Norfolk District, U.S. Army Corps of Engineers
Published May 12, 2020
Expiration date: 6/11/2020


May 12, 2020

The District Commander has received a joint application for Federal and State permits as described below:
APPLICANT: Bryan’s Cove Developers
ATTN: Jeff Smerko

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in waters/wetlands adjacent to an unnamed tributary of Deep Creek, within the Bryan’s Cove Development located at 1800 Shipyard Road, Chesapeake, Virginia.

PROPOSED WORK AND PURPOSE: The applicant proposes to fill 0.56 acres of non-tidal forested wetlands within three impact areas (Impact Areas S, T and U) to expand the existing Bryan’s Cove residential development. The proposed impacts include:

Impact Area S-0.506 acres for residential building pad fill slope and utilities
Impact Area T-0.042 acres for residential building pad fill slope and utilities
Impact Area U-0.010 acres for stormwater outfall

Previous permits issued for this project include a 17-SPGP-01 (State Program General Permit) for 0.97 acres of fill in waters/wetlands for various activites associated with the initial phase of the development, a Nationwide Permit Number 7 for outfall structure riprap in tidal wetlands (639 square feet) and an 18-RP-18 for a community overlook pier. The cumulative wetland/water impacts currently proposed exceed the acreage threshold of Norfolk District’s general permits and must be reviewed as a standard permit. The applicant’s avoidance and minimization statement is included on page 2 of the letter associated with the permit application (link to permit application provided in the paragraph below). In summary, the application states the following regarding avoidance and minimization: Large, contiguous areas of wetlands have been avoided on the overall 144-acre parcel. The new impact areas are located at the site of a former, recently vacated communications tower which has opened additional uplands for development. Impact Area S is proposed for impacts as it is a wetland peninsula surrounded by uplands, and avoidance of wetland impacts is impractical. Impact Area S may be affected by secondary impacts if not filled. Impact Area T is required to install storm drains and grading for a road and parking areas, and the larger wetlands to the south were avoided. Impact U impacts a small wetland tip and is required for the alignment of storm drains behind upland residential units, and avoids the same large wetlands as Impact Area T. The applicant proposes to compensate for the wetland impacts by purchasing 1.12 credits (2:1 ratio) from an approved wetlands migitation bank within the 02080208 HUC.

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. The entire permit application is available on the Virginia Marine Resources Commission website address: 0-0688&s_LastName=&DateReceived_start=2020-01-01&DateReceived_end=2020-0506&s_LocalityCode=&s_WaterwayCode=&s_Status=&s_LWBCM=&BeachNourishment =0&Boatramp=0&Boatslips=0&BoatHouse=0&Bridge=0&Breakwater=0&Bulkhead=0&B ulkheadMaintenance=0&CrabPound=0&ChannelModif=0&OverheadCrossing=0&Subaq ueousCrossing=0&ShellfishAquaculture=0&marshtoeStr=0&groinfillStr=0&gabionStr=0& sillfillStr=0&Culvert=0&DredgingNew=0&DredgingMaintenance=0&Groin=0&Jetty=0&M ooring=0&Pier=0&Railway=0&Riprap=0&RiprapMaintenance=0&RoofedStructure=0&Sil l=0&livingStr=0&bioStr=0&breakwtrStr=0&coreStr=0&fillplantStr=0

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 Northern Long Eared Bat may be affected, but the 4(d) key was completed and no further coordination with the Fish and Wildlife Service is required 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. A Phase I Cultural Resources Survey was conducted on the entire Bryan’s Cove development site and a report was prepared in November, 2016 by Circa Cultural Resources Management, LLC. No isolated finds, new archeological resources or architectural resouces were identified. One previously recorded archeological site, 44CS0319, was relocated, but determined ineligible for the National Register of Historic Places by the Corps and the Virginia Department of Historic Resources. National Historic Preservation Act Section 106 coordination for the 17-SPGP-01 permit in 2017 resulted in a finding of No Historic Properties Affected. 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 (VCP) 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: Reviews.aspx#cert . For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: or

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, George Janek), 803 Front Street, Norfolk, Virginia 23510-1011, and should be received by the close of business on June 11, 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 George Janek at or 757-201-7135.


  • Drawings
  • Official Species List (OSL)
  • Species Conclusion Table (SCT)
  • Northern Long-eared Bat (NLEB) IPac Key Results