FEDERAL PUBLIC NOTICE
The District Commander has received a joint application for Federal and State permits as described below:
APPLICANT
Roberts Road Investment, LC
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed project is located west of Interstate 95 (I-95), north of Centreport Parkway and south of Stafford Regional Airport in Stafford County, Virginia. The proposed project is located in waters associated with unnamed tributaries to Potomac Creek, which flows to the Potomac River.
PROPOSED WORK AND PURPOSE: The applicant proposes to construct two 630,000 square foot buildings with approximately 1,100 tractor trailer parking spaces, 350 trailer loading spaces, approximately 1,800 employee parking spaces, and associated stormwater management and utilities. The proposed project will result in permanent impacts to 0.79 acre of wetlands and 1,506 linear feet (0.23-acre) of stream channel. The purpose of the proposed work is to provide large-scale distribution facility in proximity of I-95 in Stafford County between Richmond and Northern Virginia to remain market competitive.
The applicant had demonstrated avoidance and minimization by reconfiguring parking lots and buildings on-site to avoid wetlands and streams. Off-site alternatives are not applicable due to costs, location, and acreage size in the vicinity of the preferred site near I-95 in Stafford County, Virginia.
The applicant proposes compensatory mitigation for the permanent loss of 1.02 acres of wetlands by purchasing 3.04 wetland mitigation credits from private agency-approved mitigation bank. In addition, the applicant proposes on-site restoration and enhancement of 2,646 linear feet of stream channel for the permanent loss of 1,506 linear feet of stream channel. Total impacts for the project are 1.54 acre of wetlands and 2,186 linear feet of stream; however, the Corps jurisdiction is limited to 1.02 acres of wetlands and 1,506 linear feet of stream.
In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the DEQ assuring that applicable laws and regulations pertaining to water quality are not violated and a permit from the Stafford County Wetlands Board. Copy of the joint permit application can be found on the Virginia Marine Resources Commission’s web-site “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: (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 impact areas and adjacent uplands. Additional information might change any of these findings.
For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Virginia’s Coastal Zone , 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’s Coastal Zone Management Program (Virginia CZM Program),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 OEIR 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 in the Federal Consistency Manual here: https://www.deq.virginia.gov/permits-regulations/environmental-impact-review/federal-consistency . 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: bettina.rayfield@deq.virginia.gov.
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, 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 April 1, 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 regena.d.bronson@usace.army.mil
Attachment: Impact Plan, Official Species List, SCT, Vicinity Map, Compensatory Mitigation Plan