Published Feb. 5, 2019
Expiration date: 3/7/2019

Feb. 5, 2019

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

Steven Yob
Henrico County Department of Public Works
P.O. Box 90775
Henrico, VA 23273-0775

WATERWAY AND LOCATION OF PROPOSED WORK: The project is proposed on a linear corridor containing about seven acres of land located generally between Old Greenwood Road and Winfrey Road in Henrico County, Virginia. The project site drains into the Chickahominy River, a tributary to the James River.

PROPOSED WORK AND PURPOSE: The applicant proposes to construct a 0.57-mile portion of Woodman Road (1.38 miles). The applicant proposes to discharge fill material in 1.6 acres of palustrine forested wetlands, 0.07 acres of palustrine emergent wetlands and 194 linear feet (0.01 acres) of stream for the purpose of extending Woodman Road and improving vehicle access. The applicant proposes he has avoided and minimized adverse impacts to aquatic resources to the greatest extent practicable. The applicant proposes to purchase 3.27 wetland credits (2:1 compensation for impacts to 1.6 acres of palustrine forested wetlands and 1:1 compensation for impacts to 0.07 acres of palustrine emergent wetlands) and 256 stream credits (resource-based compensation for impacts to 194 linear feet of stream) from an appropriate mitigation bank, or in-lieu fee program to assure the unavoidable adverse impacts to aquatic resources do not result in significant environmental consequence. Additional adverse impacts to be constructed by others were authorized in conjunction with a subdivision known as River Mill (1.3 acres of palustrine forested wetlands, 1,787 linear feet of stream and 37 linear feet of ditch with appropriate compensation. Additional adverse impacts will be authorized to 0.41 acres of palustrine forested wetlands, 0.01 acres of palustrine emergent for the purpose of constructing a roundabout at Woodman and Greenwood roads to improve vehicular access. Permanent adverse impacts for Woodman Road, both existing and proposed, total about three acres of wetlands and 1,981 linear feet of stream.

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 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 that 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 people’s needs and welfare. 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 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 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 two known properties eligible for inclusion, or included in the National Register of Historic Places, are in the permit area (Site 043-5347 Richmond Ashland Trolley and Site 043-5108 Yellow Tavern Battlefield), and no adverse effects are anticipated. Additional information might change any of these findings.

For compliance with the Coastal Zone Management Act of 1972, as amended for projects 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 and obtain concurrence from the Department of Environmental Quality, Office of Environmental Impact Review. 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 at www.deq.virginia.gov/Programs/EnvironmentalImpactReview/FederalConsistencyReviews.aspx#cert. For more information or to obtain a list of Virginia Coastal Zone Management Program 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. They can be sent by email to elaine.k.holley@usace.army.mil and should be received by close of business March 7.

PRIVACY & CONFIDENTIALITY: Comments and information, including the submitter’s identity, 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 Elaine Holley at: 9100 Arboretum Parkway, Suite 235, Richmond, VA 23236; 804-323-3781 or elaine.k.holley@usace.army.mil.

Attachment: Drawings, Official Species List, Species Conclusion Table