Published Dec. 5, 2016
Expiration date: 12/16/2016

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

ttn: Ian Wrightson
410 Terry Avenue, N
Seattle, WA 98109

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project site, Midwood, consist of one parcel of land totaling approximately 38.5 acres that is located in Haymarket, Virginia.  The project is situated south of Route 55 (John Marshall Highway), west of Route 15 (James Madison Highway), just north of Broad Run,  southwest of the intersection of Route 15 and 55 and within Prince William County, Virginia. 

PROPOSED WORK AND PURPOSE: Notice is hereby given that VADATA, Inc (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 Midwood project, a proposed data center with associated infrastructure, 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 (12-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 991 linear feet of stream channel and 0.10-acre palustrine forested wetlands as well as the temporary discharge of fill into 14 linear feet of stream channel.  The discharge of fill is associated with the construction of a proposed 3 building data center complex and it’s 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.

COMMENT PERIOD:  Comments on this project 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 USACE Norfolk District, Warrenton Field Office  (ATTN:  Anna Lawston),  PO Box 578, Amissville, Virginia  20106, and should be received by the close of business on Friday, December 16, 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, contact Ms. Anna Lawston by telephone at 703-221-6967 or email at anna.r.lawston@usace.army.mil.