April 20, 2021
CENAO-WRR
2017-00637
FEDERAL PUBLIC NOTICE
The District Commander has received a joint application for Federal and State permits as described below:
APPLICANT
TPC Hornbaker LC
12500 Fair Lakes Circle, Suite 400
Fairfax, Virginia 22033
PROJECT LOCATION: The project site is located north of Nokesville Road, west of Hornbaker Road, east of Linton Hall Road and in Prince William County, Virginia.
PROJECT SIZE: Approximately 181 acres.
NEAREST WATERWAY: Broad Run
LATITUDE AND LONGITUDE: 38.745107°N -77.53712°W
PROJECT DESCRIPTION AND PURPOSE: The Corps issued an Individual Permit for the proposed project in 2017 authorizing impacts associated with the construction of a warehouse facility. In 2019, the Corps authorized a modification to the Permit to allow a change in use from warehouse facilities to a technology campus with associated infrastructure. Impacts associated with the technology campus modification include permanent impacts to 533 linear feet of stream channel, 1.3 acre of palustrine emergent wetland (PEM), 0.37 acre of open water (POW) and temporary impacts to 56 linear feet of stream channel.
The applicant compensated for previously authorized impacts through the purchase of 1.49 wetland mitigation credits and 1,133 stream condition units from a Corps’ approved mitigation bank.
The applicant is proposing to expand the technology campus by adding another parcel that will include additional data center buildings, a larger substation, and a cell tower. New impacts proposed include permanent impacts to 0.01 acre of palustrine forested wetland (PFO), 0.54 acre of PEM, and 1.17 acre of POW. The applicant is proposing to compensate for all unavoidable impacts through the purchase of 1.72 wetland credits form a Corps’ approved mitigation bank.
Combined impacts for the previously authorized technology campus and the proposed campus expansion will include permanent impacts to 0.01 acre of PFO, 1.84 acre of PEM, 1.54 acre of POW, and 533 linear feet of stream channel. Temporary impacts total 56 linear feet of stream channel.
AVOIDANCE AND MINIMIZATION: The applicant provided an onsite and offsite alternatives analysis (attached) via the permit application request dated February 11, 2021. The alternatives analysis is still under review. A Corps’ permit will only be issued after all efforts to avoid and minimize impacts have been examined and it is determined the project proposed is the Least Environmentally Damaging Practicable Alternative.
In addition, the applicant must obtain an Individual Section 401 Water Quality Certification or waiver from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated.
AUTHORITY: 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, 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 (EIS) pursuant to the National Environmental Policy Act. Preliminary review of the application indicates that no EIS will be required.
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.
ENDANGERED SPECIES: After conducting the Norfolk District Endangered Species Act (ESA) Project Review Process, the Corps has made the preliminary determination that: No listed/proposed/candidate species and/or designated/proposed critical habitat under the ESA of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884, as amended) will be affected. Based on this “no effect” determination, no further coordination with the U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) is required. Additional information might change any of these findings.
The Northern long-eared bat may be affected, but the FWS Information and Planning and Consultation (IPaC) 4(d) determination key was completed and no further coordination with the FWS is required. Additional information might change any of these findings.
HISTORIC AND CULTURAL RESOURCES: Historic Resources eligible for inclusion or included in the NRHP are in or near the Corps’ permit area or would likely be affected by the proposal. The Corps will complete additional coordination with the Virginia Department of Historic Resources and known consulting parties . The Corps may update its finding based upon new or additional information received in this coordination.
ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). There is no EFH in the Corps’ area of responsibility.
VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Virginia’s Coastal Zone, 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’s Coastal Zone Management Program (Virginia CZM Program), and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). It is the applicant’s responsibility to submit a consistency certification to the OEIR 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 in the Federal Consistency Manual here: https://www.deq.virginia.gov/permits-regulations/environmental-impact-review/federal-consistency . For more information or to obtain a list of the enforceable policies of the Virginia CZM Program, contact the DEQ-OEIR at (804) 698-4204 or e-mail: bettina.rayfield@deq.virginia.gov. No concurrence is required because the project is not located within Virginia’s Coastal Zone.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: The applicant must obtain, from the Virginia DEQ, a Clean Water Act Section 401 Water Quality Certification for any federal license or permit that authorizes an activity that may result in a discharge into waters of the U.S. (40 CFR Part 121). As the Certifying Authority, the Virginia DEQ may grant, grant with conditions, or deny a certification request. Alternatively, the Virginia DEQ may waive, expressly or implicitly, its authority to act on a certification request. In either case, a written notice of waiver from DEQ (expressly waived) or from the Corps (implicitly waived), satisfies the project proponent’s requirement to obtain certification. The applicant has requested a pre-filing meeting with DEQ.
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 4, Amissville, Virginia 20106, and should be received by the close of business on Thursday, May 20, 2021.
PRIVACY AND 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
Attachment: Vicinity map, drawings, IPAC, Species Conclusion Table, VCRIS map, alternatives analysis