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2016-00028-arl

Posted: 3/30/2018

Expiration date: 4/16/2018


FEDERAL PUBLIC NOTICE

The District Commander has received a joint application for Federal and State permits as described below:

APPLICANT
Pulte Homes Company, LLC
Attn: Gary Leygraaf
9302 Lee Highway, Suite 100
Fairfax, Virginia 22031  

WATERWAY AND LOCATION OF THE PROPOSED WORK: The approximately 128 acre project site is located west of the John Marshall Highway (Route 55) and James Madison Highway Intersection, north of the Norfolk Southern Railroad, and directly south of Route 55 in Prince William County, Virginia.  

PROPOSED WORK AND PURPOSE: Notice is hereby given that Pulte Homes Company, LLC (Permittee) is proposing to enter into a Memorandum of Agreement (MOA) with the US Army Corps of Engineers (Norfolk District) and Virginia Department of Historic Resources under Section 106 of the National Historic Preservation Act. The Carter’s Mill project, a proposed age restricted residential development with associated infrastructure and amenities, is located within the Core of the Buckland Mills Battlefield (DHR ID# 030-5152) in Haymarket, Virginia. The Buckland Mills Battlefield is eligible for listing on the National Register of Historic Places.  

The proponent is requesting a State Program General Permit (17-SPGP-01) from the Norfolk District Corps of Engineers under Section 404 of the Clean Water Act for the permanent discharge of fill material into 0.06 acre of palustrine emergent wetland (PEM), 1.22 acre of palustrine forested wetland (PFO), 0.42 acre of palustrine open water (POW) and 891 linear feet stream channel  The discharge of fill is associated with the construction of an age-restricted residential development with recreational amenities, stormwater management ponds, access roads, utilities, and associated infrastructure. Issuance of this permit constitutes a Federal undertaking, subject to Section 106 of the National Historic Preservation Act (NHPA). Procedures have been established which must be followed in order for the Corps to comply with the NHPA and other applicable historic preservation laws. In compliance with the NHPA, the Norfolk District is interested in identifying “consulting parties” with whom to coordinate the effects of the project on historic properties, and possible means of avoiding or mitigating adverse effects on such properties.

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 will be no effect to listed/proposed/candidate species and/or designated/proposed critical habitat 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) there are known properties eligible for inclusion or included in the National Register of Historic Places in or near the permit area and the project is being coordinated with the State Historic Preservation Office (SHPO) and known consulting parties. 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 and requests for hard copies of this public notice should be in writing and can be sent by either email to anna.r.lawston@usace.army.mil  or by regular mail, addressed to the Norfolk District, Corps of Engineers, Warrenton Field Office (ATTN: Anna Lawston), PO Box 578, Amissville, Virginia 20106, and should be received by the close of business on Monday, April 16, 2018.  

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

Ms. Anna Lawston at 540-764-4459 or anna.lawston@usace.army.mil 

James Madison Highway James Marshall Highway Norfolk Southern Railroad Prince William County