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NAO-2006-7258

Posted: 1/16/2019

Expiration date: 2/14/2019


Jan. 16, 2019
CENAO-WR-R
NAO-2006-7258/VMRC #2018-1729

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

APPLICANT
CFalls LLC
Mr. Mitchel Bode
6912 Three Chopt Road
Richmond, VA 23226

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located north of the Chickahominy River, east of Holly Hills Road and south of Cedar Lane. The Chickahominy River is a tributary of the James River and the Chesapeake Bay, Hanover County, Virginia.

PROPOSED WORK AND PURPOSE: The applicant proposes to construct a single-family home subdivision, road network, condominiums, community pool, clubhouse, sewer lines, waters lines and stormwater management facilities known as Chickahominy Falls Section III on about 81 acres. The applicant’s stated purpose is to provide housing for a growing area in Hanover County. The project will impact 0.24 acres of palustrine emergent wetlands (PEM), 0.17 acres of palustrine scrub shrub wetlands (PSS), 1.05 acres of palustrine open water (POW) and 159 linear feet of stream channel. The applicant demonstrated avoidance and minimization by utilizing an existing pond for stormwater management and crossing wetlands at the narrowest point. The applicant proposes to compensate for impacts to 0.24 acres of PEM by purchasing 0.24 wetland credits (1:1 ratio), 0.08 acres of PSS by purchasing 0.12 wetland credits (1.5:1 ratio), 0.09 acres of secondarily impacted PSS by purchasing 0.09 wetland credits (1:1 ratio) from the Virginia Aquatic Resources Trust Fund. The applicant will compensate for impacts to 159 linear feet of stream channel by purchasing 162 stream credits (USM) from the Varina Mitigation Bank.

On May 2, 2017, an off-site sewer line to serve the subdivision was authorized for impacts to 0.003 acres of PFO with compensation at a 1:1 ratio. Sections I and II were authorized Sept. 1, 2017, for impacts to 0.01 acres of PSS with compensation at a 1.5:1 ratio, impacts to 0.28 acres of PEM with compensation at a 1:1 ratio, and impacts to 223 linear feet of stream channel with 120 stream credits purchased for compensation. Both the off-site sewer and sections I and II have been constructed and compensation purchased. Section IV was authorized Nov. 19 to impact 0.82 acres of PFO with compensation at a 2:1 ratio and conversion of 0.38 acres of PFO compensated at a 1.5:1 ratio. Section IV is not under construction at this time, and compensation will be purchased in February.

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 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 reasonably 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, property ownership consideration 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 other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and 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 this notice date, stating specific reasons for holding the public hearing. The district commander will then decide if a hearing should be held.

Preliminary review indicates that: (1) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process, there may be an effect to the northern long-eared bat a listed species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 and the Species Conclusion Table is attached for review and comment by Fish and Wildlife Service; and (3) these known properties potentially eligible for inclusion or included in the National Register of Historic Places (042-0318-Providance House, 042-0319-Hargrove House) 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 VCP enforceable policies, contact the Department of Environmental Quality, Office of Environmental Impact Review, at 804-698-4330 or email 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 julie.s.hamilton@usace.army.mil, or by regular mail, addressed to: Norfolk District, Corps of Engineers (ATTN: CENAO-WR-R), 9100 Arboretum Parkway Suite 235, Richmond, VA 23236, and should be received by close of business Feb. 14.

PRIVACY & CONFIDENTIALITY: Comments and information, including identity of the submitter, submitted in response to this public notice, may be disclosed, reproduced and distributed at U.S. Army Corps of Engineers discretion. Information 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 the submitter seeks to preserve as confidential.

If you have any questions about this project or the permit process, contact Julie Hamilton at 804-436-4725 or julie.s.hamilton@usace.army.mil.

Attachment: drawings

Cedar Lane Chickahominy Falls Chickahominy River Hanover County Holly Hills Road Virginia