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NAO-2014-2045

Published Dec. 13, 2017
Expiration date: 1/12/2018
FEDERAL PUBLIC NOTICE

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

APPLICANT
Mr. Rodney Hathaway
County Administrator New Kent County
12007 Courthouse Circle
New Kent, Virginia 23124

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in waters and wetlands associated with Pamunkey River which is a tributary of the York River drainage basin. The New Kent County Water Supply Project will start with an intake at Northbury Farm on the Pamunkey River, and includes 8 pipeline crossings   connecting with a new water treatment facility at the intersection of Quaker Road and Norfolk Southern Railroad New Kent County, Virginia. 

PROPOSED WORK AND PURPOSE: A previous public notice was issued for this project on July 20, 2017[ALC3] . In summary, the project requires an Individual Permit from the Norfolk District Corps of Engineers under Section 404 of the Clean Water Act for the impacts to permanently convert 0.177 acres of palustrine forested wetlands (PFO) to palustrine emergent wetlands (PEM), 0.018 acres of palustrine scrub shrub wetlands (PSS) to PEM, as well as permanent impacts to 215 linear feet of stream channel and 0.017 acres of subaqueous bottom for the construction of an intake, pipeline and water treatment facility.   

PURPOSE OF PUBLIC NOTICE: The Corps’ permit action associated with this project is subject to Section 106 of the National Historic Preservation Act (NHPA).   Procedures have been established which must be followed in order for the Corps to comply with the NHPA and other applicable historic preservation laws. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Native American Tribes; and other interested parties in compliance with Section 106 of the National Historic Preservation Act (NHPA).This public notice provides an opportunity for members of the public to express their views on the undertaking’s effects on historic properties.  Comments are requested to assist in evaluation of the effects of the project on historic properties and the proposed development of a Section 106 programmatic agreement. 

Historic Property Identification:   The identification of historic properties has been conducted within the limits of disturbance for the raw water intake site.  A report of the cultural resource survey was prepared and is titled, “Phase I Archaeological and Geomorphological Survey Pamunkey River Withdrawal Facilities" dated March 2016, by Commonwealth Heritage Group, Inc.  The survey and report are a reasonable and good faith effort to identify historic properties.  The survey identified three archeological sites (prehistoric sites 44NK0289, 44NK0290, 44NK0291) recommended for avoidance or Phase II evaluation. The applicant will conduct cultural resource surveys for the two water main crossings of waterways.  Additional historic properties may be identified by this survey work.   

PROGRAMATIC AGREEMENT: The project may have an adverse effect on the three prehistoric sites identified in the cultural resource survey.  In addition, further cultural resource survey work is planned.  Final historic property identification, evaluation, and resolution of adverse effects efforts for this project are planned to be addressed under a programmatic agreement.  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 Programmatic Agreement 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 julle.s.hamilton@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 9100 Arboretum Parkway, Suite 235, Richmond, Virginia, 23236, and should be received by the close of business on January 12, 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 Julie S. Hamilton at 804-436-4725 or by email julie.s.hamilton@usace.army