February 4, 2021
CENAO-WRR
NAO-2018-02101 (VMRC 20-0748)
FEDERAL PUBLIC NOTICE
The District Commander received a joint application for Federal and State permits as described below:
APPLICANT
Hylton Venture, LLC
WATERWAY AND LOCATION OF THE PROPOSED WORK: The approximately 87-acre project is within the Rappahannock River watershed and tributaries of Smith Run. The project site is located north of Plank Road, east of Interstate 95, south of Cowan Boulevard, and in the City of Fredericksburg, Virginia
PROPOSED PROJECT: The applicant is requesting a State Program General Permit (17-SPGP-01) from the Norfolk District under Section 404 of the Clean Water Act for the permanent discharge of fill into 1,218 linear feet (0.18 acre) of stream channel, 0.40 acre of palustrine forested (PFO) wetlands, 0.28 acre of palustrine emergent (PEM) wetlands, and 1.00 acre of palustrine open waters (POW).
PROJECT PURPOSE AND NEED: The proposed Gateway Boulevard Project is a mixed-use commercial development, to include a medical care facility, hotel, apartments, retail structures, restaurants, and offices that will serve the growing population in the Fredericksburg region.
AUTHORITY: Permits for the work in waters and wetlands are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217). The Corps must comply with the National Historic Preservation Act (NHPA) (54 U.S.C. § 306108), 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits.
PURPOSE OF PUBLIC NOTICE: Hylton Venture, LLC is proposing to enter into a Memorandum of Agreement (MOA) with the US Army Corps of Engineers, Norfolk District (Norfolk District) and the Virginia Department of Historic Resources (DHR) under Section 106 of the National Historic Preservation Act. In compliance with regulations implementing Section 106 of the National Historic Preservation Act (NHPA), the Norfolk District is soliciting comments on the proposed project from the public; Federal, state, and local agencies and officials; Native American Tribes; and other interested parties. This public notice provides an opportunity for members of the public to express their views on the undertaking’s effects on historic properties and resolution of adverse effects. Comments are requested to assist in evaluation of the effects of the project on historic properties and evaluation of alternatives or modifications which could avoid, minimize or mitigate adverse effects on historic properties.
HISTORIC PROPERTY IDENTIFICATION: The Norfolk District identified historic properties within the permit area. Archaeological resource DHR ID#44SP0783 and the study/core area for the Bank’s Ford/Salem Church Battlefield (DHR ID#088-5181), are located within the limits of the project site. A cultural resources survey was conducted on the project site and a report prepared: “Phase 1 Archaeological Survey of the Hylton Project Area, City of Fredericksburg, Virginia” , dated February 2018, by Dovetail Cultural Resource Group. The cultural resources survey and report are a reasonable and good faith effort to identify historic properties. The survey identified 5 (five) archeological sites (44SP0301, 44SP0661, 44SP0663, 44SP0783, and 44SP0784) and the study/core area for the Bank’s Ford/Salem Church Battlefield (DHR ID#088-5181), are located within the limits of the project site. The Bank’s Ford/Salem Church Battlefield is potentially eligible for listing in the National Register of Historic Places (NHRP).
ADVERSE EFFECT DETERMINATION: In consultation with the DHR, and in consideration of views concerning effects provided by consulting parties, the Norfolk District applied the criteria of adverse effect to historic properties within the permit area. The Norfolk District has determined that the proposed federal action would result in an adverse effect for cultural resource 44SP0783 associated with fill authorized by the Norfolk District. The permit area overlaps DHR ID#088-5181, while the proposed development may alter the setting and feeling of the battlefields, it will not diminish the characteristics that render these resources eligible for the NRHP. The project will have no adverse effect on the battlefields. The Norfolk District is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties. The Norfolk District, the DHR, the permittee, and other consulting parties are proposing to enter into a MOA under Section 106 of the National Historic Preservation Act.
COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to regena.d.bronson@usace.army.mil, or by regular mail to the following address:
Norfolk District, Corps of Engineers
1329 Alum Spring Road, Suite 102
Fredericksburg, Virginia 23510-1011
Comments should be received by the close of business on February 19, 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 Regena Bronson at 757-201-7828 or by email regena.d.bronson@usace.army.mil.
Attachments:
Vicinity Map
Wetland Impact Map
VCRIS Map (architectural resource map)