Jan. 28, 2020
CENAO-WRR-W
NAO-2007-02834
FEDERAL PUBLIC NOTICE
The district commander received a joint application for federal and state permits as described below:
APPLICANT
Liberty University Inc.
Attn: Todd Carroll
1971 University Blvd.
Lynchburg, Virginia 24515
WATERWAY AND LOCATION OF PROPOSED WORK: The proposed activity is located in waters and wetlands associated with Opossum Creek, a tributary to the James River, in Campbell County, Virginia. The project area is at 936 Camp Hydaway Lake Road, Lynchburg, Virginia (37.341614 N, -79.148948 W).
PROPOSED WORK AND PURPOSE: The applicant proposes to enlarge Camp Hydaway Lake, from its current size of 6.4 acres to about 37 acres, by constructing a new dam approximately 3,500 linear feet downstream and relocating about 3,200 linear feet of Camp Hydaway Road.
The applicant stated the project’s purpose is to replace the existing dam, which needs structural repairs, with a new dam engineered and constructed to current standards to alleviate safety concerns. In addition, the larger lake would provide the capacity to accommodate big sporting events that would increase ecotourism in Lynchburg and expand educational and recreational opportunities for students and residents, the applicant states. The realignment of Camp Hydaway Road would improve safety for motorists and cyclists by increasing site distance and horizontal curve radius, reducing the existing 12 percent grade and installing guardrails.
The applicant also included, with its proposal, an alternatives evaluation, as well as a discussion of avoidance and minimization. A copy of these narratives is included with this notice.
The project would permanently impact 1.102 acres of palustrine forested wetlands, 0.005 acres of palustrine emergent wetlands and 12,124 linear feet of stream channel. The applicant proposes to compensate for waters of the U.S. impacts by purchasing 13,618 stream credits and 1.99 wetland credits from an approved mitigation bank.
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, assuring applicable laws and regulations pertaining to water quality are not violated.
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 a probable-impact evaluation, including cumulative impacts of the proposed activity on the public interest. It will reflect the national concern for both protection and utilization of important resources. The benefits that 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, fish, wildlife and flood-plain values; flood hazards, land-use classification, navigation, shoreline erosion and accretion, recreation; water supply, conservation and quality; energy and mineral needs, safety, food and fiber production, property ownership and, in general, the people’s needs and welfare. 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 proposed activity’s direct, indirect and cumulative impacts. Any comments received will be considered by the Corps 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, the general environment and other public-interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or Environmental Impact Statement pursuant to the National Environmental Policy Act. They are also used to determine the need for a public hearing and overall public interest in the proposed activity. Anyone may request a public hearing to consider the permit application by writing to the district commander within 30 days of this notice date, stating specific reasons for holding it. The district commander will then decide if a hearing should take place.
Preliminary review indicates: (1) no Environmental Impact Statement will be required; (2) after conducting Norfolk District’s ESA Project Review Process, there may be an effect to listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973. The Official Species List and Species Conclusion Table are attached for review and comment by Fish and Wildlife Service; (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area. Additional information might change any of these findings.
COMMENT PERIOD: Comments on this project should be in writing. They can be sent by email to dana.m.heston@usace.army.mil, or regular mail, addressed to: Norfolk District, Corps of Engineers (ATTN: CENAO-WRR-W), 210 Franklin Road SW, Room 749, Roanoke, Virginia 24011. All comments should be received by close of business Feb. 27.
PRIVACY & CONFIDENTIALITY: Comments and information, including submitter identity, provided in response to this public notice may be disclosed, reproduced and distributed at U.S. Army Corps of Engineers discretion. Information submitted in connection with the public notice cannot be maintained as confidential by USACE. Submissions should not include any information the submitter seeks to preserve as confidential.
If you have questions about this project or the permit process, contact Dana Heston at 540-344-1409
or dana.m.heston@usace.army.mil.
Attachment: Drawings, Species Conclusion Table, Purpose and Need Statement, Alternatives Analysis