Published Sept. 28, 2012
Expiration date: 10/29/2012

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

The Enclave at Princess Anne LLC
c/o: Anthony Giacoia
2000 Emelita Drive
Virginia Beach, Virginia 23456

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located on 17-acres in the North Landing River watershed at 2812 North Landing Road, Virginia Beach, Virginia.

PROPOSED WORK AND PURPOSE:  The applicant proposes to permanently impact 2.79 acres of non-tidal wetlands and temporarily impact 0.16 acres of non-tidal wetlands for the construction of a 34 lot single family subdivision to be known as the Enclave at Princess Anne.  The purpose of the project is to construct a residential community in the courthouse area of the Kellam High School district that meets the demand for housing in the $350,000 to $450,000 price range. 

The applicant proposes to utilize a combination of onsite preservation and the purchase of compensatory mitigation credits from an approved Bank that provides service to HUC 03010205 to offset unavoidable impacts to aquatic resources.  A total of 5.37 acres of wetland compensation is required.  As part of compensation, 2.10 acres of onsite forested wetlands and 0.11 acres of onsite emergent wetlands will be preserved and placed under deed restriction.  The applicant is requesting the proposed preservation be credited at a 10:1 ratio for a total of 0.22 acres.  The remaining 5.15 credits will be purchased from the Davis Mitigation Bank.

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.  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) no species of fish, wildlife, or plant (or their critical habitat) federally listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in the permit area, or would likely be affected by the proposal.  One potential architectural resource (DHR 134-0570) was documented within a half-mile of the proposed project site and possibly in the view shed.  This resource has not been evaluated for its eligibility for inclusion on the National Register of Historic Places, but it is anticipated that the proposed project will not adversely affect the resource.  Additional information and agency coordination 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:

COMMENT PERIOD:  Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 803 Front Street, Norfolk, Virginia  23510-1096, and should be received by the close of business on October 29, 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 Randy Steffey at 757-201-7579 or .


Lynette R. Rhodes
Chief, Southern Virginia
Regulatory Section