NAO-2021-03080; VMRC 22-V0932 (Washington DC-Richmond area corridor)

Norfolk District, U.S. Army Corps of Engineers
Published May 11, 2022
Expiration date: 7/13/2022

May 11, 2022 
CENAO-WRR
NAO-2021-03080; VMRC 22-V0932

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

APPLICANT
Kalahari Virginia, LLC
1305 Kalahari Drive
Wisconsin Dells, WI 53965

PROJECT LOCATION:  West of I-95, east of Route 1, generally south of Thornburg, in Spotsylvania County, Virginia

PROJECT SIZE: Approximately 140 acres.

NEAREST WATERWAY: Matta River.

LATITUDE AND LONGITUDE: Lat 38.12111; Long -77.519444

PROJECT DESCRIPTION AND PURPOSE:  The applicant has proposed to construct a resort and convention center along the Washington DC-Richmond area corridor. The proposed project would include outdoor and indoor water parks, convention center, hotel, storm water management structures, outdoor pool/amenity area, maintenance building, employee housing, internal roads, and parking. The project would permanently impact 0.04 acre of palustrine forested wetlands; 0.01 acre of palustrine scrub/shrub wetlands; 0.56 acre of palustrine emergent wetlands; 0.65 acre of open water; and temporarily impact 1.57 acres of open water.

AVOIDANCE AND MINIMIZATION:  The applicant has evaluated alternative sites and alternative layouts for the proposed project. These alternatives are discussed in the Joint Permit Application and are under review. The Corps will issue a permit for the proposed project only if all wetland and stream impacts have been avoided and minimized to the maximum extent practicable.

COMPENSATORY MITIGATION: The applicant has proposed to purchase 0.66 wetland credits from the New Kent Environmental Bank or from the Virginia Aquatic Resources Trust Fund if bank credits are no longer available.

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 (here).

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 not 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 121.12, 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 silvia.b.gazzera@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WRR), 803 Front Street, Norfolk, VA  23510-1011, and should be received by the close of business on June 13, 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 Dr. Silvia B. Gazzera at (804) 212-6817 or at silvia.b.gazzera@usace.army.mil.

Attachments:
Project Drawings
FWS Species List
Species Conclusion Table