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NAO-2014-01187/VMRC#17-V0617

Published May 26, 2017
Expiration date: 6/26/2017
FEDERAL PUBLIC NOTICE

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

APPLICANT
Virginia Electric and Power Company
5000 Dominion Boulevard
Glen Allen, Virginia 23060 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in and along the Potomac River off Possum Point Road approximately 0.5 mile north-northeast of the intersection of Cockpit Point Road and Possum Point Road in southeast Prince William County, Virginia.  

PROPOSED WORK AND PURPOSE: The applicant proposes construction of the Possum Point Slope Stabilization Project. The development will include clearing, grading, and filling for the construction of a riprap revetment, improvements to an existing gravel access road, rehabilitation of an existing stormwater drainage pipe and inlet structure, regrading of the eastern slope to a flatter grade and the toe of the western slope, installation of a Mechanically Stabilized Earth (MSE) slope and riprap at the toe of the slope for stability and erosion protection. The purpose of this project is to stabilize an existing slope at the Possum Point Power Station.  

The proposed project would permanently and temporarily impact jurisdictional wetlands and waters of the United States. Impacts to jurisdictional waters and wetlands include temporary impacts to 850 LF (0.34 acre/14,810 SF) of subaqueous bottom and a total of 1.37 acres of permanent impacts to 0.43 acre/18,731 SF of palustrine emergent (PEM) wetland, 0.04 acre/1,568 SF of palustrine scrub-shrub (PSS) wetland, 0.41 acre/17,860 SF of non-vegetated tidal wetland, and 850 LF (0.49 acre/21,344 SF) of subaqueous bottom channelward of mean low water (MLW) in the Potomac River. The project also proposes impacts to 0.74 acre of submerged aquatic vegetation (SAV) offshore of the project site.  

The applicant proposes to mitigate these impacts offsite through the purchase of wetland and stream credits from an approved Corps bank.  

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401 certification from the Virginia Department of Environmental Quality assuring that applicable laws and regulations pertaining to water quality are not violated and a permit from the Prince William County Wetlands Board.  Project drawings are attached. 

AUTHORITY:  Permits are required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), 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 affect to listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 and the Official Species List and Species Conclusion Table will be forwarded to Fish and Wildlife Service for review and comment; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in the permit area, or would likely be affected by the proposal.  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 made by email to theresita.m.crockett-augustine@usace.army.mil or in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WR-R), 18139 Triangle Shopping Center, Suite 213, Dumfries, Virginia 22026 and should be received by the close of business on June 26, 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, please call: Ms. Theresita Crockett-Augustine at 703-221-9736 or email at theresita.m.crockett-augustine@usace.army.mil.