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NAO-2014-00708

Posted: 5/31/2018

Expiration date: 6/14/2018


FEDERAL PUBLIC NOTICE

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

APPLICANT
JAMES RIVER WATER AUTHORITY
132 MAIN STREET
POST OFFICE BOX 540
PAYMYRA, VIRGINIA 22963 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in the James River, near Point of Fork, south of Virginia State Route 6, in Fluvanna County, Virginia. A vicinity map is attached. 

PROPOSED PROJECT: The applicant proposes to discharge dredged and/or fill material into waters of the U.S. for the purpose of constructing a new raw water intake, installing new raw water lines and upgrading an existing access road.  Specifically, the applicant’s proposal includes: 0.07 acres of permanent impact and 0.90 acres of temporary impact to the James River (associated with the raw water intake structure); 195 square feet of temporary wetland impact, 255 square feet of permanent wetland conversion and 725 linear feet of temporary impacts to the Rivanna River and its unnamed tributaries (associated with the installation of a water line); and 245 square feet of permanent wetland impact, 201 square feet of temporary wetland impact and 40 linear feet of permanent impacts to unnamed tributaries to the Rivanna River (associated with the access road upgrades).   

PROJECT PURPOSE AND NEED: The applicant’s stated purpose is to meet the existing potable water demands of the James River Water Authority’s users within their service area of Fluvanna and Louisa Counties.     

AUTHORITY: Permits for the work in waters of the U.S. are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and 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 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: The Norfolk District, Regulatory Branch identified historic properties within the USACE scope of analysis. The applicant conducted a cultural resources survey on the project site and prepared a report: “Draft Phase I and Phase II Cultural Resources Survey and Excavation Report for the James River Water Authority (JRWA) Intake, Pump Station, and Pipeline Project located in Fluvanna County, Virginia”, dated April 2018, by Circa ~ Cultural Resource Management, LLC. The cultural resources survey and report are a reasonable and good faith effort to identify historic properties.  The survey identified six (6) archeological sites: 44FV0022: Archaic period, Early and Late Woodland sub-period/Contact Period site; 44FV0024: Archaic period, late 18th to early 19th century; 44FV0025: Archaic period, Early and Late Woodland sub-period site; 44FV0268: Archaic period site; 44FV0269: Archaic period, Middle Woodland sub-period site; 44FV0270: Middle Woodland sub-period site.  

In addition, the project location includes the following architectural resources: Point of Forks Plantation (VDHR ID: 032-0024), the Rivanna Canal Navigation Historic District ca. 1854 (VDHR ID: 032-0036) and the Jams and Kanawha River Canal Railroad ca. 1780 (VDHR ID: 032-5124).  

ADVERSE EFFECT DETERMINATION: In consultation with the SHPO, and in consideration of views concerning effects provided by consulting parties, including Tribes, the USACE applied the criteria of adverse effect to historic properties within the permit area. The USACE determines that the proposed federal action would result in an adverse effect on historic properties. 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. The US Army Corps of Engineers (Norfolk District), Virginia Department of Historic Resources, the permittee and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) or Programmatic Agreement (PA) 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 steven.a.vanderploeg@usace.army.mil or by regular mail, addressed to the Norfolk District, U.S. Army Corps of Engineers, Richmond Regulatory Field Office (ATTN: Steven VanderPloeg), 9100 Arboretum Parkway, Suite 235, Richmond, VA 23236 and should be received by the close of business on June 14, 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 Steven A. VanderPloeg at (804) 323-7071 or steven.a.vanderploeg@usace.army.mil.

Fluvanna County James River James River Water Authority JRWA Rivanna River water intake