December 16, 2024
CENAO-WRR-N
NAO-2005-04514
FEDERAL PUBLIC NOTICE
The District Commander received a joint application for Federal and State permits as described below:
APPLICANT
Tam Maris Foxwell
1390 Poor Lack Road
Montross, VA 22520
WATERWAY AND LOCATION OF THE PROPOSED WORK:
The project is located at 1390 Poor Lack Road, in Westmoreland County, Virginia. A vicinity map is attached.
LATITUDE AND LONGITUDE: Lat: 38.135720; Long: -76.743164
PROPOSED PROJECT:
The applicant proposes to construct a 420-foot stone revetment which will impact approximately 3,300 square feet of non-vegetated wetlands.
PROJECT PURPOSE AND NEED: to stabilize the eroding shoreline.
AUTHORITY:
Permits for the work in waters, including wetlands, are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 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 NHPA 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 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. The Corps is requesting comments 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:
The Corps identified historic properties within the Corps permit area. Cultural resources surveys were conducted on the project site and reports prepared: “Phase I Archeological Identification Survey of 0.55 Acres for Proposed Shoreline Stabilization, Westmoreland County, Virginia” dated May 6, 2024, and “Phase II Archeological Evaluation of a Portion of Site 44WM0056 Associated with Proposed Shoreline Stabilization, Westmoreland County, Virginia” dated September 6, 2024, both by Darby O’Donnell, LLC. The surveys identify Site 44WM0056 as eligible for listing on the National Register of Historic Places.
ADVERSE EFFECT DETERMINATION:
In consultation with the State Historic Preservation Office, and in consideration of views concerning effects provided by consulting parties, the Corps applied the criteria of adverse effect to historic properties within the permit area. The Corps determined that the proposed federal action would result in an adverse effect on Site 44WM0056. The Corps is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties. The Corps, the Virginia Department of Historic Resources, the permittee, and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the NHPA.
COMMENT PERIOD:
Comments on this project should be in writing and can be sent by either email to silvia.b.gazzera@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR), 803 Front Street, Norfolk, Virginia 23510-1011, and should be received by the close of business on December 31, 2024.
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
Dr. Silvia B. Gazzera at (804) 212-6817, silvia.b.gazzera@usace.army.mil.