Published July 22, 2015
Expiration date: 8/20/2015
The district commander has received a joint application for federal and state permits as described below:

City of Chesapeake
ATTN: C. Earl Sorey, P.E.
306 Cedar Road, City Hall Building
Chesapeake, Virginia 23322

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in waters and wetlands that are tributaries to Goose Creek, a tidal tributary to the Western Branch of the Elizabeth River. Project is located south of the intersection of South Military Highway (Route 13) and Ridgeway Avenue, in Chesapeake, Virginia and the street addresses are 4648 and 4636 Military Highway South (former address is 622 Homestead Road).

PROPOSED WORK AND PURPOSE: The applicant proposes to fill a total of 1.45 acres of non-tidal forested and emergent wetlands in order to construct a new Fire Station #10 in the City of Chesapeake. The new fire station is proposed as a one story, four bay Battalion Fire Station (4648 Military Highway South) with approximately 16,000 square feet within the project site. In addition, a new 15,000 square foot Logistics Support Center (4636 Military Highway South) is proposed for construction on the site. The applicants stated primary purpose and need for the new Fire Station #10 and logistics center is to improve the emergency response system and resource deployment capabilities in the western section of the City of Chesapeake. The construction of the facilities will impact 0.466 acres of palustrine forested wetlands and 0.987 acres of palustrine emergent wetlands. Mitigation is proposed in the form of the purchase of 1.92 credits/acres from the Great Dismal Swamp Restoration Bank, LLC and/or the Chesapeake Wetland Mitigation Bank. The mitigation ratio is proposed as 2:1 for forested wetland impacts (0.932 credits) and 1:1 for emergent wetland impacts (0.987 credits). Additional information on the project, purpose and need, alternatives and avoidance and minimization measures can be found in the document attached to this notice titled, “Environmental Support Document, Joint Permit Application, Fire Station #10 Logistics Center, Chesapeake, Virginia”. Project drawings are also attached.
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.

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 will be required; (2) there may be an effect to a listed species (Northern long-eared Bat (Myotis septentrionalis) under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table is attached for review and comment by Fish and Wildlife Service; and (3) No historic properties are located on the project site, however, the Virginia Department of Historic Resources’ (DHR) Virginia Cultural Resource Information System (V-CRIS) indicates that the project site is located on the outskirts of the Sunray Agricultural Rural Historic District (DHR ID 131-5325) and approximately 1,500 linear feet north of DHR ID 131-0389, located along Homestead Road. These properties have been determined eligible for the National Register of Historic Places. Coordination with the Virginia Department of Historic Resources under Section 106 of the National Historic Preservation Act will be necessary. 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). We have not received a certification from the applicant prior to publication of this public notice. 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:

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, Virginia 23510-1096, and should be received by the close of business on August 20, 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 Audrey Cotnoir at 757-549-8819 or by email at  

Peter Kube
Chief, Eastern Virginia Regulatory Section