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NAO-2017-01937

Posted: 1/29/2018

Expiration date: 2/28/2018


FEDERAL PUBLIC NOTICE

The District Commander received a joint application and pre-construction notice for Federal and State permits as described below:

APPLICANT
CSX Transportation Inc.

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in waters associated with the Rockfish River, part of the James River Basin. The bridge maintenance will occur 0.10 mile from the intersection of Route 602 (Howardsville Turnpike) and Route 626 (Cabell Road), Howardsville, Albemarle County, Virginia. 

PROPOSED WORK AND PURPOSE: The project is being evaluated under the Nationwide Permit program for minor impacts to waters of the United States.  CSX Transportation Inc. submitted a Joint Permit Application to the U.S. Army Corps of Engineers, Norfolk District for authorization, pursuant to Section 404 of the Clean Water Act, for proposed permanent impacts to waters of the U.S., specifically for the purpose of re-facing existing bridge abutments and placing fill (rip-rap) in the Rockfish River around the abutments.  

AUTHORITY: Permits for the work in waters and wetlands are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217). 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 National Historic Preservation Act 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 National Historic Preservation Act (NHPA), the Norfolk District 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. Comments are requested 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: A review of the Virginia Department of Historic Properties (DHR) database indicated that Railroad Bridge No. 127-171 (Bridge) is located within the Southern Albemarle Rural Historic District (DHR Inventory No. 002-5045). The Southern Albemarle Rural Historic District (District) is listed in the National Register of Historic Places. The Bridge (DHR Inventory No. 002-5045-0529) is a contributing resource to the District. The cut stone abutments at the eastern and western ends of the Bridge are character-defining features.  

ADVERSE EFFECT DETERMINATION: In consultation with the State Historic Preservation Office (Virginia Department of Historic Resources, VDHR), and in consideration of views concerning effects provided by consulting parties, the USACE applied the criteria of adverse effect to the historic resources within the Area of Potential Effect (APE) and the Corps Permit Area. The USACE is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties. In a document (Bridge Alternatives Record) (attached) dated December 18, 2017, the applicant demonstrates that they considered alternatives to the proposed concrete encapsulation, but none of the alternatives were sufficient to meet the purpose and need of the project. The US Army Corps of Engineers (Norfolk District), Virginia Department of Historic Resources (DHR), the permittee and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the National Historic Preservation Act. 

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to vincent.d.pero@usace.army.mil or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR-W), Western Virginia Regulatory Section, Regulatory Branch, U.S. Army Corps of Engineers, Norfolk District, 920 Gardens Boulevard, Suite 103-B, Charlottesville, Virginia 22903 and should be received by the close of business on February 28, 2018. 

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 Vincent Pero at 434-973-0568 or email at vincent.d.pero@usace.army.mil.

Albermarle County CSX Transportation Howardsville James River Basin Rockfish River