Published Feb. 28, 2020
Expiration date: 3/29/2020

February 28, 2020


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

Luck Stone Corporation
C/o Mark Williams
P.O. Box 29682
Richmond, VA 23242

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed activity is located in waters and wetlands associated with Long Branch a tributary to the Appomattox River, in Prince Edward County, Virginia.  The project area is located at 11779 Prince Edward Highway, Farmville, Virginia (37.319685 N, -78.477323 W). 

PROPOSED WORK AND PURPOSE:  The applicant proposes to expand the existing Luck Stone – Prince Edward plant to continue the mining of biotite granite-gneiss rock for the production of crushed stone. 

The applicants stated purpose is to mine additional mineral reserves at the Luck Stone Prince Edward Plant in order to meet the current and future demand for aggregates in the local market. 

The project would permanently impact 750 square feet of palustrine forested wetlands and 2,529 linear feet of stream channels.  The applicant proposes to compensate for these permanent impact to waters of the U.S. by purchasing 2,529 stream credits and 0.04 acres of wetland credits from an approved mitigation 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. 

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, 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) there may be an effect 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 is attached for review and comment by Fish and Wildlife Service; and (3) known properties eligible or potentially eligible for inclusion or included in the National Register of Historic Places are within the permit area, however, would not be adversely affected by the proposal.  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, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  Steven VanderPloeg), 9100 Arboretum Parkway, Suite 235; Richmond, VA 23236, and should be received by the close of business on March 29, 2020.

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

Steven VanderPloeg at (804) 323-7071 or .

Attachment: Drawings, Species Conclusion Table,