January 20, 2016
CENAO-WR-R
NAO-2006-5097
FEDERAL PUBLIC NOTICE
The District Commander has received a joint application for Federal and State permits as described below:
APPLICANT
Tri-City Properties, LLC
3333-24 Virginia Beach Blvd
Virginia Beach, Virginia 23452
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in wetlands and waters adjacent to a tributary to Stumpy Lake and the North Landing River, on the east side of Centerville Turnpike North, north of Lake Thrasher Parkway, and roughly 2,000 feet south of the Virginia Beach City line in the Greenbrier area of Chesapeake, Virginia.
PROPOSED WORK AND PURPOSE: The applicant proposes to fill a total of 47.1 acres of non-tidal forested wetlands in order to construct a mixed commercial-residential development known as “Centerville Properties Development”. The current project boundaries include a 53.8-acre portion of land that is part of a larger 428-acre tract. Development of a portion of this overall 428-acre tract of land was previously reviewed by the Corps under permit application NAO-2006-5097 for 181.3-acres of wetland impacts. That permit application was denied on March 3, 2008.
The current 53.8-acre proposed project site includes approximately 12.5 acres of commercially zoned land and 33 acres of multifamily land, a network of roads and BMPs. The commercial development is planned as a mix of community related retail and commercial services for the users and residents of the proposed development as well as adjacent neighborhoods. The residential construction is proposed as approximately 480 multifamily units providing a diverse housing community including condominium, apartment, and senior living opportunities. The applicant’s overall project purpose is “to provide a mixed-use community, consisting of a variety of residential opportunities and community related commercial services to support the housing needs generated by the rapidly expanding commerce and employment center situated in the Greenbrier section of Chesapeake”.
The applicant’s proposed compensation for the 47.1 acres of forested wetland impacts includes onsite preservation in perpetuity of 145 acres of an adjacent forested conservation buffer (primarily forested wetlands) located between the proposed development and Stumpy Lake natural area. In addition, the conceptual mitigation plan includes re-establishment and/or creation of like kind wetland functions on 65.2 acres of prior converted cropland and cutover forest located within the larger parcel, off Elbow Road.
Additional information on the project, provided by the applicant and applicant’s consultants, can be found in the documents attached to this notice. These supplements contain the following: project description and history, purpose and need, public interest analysis, alternatives analysis, avoidance and minimization measures, mitigation measures, wetland functional assessment, preliminary 404(b)(1) analysis and other information. 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. A DEQ VWP Permit (Number 00-1688) was issued on November 12, 2003, for impacts to 144.6 acres of forested wetlands for a larger development area within this 428-acre site, and this permit is valid for 15 years from the date of issuance.
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) an Environmental Assessment (EA) will be prepared, unless the EA demonstrates that an Environmental Impact Statement (EIS) is necessary; (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 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.
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: 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: bettina.sullivan@deq.virginia.gov or john.fisher@deq.virginia.gov.
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 February 19, 2016.
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 audrey.l.cotnoir@usace.army.mil.
Attachments:
• Project drawings
• Revised Supplemental JPA Submission dated January 7, 2016
• Supplement 1, Exhibits A-K, May 2014
• Official Species List
• Species Conclusion Table