December 14, 2018
FEDERAL PUBLIC NOTICE
The District Commander has received a joint application for Federal and State permits as described below:
HOFD Ashville Park, LLC & Ashville Park Owners Association
c/o L.M. Sandler & Sons, Inc.-Anthony Giacoia
448 Viking Drive, Suite 220
Virginia Beach, VA 23456
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located south of Sandbridge Road and north of Indian River Road between New Bridge Road and Princess Anne Road in wetlands that drain to Ashville Bridge Creek and Muddy Creek, which are tributaries to Bay Back in Virginia Beach, Virginia.
PROPOSED WORK AND PURPOSE: The applicant proposes the construction of the drainage improvements required by the City of Virginia Beach and the development of the remaining Villages including the supporting infrastructure at the existing, partially developed Ashville Park residential subdivision in Virginia Beach. The applicant proposes to impact 0.31 acres of open water, 0.74 acres of emergent wetlands, 2.23 acres of scrub/shrub wetlands and 0.12 acres of forested wetlands by constructing stormwater ponds, stormwater channels, grading for lot development in Village E, filling to convert an existing road stub into a parking lot for the trail, and filling for an equestrian/pedestrian path. The first purpose of the project is to complete City-required drainage improvements to reduce the risk of onsite and offsite flooding. The second purpose is to construct the residential community Village E and associated pedestrian and equestrian trails to complete the full build-out of the Ashville Park subdivision in accordance with the development’s revised plan and proffers.
The applicant avoided and minimized impacts onsite by eliminating Village D and redesigning and reducing Village E. The applicant proposes to compensate for the wetland impacts through the purchase of wetland credits at an approved bank in the service area. The wetlands would be compensated at a 1:1 ratio for emergent wetlands, 1.5:1 for scrub/shrub wetlands, and 2:1 for forested wetlands.
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 Virginia Beach Wetlands Board. 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, 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/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table are 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: http://www.deq.virginia.gov/Programs/EnvironmentalImpactReview/FederalConsistencyReviews.aspx#cert. 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: email@example.com or firstname.lastname@example.org.
COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to email@example.com, 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 January 14, 2019.
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 Melissa Nash at 757-201-7489.