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FSEIS Appendix D

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FSEIS Appendix D February 27 2017 Ms. Mary Ellen N. Hodges Archaeologist Virginia Department of Transportation Environmental Division 1401 E. Broad Street Richmond, VA 23219 Ref: Proposed Hampton Roads Crossing Study Cities of Hampton and Norfolk, Virginia Dear Ms. Hodges: The Advisory Council on Historic Preservation (ACHP) has received your notification and supporting documentation regarding the adverse effects of the referenced undertaking on a property or properties listed or eligible for listing in the National Register of Historic Places. Based upon the information you provided, we have concluded that Appendix A, Criteria for Council Involvement in Reviewing Individual Section 106 Cases, of our regulations, “Protection of Historic Properties” (36 CFR Part 800), does not apply to this undertaking. Accordingly, we do not believe that our participation in the consultation to resolve adverse effects is needed. However, if we receive a request for participation from the State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer, affected Indian tribe, a consulting party, or other party, we may reconsider this decision. Additionally, should circumstances change, and you determine that our participation is needed to conclude the consultation process, please notify us. Pursuant to 36 CFR §800.6(b)(1)(iv), you will need to file the final Programmatic Agreement (PA), developed in consultation with the Virginia State Historic Preservation Office (SHPO) and any other consulting parties, and related documentation with the ACHP at the conclusion of the consultation process. The filing of the PA and supporting documentation with the ACHP is required in order to complete the requirements of Section 106 of the National Historic Preservation Act. Thank you for providing us with your notification of adverse effect. If you have any questions or require further assistance, please contact MaryAnn Naber at (202) 517- 0218 or via e-mail at [email protected]. Sincerely, LaShavio Johnson Historic Preservation Technician Office of Federal Agency Programs UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE GREATER ATLANTIC REGIONAL FISHERIES OFFICE 55 Great Republic Drive Gloucester, MA 01930-2276 January 23, 2017 Mr. Scott Smizik Virginia Department of Transportation Environmental Division 1401 East Broad Street Richmond, VA 23219 Re: Hampton Roads Crossing Study, VDOT Project: 0064-965-081, PlOl; UPC 106724 Dear Mr. Smizak: On November 16, 2016, the cooperating agencies for the Hampton Roads Crossing Study met with you to concur on a preferred alternative to be recommended to the Commonwealth Transportation Board (CTB). During our meeting, cooperating agencies concurred that Alternative A, as described in the Draft Supplemental Environmental Impact Statement (DSEIS) should be recommended to the CTB as the preferred alternative because it represents the least environmentally damaging practicable alternative that meets the purpose and need of the project. The actions of the Hampton Roads Transportation Planning organization (HRTPO) and the Hampton Roads Transportation Accountability Commission (HRTAC) to endorse Alternative A and commit to its implementation with a series of other projects in the HRTPO 2040 Long Range Transportation Plan was a factor in this concurrence, as was the dedication of funding for the continued study of a new crossing of the Elizabeth River in the vicinity of Craney Island. As we commented during the meeting, our concurrence is based on the planning level information that has been provided in the DSEIS. However, we are unable to provide substantive recommendations until the means, methods and materials for construction of various project elements have been determined. Therefore, as project planning and design advance, we reserve the right to provide conservation recommendations in the future under the Magnuson­ Stevens Fishery Conservation and Management Act to protect essential fish habitat (EFH) designated for federally managed species. We also work to protect anadromous species from impacts under the Fish and Wildlife Coordination Act. Because federally listed threatened and endangered species may also occur within the project area, coordination under Section 7 of the Endangered Species Act may also be required as this project moves forward. Your responsibilities for EFH, anadromous fish and ESA-listed species consultation with our agency are outlined in our letter to you dated August 6, 2015. Thank you for the opportunity to participate as a cooperating agency for the Hampton Roads Crossing Study (HRCS). We look forward to continuing to be an active partner as the planning and design of the project moves forward. Please contact