177 acres with two areas of shoreline, both largely back-filled with silt. One has a public road leading to an unpermitted pier and floating dock., the other, a derelict floating dock. AEP requests all the structures withing the project boundary be removed or properly permitted. According to the SMP, the shoreline adjacent to the subject property is classified as RPA due to the potential presence of wetlands in the vicinity. The SMP generally discourages development in areas classified as RPA, unless a Resource Protection Area Exception is granted by Appalachian pursuant to the requirements of Section 3.4.2 of the SMP. As a result, the Occupancy and Use Permit application would require a Resource Protection Area Exception. In order to complete this process, a qualified wetlands expert would need to prepare a wetlands evaluation of the area located within the Project boundary adjacent to the subject property. This evaluation will then be reviewed by the U.S. Army Corps of Engineers (USACOE) to determine the extent, if any, of wetlands located within the Project boundary. If no wetlands are present, the USACOE will issue a Preliminary Jurisdictional Determination to that effect. If wetlands are confirmed by the USACOE, then the applicant will need to submit a mitigation plan to offset any potential impacts. In accordance with Section 3.4.2 of the SMP, Appalachian must consult with the Virginia Department of Environmental Quality (VDEQ), the Virginia Department of Wildlife Resources (VDWR), and the Habitat Technical Review Committee prior to issuance of any permits for development activity in areas classified as RPA.
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