June 26, 2023
CENAD-TREC
NAO-2020-00548
FEDERAL PUBLIC NOTICE
The District Commander received a joint application for Federal and State permits as described below:
APPLICANT
TC MidAtlantic Development II, Inc
Attn: Raymond Goins
2100McKinney Avenue STE 800
Dallas, TX 75201
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project area is east of the intersection of Route 28 and Golf Academy Drive in Bristow (Prince William County), Virginia. The project site is further identified by physical address 10535 Bristow Road in Prince William County, Virginia. 38.730217, -77.538596
PROPOSED PROJECT: The applicant is requesting a State Programmatic General Permit from the USACE Norfolk District under Section 404 of the Clean Water Act for the discharge of fill into 0.92 acre of waters of the U.S.
PROJECT PURPOSE AND NEED: The project involves the construction of a commercial warehouse facility and associated infrastructure.
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. Cultural resources surveys were previously conducted by others and several archaeological sites were evaluated. Two archaeological sites were recommended for further evaluation, 44PW0971 and 44PW0980. A Phase II survey was completed by Dovetail Cultural Resources Group in June 2022. The Phase II results recommended no further work for 44PW0980 however 44PW0971 was recommended eligible based on Criteria A and D. In addition, the project is located within Core areas and POTNR area of the Bristoe Station Battlefield which is eligible for listing on the NHPA.
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 Bristoe Station Battlefield (076-5036/076-0024/076-5161) and archaeological resource 44PW0971. 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 July 11, 2023.
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
VCRIS map