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NAO-1990-2297

Posted: 2/26/2018

Expiration date: 3/27/2018


FEDERAL PUBLIC NOTICE

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

APPLICANT
Waste Management of Virginia, Inc.
Mr. Ray McGowan
20221 Maplewood Road
Jetersville, Virginia  23083 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located on North Buckskin Creek a tributary of the Appomattox River and James River and the Chesapeake Bay at the intersection of U.S. 360 and Maplewood road in Amelia County, Virginia.  

PROPOSED WORK AND PURPOSE: The applicant proposes to construct a road crossing and 6 landfill cells within the existing Maplewood Landfill. The applicants stated purpose is to finish construction of cells to receive coal combustion residue based on regional treads and need.  Phase III and IV are the final phases of Maplewood Landfill. The project will permanently impact 0.26 acres of palustrine forested wetlands and 2,383 linear feet of stream channel. The applicant has shown avoidance and minimization by only constructing one stream crossing to access phase III and IV. The applicant proposes to compensate for unavoidable impacts by purchasing 0.52 wetland credits (2:1 ratio) from the James River Mitigation Bank and 2,961 stream credits from the Amelia Environmental Bank (USM). 

In 2016, a permit was issued to finish construction of an access road and overhead utility line resulting in 0.179 of wetland conversion impacts, 0.446 permanent wetland impacts and 434 linear feet of stream impacts. The compensation for these impacts was accomplished by purchasing credits from an approved mitigation bank.  

In 1991, a permit was issued to construct the perimeter road resulting in 2.4 acres of wetland impacts. The compensation for these impacts was accomplished by constructing 5.2 acres of wetlands on-site. This area has expanded for a total of 8.1 acres of wetlands to date. This area consists of some forested, scrub shrub and emergent wetlands. Also in 1991, a permit was issued to construct phase III and IV. 

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 the northern long-eared bat species under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table is attached for review and comment by Fish and Wildlife Service; and (3) the following known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal (44AM0054, 004-5023-Buckskin Creek Road. Additional information might change any of these findings.   

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to Julie.s.hamilton@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R), 9100 Arboretum Parkway, Suite 235, Richmond, Virginia, 23236, and should be received by the close of business on March 27, 2018.  

*Comments will be  accepted up to two weeks after the cutoff date do to mailing delays

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 Ms. Julie S. Hamilton at (804) 436-4725 or julie.s.hamilton@usace.army.mil 

Amelia County Appomattox River chesapeake bay James River Maplewood Landfill North Buckskin Creek