December 7, 2023
CENAD-TREC
NAO-2014-00708-TREC
FEDERAL PUBLIC NOTICE
The District Commander received a joint application for Federal and State permits as described below:
APPLICANT
James River Water Authority
c/o Fluvanna County Administrator
Attn: Eric Dahl
132 Main Street
Palmyra, Virginia 22963
WATERWAY AND LOCATION OF THE PROPOSED WORK:
The project area is located in Fluvanna County, Virginia. In the general location of 37.755278, -78.226389
PROPOSED PROJECT:
The applicant is requesting a Nationwide Permit #58, for Utility Line Activities and Other Substances, from the USACE Norfolk District under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.
PROJECT PURPOSE AND NEED:
The project involves the construction of a new raw water intake off the James River with associated transmission infrastructure that runs to an existing interconnection point near the Town of Columbia. The water supply infrastructure will service both Fluvanna and Louisa Counties.
AUTHORITY:
Permits for the work in waters and wetlands are required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and 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 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 U.S. Army Corps of Engineers (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 permit area. Cultural resources surveys were previously conducted by others and several archaeological sites were evaluated. A Phase II survey was completed by R. Christopher Goodwin & Associates, Inc in March of 2023. The Phase II identified numerous archaeological and architectural resources within and adjacent to the project site.
ADVERSE EFFECT DETERMINATION:
In consultation with the Virginia Department of Historic Resources (DHR) and the Monacan Indian Nation, and in consideration of views concerning effects provided by consulting parties, including Tribes, the Norfolk District applied the criteria of adverse effect to historic properties within the permit area. The Norfolk District has determined that the proposed federal action would result in an adverse effect on archaeological resources, 44FV0275, 44FV276/44FV0280, 44FV277 and 44FV278. In addition, further consultation is occurring regarding archaeological resources 44FV0052, 44FV0019, 44FV0020, 44FV0021, 44FV0022, 44FV0023 and 44FV0192 and regarding the potential that these resources together constitute an archaeological historic district.
The Norfolk District 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 Norfolk District, DHR, 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 anna.r.lawston@usace.army.mil, or by regular mail, addressed to the North Atlantic Division Technical Regional Execution Center c/o Norfolk District, U.S. Army Corps of Engineers (ATTN: Anna Lawston), 803 Front Street, Norfolk, Virginia and should be received by the close of business on December 22, 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. Anna Lawston at 540-764-4459 or by email anna.r.lawston@usace.army.mil.
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