Published Sept. 18, 2020
Expiration date: 10/18/2020

Sept. 18, 2020

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

Gordon T. Cudd Construction Inc.
4225 Murray Place
Lynchburg, Virginia 24501

WATERWAY AND LOCATION OF PROPOSED WORK: The proposed work is planned on 17 acres of land near Rugby Lane in Lynchburg, Virginia. The site drains into Flat Creek and then the Roanoke River, a navigable water of the U.S.

PROPOSED WORK AND PURPOSE: The project purpose is to construct a 139-townhome community. The applicant proposes to discharge fill material into 263 linear feet of intermittent stream channel and 35 square feet of palustrine forested wetlands for the purpose of installing road crossings and lot development. The stream impacts are minimal, and the applicant applied for verification of a U.S. Army Corps of Engineers Nationwide Permit.

Under Section 106 of the National Historic Preservation Act, the Corps is required to consider the effects of permitted actions on historic properties. A Phase 1 architectural study was conducted and submitted to the Virginia Department of Historic Resources. In a letter dated Nov. 26, 2019, VDHR recommended the Blankenship House (DHR Inventory No. 015-0163) is eligible for listing in the National Register of Historic Places under Criterion C. The Blankenship House is currently proposed for demolition in order to construct the townhome development.

In consultation with VDHR, the Corps has determined the undertaking will adversely affect the Blankenship House. Further consultation will be required to seek ways to mitigate the adverse effects. Individuals and organizations with an interest in the project are invited to participate in this consultation. U.S. Army Corps of Engineers Norfolk District, the Virginia Department of Historic Resources, permittee and other consulting parties propose to enter into a memorandum of agreement under Section 106 of the National Historic Preservation Act.

In addition to the required Department of the Army permit, the applicant may need to 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 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 impacts.

Preliminary review indicates: (1) no Environmental Impact Statement will be required; (2) no species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; (3) the project will result in an adverse effect as noted above. Additional information might change any of these findings.

COMMENT PERIOD: Comments on this project should be made in writing via email or regular mail, addressed to: Norfolk District, Corps of Engineers (ATTN: Charlottesville Field Office), 920 Gardens Blvd., Suite 103-B, Charlottesville, VA 22901. All comments should be received by close of business Oct. 18.

If you have questions about this project or the permit process, contact Vincent Pero at 757-297-0011 or


Vincent D. Pero
Western Virginia Regulatory Section

Attachment: Drawings