NAO-2022-02021/MRC 22-V2295(Avonmore, Loudon, Virginia)

U.S. Army Corps of Engineers Norfolk District
Published Jan. 27, 2023
Expiration date: 2/26/2023

January 27, 2023
CENAO-WRR-N
NAO-2022-02021

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

APPLICANT
Goose Creek Overlook, LLC

WATERWAY AND LOCATION OF THE PROPOSED WORK:   
The proposed project, Avonmore, consists of two (2) parcels of land totaling approximately 16.81 acres located south of Sycolin Road in Loudoun County, Virginia.).  The project impacts Goose Creek, a tributary of the Potomac River.  A vicinity map is attached.

LATITUDE AND LONGITUDE: 39.031866, -77.53127

PROPOSED PROJECT:  
The applicant is requesting a State Program General Permit (17-SPGP-01) under Section 404 of the Clean Water Act for the permanent discharge of fill into 841 linear feet (0.11 acre) of stream channel.  

PROJECT PURPOSE AND NEED:  
The stream impact is associated with the construction of a stormwater pond, 2 road crossings, and lot fills for development.   

AUTHORITY: Permits for the work in waters, including wetlands, are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217).  The Corps must comply with the National Historic Preservation Act (NHPA) (54 U.S.C. § 306108), 36 CFR Part 800, regulations implementing Section 106 of the NHPA and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits. 

PURPOSE OF PUBLIC NOTICE: 
Goose Creek Overlook, LLC is proposing to enter into a Memorandum of Agreement (MOA) with the US Army Corps of Engineers, Norfolk District (Norfolk District) and the Virginia Department of Historic Resources (DHR) under Section 106 of the National Historic Preservation Act (NHPA).   In compliance with regulations implementing Section 106 of the NHPA, the Corps is soliciting comments on the proposed project from the public; federal, state, and local agencies and officials; Native American Tribes; and other interested parties.  This public notice provides an opportunity for members of the public to express their views on the undertaking’s effects on historic properties and resolution of adverse effects.  The Corps is requesting comments to assist in evaluation of the effects of the project on historic properties and evaluation of alternatives or modifications which could avoid, minimize, or mitigate adverse effects on historic properties.

HISTORIC PROPERTY IDENTIFICATION:   The Corps identified a potentially eligible resource, DHR resource number 44LD1871, within the Corps permit area.  Cultural resources surveys were conducted, and reports completed by Thunderbird Archeology.  The reports titled “Avonmore, Loudoun County, Virginia Phase I Cultural Resources Investigation”, dated September 2021 and “Avonmore Property, Loudoun County, Virginia Phase II Archaeological Evaluation of site 44LD1871”, dated August 2022, are a reasonably good faith effort to identify historic properties within the project site.  

ADVERSE EFFECT DETERMINATION:  In consultation with the State Historic Preservation Office, the Corps applied the criteria of adverse effect to historic properties within the permit area.  The Corps determines that the proposed federal action would result in an adverse effect on the cultural resource site, 44LD1971.  The Corps is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties.  The Corps, the Virginia Department of Historic Resources, the permittee, and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the NHPA.  

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by email to regena.d.bronson@usace.army.mil or by regular mail, addressed to the Norfolk District, Corps of Engineers, 10300 Spotsylvania Avenue, Suite 230, Fredericksburg, Virginia 22408 and should be received by the close of business on February 26, 2023. 

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
Regena Bronson at 540-682-9552 or by email regena.d.bronson@usace.army.mil

Attachments: 
Vicinity Map
Permit Plan