Public Notice 2012-02369

Norfolk District, U.S. Army Corps of Engineers
Published April 1, 2020
Expiration date: 5/1/2020

April 1, 2020
2012-02369, 19-V2036                                                     

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

Mr. Doug Viets
Wegmans Food Markets, Inc.
P.O. Box 30844
Rochester, NY  14603-0844

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project contains approximately 217.4 acres of land and is located on the south line of Ashcake Road and the west line of Sliding Hill Road in Hanover County, Virginia.  The site drains to Kersey Creek and Totopotomoy Creek, tributaries to the Pamunkey River within the York River watershed.

PROPOSED WORK AND PURPOSE:  The Applicant proposes to discharge fill material   in 4.98 acres of palustrine forested wetlands, 0.23 acre of palustrine emergent wetlands, to otherwise adversely affect 0.91 acre of palustrine forested wetlands by dewatering and fragmenting, and to discharge fill material in 1,383 linear feet (0.14 acre) of ditches for the purpose of constructing buildings and attendant structures including access roads and parking lots to create a Wegmans Distribution Center for the purposes of industry and commerce.  The Applicant proposes that he has avoided and minimized adverse impacts to aquatic resources to the greatest extent practicable.  The Applicant proposes to purchase 12.01 wetland credits from (2 : 1 compensation for impacts to 5.89 acres of palustrine forested wetlands and 1 : 1 compensation for impacts to 0.23 acre of palustrine emergent wetlands) from the York River Wetland Mitigation Bank located in King William County to assure that the unavoidable adverse impacts to aquatic resources do not result in significant environmental consequence. 

The project will adversely affect Site 44HN0326, which is eligible for listing in the National Register of Historic Places.  The site is the remains of an early 19th century residence that was possibly associated with Merry Oaks Tavern. 

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 classification, 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 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 Northern long eared bat under the Endangered Species Act of 1973 and 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 compliance with the National Historic Preservation Act.  The project will adversely affect Site 44HN0326, remains of an early 19th century residence that was possibly associated with Merry Oaks Tavern.  Additional information might change any of these findings.

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 (VCZMP) and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). We have not received a certification from the applicant prior to publication of this public notice.  It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review for concurrence or objection and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found here: .  

For more information or to obtain a list of the enforceable policies of the VCMP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or by e-mail:,

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to , or by regular mail.  Comments may be addressed to the Norfolk District, Corps of Engineers Richmond Field Office 9100 Arboretum Parkway, Suite 235, Richmond, VA 23236 and should be received by the close of business on May 1, 2020.

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 Elaine Holley at (804) 323-3781, .

Attachment: Drawings, Official Species List, and Species Conclusion Table.