CENAO-WRR
August 28, 2024
AO-2020-00657 / 24-V1609
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for federal and state permits as described below:
APPLICANT
Loudoun County Department of Transportation and Capital Infrastructure
Attn: Ms. Nancy Boyd
101 Blue Seal Drive
Leesburg, VA 20177
PROJECT LOCATION: Phase II of the Route 15 North (James Monroe Highway) widening project is located between Whites Ferry Road and Montresor Road in Loudoun County, Virginia.
PROJECT SIZE: 45.9 acres
NEAREST WATERWAY: Limestone Branch, a tributary to the Potomac River
LATITUDE AND LONGITUDE: 39.1668, -77.5362
PROJECT DESCRIPTION AND PURPOSE:
The applicant proposes to widen Route 15 North (James Monroe Highway) in separate phases from the existing two-lane highway to a four-lane highway for the purpose of alleviating traffic and reducing vehicular accidents, meeting the need for increased public safety and transportation, and accommodating current and projected populations.
This review is for Phase II from Whites Ferry Road to Montresor Road and includes five crossings with permanent impacts of 0.07 acre PFO, 0.84 acre (1,788 linear feet) stream, 0.05 acre (101 linear feet) overhead crossing, and 0.05 acre (49 linear feet) of existing culvert. Temporary impacts include 0.02 acre (35 linear feet) of stream. These impacts will result from grading and fill associated with the expansion of the existing two-lane highway to a four-lane highway, including accompanying outfalls, as well as the stream relocation and restoration efforts associated with the proposed roadway expansion.
AVOIDANCE AND MINIMIZATION:
The applicant states that due to the existing position of Route 15 and the location of wetlands and waters of the U.S. within the project area, the impacts associated with the widening of Route 15 are unavoidable. The proposed stream impacts are required due to the necessary replacement of existing culverts to increase the culvert length to match the proposed width of the roadway to allow for continued stream flow. Thus, this project has been minimized to the maximum extent practicable.
COMPENSATORY MITIGATION:
The applicant proposes to purchase 0.14 wetland credits from an approved mitigation bank, or purchase credits from the Virginia Aquatic Resources Trust Fund (VARTF), and 370 USM Compensation Credits (CCs) from an approved stream mitigation bank, or 1,726 Stream Condition Units (SCUs) from the Northern Virginia Stream Restoration Bank (NVSRB).
No mitigation is proposed for the 1,190 linear feet of perennial stream channel that is proposed to be relocated and restored, as the applicant considers this self-mitigating. Should the restoration be deemed unsuccessful by the end of the monitoring period, the applicant agrees to purchase an additional 796 CC or 4,227 SCUs to compensate for the unsuccessful restoration efforts.
The applicant is not proposing mitigation for impacts associated with existing culverts within waters of the U.S.
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 (https://webapps.mrc.virginia.gov/public/habitat/index.php) by searching for application number 20241609 for Phase II. (Note that the application number for Phase I is 20221310)
AUTHORITY:
( ) 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).
( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408 (Section 408)).
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, floodplain 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 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 there may be an effect on listed, proposed, candidate species, and/or designated, proposed critical habitat under the ESA of 1973. The U.S. Fish and Wildlife Service (FWS) Information and Planning and Consultation (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: 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 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/our-programs/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 email: bettina.rayfield@deq.virginia.gov.
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 nancy.p.davis@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR), 803 Front Street, Norfolk, VA 23510-1011, and should be received by the close of business on September 27, 2024.
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. Nancy Davis at nancy.p.davis@usace.army.mil or (757)677-6298.
Attachments: