US Army Corps of Engineers
Norfolk District Website

CENAO-WR-RN NAO-2019-00878

U.S. Army Corps of Engineers Norfolk District
Published July 2, 2021
Expiration date: 7/29/2021

CENAO-WR-RN
NAO-2019-00878

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

APPLICANT
Mr. Brian Eklund
HEDR Hartland LP
2800 Post Oak Boulevard, Suite 4800 
Houston, TX 77056-6126


PROJECT LOCATION:  The project site is located in the Broad Run watershed north of the intersection of Route 50 and Lenah Farm Lane, and west of Fleetwood Road in Loudoun County, Virginia. 

PROJECT SIZE: 285 acres

NEAREST WATERWAY: Lenah Run 

LATITUDE AND LONGITUDE: 38.9625, -77.5817

PROJECT DESCRIPTION AND PURPOSE:  HEDR Hartland LP proposes to modify the existing authorized Hartland Phase II permit to include additional impacts to construct Phase III of a residential development at the subject location. 

Hartland Phase I and Hartland Phase II were previously authorized under 17-SPGP-01 and an Individual Permit respectively, with permanent impacts to 0.88 acre of palustrine forested wetlands (PFO), 0.06 acre of palustrine emergent wetlands (PEM), and 1,405 linear feet (0.87 acre) of stream channels; and temporary impacts to 0.03 acre of PEM and 467 linear feet (0.16 acre) of stream channel. 

Hartland Phase III will impact an additional 0.05 acre of PFO of which 0.04 acre is conversion from PFO to PEM, 0.21 acre of PEM, 965 linear feet (0.15 acre) of stream channel.  The project will also temporarily impact 300 linear feet (0.10 acre) of stream channel and 0.02 acre of palustrine open water (POW). The impacts are associated 

with the 301-lot residential development roadways, utilities, and stormwater management facilities. 


AVOIDANCE AND MINIMIZATION:  The applicant provided an alternatives analysis   via the permit application request dated April 23, 2021. The alternatives analysis is still under review.  A Corps permit will only be issued after all efforts to avoid and minimize impacts have been examined and it is determined the project proposed is the Least Environmentally Damaging Practicable Alternative.


COMPENSATORY MITIGATION: To compensate for the unavoidable impacts to wetlands and streams, the applicant proposes to mitigate these impacts offsite through the  purchase of 0.27 wetland mitigation credits and 816 stream credits from approved mitigation banks.


In addition, the applicant must obtain an Individual Section 401 Water Quality Certification or waiver from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated.   

Copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website 
(https://webapps.mrc.virginia.gov/public/habitat/search_permits.php?id=20210625).   

AUTHORITY: 

☐    Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

☒    Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and 
Title 62.1 of the Code of Virginia.

☐    Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 
    (33 U.S.C. 1413).

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 (EIS) pursuant to the National Environmental Policy Act.  Preliminary review of the application indicates that no EIS will be required. 
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.

ENDANGERED SPECIES: after conducting the Norfolk District Endangered Species Act (ESA) Project Review Process, the Corps has made the preliminary determination that:

☐ No listed/proposed/candidate species and/or designated/proposed critical habitat under the ESA 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 U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) is required.

☒ The Northern long-eared bat may be affected, but the FWS Information and Planning and Consultation (IPaC) 4(d) determination key was completed and no further coordination with the FWS is required.

☐ There may be an effect to listed/proposed/candidate species and/or designated/proposed critical habitat under the ESA of 1973. The IPaC Official Species List and Species Conclusion Table are attached for review and comment by the FWS and the NMFS.

Additional information might change any of these findings.

HISTORIC AND CULTURAL RESOURCES:

☐ No known Historic Resources eligible for inclusion or included in the National Register of Historic Places (NRHP) are in or near the Corps permit area or would likely be affected by the proposal.

☒  Historic Resources eligible for inclusion or included in the NRHP are in or near the Corps permit area or would likely be affected by the proposal.

Additional information may change any of these findings. 

ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH).

☒ There is no EFH in the Corps area of responsibility. 

VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: 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). 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.

☐ The applicant has not submitted concurrence.

☐ The applicant has submitted concurrence.

☒ No concurrence is required because the project is not located within Virginia’s Coastal Zone.

VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: The applicant must obtain, from the Virginia DEQ, a Clean Water Act Section 401 Water Quality Certification for any federal license or permit that authorizes an activity that may result in a discharge into waters of the U.S. (40 CFR Part 121).  As the Certifying Authority, the Virginia DEQ may grant, grant with conditions, or deny a certification request.  Alternatively, the Virginia DEQ may waive, expressly or implicitly, its authority to act on a certification request.  In either case, a written notice of waiver from DEQ (expressly waived) or from the Corps (implicitly waived), satisfies the project proponent’s requirement to obtain certification. 

PRE-FILING MEETING (PFM)

☒ The applicant has requested a PFM with DEQ 

☐ The applicant has not requested a PFM with DEQ.


COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to theresita.m.crockett-augustine@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: Ms. Theresita Crockett-Augustine), 1329 Alum Spring Road, Suite 102, Fredericksburg, VA 22401, and should be received by the close of business on July 29, 2021. 

PRIVACY AND 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
Theresita Crockett-Augustine at theresita.m.crockett-augustine@usace.army.mil or (757) 201-7194.

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