FEDERAL PUBLIC NOTICE
The District Commander received a joint application for Federal and State permits as described below:
APPLICANT
Airlee Property Owner, LLC
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in tributaries to Polecat Creek, at 19256-19318 U.S. Route 1, Ruther Glen, Virginia. A vicinity map is attached.
LATITUDE AND LONGITUDE: 37.9978681, -77.5014514
PROPOSED PROJECT: The applicant proposes the permanent fill of 0.86 acres of wetlands and 0.11 acres of streams.
PROJECT PURPOSE AND NEED: The purpose of the proposed project is to construct two warehouses and distribution facilities. The need is to support existing and future retail operations across the eastern U.S. by creating warehouse space along the I-95 corridor.
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. A cultural resources survey was conducted on the project site and a report prepared: “Phase II Archaeological Evaluation of Site 44CE1019, dated December 2025, by Dutton + Associates, A Timmons Group Company”. The cultural resources survey and report are a reasonable and good faith effort to identify historic properties. The survey identified one archeological site (44CE1019), this is an early-19th to mid-20th century domestic site associated with the Boulware family. Dutton and Associates recommends the site as eligible for inclusion in the National Register of Historic Properties under Criterion D.
ADVERSE EFFECT DETERMINATION: In consultation with the State Historic Preservation Office, which in Virginia Is the Department of Historic Resources (VDHR), 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 Site 44CE1019. 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, VDHR, the permittee, and other consulting parties are proposing to enter into a Memorandum of Agreement under Section 106 of the National Historic Preservation Act.
COMMENT PERIOD: Comments on this project should be in writing and can be sent to https://rrs.usace.army.mil/rrs/public-notices and should be received by July 02, 2026. The point of contact for this project is Andrew Griffey and email of andrew.p.griffey@usace.army.mil.
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.
Attachments:
Vicinity Map
Project Drawings