CENAO-WRR 2009-02094, 20-V2189

U.S. Army Corps of Engineers Norfolk District
Published May 18, 2021
Expiration date: 6/3/2021

CENAO-WRR 2009-02094, 20-V2189


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

Mr. J. Mark Shapland
Becknell Services, LLC
120 East Burlington Avenue
La Grange, IL 60525

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located on a site known as “Camptown Races” containing approximately 197 acres of land located on the east line of Elletts Crossing Road, the north line of Hickory Hill Road, and the west line of Interstate Route 95 in Hanover County, Virginia.  The site drains to the South Anna River, a tributary to the Pamunkey River within the York River watershed.  A vicinity map is attached.

PROPOSED PROJECT:  The applicant proposes to discharge fill material in 0.37 acre of palustrine forested wetlands, 0.49 acre of palustrine emergent wetlands and 1045 linear feet of streambed (0.08 acre) to construct a Lowes distribution center and attendant features for the purposes of industry and commerce.  The Applicant proposes that he has avoided and minimized adverse impacts to aquatic resources to the greatest extent practicable.  The Applicant purchased 1.23 wetland credits (2 : 1 compensation for impacts to 0.37 acre of palustrine forested wetlands and 1 : 1 compensation for impacts to 0.49 acre of palustrine emergent wetlands) and 909 stream credits (compensation for impacts to 1,045 linear feet of streambed) from the New Kent Environmental Bank located in New Kent County to assure that the unavoidable adverse impacts to aquatic resources do not result in significant environmental consequence. 

AUTHORITY:  Permits for the work in waters and wetlands are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217).  The Corps must comply with the National Historic Preservation Act (NHPA) (54 U.S.C. § 306108), 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits.

PURPOSE OF PUBLIC NOTICE:  In compliance with regulations implementing Section 106 of the National Historic Preservation Act (NHPA), the Norfolk District is soliciting comments on the proposed project from the public; Federal, state, and local agencies and officials; Native American Tribes; and other interested parties.  This public notice provides an opportunity for members of the public to express their views on the undertaking’s effects on historic properties and resolution of adverse effects.  Comments are requested to assist in evaluation of the effects of the project on historic properties and evaluation of alternatives or modifications which could avoid, minimize or mitigate adverse effects on historic properties.

Historic Property Identification:   The Norfolk District, Regulatory Branch identified historic properties within the USACE permit area.  The project will adversely affect Greymont, Site 042-5235, an early 20th century rural estate, which is eligible for listing in the National Register of Historic Places. 

ADVERSE EFFECT DETERMINATION:  In consultation with the SHPO, the USACE applied the criteria of adverse effect to historic properties within the permit area.  The USACE determined that the proposed federal action would result in an adverse effect on Greymont, Site 042-5235. The USACE is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties.  The US Army Corps of Engineers (Norfolk District), Virginia Department of Historic Resources, the permittee and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the National Historic Preservation Act.    

COMMENT PERIOD:  THIS IS A FIFTEEN DAY COMMENT PERIOD.  Comments on this project should be in writing and can be sent by either email to elaine.k.holley@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: Elaine Holley), 9100 Arboretum Parkway, Suite 235, Richmond, VA 23236 and should be received by the close of business on June 3, 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 Elaine Holley at 804 323 3781 or by email (preferred) at elaine.k.holley@usace.army.mil.

Attachments:  Vicinity Map; Project Drawing; ESA Information.