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NAO-2017-1072/VMRC#18-0635

Posted: 6/19/2018

Expiration date: 7/19/2018


FEDERAL PUBLIC NOTICE

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

APPLICANT
Chesterfield County Environmental Engineering
Mr. Scott Smedley
9800 Government Center Parkway
Chesterfield, Virginia 23832 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in Falling Creek a tributary to the James River and the Chesapeake Bay west of Route 10 (Iron Bridge Road) to the dam of Falling Creek Reservoir in Chesterfield County, Virginia.    

PROPOSED WORK AND PURPOSE: The applicant proposes to restore the water quality and treatment performance of the reservoir by mechanically dredging deposited sediment and constructing a sediment forebay to meet requirements of the Virginia Department of Environmental Quality Municipal Separate Storm System Permit. Falling Creek Reservoir was originally constructed in 1951 for water supply storage but has not been used for that purpose since 1985. The reservoir has lost 66 million gallons or 22% of the original storage capacity.  The project includes dredging of 85.44 acres of subaqueous land totaling 117,000 cubic yards of sediment to be removed. Wetland impacts include 0.38 acres of palustrine forested wetlands (PFO) and 0.03 acres of palustrine scrub shrub wetlands (PSS).  The project includes temporary impacts of 2.20 acres of PFO, 0.26 acres of PSS, 0.39 acres of palustrine emergent wetlands (PEM), and 1,188 linear feet of stream channel. The applicant demonstrated avoidance and minimization by moving the dredge area away from the shoreline and minimizing the reservoir draw down to the minimum necessary to complete the project. The applicant proposes to compensate for permanent impacts to palustrine wetlands by purchasing 0.76 wetland credits for PFO (2:1 ratio), 0.05 wetland credits for PSS from the Chickahominy Mitigation Bank.  

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) 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, 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 effect 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 or near the permit area, or would likely be affected by the proposal. Additional information might change any of these findings.   

For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Tidewater, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia Coastal Zone Management Program (VCP) and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). We have not received a certification from the applicant prior to publication of this public notice. It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review for concurrence or objection and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found here:

http://www.deq.virginia.gov/Programs/EnvironmentalImpactReview/FederalConsistencyReviews.aspx#cert 

For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: bettina.sullivan@deq.virginia.gov or john.fisher@deq.virginia.gov

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-WR-R), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on July 19, 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 Ms. Julie S. Hamilton at (804) 436-4725 or julie.s.hamilton@usace.army.mil

Chesapeak Bay Chesterfield County Falling Creek Reservoir James River