Published July 24, 2020
Expiration date: 8/24/2020

July 24, 2020

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

DMM Tuscarora LLC
Attn:  Mr. Michael Capretti
20098 Ashbrook Place, Suite 185
Ashburn, Virginia 20147

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located within the Sycolin Creek watershed, on a 20-acre portion of an approximately 250-acre parcel southeast of the intersection of Kincaid Boulevard and Rhonda Place SE in Loudoun County, Virginia.

PROPOSED WORK AND PURPOSE:  The applicant proposes to construct a residential development at the subject location.  The project is called Tuscarora Crossing-Landbay 2 and will permanently impact 0.10 acre of palustrine forested wetlands (PFO), 0.01 acre of palustrine emergent wetlands (PEM), 1.28 acres of palustrine open water (POW) and 154 linear feet of stream channels.  An additional 34 linear feet of stream channel will be temporarily impacted.  The impacts are associated with 64 single-family homes and associated infrastructure.  The proposed activity will avoid and minimize impacts to the maximum extent practicable and mitigation for all impacts will be provided by credit purchase from approved wetland and stream banks or the Virginia Aquatic Restoration Trust Fund.  

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.  A Vicinity Map and Project drawings are attached and the Joint Permit Application can be found on the Virginia Marine Resources Commission website at:

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:  (1) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process, the Northern Long Eared Bat may be affected, but the 4(d) key was completed and no further coordination with the Fish and Wildlife Service is required; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places will be adversely affected by the proposed work. The Permit Area and Area of Potential Effects consists of the entire study area.    Additional information might change any of these findings. 

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to, or by regular mail, addressed to the Norfolk District, Corps of Engineers, Northern Virginia Field Office, 18139 Triangle Plaza, Suite 213, Dumfries, Virginia 22026, and should be received by the close of business on August 24, 2020.

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 757-201-7124 or by email at the address above.

Attachment: Drawings