Published Aug. 25, 2015
Expiration date: 9/24/2015

The district commander has received a joint application for federal and state permits as described below:


Henry County Industrial Development Authority
P.O. Box 7
Collinsville, Virginia  24078

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located at the Patriot Centre with proposed impacts to unnamed tributaries to Little Beaver Creek and Hairston Creek, which are tributaries to the Smith River in the Roanoke Basin, within the Upper Dan Watershed (03010103), Beaver Creek Road and Kings Mountain Road, Martinsville, Virginia 24112 (N36.7291 W-79.8572).

PROPOSED WORK AND PURPOSE: The applicant proposes to provide road and utility service to the undeveloped northern portion (43.7 acres) of the Patriot Centre.  The project proposal entails improvements to Barrows Mill Road, the extension of Beaver Creek Road for 7,261 linear feet; Barrows Mill Road Improvements for 4,503 linear feet, and the extension/installation of 12-inch water lines for 14,512 linear feet, and 7050 linear feet of 8-inch PVC sanitary sewer lines. The proposed road improvements are necessary to meet Virginia Department of Transportation (VDOT) standards and provide means for commercial and public traffic to move safely and efficiently. The sanitary sewer pipe will be installed using an open-trench method and following installation, all ground contours, including stream channels, will be returned to their pre-existing grade.

Jurisdictional impacts proposed for the installation of the utility lines are associated with the sewer pipe located between Beaver Creek Road and Barrows Mill Road. Proposed permanent impacts from road and utility line installation are to 0.10 acres of palustrine forested (PFO) wetlands; 545 linear feet (1,813 square feet) of R3/R4 stream channel; and 302 linear feet (205 square feet) of R6 stream channel. Total permanent impacts are 847 linear feet of streams and 0.10 acres of wetlands. Installation of the sewer pipe will require 100 linear feet (325 square feet) of temporary stream impacts. The project will also require temporary impacts to 114 linear feet (380 square feet) of R3/R4 stream channel and 11 linear feet (5 square feet) of R6 stream channel.  Compensatory mitigation to offset unavoidable impacts resultant from the project is proposed to be achieved through the purchase of mitigation credits from the Banister Bend Mitigation Bank within the Upper Dan River Watershed (HUC #03010103). Wetland mitigation credits will be purchased at a ratio of 2:1 for permanent PFO wetland impacts (0.20 wetland credits). Permanent impacts to streams will require the purchase of 815 stream credits which were calculated using the Unified Stream Methodology.

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 US Army 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 US Army 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 the listed species Roanoke Logperch (Percina rex), James Spiny Mussel  (Pleurobema collina), and Northern Long eared Bat (Myotis septentrionalis) under the Endangered Species Act of 1973 and will require consultation with the US Fish and Wildlife Service; (3) 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.

COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, US Army Corps of Engineers (ATTN:  CENAO-WRR-W), 803 Front Street, Norfolk, Virginia  23510-1096, and should be received by the close of business on Sept. 24, 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, please contact the Blue Ridge Field Office, Danielle Courtois, at (540) 651-2088 or