NAO2018-02108 (Commons Road (SR606), King William, Virginia)

U.S. Army Corps of Engineers Norfolk District
Published Nov. 23, 2022
Expiration date: 12/23/2022

CENAO-WRR-N                            November 23, 2022

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

Kennington Place, LLC
9245 Shady Grove Road, Suite 200
Mechanicsville, VA 23116

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located on the east line of Commons Road (SR 606) generally north of Venter Road, in King William County, Virginia.  The approximately 78-acre site drains into a tributary to Aylett Creek, which drains into the Mattaponi River. A vicinity map is attached.

LATITUDE AND LONGITUDE: 37.76678; -77.127352

PROPOSED PROJECT:  The applicant proposes to construct Section 2B of a residential development. The project would include the construction of 60 lots, roads, and associated utilities. The project would permanently impact 285 linear feet of stream channel and 0.45 acre of palustrine forested wetlands (PFO); convert 0.15 acre of PFO to emergent wetlands; and temporarily impact 52 linear feet of stream channel. 

PROJECT PURPOSE AND NEED:  The applicant’s stated purpose is to provide housing in a fast-growing area of King William County.  

AUTHORITY: Permits for the work in waters, including 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 NHPA 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 NHPA, the Corps 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.  The Corps is requesting comments 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 Corps identified historic properties within the Corps permit area. The applicant conducted a Phase II Archeological Evaluation Survey entitled “Phase II Archeological Evaluation of Site 44KW0334”, dated August 2022, and prepared by Dutton and Associates, LLC.  The cultural resources survey and report are a reasonable and good faith effort to identify historic properties.  The survey identified site 44KW0334 eligible for listing on the National Register of Historic Places.

ADVERSE EFFECT DETERMINATION:  In consultation with the State Historic Preservation Office, and in consideration of views concerning effects provided by consulting parties, the Corps applied the criteria of adverse effect to historic properties within the permit area.  The Corps determines that the proposed federal action would result in an adverse effect on site 44KW0334.  The Corps 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 Corps, the 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 NHPA.  

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-WRR), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on December 23, 2022.

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
Dr. Silvia B. Gazzera at (804)212-6817or by email

Vicinity Map
Project Drawings