May 13, 2024
CENAO-WRR
NAO-2021-00803
FEDERAL PUBLIC NOTICE
The District Commander received a joint application for Federal and State permits as described below:
APPLICANT
Brookfield Washington, LLC
3201Jermantown Road
Suite 150
Fairfax, VA 22030
WATERWAY AND LOCATION OF THE PROPOSED WORK:
The project is located on the east line of Milburn Road at the southern terminus of Snowden Boulevard, in Frederick County, Virginia. A vicinity map is attached.
LATITUDE AND LONGITUDE: Lat: 39.217762; Long -78.108217
PROPOSED PROJECT:
The applicant proposes to temporarily impact 122 linear feet of stream channel and to permanently impact 0.01 acre of emergent wetlands and 1,851 linear feet of stream channel.
PROJECT PURPOSE AND NEED:
To construct a multi-user residential development to be known as Snowden Bridge.
AUTHORITY:
Permits for the work in waters, including 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 Corps 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. The Corps is requesting comments 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 Corps identified historic properties within the Corps permit area. The applicant conducted cultural resources survey and prepared a report entitled “A Phase I Archeological Survey of the Stephenson Village Property: An 1,100-Acre +/- Tract Located on Old Charles Road in Frederick County, Virginia” dated January 15, 2005, and a Phase II evaluation survey entitled “Phase II Investigation of Site 44FK0411, Stephenson Village Property” dated December 2023. The cultural resources surveys and reports are a reasonable and good faith effort to identify historic properties. The project site is located within the Milburn Rural Historic District (034-5035), eligible for listing on the National Register of Historic Places.
ADVERSE EFFECT DETERMINATION:
In consultation with the State Historic Preservation Office, and in consideration of views concerning effects provided by consulting parties, the Corps applied the criteria of adverse effect to historic properties within the permit area.The Corps determined that the proposed federal action would result in an adverse effect on the Milburn Rural District (034-5035), the Byers House (034-1124), and the Battle of Stephenson’s Depot (034-0720). The Corps 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 Corps, the Virginia Department of Historic Resources, 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 silvia.b.gazzera@usace.army.mil or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR), 803 Front Street, Norfolk, Virginia 23510-1011, and should be received by the close of business May 27, 2024
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
Dr. Silvia Gazzera at 804-212-6817 or by email silvia.b.gazzera@usace.army.mil
Attachments: