Norfolk District Regulatory Office
Published April 12, 2019
Expiration date: 5/13/2019

April 12, 2019


The district commander has received a modification request for federal and state permits as described below:

Arcola Limited Partnership
Attn: Mr. Mark McFarland
9841 Washingtonian Blvd., Suite 300
Gaithersburg, Maryland 20878

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located on an approximately 134-acre portion of the parcel west of the intersection of Evergreen Mills Road (Route 621) and Loudoun County Parkway (Route 606) in Loudoun County, Virginia. The work will occur in tributaries to Broad Run.

PROPOSED WORK AND PURPOSE: The permittee proposes the modification of the existing authorized Arcola Center permit to include additional impacts associated with the construction of a data center campus comprised of approximately five data center buildings (one currently under construction, and an additional four buildings, all of which are planned to be two-story), an office building, equipment areas, access roads, parking, stormwater management, and utilities. The purpose of the proposed modification is the continuation of construction within Arcola Center that will serve the ultimate project goal of providing a mixed-use development. The currently authorized Arcola Center project consists of commercial and residential development and associated infrastructure including an elementary school site and County Parkland.

The proposed project would impact additional jurisdictional wetlands and waters of the U.S. Currently authorized impacts include 0.82 acre of palustrine forested (PFO) wetlands, 1.75 acres of palustrine emergent (PEM) wetlands and 0.95 acre (5,168 linear feet) of stream channels. Approximately 0.03 acre (216 linear feet) of stream channel will be temporarily impacted. Additional permanent impacts are proposed to 0.68 acres of PFO wetlands and 0.55 acre (2,082 linear feet) of stream channels.

To compensate for unavoidable impacts to wetlands and streams, the permittee proposes to mitigate these impacts offsite with the purchase of wetland and stream credits from approved wetland and stream banks. 

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401certification from the Virginia Department of Environmental Quality assuring that applicable laws and regulations pertaining to water quality are not violated. The proposed modification impact map is enclosed.

AUTHORITY: Permits are required and have been issued 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 modification of the 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 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: (1) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process, there may be an effect to a listed species under the Endangered Species Act of 1973; and (3) based on review of the Virginia Department of Historic Resources’ Virginia Cultural Resource Information System, the project would not have an indirect or direct effect on historic properties listed, or eligible for listing on the National Register of Historic Places. Additional information might change any of these findings. 

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.

COMMENT PERIOD: Comments on this project should be made in writing by email to or addressed to U.S. Army Corps of Engineers-Norfolk District, Northern Virginia Field Office, 18139 Triangle Plaza, Suite 213, Dumfries, VA 22026, and should be received by close of business May 13.

If you have any questions about this project or the permit process, please contact Ron Stouffer at or 757-201-7124.


Tucker Smith
Chief, Northern Virginia
Regulatory Section