June 20, 2023
NAO-2017-02042 / VMRC 22-2702
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
Loudoun County Department of Transportation Capital Infrastructure
101 Blue Seal Drive, Suite 102
Leesburg, VA 20177
PROJECT LOCATION: Loudoun County proposes to extend Lockridge Road (henceforth called Lockridge Road Extended) north from the existing intersection at Prentice Drive and then westward across Loudoun County Parkway to tie into the existing intersection at Shellhorn Road and Metro Center Drive, in Loudoun County, Virginia.
PROJECT SIZE: 2.1 miles of a four-lane divided roadway with associated pedestrian and bicycle facilities.
NEAREST WATERWAY: Broad Run, a perennial tributary to the Potomac River, and unnamed tributaries to Broad Run. The entire project area is within the National Watershed Boundary for Potomac River-Broad Run Hydrologic Unit Code (HUC) 0207000809.
LATITUDE AND LONGITUDE: 39.006563, -77.473197
PROJECT DESCRIPTION AND PURPOSE: The applicant proposes to extend portion of Lockridge Road in two phases. Phase I is approximately 1.1 miles of four- lane divided road from Metro Center Drive and Shellhorn Road intersection and the Quantum Connect Boulevard to Lockridge Road. Phase II is 0.96 mile east from Phase I section of Lockridge Road and Loudoun County Parkway to the continued extension of Lockridge Road Extended and Prentice Drive. Additionally, the improvements include a bridge crossing for Broad Run and an entrance for the future Barrister Road.
The project is designed in accordance with Loudoun County’s transportation growth strategy as described in the Loudoun County 2019 Countywide Transportation Plan (CTP), amended July 5, 2022 (Loudoun County, 2019). The construction of the supplemental Prentice Drive and Lockridge Road alignments will serve to meet the projected transportation needs of Loudoun County. The project will provide additional roadway connections in an area that currently lacks direct east to west throughways, reducing travel time and alleviating traffic congestion.
The proposed project will permanently impact 3,086 linear feet of stream and
1.39 acres of wetlands, and temporarily impact to 0.181acres of wetlands and 435 linear feet of stream.
AVOIDANCE AND MINIMIZATION: The project has undergone several design and location changes due to the current land development adjacent to the project limits of disturbance (LOD). The final location is determined by the location and shape of the existing undeveloped property. Several portions of the proposed project’s LOD will overlap with present construction and collaboration amongst the designers of this project and existing construction projects has produced mutually beneficial access areas between developments to minimize the impact footprint.
Alternative 1, “no build” alternative will not meet the traffic challenges for the area. Alternative 2, aligned the project closer to tributaries of Broad Run; however, this alternative will require a take of existing buildings and utility lines.
Alternative 3, the selected alternative, will have fewer environmental impacts and the proposed Broad Run bridge will be a perpendicular and not a diagonal crossing to minimize wetland impacts. In addition, Alternative 3 does not involve the taking of private property or existing buildings and the need to move utility poles.
COMPENSATORY MITIGATION: The current compensatory mitigation ratios for non-tidal forested, scrub shrub and emergent wetlands are 2:1, 1.5:1, and 1:1, respectively. The applicant proposes compensatory mitigation for all unavoidable permanent impacts to wetlands and streams by purchasing a total of 2.07 wetland credits and 2,880 stream credits from a mitigation bank approved to serve the watershed HUC 0207000809.
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 species list from the Fish and Wildlife Service (FWS) Information for Planning and Consultation (IPaC) database identified two listed species for the Project area, the Northern long-eared bat (Myotis septentrionalis), and the dwarf wedgemussel (Alasmidonta heterodon).
Based upon our IPaC submission and a standing analysis completed by the FWS, the project has reached the determination of “May Affect, Not Likely to Adversely Affect” the Northern long-eared bat.
The Corps is coordinating potential effect on the Tricolored bat (Perimyotis subflavus), proposed for listing as endangered, and the dwarf wedgemussel further with the FWS.
The FWS 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 National Marine Fisheries Service 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: firstname.lastname@example.org.
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 email@example.com, 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 July 20, 2023.
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 via email firstname.lastname@example.org or phone 540-682-9552.
NAO-2017-02042 Vicinity Map
NAO-2017-02042 Permit Plans
NAO-2017-02042 FWS List
NAO-2017-02042 Species Conclusion Table