FEDERAL PUBLIC NOTICE
The District Commander received a joint application for Federal and State permits as described below:
APPLICANT
George Haynes
Chesterfield County Department of Utilities
9840 Government Center Parkway
Chesterfield, VA 23832
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located along the north shore of the Appomattox River near the Point of Rocks in Chesterfield County, Virginia. A vicinity map is attached.
LATITUDE AND LONGITUDE: 37.3151, -77.3360 (raw water intake), 37.3238, -77.3460 (center of pipeline), 37.3139, -77.3602 (water treatment plant)
PROJECT PURPOSE AND NEED: The proposed project includes the construction of a submerged raw water intake, pump station, 3 miles of raw water transmission pipeline, and a water treatment plant including permanent impacts to 0.98 acre of palustrine forested wetlands (PFO), 0.03 acre of palustrine emergent wetlands (PEM), 2,365 linear feet of stream channel, conversion of 2.80 acres of PFO, temporarily impact 0.23 acre of palustrine open water (POW), 2.00 acres of PFO, 0.35 acre of PEM, 0.008 acre of palustrine unconsolidated bottom (PUB), and 0.007 acre of perennial stream channel. The applicant’s stated purpose is to provide a reliable public water supply for Chesterfield County to satisfy projected water demands for the next 50 years and beyond and to increase system reliability by having a water supply source in a growing area of Chesterfield County.
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 permits are required 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. A cultural resources survey was conducted on the project site and reports prepared: Phase I Identification Surveys and Phase II Evaluation Studies entitled Phase I Archaeological Survey for the Chesterfield County Water Supply Study (Commonwealth Heritage Group, April 2019), Supplemental Phase I Archaeological Survey of the Expanded Water Treatment Plant Project Area, Chesterfield County Water Supply Study (Commonwealth Heritage Group, February 2020), Phase II Archaeological Evaluations of Sites 44CF0052 and 44CF0850, Appomattox River Water Supply Project (Chronicle Heritage, September 2024), and Phase II Additional Archaeological Evaluation of Site 44CF0052 Appomattox River Water supply Project (Chronicle Heritage, June 2025). The cultural resources surveys and reports are a reasonable and good faith efforts to identify historic properties. The project site is located within the National Register boundary of the Ware Bottom Church Battlefield (DHR ID#020-5319) which is potentially 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, including Tribes, 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 Ware Bottom Church Battlefield. 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: The Norfolk District will receive written comments on the proposed project, as outlined above, until December 31, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices. The Corps point of contact for this project is Julie S. Hamilton at julie.s.hamilton@usace.army.mil.
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.