April 22, 2022
CENAO-WRR-S
NAO-2016-01624; 96-E605; 20-V0285; 21-V2314
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
APPLICANT:
Ms. Laney Marinich
Quality Investments Richmond, LLC
12851 Foster Street, Suite 205
Overland Park, KS 66213
PROJECT LOCATION: The proposed project is located at 6000 Technology Boulevard in the Sandston Area of Henrico County, Virginia. The site is located within White Oak Technology Park.
PROJECT SIZE: The project is proposed on an 80-acre portion of a 210-acre site.
NEAREST WATERWAY: White Oak Swamp Creek
LATITUDE AND LONGITUDE: 37.48666 latitude and-77.24098 longitude
PROJECT DESCRIPTION AND PURPOSE: The site is located within White Oak Technology Park (formerly known as “Elko”). The park is partly developed. A 130-acre portion of the 210-acre site was the first development constructed within the park. The Norfolk District authorized permanent impacts to 6.043 acres of palustrine forested wetlands with a Nationwide Permit Number 26 to build out and use the 210-acre QTS site formerly known as “Project Snowdrop/Motorola-Siemens/Infinion.” The initial development included off-site access roads and utilities with permanent impacts to 3.803 acres of off-site palustrine forested wetlands. The Norfolk District authorized permanent impacts to 2.20 acres of palustrine forested wetlands on the 210-acre QTS site, but 0.04 acre of palustrine forested wetland impacts were avoided. Existing impacts for the project within the 210-acre boundary total 2.16 acres of palustrine forested wetlands, which were located on the 130-acre part. Construction is ongoing at the remaining 80-acre portion of the site. A State Programmatic General Permit (SPGP) was verified to authorize permanent impacts to 0.36 acre of palustrine forested wetlands (0.13 acre of forested wetland fill and 0.23 acre of forested wetlands conversion), and appropriate mitigation was provided.
The applicant proposes to discharge fill material in an additional 1.78 acres of palustrine forested wetlands to construct buildings and attendant structures on the remaining 80-acre portion of the site to expand an existing data center for industrial use. The applicant also seeks reauthorization to discharge fill material in 0.36 acre of palustrine forested wetlands, though only conversion was previously proposed for a 0.23-acre part of the impact (SPGP) to construct certain structures attendant to the development for the purpose of industry. Permanent palustrine forested wetland impacts for the build-out of the 80-acre portion of the site would total 2.14 acres. Approximately 8.143 acres of palustrine forested wetlands, both existing and proposed, would be permanently impacted by the build-out of the 210-acre site, both on and off-site.
AVOIDANCE AND MINIMIZATION: The Applicant sited and clustered the proposed construction, in accordance with local and state requirements, adjacent to the existing development thereby avoiding impacting aquatic resources located around the perimeter of the site. The Applicant proposes that he avoided and minimized adverse impacts to aquatic resources to the greatest extent practicable.
COMPENSATORY MITIGATION: The Applicant has provided 0.49 wetland credits (SPGP). The Applicant proposes to purchase an additional 3.79 wetland credits (1 : 1 compensation for impacts to 0.23 acre of palustrine forested wetlands, which was previously mitigated at a 1 : 1 ratio, and 2 : 1 compensation for impacts to 1.78 acres of palustrine forested wetlands) from an appropriate wetland mitigation bank to ensure that the unavoidable adverse impacts to aquatic resources do not result in significant environmental consequence.
In addition, the applicant must obtain an Individual Section 401 Water Quality Certification or waiver 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 website: https://webapps.mrc.virginia.gov/public/habitat/getPDF.php?id=20212314.
AUTHORITY:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(x) Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
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 (EIS) pursuant to the National Environmental Policy Act. Preliminary review of the application indicates that no EIS will be required.
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.
ENDANGERED SPECIES: After conducting the Norfolk District Endangered Species Act (ESA) Project Review Process, the Corps has made the preliminary determination that the Northern long-eared bat may be affected, but the FWS Information and Planning and Consultation (IPaC) 4(d) determination key was completed and no further coordination with the FWS is required. Additional information might change any of these findings.
HISTORIC AND CULTURAL RESOURCES: No known Historic Resources eligible for inclusion or included in the National Register of Historic Places (NRHP) are in or near the Corps permit area or would likely be affected by the proposal. Additional information may change any of these findings.
ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). There is no EFH in the Corps area of responsibility.
VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: 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). 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) 659-1915 or e-mail: bettina.rayfield@deq.virginia.gov. The applicant has submitted concurrence.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: The applicant must obtain, from the Virginia DEQ, a Clean Water Act Section 401 Water Quality Certification for any federal license or permit that authorizes an activity that may result in a discharge into waters of the U.S. (40 CFR Part 121). As the Certifying Authority, the Virginia DEQ may grant, grant with conditions, or deny a certification request. Alternatively, the Virginia DEQ may waive, expressly or implicitly, its authority to act on a certification request. In either case, a written notice of waiver from DEQ (expressly waived) or from the Corps (implicitly waived), satisfies the project proponent’s requirement to obtain certification.
Pursuant to 33 CFR 325.2(b)(1)(i), this Public Notice serves as the Corps’ CWA § 401(a)(2) notification to the Administrator of the Environmental Protection Agency (EPA). Pursuant to 40 CFR 121.11-13, the EPA shall notify the Corps, the Virginia DEQ, and the applicant, within 30 days of receipt of the application and certification, if the Regional Administrator determines that the proposed discharge may affect the quality of the waters of any neighboring jurisdiction.
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: CENAO-WRR), 9100 Arboretum Parkway, Suite 235, Richmond, VA 23236 803 Front Street, and should be received by the close of business on May 20, 2022.
PRIVACY AND 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. Elaine Holley, elaine.k.holley@usace.army.mil, (804) 994-7662.
Attachments: Vicinity Map; Project Drawings; ESA Information.