NAO-2013-01663 (Potomac Creek, Stafford County)

Published May 17, 2022
Expiration date: 5/27/2022

May 13, 2022

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

Capital 95 Logistics, LLC - Hunter Harris
3515 West 75th Street, Suite 103
Prairie Village, KS 66208

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in Potomac Creek, east of the intersection of Mountain View Road and Centreport Parkway, at 68 Oakenwold Lane in Stafford County, Virginia. 

PROPOSED PROJECT:  The applicant is requesting an Individual Permit from the Norfolk District under Section 404 of the Clean Water Act for the discharge of fill into approximately 0.75 acre of palustrine forested wetlands (PFO), 0.55 acre of palustrine emergent wetlands (PEM), 0.50 acre of palustrine open water (POW), and 1,122 linear feet (0.12 acre) of stream channel. 

PROJECT PURPOSE AND NEED:  The proposed project is a large-scale distribution facility that will provide warehouse space in close proximity to major transportation routes (Interstate 95 and Route 1). 

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 NHPA and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits. 

PURPOSE OF PUBLIC NOTICE:  In compliance with regulations implementing Section 106 of the NHPA, the U.S. Army Corps of Engineers (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, Regulatory Branch identified historic properties within the permit area.  A cultural resources survey was conducted on the project site and a report prepared: “Phase I Cultural Resources Survey of the Capitol 95 Logistics/Project Ivy (aka Oakenwold Tract)”, dated      December 2021, revised February 2022, and a “Phase II Archaeological Excavations of Site 44ST1148 at the Capitol 95 Logistics/Project Ivy (aka Oakenwold Tract) dated January 2022, revised March 2022 by Circa -Cultural Resource Management, LLC, Inc.  The cultural resources survey and report are a reasonable and good faith effort to identify historic properties.  The survey identified (1) one architectural site, Oakenwold Farm (089-0157), which has been identified as eligible for listing in the National Register of Historic Places (NRHP); and Site 44ST1148, which has been identified as potentially eligible for listing in the NRHP.   

ADVERSE EFFECT DETERMINATION:  In consultation with the Virginia Department of Historic Resources (DHR), and in consideration of views concerning effects provided by consulting parties, including Tribes, 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 Oakenwold Farm (089-0157) and 44ST1148.  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, DHR, the permittee, and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the NHPA. 

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 (ATTN: Ms. Theresita Crockett-Augustine), 1329 Alum Spring Road, Suite 102, Fredericksburg, VA 22401 and should be received by the close of business on May 27, 2022. 

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. Theresita Crockett-Augustine at 757-201-7194 or by email

Vicinity Map
Project Drawings