NAO-2020-00298-rdb (VMRC 20-1957)

Norfolk District, U.S. Army Corps of Engineers
Published Feb. 4, 2021
Expiration date: 3/6/2021

February 4, 2021
NAO-2020-00298-rdb (VMRC 20-1957)

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

Prince William County c/o Ricardo Canizales
5 County Complex Court Suite 290
Prince William, VA 22192

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed project is located west and generally parallel to Interstate 95 (I-95) between Minnieville Road (State Route 640) and the Prince William Parkway (State Route 294) in Prince William County, Virginia. The proposed project is located in wetland and waters associated with unnamed tributaries to Marumsco Creek, which flows to the Occoquan Bay, within the Potomac River-Occoquan Bay basin.

PROPOSED WORK AND PURPOSE:  The applicant proposes to construct approximately 0.8 miles of new roadway (Summit School Road) and widen/improve approximately 0.4 miles of existing roadway (Telegraph Road) as part of the proposed project. The proposed project will result in unavoidable permanent impacts to 1.09 acres of non-tidal wetlands and 1,416 linear feet of streams. The proposed project will also result in temporary impacts to 0.06 acre of non-tidal wetlands and 73 linear feet of streams. The purpose of the proposed work is to provide connection from the existing portion of Summit School Road from its current terminus, south along a new alignment to connect with existing Telegraph Road, and to improve the existing Telegraph Road between Caton Hill Road and the Prince William Parkway. Prince William County states that the project is needed to reduce local congestion, improve safety, and add much-needed capacity to the transportation system in the area, especially during peak-hour travel.

Prince William County developed the proposed alternative for the project to minimize stream and wetland impacts associated with the preliminary alternative. This alternative shifted a portion of the new Summit School Road alignment closer to existing Telegraph Road to reduce impacts to a large stream and wetland system near the proposed intersection of Summit School Road and Telegraph Road. The proposed alternative reduces total stream impacts by 23% and total wetland impacts by 21% in comparison to the previously identified alternative, and thus was determined to be the least environmentally damaging alternative. Project drawings of the proposed alternative are attached as Drawings 2.

The applicant has proposes compensatory mitigation for all unavoidable permanent impacts to wetlands and streams by purchasing a total of 1.29 wetland credits and 1,317 stream credits from a private agency-approved mitigation bank. The applicant proposes to restore all temporary impact areas to pre-construction contours, stabilize, and seed with a wetland mix upon construction completion in that area of the project. The sequence of construction as defined in the plans will be prepared in a manner as to minimize the duration of time in which these temporary impacts will be made.

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 Prince William County Wetlands Board.  Project drawings are attached.

Copy of the joint permit application can be found on the Virginia Marine Resources Commission’s web link here.

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 or National Marine Fisheries Service is required *OR* 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 *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 or National Marine Fisheries 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).  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 Virginia CZM Program, contact the DEQ-OEIR at (804) 698-4204 or e-mail:

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,1329 Alum Spring Road, Suite 102, Fredericksburg, Virginia  22401, and should be received by the close of business on March 6, 2021.

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:

Ms. Regena Bronson at 540-682-9552 or

Attachment: Impact Drawings 1 and 2, Official Species List, SCT, Vicinity Map