December 10, 2014
2011-02598-arl (Cedar Run tributaries)
FEDERAL PUBLIC NOTICE
The District Commander has received a joint application for Federal and State permits as described below:
BRS – Mosby, LLC
Attn: Steve Vento
22821 Silverbrook Center Drive, Unit 100
Sterling, Virginia 20166
WATERWAY AND LOCATION OF THE PROPOSED WORK: The approximately 47.2 acre site is bound by Falmouth Street (Route 15) on the north side, Oliver City Road on the south side, Meetze Road on the east and the Eastern Bypass (Route 15/17/29) in the west and is located within the Town of Warrenton, Virginia.
PROPOSED WORK AND PURPOSE: The applicant is proposing the construction of a 135 single family home residential development and associated infrastructure. Permanent impacts associated with the proposal include 1,345 linear feet of intermittent stream channel, 0.17 acre of palustrine emergent wetland (PEM), 0.98 palustrine forested wetland (PFO).
As compensation for impacts to waters and wetlands of the US the applicant is proposing a combination of wetland credit purchase and stream credit purchase. All wetland and stream credit purchase will completed at a COE wetland and stream mitigation bank.
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 affected. Attached to this public notice are the Official Species List for review and species conclusion table for comment by the US Fish and Wildlife Service; and (3) known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area therefore the project will be coordinated directly with the Virginia Department of Historic Resources.
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: email@example.com or firstname.lastname@example.org.
COMMENT PERIOD: Request for hard copies or 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 email@example.com and should be received by the close of business on Monday, January 12, 2015.
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 Ms. Anna R. Lawston via email at firstname.lastname@example.org or via phone at 540-937-4197.
FOR THE DISTRICT COMMANDER:
Anna R. Lawston
Northern Virginia Regulatory Section
Species conclusion table
ESA species list