NAO-2006-07639

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

APPLICANT
Mr. Mickey Hines
Virginia Highlands Airport Commission
P. O. Box 631
Abingdon, VA 24212 

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located in Washington County, Virginia on the site of the Virginia Highlands Airport on either side of Virginia State Route 611 in Abingdon, Virginia.  The project proposes to impact 2,365 linear feet of Spring Creek and 0.27 acres of emergent wetlands. 

PROPOSED WORK AND PURPOSE:  The applicant proposes to extend the existing runway an additional 1,399 feet for a total useable runway length of 5,500 feet.  The runway extension would require culverting 2,365 linear feet of stream and filling 0.27 acres of emergent wetlands.  The purpose of the project is to provide airfield infrastructure to support a larger class of aircraft.  The airport currently has capability to accommodate small aircraft less than 12,000 pounds.  The proposal is to upgrade the airport runway such that larger aircraft in excess of 12,000 pounds can use the facility.   

Previously, the Norfolk District issued a Department of the Army permit on May 15, 2009 for the same described impacts; however, the Virginia Highlands Airport Commission did not received funding to implement the project, thus did not conduct the work in waters of the U.S. and the permit expired on April 16, 2014.  Additionally, a previous State Program General Permit (SPGP) verified in August 2004 authorized 130 linear feet of impact to Spring Creek, separate from the current permit application, for installation of a road crossing to access the west side of the airport.   

The currently-proposed impacts are the same as authorized by the 2009 permit; however, noted differences are specific to the compensatory mitigation plan, and address regulatory program changes which have occurred since the 2009 permit issuance.  The permittee-responsible, in-kind, off-site mitigation area is located North Fork Holston River watershed USGS HUC 06010101. Currently, additional information is being collected at the mitigation site for both the potential presence of historic resources and/or occurrence of any federally listed threatened or endangered species which may potentially be affected by the planned mitigation activity. 

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 classification, 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, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended) will be affected.  Based on this “no effect” determination, no further coordination with the Fish and Wildlife Service is required; and (3) historic properties eligible for listing on the National Register of Historic Places are in or near the permit area.  The FAA and the Virginia Department of Historic Resources (VDHR) entered into a Memorandum of Agreement to address mitigating these adverse impacts.  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 claire.trent@usace.army.mil or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  Virginia Highlands Field Office), P. O. Box 1295, Abingdon, VA 24210, and should be received by the close of business on May 28, 2017. 

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