NAO-2006-7258/VMRC #2018-1729

Norfolk District, U.S. Army Corps of Engineers
Published Feb. 10, 2021
Expiration date: 3/11/2021

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


CFalls, LLC
Mr. Mitchell Bode
6912 Three Chopt Road
Richmond, Virginia 23226


WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located north of the Chickahominy River, west of Holly Hills Road, and south of Cedar Lane, Hanover County, Virginia.  The Chickahominy River is a tributary of the James River and the Chesapeake Bay.

PROPOSED WORK AND PURPOSE:  The applicant proposes to construct 117 single-family homes, roads, stormwater management facilities, and utilities to be known as Chickahominy Falls Section VIII on 59.85 acres.  The applicants’ stated purpose is to provide housing for a growing area of Hanover County.  The project will impact 0.29 acres of palustrine forested wetlands (PFO), 0.25 acres of palustrine scrub-shrub wetlands (PSS), 0.08 acres of palustrine emergent wetlands (PEM), and temporarily impact 0.002 acres of PEM.  The applicant demonstrated avoidance and minimization by avoiding large areas of wetlands and ensuring remaining wetlands will continue to receive hydrology inputs.  The applicant proposes to compensate for impacts to 0.29 acres of PFO by purchasing 0.58 wetland credits (2:1 ratio), 0.25 acres of PSS by purchasing 0.38 wetland credits (1.5:1 ratio), and 0.08 acres of PEM by purchasing 0.08 wetland credits (1:1 ratio) from the Virginia Aquatic Resources Trust Fund.

On May 2, 2017, the Corps authorized an off-site sewer line to serve the subdivision for impacts to 0.003 acres of PFO with compensation at a 1:1 ratio.  The Corps authorized Sections I and II on September 1, 2017 for impacts to 0.01 acres of PSS with compensation at a 1.5:1 ratio, impacts to 0.28 acres of PEM with compensation at a 1:1 ratio, and impacts to 223 linear feet of stream channel with 120 stream credits purchased for compensation.  Both the off-site sewer and Sections I and II have been constructed and compensation purchased.  The Corps authorized Section IV on November 19, 2018 to impact 0.82 acres of PFO with compensation at a 2:1 ratio, and conversion of 0.38 acres of PFO compensated at a 1.5:1 ratio. On November 26, 2019, the Corps authorized Section I, II, IV, and Remaining Phase I to impact 0.24 acres of PEM, 0.17 acres of PSS, 1.05 acres of POW and 159 linear feet of stream channel with compensation for impacts to 0.24 acres of PEM by purchasing 0.24 wetland credits (1:1 ratio), 0.08 acres of PSS by purchasing 0.12 wetland credits (1.5:1 ratio), and 0.09 acres of secondarily impacted PSS by purchasing 0.09 wetland credits (1:1 ratio) from the Virginia Aquatic Resources Trust Fund.  The applicant provided compensation for impacts to 159 linear feet of stream channel by purchasing 162 stream credits.  The Corps authorized improvements to Holly Hills Road on June 20, 2020 for impacts to 0.01 acres of PSS and 0.002 acres of PEM.  Compensation for these impacts was accomplished by purchasing 0.002 wetland credits for impacts to PEM (1:1 ratio) and 0.015 wetland credits for impacts to PSS (1.5:1 ratio). 

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.

A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s web-site. click here

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) the following historic resource eligible for inclusion or included in the National Register of Historic Places is near the permit area (043-5347-Richmond-Ashland Trolley Line), or would likely be affected by the proposal.  Additional information might change any of these findings. 

For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Virginia’s Coastal Zone , 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’s Coastal Zone Management Program (Virginia CZM Program), 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 OEIR 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 in the Federal Consistency Manual here: .  For more information or to obtain a list of the enforceable policies of the Virginia CZM Program, contact the DEQ-OEIR at (804) 698-4204 or e-mail:

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), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on March 11, 2021.

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

Ms. Julie S. Hamilton at (804) 436-4725.