NAO-2006-7853, 16-V0777

Published July 9, 2019
Expiration date: 8/8/2019

July 9, 2019
NAO-2006-7853, 16-V0777

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

6801 Woolridge Road-Moseley LP
180 Glastonbury Boulevard
Glastonbury, Connecticut 06033

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project site is approximately 600 acres and is generally located south of Duval Road, north of Route 360, west of Otterdale Road, in Chesterfield County, Virginia. The project site drains into Blackman Creek, a tributary to Swift Creek, which drains into the Appomattox River, a tributary to the James River.

PROPOSED WORK AND PURPOSE: The applicant proposes to discharge fill material in 0.06 acre of forested wetlands, 1,877 linear feet of stream channel, to temporarily impact 99 linear feet of stream channel, and to permanently convert 0.02 acre of forested wetlands to emergent wetlands, to continue construction of Phase III of a mixed-use development known as Magnolia Green. The proposed impacts are for the construction of a new residential section (approximately 43 acres in size and consisting of 87 residential lots), minor adjustment to road and utility alignments and design refinement of previously authorized impacts. The impacts are depicted on the map prepared by Timmons Group entitled “ Magnolia Green Phase III, Chesterfield County, Virginia, Impacts Map, Major Modification 2” dated January 23, 2019 and last revised on May 24, 2019.

The applicant has indicate that impacts to wetlands and streams have been avoided and minimized to the maximum extent practicable by designing lot lines outside wetlands and streams and by designing road and utility crossings as perpendicularly as possible to the aquatic resources. To mitigate for the proposed impacts the applicant will purchase 0.15 wetland credit and 2046 stream credits from a mitigation bank(s) authorized the sell credits within the 02080207 Hydrologic Unit Code.

Total Cumulative Impact for Phase III of Magnolia are: 0.52 acre of permanent wetland impacts, 0.09 acre of wetland conversion, 3,784 linear feet of stream impact, and 130 linear feet of temporary stream impacts.

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. 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 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) A Programmatic Agreement has been developed for the Magnolia Green development.

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). The applicant has received the concurrence from DEQ.

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 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 August 8, 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
Silvia Gazzera, or (804) 212-6817.

Attachment: Drawing, Species Conclusion Table, Official Species List.