Mr. David O'Brien of our Virginia field office at david.l.o'[email protected] or 804-684-7828 if you have any questions. Sincerely, Karen M. Greene Mid -Atlantic Field Offices Supervisor Habitat Conservation Division cc: M. Murray-Brown - NMFS/GARFO/PRD TJnited States Department of the Interior NÄTION.A,L PARK SERVICE 1849 C Streer, N.W. Washington, D.C.20?40 IN N,f,PTTREFINTù H36(2287) December 21,2016 Mary Ellen Hodges Virginia Department of Transportation 1401 E. Broad Street Richmond, VA232l9 RE: Hampton Roads Crossing Study VDOT Project 0064-965-081, Pl01 (UPC 106724) Assessment of Effects SENT VIA EMAIL. NO HARD COPY. Dear Ms. Hodges, Thank you for contacting the National Park Service's American Battlefield Protection Program (ABPP) concerning the Section 106 Coordination Process due to an U.S. Arrny Corps of Engineers permit for the above referenced project in Virginia. The ABPP reviewed the materials sent by you via mail and received on December 1,2016 for the project's potential effects on Battlefìelds in the project's area. Historic Properties As acknowledged on the VDHR Coordination Form, ABPP recognizes that the proposed project's AOI falls within the study area for two Civil War Battlefields, as identified by the Civil War Sites Advisory Commission (CV/SAC): Hampton Roads (VA 008) and Sewell's Point (VA 001); see attached maps. In addition, a battlefield from the'War of 1812 is within the study area: Hampton Battlefield ff4a01); see attached maps. Hampton Battlefield is listed as a Battlefield Commemorative Opportunity and the site is not intact enough to warrant any effect to the battlefield. Hampton Roads (V4008) is listed as Preservation Priority IL2, as determined by the 1993 Civil V/ar Sites Advisory Commission (CWSAC) Report on the Nation's Civil V/ar Battlefields. Sewell's Point (V4001) is listed as a Priority IY.2. Both Priorities I and II refer to battlefields in critical need of preservation action. Additionally, the presence or integrity of archeological remains (terrestrial nor underwater) was not taken into consideration when determining preservation priorities. This consideration must be made in regard to the potential effects within the AOI of the proposed project. On March 8, 1862, from berth at Norfolk, the Confederate ironclad Virginia steamed into Hampton Roads where it sank Cumberland andran Congress aground. On March 9, the Union ironclad Monitor,having fortuitously arrived to do battle, initiated the first engagement of ironclads in history. The two ships fought each other to a standstill ,but Virginia retired. The AOI additionally lies within a Potential National Register Area for Hampton Roads (V4008) and Sewell's Point (VA 001) is in the vicinity of many other historic properties, as noted in your November 22, 2016 letter. Potential Effects- Direct and Indirect The ABPP believes that the battlefields mentioned above, no longer retain terestrial integrity (excepting Fort Monroe and Fort Wool), and agree with the "No Effect" finding for the terrestrial portions of the proposed project. However, the portions of the battlefields which retain integrity are essentially on and underwater, and in particular Hampton Roads (V4008) has the potential of being affected by this project. The proposed project has the potential of affecting the historic integrity of these battlefield landscapes throtigh the construction and expansion of the existing roadways, tunnel, and associated infrastructure related to the project. The construction could damage or destroy underwater archeological resources and military terrain in the area, in particular, those associated with the Hampton Roads. In review of the project proposal and location, at this time the American Battlefield Protection Program cannot agree with VDOT's determination of "No Adverse Effect" for the portions of the Battles of Hampton Roads and Sewell's Point which are on or under water. The ABPP recommends a Phase I Remote Sensing Survey fside scan sonar and magnetometer] of the full extent of the APE, including the resurvey of any targets previously identified in the 1998 Hampton Roads Bridge Tunnel survey, and Phase II investigations of any targets in the APE which are warranted to be conducted to fully determine the direct and indirect effects this proposed project will have on the identified battlefields. Please keep the ABPP informed of the Section 106 process due to the potential effects to Civil V/ar battlefield landscapes. If you have any further questions about these battlefields, please contact me at 202-3 5 4-221 5 or elizabeth-vehmeyer@nps. gov. Sincerely, tqtfubJrlnry-- Elizabeth Vehmeyer Archeologist and Grants Specialist American Battlefield Protection Program Enclosures cc: Julie Langan, Virginia Department of Historic Resources
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