Published Oct. 7, 2016
Expiration date: 11/13/2016

The district commander has received a joint application for federal and state permits as described below:

JLB Dulles Tech LLC
11700 Plaza American Drive, Suite 500
Reston, Virginia  20190

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The approximately13.0-acre project site is located southwest of the intersection of Sunrise Valley Drive and Dulles Technology Drive in Fairfax County, Virginia.  The work will occur in Merrybrook Run. 

PROPOSED WORK AND PURPOSE:  The applicant proposes the construction of a residential development and the McNair Farms Drive extension to connect Dulles Technology Center drive with Centreville Road.  The project consist of grading and filling associated with the construction of the McNair Farms Drive extension, two multi-family residential buildings with parking, access roads, trails, associated stormwater outfalls, and the reconfiguration of an existing pond to reconstruct the weir. 

The purpose of the proposed Dulles Technology Center Parcel 4M project is to construct a multi-family residential development within close proximity to the future Innovation Center Metro Station in Fairfax County, Virginia. Because the project area is located within ¾ mile of the proposed Innovation Center Metro Station, Fairfax County, through the Fairfax County Comprehensive Plan has documented a need for an improved road network to facilitate traffic flow, pedestrian access, and higher density uses.

The proposed project would impact 2.75 acres (1,152 linear feet) of jurisdictional wetlands and other waters of the U.S.  Permanent impacts are to 0.08 acre of palustrine forested (PFO) wetland, 0.45 acre of palustrine emergent (PEM) wetland, 0.21 acre (929 linear feet) of stream channel and 1.92 acres of palustrine open water (POW).  Temporary impacts are to 0.03 acre of PEM and 0.10 (223 linear feet) of stream channel.  The applicant proposes to mitigate these impacts offsite through the purchase of 0.64 wetland mitigation credits from the Grasslands Mitigation Bank, 3,326 Stream Condition Units (SCUs) from the Northern Virginia Stream Restoration Bank, or another approved 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 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, there may be an affect to listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table is attached for review and comment by Fish and Wildlife Service; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in the permit area, or would likely be affected by the proposal. Additional information might change any of these findings.

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to or by regular mail,  addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WR-R), 18139 Triangle Shopping Center, Suite 213, Dumfries, Virginia 22026 and should be received by the close of business on November 7, 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, please call: Ms. Theresita Crockett-Augustine at 703-221-9736 or email at