TO WHOM IT MAY CONCERN: The following application has been submitted
for a Department of the Army (DA) Permit under the provisions of Section 404 of
the Clean Water Act. This notice serves
as the United States Army Corps of Engineers’ (Corps) request to the West
Virginia Department of Environmental Protection (WVDEP) to act on Section 401
Water Quality Certification for the following application.
APPLICANT: West Virginia Department
of Transportation
Division
of Highways
1900
Kanawha Boulevard East
Building
5, Room 110
Charleston,
West Virginia 25305-0430
LOCATION: The proposed project is located in Grapevine
Branch, its unnamed tributaries and associated wetlands, near Huntington, Cabell
County, West Virginia. The proposed roadway
would realign and upgrade West Virginia (WV) Route 10 beginning near Interstate
64 and continuing in an easterly direction for approximately 2.25 miles toward County
Route (CR) 44. The proposed project begins
at Latitude 38.3822 and Longitude -82.4011 and ends at Latitude 38.3922 and
Longitude -82.3639 as shown on the attached USGS Map (Sheet 1 of 50).
DESCRIPTION OF PROPOSED WORK: The applicant has requested a DA authorization
for the proposed discharge of dredged and/or fill material into waters of the United
States (U.S.) to facilitate the realignment and upgrade of West Virginia (WV)
Route 10 at the location specified above associated with the Melissa-Huntington
Road project. The proposed roadway project
would result in the permanent discharge of dredged and/or fill material into nine
streams (2,030 linear feet) and 22 jurisdictional wetlands (2.16 acres) at 26
single and complete project locations as described in Tables 1 and 2 below.
The construction
activities would include culvert replacements and new installations, bridge
replacements and installations, roadway embankments and excavations, as well as
permanent stream relocations. Two temporary
accesses may be utilized to facilitate the construction activities. Each temporary access crossing across
Grapevine Branch would be constructed of five (5) 48-inch culverts. Approximately 16 cubic yards of fill material
would be temporarily discharged into 40 linear feet of stream at each location. After completion of the construction
activities, the temporary material would be removed and the stream would be
restored to its approximate original contour.
See Tables 1 and 2 below as well as attached Sheets 1-50.
The
Federal Highway Administration (FHWA) is the lead Federal agency for the Melissa-Huntington
Road project. The proposed project is a
segment of the overall Melissa-Huntington Road project. In accordance with the National Environmental
Policy Act (NEPA), an Environmental
Assessment (EA), dated June 2014, was prepared and approved by the West Virginia
Department of Transportation-Division of Highways and the FHWA. A subsequent Finding of No Significant Impact
(FONSI) was signed January 2015.
ALTERNATIVES
ANALYSIS: As a result of the
proposal, dredged and/or fill material would be discharged into 22 wetlands as
described in Table 2 below. The projects
do not require access or proximity to or siting within the wetlands to fulfill
their basic purpose and are considered a non-water dependent activities. The Section 404(b)(1) Guidelines state that
for non-water dependent activities, practicable alternatives that do not
involve wetlands are presumed to be available, unless clearly demonstrated
otherwise. The applicant is required to
provide an alternatives analysis that must overcome the presumption prior to
receiving authorization for the discharge of dredged and/or fill material. No permit would be issued unless the
alternatives analysis clearly demonstrates that practicable upland alternatives
are not available to achieve the overall project purpose. The applicant has submitted an alternatives
analysis for review. The alternatives
include a no build alternative and multiple roadway alignment alternatives. The alternatives discussed below were
developed for the overall Melissa-Huntington Road project.
Under the
no build alternative, no discharge of dredged and/or fill material would occur
in waters of the U.S. However, the
applicant has indicated this alternative would not meet the overall project
purpose. Four (4) roadway alignments
were evaluated by the applicant. Based on their analysis, the applicant
determined the Modified Alignment C is their preferred alternative, stating the
other alternatives considered would result in greater adverse environmental and
socioeconomic impacts. The applicant’s
alternatives analysis is currently under review. A complete copy of
the applicant’s alternative analysis can be reviewed, by appointment, at the
above address.
AVOIDANCE AND MINIMIZATION: In evaluating a project area
containing waters of the U.S., consideration must be given to avoiding
discharges of dredged and/or fill material into these waters. If waters of the
U.S. cannot be avoided, then impacts must be minimized. A total of 7,099 linear feet of 10 streams
and 2.178 acres of 22 wetlands are located within the project area. Avoidance and minimization efforts were
incorporated into the project development plan.
The highway project was designed to avoid the discharges of dredged
and/or fill material into 5,069 linear feet (71%) of streams and 0.018 acre (0.8%)
of wetlands. The culverts have been
designed to pass both low and high water flows and to accommodate fluctuating
water levels and maintain circulation and faunal movement. Best management practices would be
implemented to minimize downstream sedimentation and turbidity.
COMPENSATORY MITIGATION PLAN: To
compensate for the permanent discharge of dredged and/or fill material into the
streams as described in Table 1 below, the applicant proposes to purchase 1,302
stream credits from an approved mitigation bank and/or purchase 1,414 stream credits
from the West Virginia In-Lieu Fee Program.
To compensate for the permanent discharge of dredged and/or fill
material into the wetlands described in Table 2 below, the applicant proposes
to purchase 2.16 wetland credits from an approved mitigation bank and/or
purchase 4.73 wetland credits from the West Virginia In-Lieu Fee Program.
WATER
QUALITY CERTIFICATION: A Section 401 Water Quality Certification
is required for this project. It is the
applicant’s responsibility to obtain certification from the WVDEP.
HISTORIC AND CULTURAL RESOURCES: The FHWA is the lead Federal agency
for the overall highway project and is responsible for compliance with Section
106 of the National Historic Preservation Act.
The applicant has consulted with the State Historic Preservation Office
(SHPO) and it was determined there were no properties eligible for inclusion on
the National Register of Historic Places within the proposed project area. The Corps intends to rely upon the
information collected by the FHWA, and the consultation previously performed
regarding the effects to historic properties.
That information would be used to support the Corps’ independent
evaluation of the permit application. A
copy of this Public Notice will be sent to the SHPO for their review. Comments concerning archeological sensitivity
of a project area should be based upon collected data.
ENDANGERED AND THREATENED SPECIES: The FHWA has the ultimate
responsible for compliance with Section 7 of the Endangered Species Act. The applicant has consulted with the U.S.
Fish and Wildlife Service (USFWS) regarding federally-protected endangered and
threatened species. In a letter dated October
20, 2011, the USFWS concluded that no federally- listed endangered and
threatened species are expected to be impacted by the proposed project. Due to the change in status of the northern
long-eared bat, the applicant consulted the USFWS to determine if the proposed
project would continue to have no effect on the species. The USFWS concurred with their previous no
effect determination on March 5, 2014. The
Corps intends to rely upon the information collected by or on behalf of the
FHWA, and consultation performed by or on behalf of the FHWA, regarding the
effects to federally-listed threatened or endangered species. That information would be used to support our
evaluation of the permit application. A
copy of this Public Notice will be sent to USFWS for their review.
PUBLIC
INTEREST REVIEW AND CUMULATIVE EFFECTS: This application will be reviewed in
accordance with 33 CFR 320‑332, the Regulatory Program of the Corps, and other
pertinent laws, regulations, and executive orders. Our evaluation will also follow guidelines
published by the United States Environmental Protection Agency (USEPA) pursuant
to Section 404(b)(1) of the Clean Water Act (40 CFR part 230). The decision whether to issue a permit will be
based on an evaluation of the probable impacts, 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 that reasonably may be expected
to accrue from the proposal must be balanced against its reasonably foreseeable
detriments. All factors that may be
relevant to the proposal will be considered including the cumulative effects
thereof; of those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic 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.
SOLICITATION OF COMMENTS: The Corps 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 impacts of this
proposed activity. For accuracy and
completeness of the administrative record, all data in support of or in
opposition to the proposed work should be submitted in writing setting forth
sufficient detail to furnish a clear understanding of the reasons for support
or opposition. Any person may request,
in writing, within the comment period specified in the notice, that a public
hearing be held to consider the application.
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,
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. Written statements on
these
factors
received in this office on or before the expiration date of this Public Notice will
become a
part
of the record and will be considered in the final determination. A permit will be granted unless its issuance
is found to be contrary to the public interest.
CLOSE OF
COMMENT PERIOD: All comments
pertaining to this Public Notice must reach this office on or before the close
of the comment period listed at the beginning of this Public Notice. If no comments are received by that date, it
will be considered that there are no objections. Comments and requests for additional
information should be submitted to:
United
States Army Corps of Engineers
ATTN:
CELRH-RD-S
Public
Notice: LRH-2014-1056-OHR
502
Eighth Street
Huntington,
WV 25701-2070
Please note that names and addresses of those who
submit comments in response to this Public Notice become part of our
administrative record, and, as such, maybe available to the public under the provisions
of the Freedom of Information Act. Thank
you for your interest in our nation's water resources. If you have any questions concerning this Public
Notice, please contact Sarah Workman of the South/Transportation Branch by
telephone at (304) 399-5710 or by email at sarah.m.workman@usace.army.mil.
Table
1 – Proposed Permanent Stream Fills
Station
|
Corps Single & Complete Project ID
|
Stream Name
|
Flow Regime
|
Type
of Discharge
|
Total Stream Length (lf)
|
Current Discharge
Length (lf)
|
New Stream Length (lf)
|
Plan
Sheet
No.
|
Detail
Sheet
No.
|
548+12
|
7
|
UT #1 Grapevine Branch
|
Perennial
|
Structure Replacement
|
105
|
0
|
105
|
10
|
31
|
551+85
|
9
|
UT #2 Grapevine Branch
|
Perennial
|
Culvert Replacement
|
138
|
0
|
138
|
11
|
32
|
572+34 to 573+58, R.S.
320+00 to 324+23
|
13
|
Grapevine Branch
|
Perennial
|
Construct New Bridge & Stream
Relocation
|
485
|
0
|
485
|
12
|
33-36
|
581+50 to 582+60
R.S. 340+10 to 342+60
|
16
|
Grapevine Branch
|
Perennial
|
Construct New Bridge & Stream
Relocation
|
253
|
0
|
253
|
13–14
|
37-40
|
582+30
|
16
|
UT #3 Grapevine Branch
|
Intermittent
|
Stream Excavation
|
35
|
0
|
35
|
15
|
37 & 40
|
590+69
|
19
|
UT #4 Grapevine Branch
|
Ephemeral
|
Culvert Replacement
|
359
|
38
|
321
|
17
|
41
|
111+50 (Green Valley Rd.)
|
20
|
UT #5 Grapevine Branch
|
Perennial
|
Culvert Replacement
|
115
|
39
|
76
|
17
|
42
|
595+34
|
21
|
UT #6 Grapevine Branch
|
Ephemeral
|
Culvert Replacement
|
232
|
75
|
157
|
17
|
43
|
603+10
|
24
|
UT #7 Grapevine Branch
|
Intermittent
|
Culvert Replacement
|
154
|
105
|
49
|
18
|
44
|
611+92
|
25
|
UT #8 Grapevine Branch
|
Intermittent
|
Culvert Replacement
|
154
|
94
|
60
|
20
|
45
|
TOTALS
|
|
|
|
|
2,030
|
351
|
1,679
|
|
|
Table
2 – Proposed Permanent Wetland Fills
Station
|
Corps Single & Complete Project ID
|
Wetland ID
|
Wetland Classification
|
Type of Discharge
|
Wetland Size (acres)
|
Discharge into Wetlands (acres)
|
Plan
Sheet
No.
|
Detail
Sheet
No.
|
516+90
|
1
|
W24
|
PEM
|
Cut
|
0.02
|
0.02
|
6
|
46
|
527+40
|
2
|
W3
|
70% PEM/ 15%PSS/
15%PFO
|
Cut/Fill
|
0.92
|
0.92
|
7 & 8
|
46
|
532+30
|
2
|
W4
|
60% PEM/ 30%PSS/
10%PFO
|
Cut/Fill
|
0.32
|
0.32
|
8
|
46
|
537+95
|
3
|
W5
|
PEM
|
Cut
|
0.04
|
0.04
|
9
|
46
|
539+20
|
4
|
W6
|
PEM
|
Fill
|
0.01
|
0.01
|
9
|
46
|
543+15
|
5
|
W7
|
PEM
|
Fill
|
0.02
|
0.02
|
10
|
46
|
545+45
|
6
|
W8
|
PEM
|
Fill
|
0.03
|
0.03
|
11
|
46
|
546+80
|
6
|
W9
|
PEM
|
Cut
|
0.03
|
0.03
|
10
|
46
|
549+80
|
8
|
W10
|
PEM
|
Fill
|
0.05
|
0.05
|
11
|
46
|
553+50
|
10
|
W11
|
PEM
|
Fill
|
0.01
|
0.01
|
11
|
46
|
559+40
|
11
|
W12
|
PEM
|
Cut/Fill
|
0.09
|
0.09
|
12
|
46
|
565+00
|
12
|
W13
|
PEM
|
Fill
|
0.34
|
0.34
|
13
|
46
|
570+80
|
13
|
W14
|
PEM
|
Fill
|
0.03
|
0.03
|
14
|
46
|
573+90
|
13
|
W15
|
PEM
|
Fill
|
0.05
|
0.05
|
14
|
46
|
578+25
|
14
|
W16
|
PEM
|
Cut
|
0.02
|
0.02
|
15
|
46
|
577+80
|
15
|
W17
|
PEM
|
Fill
|
0.05
|
0.05
|
15
|
46
|
587+65
|
17
|
W18
|
PEM
|
Fill
|
0.02
|
0.02
|
16
|
46
|
588+40
|
17
|
W19
|
PEM
|
Fill
|
0.01
|
0.01
|
16
|
46
|
594+00
|
22
|
W20
|
PEM
|
Fill
|
0.02
|
0.02
|
17
|
46
|
599+20
|
23
|
W21
|
PEM
|
Fill
|
0.03
|
0.03
|
18
|
46
|
612+45
|
26
|
W22
|
PEM
|
Fill
|
0.01
|
0.01
|
20
|
46
|
613+60
|
26
|
W23
|
PEM
|
Fill
|
0.04
|
0.04
|
20
|
46
|
TOTALS
|
|
|
|
|
2.16
|
2.16
|
|
|