US Army Corps of Engineers
Norfolk District

NAO-2008-00254

Published Aug. 16, 2019
Expiration date: 9/16/2019

Aug. 16, 2019
CENAO-WR-R
2008-00254, 19-V0029, 12-V1595

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

APPLICANT
Mr. Reginald Martin
Capital One Financial Services Inc.
4871 Cox Road
Glen Allen, Virginia

WATERWAY AND LOCATION OF PROPOSED WORK: The project contains about 75 acres of land and is located at 1401 Meadowville Parkway in Chesterfield County, Virginia. The site drains into Johnson Creek, a tributary to the James River.

PROPOSED WORK AND PURPOSE: The applicant proposes to discharge fill material in 2.56 acres of palustrine forested wetlands for the purpose of constructing an office building and attendant structures, including access roads and parking lots, to expand the existing on-site financial services call and data center. The project was previously reviewed by the U.S. Army Corps of Engineers and resource agencies, and a permit was issued April 18, 2013, for permanent impacts to 1.8 acres of palustrine forested wetlands. The applicant purchased 3.6 wetland-mitigation credits (2:1 compensation ratio for impacts to 1.8 acres of wetlands) from the Scandia Mitigation Bank in Henrico County. The permit expired April 18, 2018, before the project was constructed. Subsequently, a wetland delineation was performed, and additional wetlands were identified. The wetland-delineation changes account for the impact increase to wetlands from 1.8 acres to 2.56 acres. The proposed project layout was not changed. To mitigate for unavoidable adverse impacts to 2.56 acres of palustrine forested wetlands, the applicant proposes to apply the 3.6 previously purchased wetland credits and purchase 1.52 wetland credits (2:1 compensation ratio) from an appropriate mitigation bank to assure the individual and cumulative project effects are not significant on the environment. Previously authorized permanent impacts for the 1,136-acre Meadowville Technology Park are 3.7 acres of forested wetlands and 228 linear feet of stream channel.

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. It 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, wildlife and flood-plain values; flood hazards, land-use classification, navigation, shoreline erosion and accretion, recreation; water supply, conservation and 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 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 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, the environment 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 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 this notice date, stating specific reasons for holding it. The district commander will then decide if a hearing should take place.

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 to the listed northern long-eared bat under the Endangered Species Act of 1973. The Official Species List and Species Conclusion Table are attached for review and comment by the Fish and Wildlife Service; and (3) a survey was conducted and reviewed for National Historic Preservation Act compliance, with a no-effect determination. Additional information might change any of these findings.

For compliance with the Coastal Zone Management Act of 1972, as amended for Tidewater projects, 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. The Corps has not received applicant certification prior to this public notice publication. It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review for concurrence or objection, and proof must be submitted to the Corps before final permit issuance. A federal consistency certification template can be found at www.deq.virginia.gov/Programs/EnvironmentalImpactReview/FederalConsistencyReviews.aspx#certFor more information or to obtain a list of the Virginia Coastal Zone Management Program's enforceable policies, contact the Department of Environmental Quality's Office of Environmental Impact Review at 804-698-4330 or by e-mail: 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 or regular mail, addressed to: Norfolk District, Corps of Engineers Richmond Field Office, 9100 Arboretum Parkway. All comments should be received by close of business Sept. 16.

PRIVACY & CONFIDENTIALITY: Comments and information, including submitter identity, provided 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 the public notice cannot be maintained as confidential by USACE. 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 804-323-3781 or elaine.k.holley@usace.army.mil.

Attachment: Drawings, Official Species List, Species Conclusion Table