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LRH 2009-835-OHR

Published Oct. 1, 2013
Expiration date: 10/30/2013

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 in conjunction with the expansion of an existing impoundment to permanently store coarse and fine refuse generated by an existing underground coal mine and coal preparation plant, and to identify potential consulting parties that wish to participate in addressing the proposed adverse effects.

 

APPLICANT:            Matthew Vance

                                    Rockspring Development, Inc.

                                    400 Patterson Lane

                                    Charleston, West Virginia 25311

 

LOCATION: The proposed project is located 3.9 miles east of East Lynn in the Stonewall District of Wayne County, West Virginia.  The project can be found near latitude 38.157979 and longitude -82.318068The proposed project would be constructed in and within unnamed tributaries of the Right Fork of Camp Creek.  The Right Fork of Camp Creek flows into Camp Creek and then into the East Fork of Twelvepole Creek, which is a direct tributary of Twelvepole Creek, a traditional navigable water.  Twelvepole Creek is a direct tributary to the Ohio River, a Section 10 navigable water.

DESCRIPTION OF PROPOSED WORK: The purpose of this Public Notice is to solicit comments regarding the proposed adverse affects to historic properties within the subject site and to identify potential consulting parties that wish to participate in addressing the proposed adverse effects to historic properties.  The applicant has requested authorization for the proposed discharge of fill material into waters of the United States within this site in order to construct the Right Fork of Camp Creek Refuse Disposal Facility (O-5004-11).  A Public Notice was issued on December 18, 2012 to advise interested parties of the proposed activity and to solicit comments and information necessary to evaluate the probable impact on the public interest.  

The applicant has submitted a permit application for the expansion of an existing impoundment to permanently store coarse and fine refuse generated by an existing adjacent underground mine and preparation plant (U-0025-84).  Additionally, the expansion of the impoundment would necessitate the construction of three temporary drainage control structures below the impoundment.  The proposed project is 259.33 acres and would operate for approximately seven years, allowing the adjacent underground mine to continue operations and produce approximately 18.6 million tons of coal over seven years. 

The existing impoundment was built in the 1970s to retain freshwater (16.6 surface acres of open water).  Intermittent and ephemeral waters of the U.S. flow into the impoundment.  Water from the freshwater impoundment is currently being utilized by the adjacent underground mine and preparation plant. 

The applicant proposes to expand the base and the height of the impoundment and dispose coarse and fine refuse generated from the adjacent underground mine and preparation plant behind the impoundment.  The expansion of the impoundment and disposal of 24.29 million tons of coarse refuse and 6.09 million tons of fine refuse would result in the discharge of fill material into 6,465 feet of stream, 1.75 acres of wetland, and 16.6 acres of open water. 

HISTORIC PROPERTY CONSIDERATIONS: Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties.  The issuance of any permit under the United States Army Corps of Engineers Corps’ (Corps) regulatory authorities constitutes an undertaking.  As such, the Corps, a Federal agency, must consider the effects of the issuance of any Department of the Army permit on historic properties.  In fulfilling this obligation, the Corps follows the procedures set out in 33 CFR 325, Appendix C (Procedures for the Protection of Historic Properties) and 36 CFR 800 (Protection of Historic Properties), and other interim guidance documents.

The applicant has provided archeological identification surveys and reports for the proposed project completed on their behalf by Cultural Resource Analysts, Inc. including:

·       A Phase I survey titled Archaeological Identification Survey for The Proposed Right Fork of Camp Creek Refuse Facility, Stonewall District, Wayne County, West Virginia by Jason A. Baker, Cultural Resource Analysts, Inc. dated November 8, 2012

·       A Phase II survey titled Management Summary: National Register of Historic Places Evaluation of 46WA342, Stonewall District, Wayne County, West Virginia by Joshua D. Engle, Cultural Resource Analysts, Inc. dated May 10, 2013

·       A proposed data recovery plan titled Archaeological Data Recovery Plan for Rockshelter 46WA342, Stonewall District, Wayne County, West Virginia by Joshua D. Engle, Cultural Resource Analysts, Inc. dated May 10, 2013

 

 Based on the archaeological investigations, one unnamed archaeological site (46WA342), identified as moderate-size rockshelter with prehistoric components relative to the Woodland and possibly the Late Prehistoric period, is eligible for listing on the NRHP under Criterion D, and is proposed to be adversely affected in association with the potential authorization of this project from this office.  This office will be coordinating with the West Virginia State Historic Preservation Office, the applicant, and any other consulting parties to develop a Memorandum of Agreement (MOA) that would provide stipulations concerning the requirements of data recovery at site 46WA342. 

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 would like to be a consulting party involved in the development of the MOA, 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.  Persons wishing to submit comments or objections concerning this proposal should write:

                        United States Army Corps of Engineers

                        ATTN: CELRH-RD-E Public Notice No. 2009-835-OHR-HP

                        502 8th Street

                        Huntington, West Virginia 25701-2070

Please note, the names and addresses of those who submit comments in response to this Public Notice become part of our administrative record and, as such, are available to the public under provisions of the Freedom of Information Act.

If you have any questions concerning this public notice, please call Mr. Jacob Siegrist of my staff at 513-825-4489 or contact by email at jacob.a.siegrist@usace.army.mil.