US Army Corps of Engineers
Norfolk District Website

​NAO-2018-01295, 20-V0636

Published June 11, 2020
Expiration date: 7/11/2020

June 11, 2020
CENAO-WR-R
NAO-2018-01295, 20-V0636

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

APPLICANT
Spotsylvania County, Department of Public Works
Attn: Mr. Steven Knight
P.O. Box 116
Spotsylvania, Virginia 22551

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project site is approximately 52 acres and is located at 6241 Massey Road, within the existing Livingston Landfill, in Spotsylvania County, Virginia. The site drains into Bluff Run a tributary to the Mattaponai River, which drains into the York River.

PROPOSED WORK AND PURPOSE:  The applicant proposes to discharge fill material into 0.1 acre of forested wetlands, 0.22 acre of emergent wetlands, 0.32 acre of scrub-shrub wetlands, 21 linear feet of ditch and 578 linear feet of stream. The purpose of the project is to expand the existing landfill by constructing four new cells (Cell IIA, IIB, IIC, and IID) and an access road. To mitigate for the proposed impacts, the applicant is proposing to purchase 0.9 wetland credit and 589 stream credits from the New Kent Mitigation Bank.  The applicant indicated that impacts to wetlands have been avoided and minimized by designing the new cells adjacent to the existing cells and therefore reducing the need for new roads and other infrastructures.  Previously authorized impacts for the landfill are 0.96 acre of forested wetlands and 368 linear feet of stream channel. Total cumulative impacts (authorized and proposed) for the landfill are 1.6 acres of wetlands, 946 linear feet of stream, and 21 linear feet of ditch.

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 the Joint Permit Application can be found on the Virginia Marine Resources Commission website.

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) after conducting the NAO ESA Project Review Process, the Northern Long Eared Bat may be affected, but the 4(d) key was completed and no further coordination with the Fish and Wildlife Service is required, and (3) no 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.  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 July 11, 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 Silvia B. Gazzera at silvia.b.gazzera@usace.army.mil, (804)-212-6817.

Attachment: Drawings, Species Conclusion Table, Self-Certification Letter, Consistency Letter