October 26, 2021
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
26000 Simpson Road
Dinwiddie, Virginia 23803
PROJECT LOCATION: Prince William County is proposing the construction of bridges, realigning current roads, and road improvements for the following intersections: 1) Route 234 (Prince William Parkway/Dumfries Road) and Brentsville Road, 2) Prince William Parkway (Route 294) and Dumfries Road (Route 234), and 3) Brentsville Road intersection along with the intersection of Prince William Parkway (Route 294) and Route 234 business in Prince William County, Virginia.
PROJECT SIZE: The project area encompasses 120-acres.
NEAREST WATERWAY: The proposed project is located in wetlands and waters associated with unnamed tributaries to Piney Branch, which flows to the Occoquan River. (Occoquan River-Potomac River basin)
LATITUDE AND LONGITUDE: 38.715098, -77.46433
PROJECT DESCRIPTION AND PURPOSE: In order improve traffic operations, the Prince William County proposes to construct bridge structures to grade to separate the intersection of Prince William Parkway and Brentsville Road and the intersection of Prince William Parkway of Route 234 business and will convert the intersection of Prince William Parkway at Bradley Cemetery Way to a continuous Green-T intersection that will include the realigning of Brentsville Road to provide a through road to Dumfries Road. The proposed project will permanently impact 2,105 linear feet of stream and 2.043 acres of wetlands (1.849 acres of palustrine forested wetlands (PFO), 0.181 acres of palustrine emergent wetlands(PEM) and 0.013 acres of palustine open water (POW) wetlands).
AVOIDANCE AND MINIMIZATION: The Route 234 Brentsville Road Interchange was originally studied with the Route 234 Bypass (Prince William Parkway) Project in the early 1990s and was included in the 1994 Route 234 Bypass Supplemental Environmental Impact Statement. Prince William County prepared a supplemental Environmental Studies (SEIS) document in 2021 for the project. The location of the proposed improvements is essentially the same as was proposed and evaluated in the 1994 SEIS, however, modification have been made to the design that will improve traffic operations and coordinate with other planned transportation improvements to meet the goals of today. Environmental studies conducted determined modifications required a change in the design, a change in regulatory requirements and guidance, and a change in the affected environment since the 1994 SEIS was issued.
Most of the right of way for the interchange was acquired with the Route 234 Bypass project. The reduced footprint has contributed to an overall reduction in environmental impacts within the interchange area and additional adjustments has been made for the location of the stormwater facilities necessary to meet requirements for Stormwater Management regulations.
COMPENSATORY MITIGATION: The applicant proposes compensatory mitigation for all unavoidable permanent impacts to wetlands and streams by purchasing a total of 3.89 wetland credits and 1,757 stream credits from a mitigation bank approved to serve the watershed.
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.
The applicant must obtain a permit from the Prince William County Wetlands Board if applicable.
A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website.
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(x ) 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:
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.
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.
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: firstname.lastname@example.org.
The applicant has not submitted concurrence.
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 on April 20, 2021
COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to email@example.com, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR), 1329 Alum Spring Road, Suite 102, Fredericksburg, VA 22401, and should be received by the close of business on November 10, 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 Ms. Regena Bronson, at firstname.lastname@example.org or at 757-201-7828.
Attachments: NAO-2021-01061_Vicinity Map