December 5, 2022
CENAO-WRR
NAO-2020-02449
FEDERAL PUBLIC NOTICE
The District Commander received a joint application for Federal and State permits as described below:
APPLICANT
Ms. Ashley Peace
Sauer Properties, Inc. &
Olga Sauer Property, LLC
P.O. Box 4853
Richmond, VA 23220
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in non-tidal headwater wetlands of Proctors Creek and Fourmile Creek tributaries of the James River, between Airport Road and Laburnum Avenue, in Henrico County, Virginia. A vicinity map is attached.
PROPOSED PROJECT: The applicant proposes to construct a road and stormwater management facilities.
PROJECT PURPOSE AND NEED: The applicant’s stated purpose is to provide a new east/west connector between Airport Road and Laburnum Avenue at the existing median breaks. The need for the roadway project is to provide safe, non-tolled local access between the two major north/south arterial roadways in a developing industrial area of Henrico County.
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). 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 was prepared: “Phase I Archaeological Survey for the Proposed Olga Sauer Boulevard, Henrico County, Virginia,” dated October 2022, by the James River Institute for Archaeology, Inc. The cultural resources survey and report are a reasonable and good faith effort to identify historic properties. The project site is located within the Darbytown and New Market Roads Battlefield (Virginia Department of Historic Resources [DHR] ID #043-5071) and Fair Oaks and Darbytown Road Battlefield (DHR ID #043-5073), and is within the core area of the Darbytown Road Battlefield (DHR ID #043-5072), all of which are eligible for listing in the National Register of Historic Places (NRHP). The project site also coincides with four archaeological sites which are eligible, or potentially eligible, for listing in the NRHP. Site 44HE1246 represents a section of earthen breastworks which formed part of the Confederate Exterior Line of Richmond’s defenses, and which saw action during the Battle of Darbytown Road. Sites 44HE1265 and 44HE1266 evidently represent pre-Civil War domestic occupations, and possibly were associated with the Confederate occupation of the nearby breastworks. Site 44HE1268 also appears to include Civil War military remains directly associated with the Battle of Darbytown Road.
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 determines that the proposed federal action would result in an adverse effect to the Darbytown and New Market Roads Battlefield (DHR ID #043-5071), the Darbytown Road Battlefield (DHR ID #043-5072), and the Fair Oaks and Darbytown Road Battlefield (DHR ID #043-5073). The Corps further determines that the proposed federal action will result in an adverse effect to archaeological sites 44HE1246, 44HE1265, 44HE1266, and 44HE1268. 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 herman.w.hudson@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 January 4, 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
Dr. Herman W. Hudson III at 757-201-7808 or by email herman.w.hudson@usace.army.mil.
Attachments:
Vicinity Map
Project Drawings