US Army Corps of Engineers
Norfolk District Website

NAO-2014-0708

Norfolk District, U.S. Army Corps of Engineers
Published April 7, 2020
Expiration date: 5/7/2020

April 7, 2020
CENAO-WR-R NAO-2014-00708


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

APPLICANT:
James River Water Authority
C/o Mr. Eric M. Dahl
132 Main Street Post Office Box 540
Palmyra, Virginia 22963

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in the James River and tributaries to the James River, near Point of Fork, south of Virginia State Route 6, in Fluvanna County, Virginia. A vicinity map is attached.

PROPOSED WORK AND PURPOSE: The applicant proposes to discharge dredged and/or fill material into waters of the U.S. for the purpose of constructing a new raw water intake, installing new raw water lines and upgrading an existing access road. Specifically, the applicant’s proposal includes: 3,470 square feet of permanent impact and 39,000 square feet of temporary impact to the James River (associated with the raw water intake structure); 367 square feet of temporary wetland impact, 248 square feet of permanent wetland conversion and 441 linear feet of temporary impacts to the Rivanna River and its unnamed tributaries (associated with the installation of a water line); and 1,015 square feet of permanent wetland impact, 296 square feet of temporary wetland impact and 84 linear feet of permanent impacts to unnamed tributaries to the Rivanna River (associated with the access road upgrades).

The applicant’s stated purpose is to provide a new and reliable raw water supply of sufficient quantity to meet the short and long-term needs of Fluvanna and Louisa Counties for delivery to an agreed-upon T interconnection point planned for use by Fluvanna and Louisa Counties.

On-site and off-site alternatives to the proposed project location are located in the attached alternatives analysis document.

The applicant states that the project avoided and minimized impacts to jurisdictional features by planning a route that was collocated within existing right of ways, by crossing streams and wetlands perpendicularly when possible and by reducing the limits of disturbance in within areas that have impacts to wetlands and/or streams.

The applicant proposes to purchase a total of 0.05 wetland mitigation credits and 76 stream credits as compensatory mitigation for permanent losses to aquatic resources. The required wetland credits would be purchased from an agency-approved wetland mitigation bank or from the Virginia Aquatic Resources Trust Fund if no wetland bank credits are available within the service area where the wetland impacts will occur.

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401 certification from the Virginia Department of Environmental Quality assuring that applicable laws and regulations pertaining to water quality are not violated. Project drawings are attached.

AUTHORITY: Permits are required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), 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, 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: (1) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process, the Northern Long Eared Bat may be affected, but the 4(d) key was completed and no further coordination with the Fish and Wildlife Service is required and (3) known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal. 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). 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/FederalConsistency Reviews.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 steven.a.vanderploeg@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: Steven VanderPloeg), 9100 Arboretum Parkway, Suite 235, Richmond, Virginia 23236, and should be received by the close of business on May 7, 2020.

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

Attachment: Drawings, Alternatives Analysis, Species Conclusion Table, Official Species List

The Joint Permit Application and it associated attachments can be found on the Virginia Marine Resources Commission Applications website: by either email to steven.a.vanderploeg@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: Steven VanderPloeg), 9100 Steven VanderPloeg at steven.a.vanderploeg@usace.army.mil or (804) 323-7071 https://webapps.mrc.virginia.gov/public/habitat/additionaldocs.php?id=20140343 and selecting the files associated with Rev16 dated March 31, 2020.