US Army Corps of Engineers
Norfolk District Website

NAO-2008-00254

Published June 10, 2020
Expiration date: 7/11/2020

June 10, 2020
CENAO-WR-R
NAO-2008-00254, 19-V0029, 16-V0731, 12-V1595

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

APPLICANT
Mr. Garrett Hart
Chesterfield County Economic Development Authority
9401 Courthouse Road, Suite B
Chesterfield, Virginia  23832

WATERWAY AND LOCATION OF PROPOSED WORK: The site is a linear corridor containing approximately 13.3 acres of land within Meadowville Technology Park, a larger single and complete project. The site is located along the north line of Bermuda Hundred and east line of Interstate 295 in Chesterfield County, Virginia. The site drains into Johnson Creek within the James River watershed.

PROPOSED WORK AND PURPOSE: The permittee proposes to modify his previously authorized project to discharge fill material on 9.9 acres of palustrine wetlands and 84 linear feet of streambed. The site is mostly developed, and 9.25 acres of wetlands have been filled with appropriate compensatory mitigation. No streambeds have been filled. The permittee requests authorization to discharge fill material in an additional 0.5 acres of palustrine forested wetlands, 0.01 acres of palustrine emergent wetlands and 70 linear feet of streambed to construct a road to be known as “Digital Drive” for the purpose of access. The increase in wetland impacts is attributed to additional wetlands identified in the last delineation, refined construction plans (conceptual vs. actual impacts) and a redesign of Digital Drive. Previously authorized impacts plus additional impacts for this part of the project total 1.22 acres of palustrine forested wetlands, 0.01 acres of palustrine emergent wetlands and 159 linear feet of streambed. The permittee proposes that he has avoided and minimized impacts to aquatic resources to the greatest extent practicable. The individual proposes to compensate for unavoidable additional impacts by purchasing 1.01 wetland credits (2:1 ratio for impacts to 0.5 acres of palustrine forested wetlands, 1:1 compensation for impacts to 0.1 acres of palustrine emergent wetlands and 73 USM stream credits for impacts to 70 linear feet of streambed) from an appropriate mitigation bank to assure the project does not result in significant environmental consequence.

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 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, navigation, shoreline erosion and accretion, recreation; water supply, conservation and quality; energy and mineral needs, safety, food and fiber production, 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 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 proposed activity’s direct, indirect and cumulative impacts. 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 general 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 overall public interest in 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 Norfolk District’s 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; (3) a survey was conducted and reviewed for compliance with the National Historic Preservation Act 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’s 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#cert. For 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 email 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 July 11.

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 questions about this project or the permit process, contact Elaine Holley at 804-323-3781 or elaine.k.holley@usace.army.mil.

Attachments: Drawings, Impact Table, Official Species List, Species Conclusion Table