NAO-2010-0423/2012-1671 Berry Hill Industrial Park

Published Jan. 13, 2015
Expiration date: 2/12/2015

January 13, 2015

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

Danville Pittsylvania Regional Industrial Facility Authority
Danville Public Works
998 South Boston Road
Danville, Virginia 24541

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in McGuff Creek and Trotters Creek (and their unnamed tributaries), both tributaries to the Dan River, which is a tributary to the Roanoke River, along State Route 863 (Berry Hill Road) approximately four miles southwest of the intersection of U.S. Route 58 and State Route 863 in Pittsylvania County, Virginia.

PROPOSED WORK AND PURPOSE:  On December 11, 2012, the U.S. Army Corps of Engineers, Norfolk District issued a public notice for Phase 1 of the proposed Berry Hill Industrial Park. The applicant proposed to fill waters of the U.S. for the purpose of providing pre-developed infrastructure, transportation, and pad site improvements of a size necessary to attract an industrial use capable of providing a transformational, substantial positive economic impact to the Danville/Pittsylvania County area. At the time of the 2012 Public Notice, the applicant proposed to permanently impact 15,600 linear feet of ephemeral stream channel, 20,179 linear feet of intermittent stream channel, 356 linear feet of perennial stream channel for a total of 36,135 linear feet of stream channel, 15.89 acres of forested wetlands, 2.47 acres of scrub shrub wetlands, 2.02 acres of emergent wetlands for a total of 20.38 acres of wetlands, and 0.69 acres of open water.

Since that time, the applicant incorporated onsite avoidance and minimization efforts to avoid and minimize impacts to waters of the United States. Those efforts include:

1)   grading lots to minimize stream and wetland impacts while still providing sufficient footprint areas for construction;

2)   crossing streams and wetlands with utilities in the shortest possible route;

3)   combining utility construction with lot grading where feasible to avoid additional impacts;

4)   confining grading to areas outside of floodplain areas;

5)   constructing stormwater management facilities outside of floodplain areas; and

6)   constructing sewer lines in upland areas.

As such, the applicant now proposes to temporarily impact 376 linear feet of ephemeral stream channel, 469 linear feet of intermittent stream channel and 384 linear feet of perennial stream channel for a total of 1,229 linear feet of stream channel. The applicant proposes to permanently impact 2,401 linear feet of ephemeral stream channel, 3,717 linear feet of intermittent stream channel, 373 linear feet of perennial stream channel for a total of 6,491 linear feet of stream channel, and 4.334 acres of palustrine forested wetlands, 2.427 acres of palustrine scrub shrub wetlands, 0.244 acres of palustrine emergent wetlands for a total of 7.065 acres of wetlands.

The applicant proposes to compensate for permanent stream channel impacts through the purchase of 2,524 stream credits from the Banister Bend Mitigation Bank and through the on-site preservation of 33,244 linear feet of stream with associated upland buffers.

The applicant proposes to compensate for permanent wetland impacts through the purchase of 12.68 wetland credits from Banister Bend 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 would be required; (2) 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; and (3) known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, and may likely be affected by the proposal. Additional information might change any of these findings. 

COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers, West Central Field Office (ATTN: Jeanne Richardson), PO Box 3160, Lynchburg, Virginia 24503, and should be received by the close of business on February 12, 2015.

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 Jeanne Richardson at 434.384.0182 or

Attachment: USGS Topographic Map with Project Location, Drawings, Conceptual Mitigation Plan