Published Nov. 12, 2013
Expiration date: 12/13/2013

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

Commander, Navy Region Mid-Atlantic
Attn: Mr. W. David Noble
Code N45, Regional Environmental Group
1510 Gilbert St.

Norfolk, Va. 23511

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located within the Small Arms Testing and Evaluation Compound (SATEC) at Joint Expeditionary Base Fort Story, which is located along the Chesapeake Bay and Atlantic Ocean in Virginia Beach, Va.

PROPOSED WORK AND PURPOSE:  The applicant proposes to upgrade a section of the existing tactical vehicle trail located along the southern boundary of the SATEC to create an approximately 2,000-foot roadway section that replicates an improved road surface.  The upgraded roadway would include culverts at two separate locations and a roundabout located at the SATEC entrance.  The purpose of the project is to upgrade the straightway section of the trail network to replicate an improved roadway layout and surface to develop more realistic scenarios that work in concert with the existing SATEC facilities. The project would impact approximately 2.25 acres of historically disturbed non-tidal, emergent wetlands.  The applicant proposes to provide compensatory mitigation by purchasing credits at a 1:1 ratio from the Middle Peninsula Environmental Properties Inc.’s Wetland Mitigation Bank, which is an approved mitigation bank for this watershed.

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 and may require a permit from the Virginia Marine Resources Commission, or VMRC, and/or the Virginia Beach Wetlands Board.  Project drawings are attached.

AUTHORITY:  Permits are required pursuant 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) the Navy, as the lead federal agency, submitted the
Official Species List, which was generated through IPAC on August 28, 2013.  The list included roseate tern (Sterna dougallii dougallii), a species listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended).  The list is attached for review and comment by Fish and Wildlife Service; and (3) the Navy completed coordination in accordance with Section 106 of the National Historic Preservation Act with the Virginia Department of Historic Resources (VDHR).  VDHR provided concurrence with a no adverse effect determination on May 26, 2011.  Additional information might change any of these findings.

For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Tidewater, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia Coastal Zone Management Program (VCP) and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). The applicant’s consistency certification is attached to this Public Notice and we are requesting review by DEQ-OEIR for concurrence or objection (the six-month consistency review clock begins when OEIR receives complete information to coordinate the review).  It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review for concurrence or objection and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found here:  

For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: or

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, Va., 23510-1096, and should be received by the close of business on Dec. 13, 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 Melissa Nash via telephone at (757) 201-7489 or email at

Drawings; Coastal Zone Consistency Determination; IPAC species list