NAO-2006-07853; 16-V0777

Published Aug. 17, 2016
Expiration date: 9/17/2016

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

6801 Woolridge Road-Moseley LP
6700 Otterdale Road
Moseley, Virginia 23120

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project site is approximately 870 acres and is generally located on the north line of Route 360 south of Route 668, in Chesterfield County, Virginia. The site drains into Blackman Creek, a tributary to Swift Creek, which drains into Appomattox River, a tributary to the James River.

PROPOSED WORK AND PURPOSE:  The applicant proposes to complete construction of Phase I and II and to construct portion of Phase III of a mixed use development known as Magnolia Green. Magnolia Green consists of residential, commercial, and recreational development. The applicant proposes to permanently impact 1.58 acre of forested wetlands, 0.02 acre of emergent wetlands, 4,453 linear feet of stream channel, to convert 2.4 acres of forested wetlands to emergent wetlands, and to temporarily impact 867 linear feet of stream channel associated with the construction of road, utilities, and lot grading.  To compensate for the proposed impacts the applicant proposes to purchase a total of 5.58 wetland credits and 5, 014 stream credits from the Lone Oak Mitigation Bank and the Weatherbury Mitigation Bank. The applicant indicated that impacts to waters of the U.S. have been avoided and minimized by minimizing lot impacts and by designing roads to cross wetlands and streams perpendicularly when possible. Previously authorized permanent impacts for Phase I and II of Magnolia Green are 10,208 linear feet of streams, 2.69 acres of wetlands and 2.02 acres of forested wetland conversion to emergent wetlands.  

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401 certification from the Virginia Department of Environmental Quality 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 will be required; (2) after conducting the NAO ESA Project Review Process there may be an effect on the Northern long ear bat and the Official Species List and Species Conclusion Table are attached for review and comment by Fish and Wildlife Service; and (3) A Programmatic Agreement has been developed for the Magnolia Green development 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: or 

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on September 17, 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, please contact Dr. Silvia Gazzera at (804) 212-6817 or .