NAO 2007-04682

Published Oct. 24, 2012
Expiration date: 11/22/2012

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

Owen B. Pickett Land Company, LLC
Attn: Lee Pontes
PO Box 2127
Virginia Beach, Virginia 23450

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located on  51.89 acres of land which is located at the northwest corner of Ladysmith Road and Jefferson Davis Highway in the South River drainage basin of the Mattaponi River, Caroline County, Virginia.

PROPOSED WORK AND PURPOSE:  The applicant proposes to impact 1.74 acres of Palustrine Forested wetlands (PFO), conversion of 0.18-acre of PFO and 509 linear feet of stream associated with commercial development of retail, restaurants, gas station, parking and infrastructure.  The site consists of 4.44-acres of PFO, 0.04-acre Palustrine Open water (POW) and 1,999 linear feet of stream within the Hydrologic Unit Code (HUC) 02080105.  The applicant reviewed offsite alternatives at three (3) other locations within the Ladysmith corridor as shown on the enclosed drawings.

Compensatory mitigation is proposed by the purchase of wetland credits at the following ratio: 2:1 ratio for permanent forested impacts and 1:1 ratio for conversion of forested wetlands.  As a result,  the applicant proposes to purchase 3.66 wetland and 638 stream mitigation credits from an approved wetland mitigation bank within the project HUC.

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 Caroline County Wetlands Board.  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) 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 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:

COMMENT PERIOD:  Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: Regena Bronson), 1329 Alum Spring Road, Suite 201, Fredericksburg, Virginia  22401, and should be received by the close of business on November 22, 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

Regena Bronson at (540)-548-2838 or email


Nicholas L. Konchuba                                                                       
Chief, Northern Virginia Regulatory Section