CENAO-WR-R 2011-01973

Published April 17, 2014
Expiration date: 5/15/2014

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

David Mitchell
Great Eastern Management Company
2619 Hydraulic Road
Charlottesville, Va., 22905

The project is located in many unnamed tributaries to the North Fork, Rivanna River.  The project is located on the east side of U.S. Route 29/Seminole Trail, Charlottesville, Albemarle County, Va.

Applicant proposes to place fill into waters of the United States for the construction of a Planned Unit Development (PUD).  The PUD includes single family and multi-family homes as well as commercial development and is proposed to be constructed in phases.

Impacts for all phases of the proposed project include permanent impacts to 0.18 acres of Palustrine Emergent Wetlands (PEM) and 0.09 acres of Palustrine Forested Wetlands (PFO).  Also, there will be approximately 2,922 linear feet of permanent intermittent stream impacts.  Much of the stream impacts are for road construction.

The applicant incorporated avoidance and minimization efforts to minimize impacts to waters of the United States.  These included minimizing the number of lots, relocating roads and spanning some streams.  The applicant minimized stream impacts from their original design from 3,900 linear feet of stream to the proposed 2,922 linear feet of stream impact.

The applicant proposes to compensate for permanent wetland and stream impacts through the purchase of wetland and stream credits from an approved mitigation bank at 2:1 ratio for forested wetlands (PFO) and 1:1 for emergent wetlands (PEM).  Based on this, the applicant would need to purchase 0.36 credits calculated by requiring 0.18 acres of PEM and 0.18 acres of PFO wetlands.  Approximately 2,661 stream compensation credits will be required to be purchased through the application of the Unified Stream Methodology (USM).

Temporary impacts for the project (coffer dams, detention basins, etc.) will be in place during construction and will be removed upon completion and restored to pre-construction condition.

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 (VDEQ) assuring that applicable laws and regulations pertaining to water quality are not violated.  Project drawings are attached.

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.

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 no environmental impact statement will be required.  After conducting the NAO ESA Project Review Process, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended) will be affected.  Based on this no effect determination, no further coordination with the Fish and Wildlife Service is required. A review of available data indicates 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.

Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers, Western Virginia Field Office (ATTN:  Vincent Pero), 920 Gardens Boulevard Suite 200, Charlottesville, Va., 22901, and should be received by the close of business on May 15, 2014.

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 Vinny Pero at 434-973-0568 or Vincent.d.pero@usace.army.mil