Norfolk District, U.S. Army Corps of Engineers
Published June 28, 2019
Expiration date: 7/19/2019

June 19, 2019

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

Joe & Margaret Dickinson
4210 Birch Creek Trail
Winston-Salem, NC 27106

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located on a 101.731-acre parcel along the north side of Lone Ivey Road (SR 613), south of the community of Woolwine in Patrick County, Virginia.  The project area includes adjacent wetlands and unnamed tributaries to the Smith River, a Navigable Water of the U.S., which flows into Philpott Lake and the Dan River. 

PROPOSED WORK AND PURPOSE:  The applicant proposes to construct a 2.8-acre pond for private recreational use. The construction of the dam and subsequent water impoundment would result in permanent impacts to 515 linear feet of stream channel and 0.76 acres of wetlands.  The applicant proposes to compensate for waters and wetland impacts by purchasing credits at an approved mitigation bank.  

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 the project does not violate applicable laws and regulations pertaining to water quality.  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, 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 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, or by regular mail, addressed to the U.S. Army Corps of Engineers (ATTN:  Todd Miller), 9100 Arboretum Pkwy, Ste 235, Richmond, Virginia  23236, and should be received by the close of business on July 19, 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 Mr. Todd Miller at the email or address listed above.

Official Species List
Species Conclusion Table
Location Maps