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LRH 1999-650

Published Nov. 14, 2014
Expiration date: 11/29/2014

TO WHOM IT MAY CONCERN:  The following application has been submitted for a Department of the Army (DA) Authorization 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

 

DESCRIPTION:  The applicant previously requested a modification and time extension for their existing Department of the Army (DA) Individual Permit 199900650, which authorized the discharge of fill material into waters of the United States (U.S.) in conjunction with the relocation and widening of approximately 37 miles of U.S. Route 35 to a four-lane highway.  A Public Notice announcing the proposed modification was issued on February 7, 2011 and expired on March 9, 2011.  A copy of this previous Public Notice is attached to this notice.  Due to lack of funding, the project was delayed and, to date, this office has not rendered a final decision regarding the proposed modification.  The applicant has not commenced construction on this section of U.S. Rt. 35.  This DA authorization expired on December 31, 2010.  However, the request for additional time was received by the expiration date.  The applicant has requested the Corps to reinitiate processing of the proposed modification and time extension. 

There have been some minor changes to the proposal since the 2011 Public Notice was issued.  In the third paragraph of the attached original Public Notice, entitled Summary of Minor Realignment Adjustments, it states the proposed modified project would result in the discharge of fill material into a total of 10,504 linear feet of waters of the U.S.  The correct value is 10,196 linear feet.  In addition, there was a mathematical error in the discharge length for the unnamed tributary (UT) of Plantation Creek in the original authorization.  The value of the correct discharge length should state 129 linear feet.  These changes and corrections are reflected in the attached tables, which summarize the proposed discharges of fill material for the proposed modification.

The 2011 Public Notice stated the applicant would mitigate for all intermittent and perennial stream fills at a ratio of 2:1 at $200,000 per acre as stated in the original authorization.  Mitigation requirements have changed since the original project was authorized.  The applicant currently proposes to purchase credits from either an approved mitigation bank, the West Virginia In-Lieu Fee (WVILF) Program, or a combination of the two, to offset unavoidable discharges of fill material into waters of the U.S.  The West Virginia Stream and Wetland Valuation Metric (SWVM) will be used to calculate the number of credits needed to offset the proposed discharges of fill material.

The applicant has also requested this office extend the expiration date of the Individual Permit 199900650 until December 31, 2018.

 

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-199900650

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, are 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 call Sarah Workman of the South/Transportation Branch at (304) 399-5710

                                                                                        Summary of Minor Realignment Adjustments

Stream Name in Original Permit

Revised Stream Name

Flow Regime

Discharge length in original permit

Discharge length as described in 2011 Public Notice

Discharge length as described in current modification

UT of Kanawha River

Honeycutt Run

Perennial

335

896

896

UT of Kanawha River

UT of Honeycutt Run

Perennial

633

1,125

1,125

Plantation Creek

 

Perennial

485

1,723

1,723

Sixteen Mile Creek

 

Perennial

121

627

627

Little Sixteen Mile Creek

 

Perennial

1,269

2,293

2,293

Pond Branch

 

Perennial

1,007

1,788

1,788

Nine Mile Creek

Upper Ninemile Creek

Perennial

1,184

680

680

UT of Plantation Creek

 

Intermittent

95

437

129

UT of Kanawha River

UT of Honeycutt Run

Intermittent

738

60

60

UT of Nine Mile Creek

 

Intermittent

705

875

875

TOTALS

 

 

6,572

10,504

10,196

 

 

 

 

 

 

 

                                                             

 

 

Summary of Major Realignment Shifts

 

Stream Name

Discharge Length in Original Permit

Revised Discharge Length

UT 1 of Kanawha River

0

283

UT 2 of Kanawha River

531

843

UT 3 of Kanawha River

0

105

UT 4 of Kanawha River

0

739

UT 5 of Kanawha River

0

174

UT 6 of Kanawha River

975

1,135

UT 7 of Kanawha River

0

240

UT 8 & 9 of Kanawha River

1,047

1,703

TOTALS

2,553

5,222

 

 

 

 

or by email at sarah.m.workman@usace.army.mil.