CENAO-WR-R 2011-1999

Published May 14, 2014
Expiration date: 6/13/2014

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

Hanover County
C/O Joe Vidunas
P.O. Box 470
Hanover, Virginia 23069

The project is located at Opossum Creek, a tributary to the Pamunkey River, at the western terminus of Atlee Road in the Rutland multiuse development in Hanover County, Virginia.

The applicant proposes to construct a connector road from the western terminus of Atlee Road to Atlee Station Road.  The new road would also have a turn lane to the north that connects to Cool Springs Road.  The proposed road would be elevated to pass over the existing CSX Railroad track.  Construction would see impacts of 0.48 acre of forested wetland, 286 linear feet of stream channel and temporary impacts to 20 linear feet of stream.  

This project would be the continuation of project related impacts for the Rutland development.  The impacts for this current proposal are being reviewed as cumulative as this submittal seeks to finish the partially completed road way.  The impacts for Rutland included 4.21 acres of forested wetlands, 2,337 linear feet of stream channel, and 0.15 acre of conversion impacts.  If a permit is granted total project related impacts to Opossum Creek and associated systems would be 4.69 acres of forested wetlands and 2,623 linear feet of stream.  

The applicant has stated that project related impacts would be compensated for by purchase of wetland and stream credits from the Pamunkey Farms Wetland and stream 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 and a permit from the Virginia Marine Resource Commission.  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:  (l) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process, there may be an affect to listed species and/or designated/proposed critical habitat under the Endangered Species Act of 1973; and (3) several known properties (042-0205, 042-0235, 042-0206, 042-5017, 042-5022, and 44HN0282) 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 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). 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: http://www.deq.virginia.gov/Programs/EnvironmentalImpactReview/FederalConsistencyReviews.aspx#cert. 

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: ellie.irons@deq.virginia.gov or john.fisher@deq.virginia.gov.

Comments on this project should be made in writing, addressed to the U.S. Army Corps of Engineers (ATTN:  Todd Miller), 9100 Arboretum Pkwy, Ste 235, Richmond, Virginia  23236, and should be received by the close of business on June 13, 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 Mr. Todd Miller at (804) 323-3782 or todd.m.miller@usace.army.mil

Lynette R. Rhodes
Chief, Southern Virginia
Regulatory Section