Norfolk District, Army Corps of Engineers
Published March 28, 2019
Expiration date: 4/27/2019

March 27, 2019
NAO 2007-02005

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

Horsepen Run, LLC
C/o Mr. Richard Kettler
8255 Greensboro Drive, Suite 200
McLean, Virginia 22101

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in Horsepen Run a tributary to the Potomac River, at 13801 Frying Pan Road, Herndon, Virginia. (Parcel 024201001)

PROPOSED WORK AND PURPOSE:  The applicant proposes to construct a single and multi-family residential development. The associated development proposes to extend Sunrise Valley Drive within the site, construct internal access roads, stormwater management pond, utilities and a paved recreational trail to include athletic fields.

The applicant’s stated purpose is to provide housing for a growing area in Fairfax County on the 68 acre site known as Foster’s Glen. The project will impact 1.78 acres of palustrine emergent wetlands (PEM), 0.02 acres of palustrine forested wetlands (PFO), 0.49 acres of palustrine open water (POW) and 104 linear feet of stream channel. Temporary impacts associated with this development are 0.36 acre of PEM and 475 linear feet of stream channel for utility lines and the extension of Sunrise Valley Drive conspan bridge.

The proposed project contains 79% open space both within and outside the limits of clearing to include the floodplain and dedicated park within the northern half of the site. The applicant demonstrated avoidance and minimization by utilizing an existing pond for stormwater management and crossing wetlands at the narrowest point.

The applicant has provided multiple offsite and onsite alternatives as explained in the attached “Avoidance and Minimization Alternatives” and Exhibits A through D.

The applicant proposes to compensate for impacts to 1.78 acres of PEM by purchasing 1.78 wetland credits (1:1 ratio), 0.02 acre of PFO by purchasing 0.04 wetland credits (2:1ratio), and 0.49 acre of POW by purchasing 0.25 wetland credits (0.5:1 ratio). Wetlands credits shall be compensated through the following: 1) Mitigation bank credits, 2) In-lieu fee program credits, 3) Permittee responsible mitigation under a watershed approach, 4) Permittee-responsible mitigation through on-site and in-kind mitigation, 5) Permittee-responsible mitigation through offsite and/or out-of-kind mitigation.  The applicant shall compensate for impacts to 104 linear feet of stream channel by purchasing 125 stream credits (USM) from the Northern Virginia Stream Restoration Mitigation Bank.

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated and a permit from the Fairfax William County Wetlands Board.  Project drawings are attached.

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, 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, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act 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 Fish and Wildlife Service is required *OR* there may be an 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) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal.   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). The applicant’s consistency certification is attached to this Public Notice and we are requesting review by DEQ-OEIR for concurrence or objection (the six-month consistency review clock begins when OEIR receives complete information to coordinate the review)  –OR- 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: .  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: or

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to, or mail, addressed to the Norfolk District, Corps of Engineers, 1329 Alum Spring Road, Suite 102, Fredericksburg, Virginia  22401, and should be received by the close of business on April 27, 2019.

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 757-201-7828.

Tucker Smith
 Chief, Northern Virginia
Regulatory Section

Vicinity map
Exhibits A through D