Published Aug. 25, 2016
Expiration date: 9/26/2016

August 25, 2016

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

Shirley Contracting, LLC
ATTN:  Mr. Jeff Austin
8435 Backlick Road
Lorton, VA  22079 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in unnamed tributaries and wetlands of Horsepen Run, a tributary to Broad Run, just west of Dulles International Airport, in Loudoun County, Virginia.

PROPOSED WORK AND PURPOSE: The applicant was authorized by Department of the Army Permit Number NAO-2014-01928 to reconstruct and widen Route 606 (Loudoun County Parkway/Old Ox Road) from the existing two lanes to four lanes, between Evergreen Mills Road (Route 621) and the Dulles Greenway (Route 267), a distance of approximately five miles.  This authorized work involved permanent impacts to 6.03 acres of wetlands and 1,479 linear feet of stream.  The permittee proposes a modification to the permit to allow for work for the National Oceanographic and Atmospheric Administration (NOAA) related to the previously authorized work, including work on NOAA property. The additional work includes: construction of an additional floodflow detention basin; realignment and relocation of an access road (Lightning Road) from Ladbrook Drive/Route 606 intersection to Weather Service Road; replacement of two deteriorated roadway culverts; relocation of two NOAA observation systems (ASOS); and utility relocations. The proposed work will result in an additional 0.32 acre of permanent impact and 0.10 acre temporary impact to nontidal emergent wetlands, as well as 18 linear feet permanent impact and 7 linear feet temporary impact to intermittent stream channel.

The stated purpose for the modification is to incorporate improvements on the NOAA property to mitigate current flooding issues and provide alternate access due to the loss of property that will be transferred from NOAA to the Virginia Department of Transportation for the Route 606 widening improvements. 

To compensate for impacts, the applicant proposes to purchase mitigation bank credits from a bank which includes the project site in its geographic service area. The applicant proposes to use a replacement ratio of 1:1 for emergent wetlands, for a total of 0.32 credits, and stream credits will be based on the Uniform Stream Methodology, for a total of 15 credits.

The applicant summarized measures incorporated to minimize and avoid impacts to aquatic resources from this modified proposal as follows: A pipe was added to proposed stormwater management (SWM) basin 34B to convey hydrology at higher storm events.  A level spreader was added to maintain flow from SWM basin 34 to downstream waters and adjacent wetlands, eliminating the need to excavate an outfall channel through wetlands.

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 showing the proposed modification 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: [NOTE: The Federal Highway Administration (FHWA) is the lead Federal agency for this project; in addition, NOAA prepared an Environmental Assessment in March 2016] (l) FHWA prepared an Environmental Assessment and signed a Finding of No Significant Effect in November of 2013; no environmental impact statement will be required; (2) NOAA accessed the U.S. Fish and Wildlife Service database for Information, Planning, and Conservation System (IPaC), to determine whether 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; ESA) have been identified in the vicinity of the project and completed coordination for the Northern Long-eared bat (Myotis septentrionalis). FHWA is the lead federal agency and, based on the recent coordination by NOAA, has determined that the project is “not likely to adversely affect” the Northern Long-eared bat, with adherence to a time-of-year restriction of April 15-September 15; and (3) FHWA coordinated with the Virginia Department of Historic Resources (VDHR), and a Phase I archaeological survey was conducted and several sites were identified. VDHR did not concur that portions of sites located outside the Area of Potential Effect (APE) are not eligible for the National Register of Historic Places (Register).  However, in 2012 VDHR concurred with FHWA that no properties eligible for inclusion or included in the Register would be affected by the proposal provided that the archaeological sites identified outside the APE are not encroached upon by the project. A supplemental Phase I survey was conducted due to revisions to SWM design, and in 2013 VDHR reconfirmed that the project would have no effect to historic properties. Additional information might change any of these findings. 

COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 803 Front Street, Norfolk, Virginia  23510-1096, and should be received by the close of business on September 26, 2016.

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 Alice Allen-Grimes at 757-201-7219 or

Attachment: Drawings