Prince William Conservation Alliance
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March 20 2005 Update!

History of South Market Development Plans - How we got to this point

U.S. Army Corps of Engineers - Online wetland permit information for South Market

What's Wrong with this Proposal?

Where to submit comments on wetland permit applications

Sample letters

News Articles

Clean Water Act, Section 404

Prince William Wetlands

Introduction to Wetlands

Virginia Dept. of Environmental Quality Wetland Programs

Virginia Dept. of Environmental Quality - Wetland Mitigation Standards

U.S. Army Corps of Engineers, Norfolk District - Regulatory Information

 

South Market and the Wetland Permit Process

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KSI's South Market development site covers about 660 acres located in the south west quadrant of the intersection of Route 55 and Route 15, just west of Haymarket. South Market is a low, wet site located at the foot of the Bull Run Mountains.

This photo was taken on March 19 2005, just west of Route 15 about one mile south of Route 55. Although the last rain was on March 8, eleven days before this photo was taken, the water table in this location is still at or above the ground's surface.

The U.S. Army Corps of Engineers and Virginia Dept. of Environmental Quality are reviewing permit applications for wetland impacts associated with the current proposed development plan, based on a 1992 rezoning.

The basic premise of the permit process is to ensure that no discharge of dredged or fill material is permitted if a practicable alternative exists that is less damaging to the aquatic environment or if the nation's waters would be significantly degraded. As part of the permit process, applicants must show that they have:

  • taken steps to avoid wetland impacts where practicable
  • minimized potential impacts to wetlands
  • provided compensation for any remaining, unavoidable impacts through activities to restore or create wetlands.

Both the U.S. Army Corps of Engineers and the Virginia Dept. of Environmental Quality have the authority to schedule a public hearing to allow increased community participation in the review process for permit applications.


Update on the South Market Wetland Permits - posted March 20 2005

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The Army Corps public comment period has closed. Comments from Prince William citizens, organizations, Prince William County Planning Commission and government agencies have been compiled. Comments included questions and concerns about:

  • stormwater issues
  • noncompliance with Virginia's Chesapeake Bay regulations
  • efforts to avoid and minimize impacts to undisturbed forest, wetlands and streams

All letters written by community members requested a public hearing before any permits are approved.

KSI has been given a copy of all comments from the public and the Army Corps. As of March 20 2005, KSI has not responded to the questions raised by citizens and the Army Corps.

In the meantime, however, KSI has started construction of the access road from Route 15. This is possible because the Army Corps and DEQ approved wetland impacts associated with the road construction under a separate permit process. Here, the common sense question is ... Why does the permit process allow the fragmentation of development plans? At South Market, this could allow wetland impacts for the construction of a road to nowhere. Or could construction of the road strengthen KSI's claims that their investment in the plan will result in economic hardship if additional permits are not also granted?

KSI must also obtain a Water Protection Permit from the Virginia Department of Environmental Quality (DEQ). DEQ will provide a 30-day public comment period, which has not begun. Comments can be submitted to DEQ before the comment period is officially opened, but not after the comment period is closed. Send your comments to DEQ.

What's Wrong with this Proposal?

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There is no justification to allow 15 acres of wetlands to be replaced with houses. Section 404 of the Clean Water Act was designed to protect wetlands from unnecessary and inappropriate development. The developer has good opportunity to make a substantial profit at this development site without destroying valuable wetlands or degrading local waterways. If this destruction were permitted, county taxpayers would end up absorbing future stormwater management costs associated with the loss of natural functions. Why should taxpayers subsidize this private development?

Areas of concern noted by the Prince William Conservation Alliance include:

  • Avoidance - KSI has not responded to information from citizens, the Prince William County Planning Commission and Chairman Connaughton conveying support for changes to the development plan to avoid wetland impacts.
  • Given the extraordinarily large amount of permanent impacts proposed, a quality assessment should be completed to determine the value of wetlands and streams proposed for elimination.
  • Given the extraordinarily large amount of permanent impacts proposed, an economic evaluation should be completed to determine broad impacts within the watershed area and assess the overall feasibility of the proposal.
  • The proposal submitted to the Corps does not include enough information to show that planned stormwater management is adequate to protect remaining wetlands and surrounding communities.
  • The baseline stream and wetlands delineation did not comply with Virginia's Chesapeake Bay regulations.

Citizens can submit written comments expressing concerns and requesting a public hearing (click here for sample letters) to:

  • Ms. Teresita Crockett-Augustine
    U.S. Army Corps of Engineers, Norfolk District
    Northern Virginia Field Office
    18139 Triangle Plaza, #213
    Dumfries, VA 22023
    703.221.6967
    [email protected]

  • Ms. Jennifer Sheedy
    Virginia Dept. of Environmental Quality
    13901 Crown Court
    Woodbridge, Va. 22193
    (703) 583-3800

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