FEDERAL PUBLIC NOTICE
The District Commander has received a joint application for Federal and State permits as described below:
APPLICANT
Babcock, LLC
Attn: Robert Babcock
11533 Nuckols Road, Suite C
Glen Allen, Virginia 23059
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located along an unnamed tributary of Little Tuckahoe Creek a tributary to Tuckahoe Creek and the James River, to the west of Pouncey Tract Road (Rt. 271) and south of Kain Road, in Henrico County, Virginia.
PROPOSED WORK AND PURPOSE: The applicant proposes to construct a mixed use development to include multi-family and single family housing developments along with roads and utility servitudes. In addition the applicant also seeks to construct a thoroughfare to connect North Gayton Road to Pouncey Tract Road that would run through the development. Total impacts to waters of the U.S. including wetlands would be 2.757 acres. The applicant has proposed to compensate for aquatic resource losses by purchasing credits at an approved wetland mitigation bank within the same watershed.
In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated and a permit from the Virginia Marine Resource Commission. Project drawings are attached.
AUTHORITY: Permits are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.
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 classification, 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 pursuant to the National Environmental Policy Act. 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.
Preliminary review indicates that: (l) no environmental impact statement will be required; (2) species plant (or their critical habitat) is listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) and could be affected; and (3) Unevaluated properties potentially eligible for inclusion in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal. Additional information might change any of these findings. For compliance with the Coastal Zone Management Act of 1972, as amended, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal zone (Tidewater) will be conducted in a manner consistent with the Virginia Coastal Resources Management Program (VCP). For more information or to obtain a list of the enforceable programs of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: elirons@deq.virginia.gov.
COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WR-R), 9100 Arboretum Parkway, Ste 235, Richmond, Virginia 23236, and should be received by the close of business on October 9, 2012.
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
Mr. Todd Miller at 804-323-3782 or todd.m.miller@usace.army.mil.
FOR THE DISTRICT COMMANDER:
Lynette R. Rhodes
Chief, Southern Virginia
Regulatory Section
Attachment: Drawings