US Army Corps of Engineers
Norfolk District

2002-02938

Norfolk District, U.S. Army Corps of Engineers
Published Sept. 8, 2019
Expiration date: 10/7/2019

September 6, 2019

CENAO-WR-R
NAO-2002-02938

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

APPLICANT
Spring Creek Land Development, LLC
Attn: Dan Girouard
181 Clun House Way
Zion Crossroads, Virginia 22942

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in the northwest quadrant of the Interstate 64 and Route 25 interchange (Exit #136) near Zion Crossroads in Louisa County, Virginia.  Within the project boundaries are the Spring Branch tributary and tributaries to the South Anna River and the Pamunkey River.

PROPOSED WORK AND PURPOSE:  The applicant proposes to complete construction of a 350 acre mixed use residential/commercial development.  The 350 acre site is part of a larger 981 mixed used development, with golf course, that was previously permitted by the Corps of Engineers - Norfolk District (COE) on July 1, 2003. That permit has expired and the applicant would like authorization to complete the previously permitted work, with some revisions.  The applicant has reviewed both offsite and onsite alternatives, reviewed opportunities for avoidance and minimization of impacts to Waters of the US and will compensate for all unavoidable impacts.  The applicant proposes to compensate for the remaining impacts through the purchase of wetland and stream credits from existing mitigation banks and as approved by the COE.

Impacts associated with the final phases of construction, to include associated infrastructure, will result in permanent impacts to 0.50 acre of palustrine forested wetland (PFO) and 1,186 linear feet of stream channel, conversion impacts to 0.47 acre of PFO and temporary impacts to 0.10 acre of palustrine emergent wetland (PEM) and 391 linear feet of stream channel.

Total impacts for all phases of the entire 981 acre mixed use site will result in permanent impacts to 3.38 acre of PFO, 4,815 linear feet of stream channel, conversion impacts to 1.89 acre of PFO and temporary impacts to 0.09 acre of PEM and 391 linear feet of stream channel.  The majority of these impacts have been completed and stabilized under the previous permit authorization.

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, the COE has determined 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) known properties eligible for inclusion or included in the National Register of Historic Places are in/near the permit area therefore additional coordination will be submitted directly to the State Historic Preservation Office (SHPO) for review.  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 anna.r.lawston@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers, Attn: The Warrenton Field Office, Po Box 578, Amissville, Virginia 20106, and should be received by the close of business on October 7, 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, please contact Ms. Anna Lawston in the Warrenton Field Office at PO Box 578, Amissville, Virginia 20106, at (540) 764-4459 or anna.r.lawston@usace.army.mil. 

Attachment: Drawings