July 16, 2024
CENAO-WRR
NAO-2001-02223
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
APPLICANT
HOFD Ashville Park, LLC & Ashville Park Owners Association
c/o Anthony Giacoia
L.M. Sandler & Sons, Inc.
448 Viking Drive, Suite 220
Virginia Beach, VA 23456
PROJECT LOCATION:
The project is located south of Sandbridge Road and north of Indian River Road between New Bridge Road and Princess Anne Road in Virginia Beach, Virginia.
PROJECT SIZE: 71 Acres
NEAREST WATERWAY: Wetlands that drain to Ashville Bridge Creek and Muddy Creek, which are tributaries to Bay Back.
LATITUDE AND LONGITUDE: 36.730787, -75.993884
PROJECT DESCRIPTION AND PURPOSE:
The applicant proposes to impact 0.40 acres of emergent wetlands, 0.68 acres of scrub/shrub wetlands, 0.12 acres of forested wetlands for grading associated with residential lot development in Village E and filling for an equestrian/pedestrian path at the existing, partially developed Ashville Park residential subdivision in Virginia Beach. The project purpose is to allow for the continued development of the previously authorized Village E and associated pedestrian and equestrian trails to complete the full build-out of the Ashville Park subdivision in accordance with the development’s revised plan and proffers.
The Corps originally authorized work on the Ashville Park subdivision in 2003 and extensive grading and other earthwork occurred on the site in 2006-2008; however, the subdivision was not completed. In 2012, the Corps issued a No Permit Required letter for the continuation of work. After the site conditions changed and the plans had been redesigned, the Corps determined that a permit was required, and the Corps authorized impacts to wetlands and waters associated with the continued development of Ashville Park subdivision and stormwater improvements on May 22, 2019. The applicant has constructed the stormwater ponds and the retrofitted stormwater channels and the applicant also completed the impacts associated with the conversion of a road stub into a parking area for trail access located in the former Village D. The Department of Army permit expired prior to the applicant completing the work associated with Village E and the equestrian/pedestrian path and the applicant is now requesting authorization to complete the work that was previously permitted in 2019.
AVOIDANCE AND MINIMIZATION:
The applicant originally avoided and minimized impacts onsite by eliminating Village D and redesigning and reducing Village E.
COMPENSATORY MITIGATION:
In 2020, the applicant purchased 1.98 credits from the Great Dismal Swamp Restoration Bank-Davis Bank Site for wetland impacts associated with the permit issued in 2019. The wetland impacts were compensated at a 1:1 ratio for emergent wetland impacts, 1.5:1 for scrub/shrub wetland impacts, and 2:1 for forested wetland impacts through the mitigation bank credits. All wetland compensation associated with the currently proposed wetland impacts has been completed.
The applicant has already obtained an Individual Section 401 Water Quality Certification from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated and that authorization is still valid.
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).
( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408 (Section 408)).
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:
There may be an effect to listed/proposed/candidate species and/or under the ESA of 1973. The U.S. Fish and Wildlife Service (FWS) Information and Planning and Consultation (IPaC) Official Species List and Species Conclusion Table are attached for review and comment by the FWS.
Additional information might change any of these findings.
HISTORIC AND CULTURAL RESOURCES:
Historic Resources potentially eligible for inclusion or included in the National Register of Historic Places (NRHP) are near the Corps permit area but would not 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/our-programs/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 and received a concurrence.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM:
The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 11, 2020, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the Virginia Department of Environmental Quality. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received a Department of the Army (DA) permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
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-WRR), 803 Front Street, Norfolk, VA 23510-1011, and should be received by the close of business on August 15, 2024.
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 Melissa Nash at melissa.a.nash@usace.army.mil or at 757-201-7489.
ATTACHMENTS: