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LRH 2016-905-KAN

Published Feb. 3, 2021
Expiration date: 3/2/2021

TO WHOM IT MAY CONCERN:  The intent of this Public Notice is to provide an opportunity for the public to express their views on proposed adverse effects to historic properties associated with the Kanawha State Forest In-Lieu Fee (ILF) Mitigation Project.


APPLICANT:           Stream & Wetland In-Lieu Fee Mitigation Program

                                 West Virginia Department of Environmental Protection

                                              Division of Water and Waste Management

                                                                        601 57th Street SE

                                                                       Charleston, WV 25304


LOCATION:  The proposed project site involves an approximate 17.7-acre tract located within the Kanawha State Forest southwest of Loudendale, in Kanawha County, WV (latitude 38.279765, longitude -81.644746). See attached location map.

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a Department of the Army permit (DA) authorization for the proposed discharge of dredged and/or fill material into waters of the United States associated with the Kanawha State Forest ILF Mitigation Project. The purpose of the overall project is to conduct stream and riparian improvements through proposed enhancement and restoration work including the removal of an existing low head dam.

The applicant proposes to remove a low head dam located within Davis Creek as part of an effort to restore and enhance the natural ecosystem and the surrounding habitat. Currently, routine dredging of the upstream pond is required to in order to maintain its capacity and to avoid flooding and deterioration of the cut stone and concrete reinforced dam. The current condition of the dam restricts the natural condition of the Davis Creek and represents a sediment barrier inhibiting aspects of typical stream function. In addition, the upstream portion of Davis Creek is incised with eroding banks which further contribute to and maintenance requirements of the dam.

The applicant has requested a DA authorization to permanently discharge dredged and fill material within Davis Creek in conjunction with the installation of in-stream log and rock structures in order to stabilize the stream banks and manage sediment transport. The ponded area above the dam would be improved by re-establishing a natural stream channel (approximately 1,100 linear feet) while a small portion of the stream (approximately 275 linear feet) will be restored and realigned to improve stream stability and manage the altered flow of Davis Creek. Finally, the upstream portion (approximately 5,350 linear feet) would be enhanced by the installation of in-stream structures using natural stream design principles with additional riparian enhancement work to control invasive plant species and supplemental plantings to promote a native, forested riparian area. Overall, the proposed project would be required produce in a net gain of aquatic resource area and functions.

During the removal of the dam, the project may require additional work to ensure downstream, to manage flows, or to address safety concerns encountered during the dam removal activities. Due to sediment buildup over life of the dam, re-grading may be required to restore the natural channel, to control grade, and to create stream riffles. Refer to the attached construction drawings for a depiction of the proposed restoration activities.

The United States Army Corps of Engineers (Corps) was determined to be the lead federal agency for this undertaking. The proposed activities are being considered for DA authorization under the Corps’ Nationwide Permit (NWP) No. 27: Aquatic Habitat Restoration, Establishment, and Enhancement Activities. The Corps is mandated by the National Historic Preservation Act (NHPA) to ensure no federal undertaking, including a Corps permit action, which may affect historic resources, is commenced before the impacts of such action are considered and the Advisory Council on Historic Preservation and the State Historic Preservation Office (SHPO) are provided an opportunity to comment as required by the NHPA, 36 CFR 800, and 33 CFR 325, Apendix C.

Based on coordination with the West Virginia State Historic Preservation Office, it has been determined that the proposed undertaking would directly affect the Kanawha State Forest Historic District which is currently listed on the National Register of Historic Places. The applicant understands that mitigation would be required for the adverse effect and a Memorandum of Agreement (MOA) would be required and made part of any DA authorization for the proposed project. This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects on historic properties.

PUBLIC INTEREST:  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 proposed adverse effect on historic properties. Should you wish to express your views on the undertaking’s effects on historic properties, or provide comments, objections or mitigation proposals associated with the proposed undertaking, please forward this information to our office prior to the close of the comment period for this Public Notice. 

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 on page one of this Public Notice. If no comments are received by that date, it will be considered that there are no objections.  Comments should be submitted electronically to Mr. Wes Barnett by email at wes.barnett@usace.army.mil. If you do not have internet access, comments may be submitted through the U.S. Postal Service (USPS) to the following address:


                        United States Army Corps of Engineers

                        ATTN: CELRH-RD-E

                        Public Notice No. LRH-2016-00905-KAN

                        502 8th Street

                        Huntington, West Virginia 25701-2070

Copies should only be provided through the USPS when electronic transmission is not possible.  Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to process and receive hard copy submissions.  To be considered in our evaluation, comments submitted through the USPS should have a postmark dated on, or prior to, the close of the comment period listed on page one (1) of this Public Notice.

Please note names, addresses, and comments submitted in response to this Public Notice become part of our administrative record and, as such, may be available to the public under 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 Mr. Wes Barnett of the Energy Resource Branch, at 304-399-6905, by mail at the above address, or by email at wes.barnett@usace.army.mil.