US Army Corps of Engineers
Norfolk District Website

NAO-2007-4126 (VMRC 12-1725)

Published Dec. 4, 2012
Expiration date: 1/7/2013

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


Isle of Wight County
Attn: Melissa Lindgren
PO Box 80
Isle of Wight, VA 23397

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in waters and wetlands that discharge north to tidal Jones Creek a tributary to the Pagan River, at Benns Church, Isle of Wight, Virginia. Some site discharge may also be to the west and into tidal Brewers Creek, a tributary of Chuckatuck Creek. Each tributary confluence at the Pagan River and Chuckatuck Creek connects to and is within two miles of the James River.


PROPOSED WORK AND PURPOSE:  The applicant proposes roadway improvements to Benn’s Church Boulevard (State Route 10/32) and Brewer’s Neck Boulevard (US Route 258) and the construction an extension of Brewer’s Neck Boulevard in Isle of Wight County, Virginia.


The project would also include the construction of approximately 1,200 feet of new roadway, referred to as Brewer’s Neck Boulevard Extended, connecting Benn’s Church Boulevard to Brewers Neck Boulevard at the existing intersection with Queen Ann’s Court. Construction of Brewer’s Neck Boulevard Extended would result in the creation of two new signalized four-legged intersections.


A stormwater management pond will be constructed at the proposed intersection of Brewer’s Neck Boulevard Extended and Brewers Neck Boulevard to collect roadside drainage and provide for stormwater quality and quantity management. The stormwater management pond will outfall into an existing roadside ditch which currently conveys runoff to the north via a culvert under Brewer’s Neck Boulevard.


The construction of Brewer’s Neck Boulevard Extended and stormwater management pond and the ditch re-establishment along existing Brewer’s Neck Boulevard would result in permanent impacts to 0.34 acre of forested wetlands, 0.15 acre of open water ditch, and 0.53 acre of emergent wetlands.


Brewer’s Neck Boulevard Extended is located so as to tie into an existing intersection along Brewer’s Neck Boulevard and maintain a minimum distance from the existing intersection. In addition, this footprint minimizes wetlands impacts by locating the road between forested wetland areas.


For access management and safety purposes, the median break along Benn’s Church Boulevard to Benn’s Church will be eliminated as part of the intersection improvements. Entrances to Benn’s Church will be provided from Brewer’s Neck Boulevard Extended and the existing Brewer’s Neck Boulevard. These entrances were relocated to avoid impacts to forested and emergent wetlands. The entrance from Brewer’s Neck Boulevard is currently an exit only. This entrance will be expanded to the west to allow for entry as well. These modifications resulted in avoidance of approximately 0.20 acres of wetlands.


There was a concern over the proximity of the proposed ditch along the western side of Brewer’s Neck Boulevard Extended to adjacent wetlands and potential secondary impacts on adjacent avoided forested wetlands. To avoid 0.25 acres of secondary wetland impact, a clay liner along the bottom and western bank of the ditch will be utilized.


The proposed project will result in unavoidable permanent impacts to 0.34 acre of forested wetlands, 0.15 acre of open water ditch, and 0.53 acre of emergent wetlands. The permanents impacts result from the earth fill associated with the construction of Brewer’s Neck Boulevard Extended, construction of the stormwater management pond, and reestablishment of roadside ditches. The applicant proposes to compensate for unavoidable impacts to 0.34 acre of forested wetlands at a 2:1 ratio, and 0.15 acre of open water ditch and 0.53 acre of emergent wetlands at a 1:1 ratio. A total of 1.36 acres of wetland compensation is required. The applicant will purchase required credits from an agency approved 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) 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, include the project number NAO-2007-4126, be addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-RW (Evans)), 803 Front Street, Norfolk, Virginia  23510-1096, and should be received by the close of business on Jan. 7, 2013.


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 John Evans at

or 757-201-7794.



                                                                        Peter R. Kube

                                                                        Chief, Western Virginia Regulatory Section

Attachment: Drawings