NAO-2005-00254, 12-V1595

Published Oct. 31, 2012
Expiration date: 11/30/2012

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


Capital One Services, LLC
Attn: Mt. John McCullen
15000 Capital One Drive
Richmond, Virginia 23238


WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project site is approximately 75 acres and is located west of Meadowville Technology Parkway, generally south of Meadowville Road, within the Meadowville Technology Park, in Chesterfield County, Virginia.  The project site drains into Johnson Creek, a tributary to the James River.


PROPOSED WORK AND PURPOSE:  The applicant proposes to discharge fill material in 1.8 acres of forested wetlands to construct an approximately 150,000 square feet one-story building to be used for data center expansion, customer service center, and/or administrative office. The project also includes the construction of approximately 900 parking spaces. This is Phase III of Capital One Data Center. Phase I and II of the Data Center are currently under construction within the project limits.  To mitigate for the impacts to wetlands the applicant proposes to purchase wetland mitigation credits at a 2:1 ratio. The applicant indicated that impacts to wetlands have been avoided and minimized by narrowing and elongating the proposed parking resulting in parking being located further away from the proposed building.  Previously authorized permanent impacts within the Meadowville Technology Park are 1.3 acre of forested wetlands and 228 linear feet of stream channel.


In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401 certification from the Virginia Department of Environmental Quality assuring that applicable laws and regulations pertaining to water quality are not violated.  Project drawings are attached.


AUTHORITY:  Permits are required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), 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 within the project limits, 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:


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 National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH).  The habitat that this project would affect consists of non-tidal wetlands and intermittent streams. Our assessment of the project leads us to a preliminary determination that it will not have an adverse effect on RFH, and expanded EFH consultation is not required because of lack of suitable habitat and EFH resources within the immediate project area. Based on comments from the National Marine Fisheries Service in response to this public notice, further EFH consultation may be necessary.




COMMENT PERIOD:  Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-REG), Richmond Field Office, 9100 Arboretum Parkway, Suite 235, Richmond, Virginia 23236, and should be received by the close of business on November 30, 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, please call:

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






                                                                        Lynette R. Rhodes

                                                                        Chief, Southern Virginia

                                                                        Regulatory Section