NAO-2010-01543

Published July 17, 2018
Expiration date: 8/3/2018

FEDERAL PUBLIC NOTICE

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

APPLICANT
Hayden Technologies LLC Attn: Mr. Zach Miller
c/o Corporation Service Company 2711 Centerville Road, Suite 400
Wilmington, DE 19808 

WATERWAY
AND LOCATION OF THE PROPOSED WORK: The project is located on an approximately 57.87 acre parcel north of the Dulles
Greenway (Route 267) and east of Gant Lane, south of Leesburg in Loudoun County, Virginia. The work will occur in tributaries to Goose Creek.  A vicinity map is attached. 

PROPOSED
PROJECT AND PURPOSE: The project consists of the discharge of fill material into waters of the United States associated with the construction of a data center facility at the subject location. The project is called Stonewall Business Park. Approximately 0.77-acre palustrine forested wetlands (PFO), 0.27-acre palustrine emergent wetlands (PEM), and 860 linear feet (0.13-acre) of stream beds will be permanently impacted by the proposed project. Compensatory mitigation will be provided by the purchase of wetland and stream credits.

AUTHORITY: Permits for the work in waters and 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 National Historic Preservation Act and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits. 

PURPOSE
OF PUBLIC NOTICE: In compliance with regulations implementing Section 106 of the National Historic Preservation Act (NHPA), the Norfolk District 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. Comments are requested 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 Norfolk District, Regulatory Branch identified historic properties within the USACE scope of analysis. The Permittee has completed the identification of historic properties; and the Corps, in consultation with the SHPO, finds that the Phase I identification survey entitled Phase I Archeological Investigations of the Circa 652 Acre Creekside Areas 4 and 5 Property, Loudoun County, Virginia, prepared for Lansdowne Town Center, LLC Lansdowne, Virginia, by Thunderbird Archeology, a division of Wetlands Studies and Solutions, Inc., Gainesville, Virginia (Snyder and Carroll 2005) and the Phase II evaluation of site 44LD1329 entitled Site 44LD1329 (Project SuperNoVa) Phase II Archeological Evaluation, Loudoun County, Virginia, prepared for Jacobs Engineering Group Inc. of St. Louis, Missouri by Thunderbird Archeology, a division of Wetland Studies and Solutions, Inc. of Gainesville, Virginia (Carroll and Sandbeck 2017) meet the Secretary of the Interior's Standards and Guidelines for Archaeological Documentation (48 FR 44734-37, September 29, 1983) and the SHPO’s Guidelines for Conducting Historic Resource Surveys in Virginia (October 2011; rev. 2017).

ADVERSE EFFECT DETERMINATION:  In consultation with the SHPO, and in consideration of views concerning effects provided by consulting parties, the USACE applied the criteria of adverse effect to historic properties within the permit area. The USACE determined that the proposed federal action would result in an adverse effect on 44LD1329.  The USACE 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 US Army Corps of Engineers (Norfolk District), 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 National Historic Preservation Act. 

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to ron.h.stouffer@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR-N), Northern Virginia Field Office, 18139 Triangle Plaza, Suite 213, Dumfries, VA, 22026, and should be received by the close of business on August 3, 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 Mr. Ron Stouffer at ron.h.stouffer@usace.army.mil or 757-201-7124