US Army Corps of Engineers
Norfolk District

NAO-2015-02130

Published June 27, 2018
Expiration date: 7/27/2018
FEDERAL PUBLIC NOTICE

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

APPLICANT
Corporation for Jefferson’s Poplar Forest
1542 Bateman Bridge Road
Forest, Virginia 24551

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in adjacent wetlands and unnamed tributaries to Tomahawk Creek, which is a tributary to Blackwater Creek, and part of the James River Basin. The applicant proposes to redesign the entrance road and construct an adjoining at Jefferson’s Poplar Forest, a designated National Historic Landmark, located at 1542 Bateman Bridge Road in the community of Forest, Bedford County, Virginia. 

PROPOSED WORK AND PURPOSE: The Corporation of Jefferson’s Poplar Forest submitted a Joint Permit Application to the U.S. Army Corps of Engineers, Norfolk District (Corps) for authorization, pursuant to Section 404 of the Clean Water Act, for proposed permanent impacts to waters of the U.S. Specifically, the applicant proposes to impact approximately 524 linear feet of stream channels and 0.21 acres of wetlands for the purpose of constructing five road crossings associated with the proposed entrance road and parkway to improve visitor access to the Landmark. In consultation with the Corps, the Virginia Department of Environmental Quality is evaluating the proposed impacts to waters of the United States under the State Programmatic General Permit (SPGP) program.   

AUTHORITY: Permits for the work in waters and 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 National Historic Preservation Act 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 National Historic Preservation Act (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. 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: A review of the Virginia Department of Historic Properties (DHR) database indicated that Jefferson’s Poplar Forest is a registered National Historical Landmark (DHR Inventory No. 009-0027). The home and plantation served as a summer home and retreat for Thomas Jefferson from 1809-1826. The applicant conducted a cultural resources survey on the project site and prepared a report: “Draft Phase I and Phase II Archeological Investigations of the Poplar Forest Parkway Project located at Thomas Jefferson’s Poplar Forest in Bedford County, Virginia”, dated September 2017, by the Department of Archeology and Landscapes, Thomas Jefferson’s Poplar Forest. The survey identified multiple archeological resources on the property, along with the identified architectural resources (DHR Inventory No. 009-0027). 

ADVERSE EFFECT DETERMINATION: In consultation with the State Historic Preservation Office (Virginia Department of Historic Resources, VDHR), the Corps applied the criteria of adverse effect to the historic resources within the APE (Corps Permit Area). The Corps is inviting the National Park Service (NPS) and the Advisory Council on Historic Preservation (ACHP) to consult on this project to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties.   

COMMENT PERIOD:Comments on this project should be in writing and can be sent by either email to dana.m.heston@usace.army.mil or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:CENAO-WRR-W), Western Virginia Regulatory Section, Regulatory Branch, U.S. Army Corps of Engineers, Norfolk District, Richard H. Poff Federal Building, 210 Franklin Road, Room 749, Roanoke, Virginia 24011 and should be received by the close of business on July 27, 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 Dana Heston at 540-344-1409 or email at dana.m.heston@usace.army.mil