US Army Corps of Engineers
Norfolk District Website

2005-01860-arl (Jonas Run)

Published April 21, 2014
Expiration date: 5/21/2014

The District Commander has received a joint application for Federal and State permits as described below:

APPLICANT
Stickbow, LLC
Attn: Dan Sweeney
10700 Spotsylvania Avenue
Fredericksburg, Va., 22408

WATERWAY AND LOCATION OF THE PROPOSED WORK
The approximately 185 acre site is located north of the Town of Culpeper and south of Chestnut Fork Road (State Route 685) in Culpeper County, Virginia.  The project is located along Jonas Run and its associated tributaries. 

PROPOSED WORK AND PURPOSE
The applicant proposes to complete construction of a residential community that was previously permitted under a COE Individual Permit but has since expired.  The applicant proposes to permanently impact a total of 1.75 acre of wetlands and 301 linear feet of stream channel.  The project proposes to temporarily impact 0.20 acre of wetland and 313 linear feet of stream channel.  The permanent impacts include the filling of 0.68 acre of palustrine forested wetland (PFO), 0.02 palustrine scrub-shrub wetland (PSS), 0.58 acre of palustrine emergent wetland (PEM), 0.10 acre of  palustrine open water, 286 linear feet of perennial stream channel, and 15 linear feet of intermittent stream channel.  Permanent impacts also include the permanent conversion of 0.37 acre of PFO/PSS wetland to PEM wetlands.  All temporary impacts will be restored to preconstruction contours and conditions upon the completion of construction. The applicant is proposing to mitigate for the proposed impacts through the purchase of wetland and stream credits from a COE/DEQ approved wetland and/or stream mitigation bank, as applicable. 

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated.  Project drawings are attached. 

AUTHORITY
Permits are required pursuant to 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) after conducting the NAO ESA Project Review Process, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended) will be adversely  affected.  Attached to this public notice are the Official Species List and Species Conclusion Table for review and comment by the US Fish and Wildlife Service; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal.  However, the project will be coordinated directly with the Virginia Department of Historic Resources for a 30 day comment period.  

For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Tidewater, 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 the Virginia Coastal Zone Management Program (VCP) and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). We have not received a certification from the applicant prior to publication of this public notice.  It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review 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 here: http://www.deq.virginia.gov/Programs/EnvironmentalImpactReview/FederalConsistencyReviews.aspx#cert .  For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: ellie.irons@deq.virginia.gov or john.fisher@deq.virginia.gov.

COMMENT PERIOD
Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN:  Anna R. Lawston), PO Box 578, Amissville, Virginia 20106, or at anna.r.lawston@usace.army.mil and should be received by the close of business on Wednesday, May 21, 2014.  

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. Anna R. Lawston via email at anna.r.lawston@usace.army.mil or via phone at 540-937-4197. 

 

FOR THE DISTRICT COMMANDER
Anna R. Lawston
Environmental Scientist
Northern Virginia Regulatory Section

Attachments:
Species Conclusions Table (North Ridge Phase II)
North Ridge JPA and PSD 32 (legend of approximate project limits)
North Ridge JPA and PSD 33 (legend of approximate project limits)
North Ridge JPA and PSD 37 (legend of approximate project limits)
Official species list and Phase II project location map