NAO-2024-03007 / VMRC 2026-1266 (Danville Water Park, City of Danville, Virginia)

Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Norfolk District has received an application for a Department of the Army (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). The purpose of this public notice is to solicit comments from the public and information necessary to evaluate the probable impact on the public interest regarding the proposed activity as described below and as shown on the enclosed drawings.

APPLICANT:
Andrew Hall
City of Danville
Post Office Box 3300 Danville, Virginia 24543

LOCATION OF PROPOSED ACTIVITY: The proposed activity would affect waters of the United States and navigable waters of the United States associated with the Dan River. The project/review area is at Latitude 36.5909036 and Longitude -79.3941722; in Danville, Virginia.

PROPOSED ACTIVITY: The applicant is requesting a DA permit to construct a whitewater park. The project would convert the existing Dan River Canal into a recreational whitewater course, which would include the permanent grading, excavation, and filling of the canal. The canal bed would be lined with cobble, and the banks would be altered and stabilized. A boulder terrace wall would be constructed to separate the whitewater course from the Dan River, which would result in some permanent fill and bank stabilization impacts to the river.

The project would result in the following permanent impacts to waters of the U.S.:

Dan River Canal: Approximately 99,209 square feet (2.28 acres) of the existing canal would be permanently impacted by grading, excavation, fill, stabilization, and lining.

Dan River: Approximately 472 linear feet (9,200 square feet/0.21 acres) of the Dan River would be permanently impacted by the discharge of fill material for the construction of a boulder terrace retaining wall, and a boat return ramp and steps.

MITIGATION: The applicant has provided the following information to explain how impacts to waters of the United States associated with the proposed activity are to be avoided, minimized, and compensated for. By containing the whitewater course almost entirely within the canal's footprint, the project avoids and minimizes new impacts to the natural channel and banks of the Dan River itself. The project is located in an area that is already a maintained lawn and has undergone previous bank stabilization with riprap. This minimizes the need for extensive new land disturbance and the clearing of mature, high-quality forest habitat. Only minimal tree clearing of small trees and saplings is anticipated. The design limits the permanent alterations to the Dan River to only what is required for the retaining wall and the boat access ramp. The applicant will utilize all county and state-mandated erosion and sediment control measures during construction. This will minimize downstream impacts, such as sedimentation and turbidity in the Dan River, that could result from construction activities. The applicant is proposing to purchase credits from an approved mitigation bank to compensate for unavoidable impacts to the Dan River.

The USACE will determine the type and amount of compensatory mitigation necessary to offset losses of waters of the United States which may result from the proposed activity in accordance with 33 CFR § 332.

A copy of the application can be found on the Virginia Marine Resources Commission’s website: Application Number 20261266

HISTORIC PROPERTIES/CULTURAL RESOURCES: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. § 306108), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officers to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.

The USACE is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government agencies with respect to historic resources.

The USACE’s final eligibility and effect determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes, and other interested parties, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the USACE-identified permit area.

ENDANGERED SPECIES: Section 7 of the Endangered Species Act (ESA) (16 U.S.C.

§ 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat (or critical habitat proposed such designation).The USACE has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), to determine if any threatened, endangered, proposed, or candidate species, and the proposed and final designated critical habitat may occur in the vicinity of the proposed project.

Based on the IPaC Official Species List, the following species were identified for consideration:

The USACE has made a preliminary determination that the proposed project is not likely to jeopardize the continued existence of the Tricolored Bat, Monarch Butterfly, or Green Floater, nor will it jeopardize the existence of proposed critical habitat for the Green Floater. USACE will consider comments from this public notice, including any comments provided by the NMFS and/or USFWS, regarding the need to consult.

This notice serves as request to the USFWS for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Virginia Department of Environmental Quality. The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 27, 2023, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the Virginia Department of Environmental Quality. In accordance with Certification Rule part 121.12, the USACE will notify the

U.S. Environmental Protection Agency Administrator when it has received a DA permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.

COASTAL ZONE MANAGEMENT: For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Virginia’s Coastal Zone, 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’s Coastal Zone Management Program (Virginia CZM Program), 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 OEIR at eir@deq.virginia.gov 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 in the Federal Consistency Manual here: https://www.deq.virginia.gov/our-programs/environmental-impact-review/federal-consistency. For more information or to obtain a list of the enforceable policies of the Virginia CZM Program, contact the DEQ-OEIR at (804) 659-1915 or e-mail: bettina.rayfield@deq.virginia.gov.

No concurrence is required because the project is not located within Virginia’s Coastal Zone.

NATIONAL WILD AND SCENIC RIVERS: There are no designated National Wild and Scenic Rivers in the State of Virginia.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the USACE jurisdiction has not been verified by USACE personnel.

EVALUATION: 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. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.

COMMENTS: The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposed activity. To make this determination, comments are used to assess impacts to 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. Any comments or objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested permit. Please note that all comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act.