NAO-2019-01281

Published Sept. 26, 2019
Expiration date: 10/28/2019

Sept. 26, 2019
CENAO-WRR-N
NAO-2019-01281

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

APPLICANT
Prologis Downs Park JV LLC
Attn: Ms. Danielle K. Schline
100 Shockoe Slip, 2nd Floor
Richmond, Virginia 23219

WATERWAY AND LOCATION OF PROPOSED WORK: The project is located on an approximately 5-acre parcel at 45111 Loudoun Downs Lane, west of Relocation Drive and about 1,000 feet southwest of its intersection with Pacific Boulevard in Loudoun County, Virginia. The work will occur in a tributary to Indian Creek.

PROPOSED WORK AND PURPOSE: The project consists of fill-material discharge into waters of the United States associated with the construction of a distribution facility with accessory office space at the subject location. The project is called Dulles Downs 3. About 1.06 acres palustrine forested wetlands, 0.04 acres of palustrine scrub/shrub wetlands and 0.05 acres of palustrine emergent wetlands will be permanently impacted by the proposed project. Compensatory mitigation will be provided by the purchase of wetland credits.

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, assuring applicable laws and regulations pertaining to water quality are not violated. A vicinity map and project plans 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 a probable-impact evaluation, including cumulative impacts of the proposed activity on the public interest. It will reflect the national concern for both protection and utilization of important resources. The benefits that 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, fish, wildlife and flood-plain values; flood hazards, land-use classification, navigation, shoreline erosion and accretion, recreation; water supply, conservation and quality; energy and mineral needs, safety, food and fiber production, property ownership and, in general, the people's needs and welfare. 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 proposed activity's impacts. Any comments received will be considered by the Corps 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, the environment and other public-interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or Environmental Impact Statement pursuant to the National Environmental Policy Act. They are also used to determine the need for a public hearing and 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 this notice date, stating specific reasons for holding it. The district commander will then decide if a hearing should take place.

Preliminary review indicates: (1) no Environmental Impact Statement was prepared; (2) there may be an effect to listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973. The Official Species List and Species Conclusion Table have been provided for review and comment by U.S. Fish and Wildlife Service; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are near the permit area. The permit area and area of potential effect consist of the entire parcel. Additional information might change any of these findings.

PRIVACY AND CONFIDENTIALITY: Comments and information, including submitter identity, provided in response to this public notice may be disclosed, reproduced and distributed at U.S. Army Corps of Engineers discretion. Information submitted in connection with the public notice cannot be maintained as confidential by USACE. Submissions should not include any information the submitter seeks to preserve as confidential.

COMMENT PERIOD: Comments on this project should be in writing. They can be emailed to ron.h.stouffer@usace.army.mil or addressed to: U.S. Army Corps of Engineers-Norfolk District, Northern Virginia Field Office, 18139 Triangle Plaza, Suite 213, Dumfries, VA 22026. All comments should be received by close of business Oct. 28.

If you have questions about this project or the permit process, contact Ron Stouffer at ron.h.stouffer@usace.army.mil or 757-201-7124.

FOR THE DISTRICT COMMANDER:

Tucker Smith
Chief, Northern Virginia
Regulatory Section

Enclosures