway
Glen Allen, Virginia 23060 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is approximately 227 acres and is located east of Route 288, North of Route 6, within the established West Creek Business Park, in Goochland County, Virginia. The site drains into Tuckahoe Creek, a tributary to the James River.   

PROPOSED WORK AND PURPOSE: The applicant proposes to construct a warehouse distribution center, a business office park, roads, parking, utilities, and erosion and sediment control measures within the existing West Creek Business Park. Proposed impacts are: 1.34 acres of forested wetlands, 0.45 acre of emergent wetlands, 0.36 acre of open water, and 1,912 linear feet of stream channel. The applicant indicated that impacts have been avoided and minimized by avoiding impacts to the wetlands on the floodplain of Tuckahoe Creek. The entrance road impacts cannot be avoided because the road is designed within an established easement. To mitigate for the proposed impacts, the applicant has proposed to purchase 3.11 wetland credits and 1,408 stream credits from the Weatherbury Wetland Mitigation Bank and the Lone Oak Mitigation Bank.  Previously authorized wetland impacts for the West Creek Industrial Park are approximately 12.5 acres.  

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 and a permit from the local government.  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 listed 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.   

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to Silvia.B.Gazzera@usace.army.mil or by regular mail, addressed to the U.S. Army Corps of Engineers, 9100 Arboretum Parkway, Suite 235, North Chesterfield, 23236, and should be received by the close of business on April 20, 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

Silvia.B.Gazzera@usace.army.mil, (804) 212-6817.