US Army Corps of Engineers
Norfolk District Website

NAO-2008-02007/ 20-V1244

Norfolk District, U.S. Army Corps of Engineers
Published March 19, 2021
Expiration date: 4/19/2021

March 19, 2021
CENAO-WR-R
NAO-2008-02007/ 20-V1244

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

APPLICANT
KempDel, Inc.
c/o Mr. George Kemp
2312 Croix Drive
Virginia Beach, VA 23451

Rixre 2, LLC
c/o Craig Reilly
820 West 51st Street
Norfolk, VA 23501

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located along a tributary to West Neck Creek, which is a tributary to the North Landing River, north of Nimmo Parkway and west of Hunter’s Run in Virginia Beach, Virginia.

PROPOSED WORK AND PURPOSE: The applicant proposes to permanently impact 7.81 acres of forested wetlands and temporarily impact 0.22 acres of forested wetlands for the construction of residential lots, roadways, a bridge, stormwater management pond, and floodplain mitigation for Nimmo Quay, a 130-lot residential subdivision, on a 113 acre site north of Nimmo Parkway at its intersection with Seaboard Drive in Virginia Beach, VA.  The work is shown on the drawing entitled "Figure 6 - Overall Site Plan - Wetland Impacts, Nimmo Quay, Virginia Beach, VA,” with details shown on “Figures 6a-6f-Nimmo Quay, Virginia Beach, VA,” dated Feb 11, 2021 by Stokes Environmental Associates, LTD.  The Joint Permit Application and its associated attachments can be found on the VMRC Applications website:  JPA 2020-1244.

The subdivision would occur within a 44.85-acre portion of the 113-acre site.  The applicant proposes to set aside a 41-acre conservation area to be dedicated to the City of Virginia Beach and another 25-acre area to be dedicated to the Homeowners Association.  As compensatory mitigation for impacts to 7.75 acres of forested wetlands, the applicant proposes to mitigate at a 2:1 ratio and for bridge shading impacts to 0.06 acres, the applicant proposes to mitigate at a 0.5:1 ratio.  Therefore, the applicant proposes to purchase 15.53 credits from an approved mitigation bank.  The stated purpose of the project is to provide housing in Virginia Beach where there is an observed demand for housing in the $525,000 range for buyers who need 3-4 bedrooms and 2.5 baths.      

The Nimmo Quay residential subdivision was previously permitted in 1998, 2003, and 2015, but has not been constructed.  The general concept for development has not changed since 1998; however, the applicant proposed a reduction in building lots, which reduced the wetland impacts from 10.78 acres in 1998, 7.2 acres in 2003, and then 4.4 acres in 2015.  After review by the City of Virginia Beach, the applicant was required to reconfigure the stormwater management plans and construct floodplain mitigation, which is also designed to hold a portion of the onsite stormwater.  The applicant was also required to reconfigure the entrance road and align it with the intersection of Seaboard Road and Nimmo Parkway.  The formerly proposed entrance road was not removed, but has been designed as an emergency, secondary entrance. The Corps authorized 4.4 acres of impacts for this subdivision in 2015 and the proposed impacts have increased by 3.14 acres with the current proposal. The majority of the additional wetland impacts proposed are due to the floodplain mitigation and the realigned entrance road.  See “Additional Drawings” for details.     

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, 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; (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area; however, 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: https://www.deq.virginia.gov/permits-regulations/environmental-impact-review/federal-consistency .  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: bettina.rayfield@deq.virginia.gov.

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to melissa.a.nash@usace.army.mil, 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 April 19, 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 Melissa Nash at 757-201-7489.

Attachment: Drawings