FEDERAL PUBLIC NOTICE
The District Commander has received a joint application for federal and state permits as described below:
APPLICANT
Timber Ridge at EDS, LLC
42395 Ryan Road, Suite 112/614
Ashburn, Virginia 20148
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project site contains an unnamed tributary to Dead Run and is located west of Centreville Road (Route 657), on the north side of Wall Road (Route 648) and south of EDS Drive in Fairfax County, Virginia.
PROPOSED WORK AND PURPOSE: The applicant proposes to construct Timber Ridge at EDS on an approximately 97-acre site. The development will consist of a mixed-use town center, a 17-acre park facility with athletic fields, road improvements and associated infrastructure.
The proposed project would permanently impact approximately 0.92 acres of palustrine forested wetlands (PFO), 0.45 acres of palustrine emergent wetlands (PEM), and 192 linear feet of stream channel. The applicant proposes to mitigate these impacts offsite through the purchase of 2.29 mitigation credits and 138 stream credits from the Loudon County Wetlands and Streams Restoration Bank.
In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401certification from the Virginia Department of Environmental Quality assuring that applicable laws and regulations pertaining to water quality are not violated. Project drawings are attached.
AUTHORITY: Permits are required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.
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 classification, 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 pursuant to the National Environmental Policy Act. 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.
Preliminary review indicates that: (l) no environmental impact statement will be required; (2) no species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; and (3) based on review of the Virginia Department of Historic Resources’ Data Sharing System, an archeological site and architectural sites were found within the project area. The sites are considered not eligible for listing on the National Register of Historic Places. Additional information might change any of these findings. For compliance with the Coastal Zone Management Act of 1972, as amended, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal zone (Tidewater) will be conducted in a manner consistent with the Virginia Coastal Resources Management Program (VCP). For more information or to obtain a list of the enforceable programs of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: elirons@deq.virginia.gov.
COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WR-RN), 18139 Triangle Shopping Center, Suite 213, Dumfries, Virginia 22026 and should be received by the close of business on Nov. 5, 2012.
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, please call: Theresita Crockett-Augustine at 703-221-9736 or email at theresita.m.crockett-augustine@usace.army.mil.
FOR THE DISTRICT COMMANDER:
NICHOLAS L. KONCHUBA
Chief, Northern Virginia
Regulatory Section