Published March 20, 2019
Expiration date: 4/19/2019

March 20, 2019
NAO-2011-01351 19-V0130

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

Capital One Services
15070 Capital One Drive
Richmond, VA 23238

WATERWAY AND LOCATION OF PROPOSED WORK: The project is located within an established business park known as West Creek, north of Route 6, west of Route 288 and south of Tuckahoe Creek Parkway in Goochland County, Virginia. The site drains into Broad Branch, a tributary to Tuckahoe Creek, which drains into the James River.

PROPOSED WORK AND PURPOSE: The applicant proposes to continue construction of an established office campus totaling about 286 acres. Campus development began in 2000 and was initially authorized by an ASP#18 and later by Corps Individual Permit #2011-1351. The Corps Individual Permit authorized impacts to 0.57 acres of forested wetlands, 0.09 acres of emergent wetlands and 784 linear feet of stream channel. The Corps Individual Permit expired Dec. 23, 2016, and certain impacts were not taken prior to the permit expiration date. The applicant is seeking reauthorization to impact 579 linear feet of stream channel and 0.11 acres of forested wetlands (the projects will also impact 0.18 acres of non-jurisdictional wetlands). These impacts are for construction of office space, road crossing, and associated erosion and sediment-control measures. Previously authorized impacts were mitigated by creating and preserving wetlands and streams on site.

The applicant is also seeking authorization to impact 0.01 acres of emergent wetlands and 0.12 acres of open water, as well as temporarily impact 0.003 acres of emergent wetlands and 25 linear feet of stream channel for construction of a parking deck, underground stormwater-detention system and water line. The applicant proposes to mitigate the new proposed impacts by purchasing 0.01 wetland credits from a mitigation bank authorized to sell them within hydrologic unit code 02080205. The applicant indicated the new impacts have been minimized by choosing a parking deck design rather than a parking lot.

Total cumulative impacts for West Creek Business Park are about 14.8 acres of wetlands and 1,952 linear feet of streams.

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 a probable-impact evaluation, 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, 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 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 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. They 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: (1) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process, there may be an effect on the 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. They can be sent by email to or regular mail, addressed to: Norfolk District, Army Corps of Engineers (ATTN: CENAO-WR-R), 803 Front St., Norfolk, VA 23510-1011. All comments should be received by close of business April 19, 2019.

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 Silvia Gazzera at or 804-212-6817.

Attachment: drawings, Species Conclusion Table