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CENAO-WR-R 2007-1323 16-V1887

Posted: 3/3/2017

Expiration date: 4/3/2017


 FEDERAL PUBLIC NOTICE

The District Commander has received a joint application for Federal and State permits as described below:

APPLICANT
Gillies Creek Industrial Recycling

Attn: Mr. Kelby Morgan

1851 Bennington road

Rockville, Virginia 23146

 

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project site is approximately 23 acres and is generally located south of Route 60, south east of Bottoms Bridge, east of White Oak Road, in Henrico County, Virginia. The project site drains into the Chickahominy River, a tributary to the James River, a navigable water of the U.S. 

PROPOSED WORK AND PURPOSE:  The applicant proposes to conduct mining activities within existing mining area. The applicant proposes to import approximately 370,000 cubic yards of fill material to the site once mining is complete.  The fill material will be placed approximately 2-3 feet below the surrounding ground elevation and will be subsequently converted back to open water. These impacts were previously authorized but not taken prior to the expiration date of the permit. The project will temporarily impact approximately 19 acre of open water. No compensatory mitigation is required. The applicant indicated that wetlands impacts have been avoided and minimized by avoiding any impacts for road access. The site is within an approved wetland mitigation bank known as Scandia. The filled mining pits will eventually be used to create additional wetlands within the bank.

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated. Project drawings are attached.  

AUTHORITY: Permits are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.  

FEDERAL EVALUATION OF APPLICATION:  The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest.  The decision will reflect the national concern for both protection and utilization of important resources.  The benefits which reasonably may be expected from the proposal must be balanced against its reasonably foreseeable detriments.  All of the proposal's relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.  The Environmental Protection Agency's "Guidelines for Specification of Disposal Sites for Dredged or Fill Material" will also be applied (Section 404(b)(1) of the Clean Water Act).   

The Corps of Engineers 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 direct, indirect, and cumulative impacts of this proposed activity.  Any comments received will be considered by the Corps of Engineers 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.  Anyone may request a public hearing to consider this permit application by writing to the District Commander within 30 days of the date of this notice, stating specific reasons for holding the public hearing.  The District Commander will then decide if a hearing should be held. 

Preliminary review indicates that:  (l) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process there may be an effect to listed Northern long eared bat and the Sensitive joint-vetch under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table are attached for review and comment by the Fish and Wildlife Service; and (3) No Historic Resources will be impacted by the proposed development.  Additional information might change any of these findings.  

For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Tidewater, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia Coastal Zone Management Program (VCP) and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). We have not received a certification from the applicant prior to publication of this public notice.  It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review for concurrence or objection and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found here:

http://www.deq.virginia.gov/Programs/EnvironmentalImpactReview/FederalConsistencyReviews.aspx#cert  

For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: bettina.sullivan@deq.virginia.gov or john.fisher@deq.virginia.gov.

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to silvia.b.gazzera@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on April 3, 2017. 

PRIVACY & CONFIDENTIALITY:  Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers.  Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers.  Submissions should not include any information that the submitter seeks to preserve as confidential.  

If you have any questions about this project or the permit process, contact Silvia B. Gazzera at (804) 212-6817, silvia.b.gazzera@usace.army.mil

Chickahominy River Henrico County James River tributary