CENAO-WRR-N November 21, 2022
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
DWC Holdings, LLC
191 North Wacker Drive, Suite 2350
Chicago, Il 60606
PROJECT LOCATION: The project is located northeast and adjacent to the Dulles Greenway (State Routes 267) and Sully Road (Route 28) interchange and is bounded to the north and southeast by Innovation Avenue; the former Innovation Avenue currently bisects the study area in Loudoun County, Virginia.
PROJECT SIZE: The project area encompasses 86 acres.
NEAREST WATERWAY: The project is associated with an unnamed tributary to Horsepen Run, located in the Broad Run-Potomac River watershed Hydrologic Unit Code 02070008.
LATITUDE AND LONGITUDE: 38.96424, -77.421573
PROJECT DESCRIPTION AND PURPOSE: The applicant proposes to construct a mixed-use development, Rivanna at Innovation Station, Phase I and Phase II, to include a walkable urban center connecting to a future Metro station and stream restoration in the open space. Phase I will include 250,000 square feet office space, 2,000 residential units, a 265-room hotel, and communal open space. Phase II of the project includes 1,185 linear feet of stream restoration associated with a tributary of Horsepen Run within the western portion of the project area. The proposed project would permanently impact 1.38 acres of non-tidal wetlands,1,803 linear feet linear feet of stream channel, and temporarily impacts to 1,002 linear feet of stream channel.
AVOIDANCE AND MINIMIZATION: The project is currently authorized under a 17-SPGP-01 and VWP General Permit; however, the plans have been revised to construct a mixed-use development and stream restoration. The current authorized layout was thoroughly revised to redirect vehicular traffic flow to the perimeter of the project for the development to be considered walkable. The location determined for the proposed traffic circle will adhere to the design goal of a walkable urban center with no main vehicular thoroughfare bisecting the development, as well as the logistics for safe traffic flow within the proposed development.
The Applicant proffers to compensate for Phase I loss of 1.38 acres of non-tidal wetlands and 1803 linear feet of stream by the purchase of 2.36 wetland credits and 1, 672 stream credits from a mitigation bank approved to serve the project’s watershed. Phase II permanent impacts to 0.52 acre of non-tidal wetlands will be compensated by the purchase of 1.03 wetland credits from a mitigation bank approved to serve the project’s 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.
A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website (hyperlink).
( ) 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 Fish and Wildlife Service (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 candidate species Monarch butterfly under the ESA of 1973. The IPaC Official Species List and Species Conclusion Table are attached for review and comment by the FWS.
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) 659-1915 or e-mail: email@example.com.
No concurrence is required because the project is not located within Virginia’s Coastal Zone.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 11, 2020, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the Virginia Department of Environmental Quality. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received a Department of the Army (DA) permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to firstname.lastname@example.org, or by regular mail, addressed to the Norfolk District, Corps of Engineers, 10300 Spotsylvania Avenue, Suite 230, Fredericksburg, VA 22408, and should be received by the close of business on December 21, 2022.
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 email@example.com or 540-682-9552
Species Conclusion Table
USFWS Self Certification Letter
USFWS Species List