NAO-2021-03242 (Henricus Park Bridge Access, Chesterfield County, Virginia)

U.S. ARMY CORPS OF ENGINEERS NORFOLK DISTRICT
Published May 17, 2023
Expiration date: 6/16/2023

May 17, 2023
CENAO-WRR-S
NAO-2021-03242

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

APPLICANT

Mr. Bill Arel, PE
Chesterfield County
Department of Transportation
PO Box 51
Chesterfield, VA 23832

PROJECT LOCATION:  The project is located at 251 Henricus Park Road, Chesterfield, Virginia.  A vicinity map is attached.

PROJECT SIZE: 45 acres

NEAREST WATERWAY: James River

LATITUDE AND LONGITUDE: 37.3737, -77.3531

PROJECT DESCRIPTION AND PURPOSE:  The proposed project includes construction of a new 1.2-mile two-lane access road and bridge with a shared use path for bikers and pedestrians over an oxbow to the James River. The applicant’s stated purpose is to provide access to Henricus Park while the existing park access road (Coxendale Road) is closed to accommodate closure of the existing coal ash ponds at the Dominion Energy Chesterfield County Power Station.  

AUTHORITY: Permits for the work in waters, including wetlands, are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and permits are required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).  The Corps must comply with the National Historic Preservation Act (NHPA) (54 U.S.C. § 306108), 36 CFR Part 800, regulations implementing Section 106 of the NHPA and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits.

PURPOSE OF PUBLIC NOTICE:  In compliance with regulations implementing Section 106 of the NHPA, the Corps is soliciting comments on the proposed project from the public; federal, state, and local agencies and officials; Native American Tribes; and other interested parties.  This public notice provides an opportunity for members of the public to express their views on the undertaking’s effects on historic properties and resolution of adverse effects.  The Corps is requesting comments to assist in evaluation of the effects of the project on historic properties and evaluation of alternatives or modifications which could avoid, minimize, or mitigate adverse effects on historic properties.

Historic Property Identification:   The Corps identified historic properties within the Corps permit area. A cultural resources survey was conducted on the project site and a report prepared: “Phase I Archaeological Survey and Historic Architecture Assessment, Proposed Henricus Park Access Project, Chesterfield County, Virginia”, dated August 2020, by Johnson, Mirmiran and Thompson.  The cultural resources survey and report are a reasonable and good faith effort to identify historic properties. The project site is located within the potential National Register boundary of the Ware Bottom Church Battlefield (DHR ID#020-5319) which is potentially eligible for listing on the National Register of Historic Places.

ADVERSE EFFECT DETERMINATION:  In consultation with the State Historic Preservation Office, and in consideration of views concerning effects provided by consulting parties, the Corps applied the criteria of adverse effect to historic properties within the permit area.  The Corps determined that the proposed federal action would result in an adverse effect on Ware Bottom Church Battlefield.  The Corps is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties.  The Corps, the Virginia Department of Historic Resources, the permittee, and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the NHPA. 

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to julie.s.hamilton@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WRR), 9100 Arboretum Parkway, Suite 235, Richmond, Virginia, 23236 and should be received by the close of business on June 16, 2023.

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. Julie S. Hamilton at 804-436-4725 or by email julie.s.hamilton@usace.army.mil.

Attachments:
Vicinity Map
Project Drawings