2012-00931; 13-V1184

Published Sept. 19, 2013
Expiration date: 10/20/2013

The district commander has received a joint application for federal and state permits as described below:

West Creek Associates
Attn: Mr. Michael Pruitt
1801 Bayberry Court, Suite 100
Richmond, Va., 23226

The project site is approximately 50 acres and is located south of Route 250, east of Route 288 and within the business park known as “West Creek” in Goochland County, Va. The site drains into Tuckahoe Creek and Little Tuckahoe Creek, tributaries to the James River, a navigable water of the U.S.

The stated purpose of the project is to construct a loop road and a storm water management facility to serve future commercial and retail offices and retail spaces. The proposed project would impact 0.018 acre of forested wetlands, 0.75 acre of open water and 197 linear feet of stream channel. The proposed BMP will be constructed retrofitting the existing on-site pond which will be dredged and approximately 3900 cubic yards of material will be removed. The proposed BMP outlet structure will result in temporary back flooding of approximately 0.21 acre of forested wetlands.  The back flooding will be released within 24 hours. To mitigate for the proposed impacts, the applicant proposes to purchase 226 stream credits and 0.036 wetland credit from the James River Mitigation Bank. The applicant indicated that proposed impacts to waters of the U.S. have been avoided and minimized by increasing the slide slopes and by incorporating headwalls into the proposed crossing. Dredging of the pond will provide additional storm water volume. Previous impacts to waters of the U.S. for the development of the West Creek Business Park are approximately 11.4 acres.

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.

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.

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.

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). 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.

Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WR-R ), Richmond Field Office, 9100 Arboretum Parkway, Suite 235, Richmond, Va., 23236, and should be received by the close of business on Oct. 19, 2013.

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
(804) 212-6817

Lynette R. Rhodes
Chief, Southern Virginia
Regulatory Section

Attachments: Vicinity Map and Drawing