CENAO-WRR NAO-2005-03211

U.S. Army Corps of Engineers Norfolk District
Published Sept. 8, 2022
Expiration date: 9/21/2022

CENAO-WRR NAO-2005-03211

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

Winchester Chase Development, LLC Attn: Jeff Rizer
475 Winchester Street
Warrenton, VA 20186

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project site is located on the east side of Winchester Street, south of Combs Drive and west of North View Circle, in the Town of Warrenton, which is situated within the limits of Fauquier County, Virginia (38.724976, -77.798285).

PROPOSED PROJECT: The applicant is requesting a State Programmatic General Permit from the Norfolk District under Section 404 of the Clean Water Act for the discharge of fill into approximately 0.03 acre of palustrine forested wetlands (PFO), 0.06 acre of palustrine emergent wetlands (PEM), and 533 linear feet (0.04 acre) of stream channel.

PROJECT PURPOSE AND NEED: The project involves constructing Phase II of a single-family home development known as the Winchester Chase development. Phase I of the Winchester Chase Development was constructed entirely in uplands. Therefore, a Department of Army permit was not required.

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 by Thunderbird Archeology, titled “Winchester Chase Phase II - Phase I Cultural Resources Investigation”, dated January 2021 with a revision date of July 2021. The survey identified two (2) archaeological sites 44FQ0377 and 44FQ0378 and two (2) architectural sites, the Yorkshire House (156-0086/156-5095) and the Warrenton Historic District (156-0019). It has been determined that resources 44FQ0377 and 44FQ0378 remain unevaluated for their potential National Register of Historic Places (NRHP) eligibility. The Warrenton Historic District (156-0019) and the Yorkshire House are listed on 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 on the Yorkshire House (156-0086/156-5095). 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 anna.r.lawston@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: Anna Lawston), PO Box 489, Amissville, VA 20106 and should be received by the close of business on September 21, 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. Anna Lawston at 540-764-4459 or by email anna.r.lawston@usace.army.mil.

Attachments: Vicinity Map, Project Drawings