Published Aug. 12, 2020
Expiration date: 9/11/2020

Aug. 12, 2020

The district commander has received a joint application for federal and state permits as described below:


Atlantic Waste Disposal Inc.

ATTN: Jason Williams

3474 Atlantic Lane

Waverly, VA 23890


WATERWAY AND LOCATION OF PROPOSED WORK: The project is in the Black Swamp, a Nottoway River tributary, at the Sussex County Atlantic Waste Disposal Facility in Waverly, Virginia.


PROPOSED WORK AND PURPOSE: The applicant proposes to fill 5.4 acres of forested wetlands to modify the existing approved landfill footprint at the Sussex County Atlantic Waste Disposal Facility by expanding into 150 acres. The lateral re­development is for remedial purposes that will result in a net-zero increase in the amount of waste the facility is currently permitted to receive. The facility exhibits abnormal biological and chemical characteristics, along with higher-than-normal temperatures, for which atypical best-management practices are recommended. Waste management personnel, who operate the facility, and the Virginia Department of Environmental Quality’s Land Protection and Revitalization Program have concluded the modified footprint is the best alternative, allowing it to continue operations per the Solid Waste Permit. The project’s purpose is to allow the facility to continue operation by providing additional space, since it is not possible to overlay solid-waste material on top of the existing waste mass. The applicant considered other on-site alternatives, which would impact the same or more wetlands. To keep the existing facility operational, the applicant needs a short-term solution within the next 3-4 years. Therefore, off-site alternatives were considered but dismissed, due to the amount of time needed to find an appropriate location, obtain permits and construct a new landfill. The applicant proposes to mitigate for impacts by purchasing wetland credits at a 2:1 ratio from an approved mitigation bank within the service area.

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, assuring applicable laws and regulations pertaining to water quality are not violated. Project drawings are attached and the Joint Permit Application can be found on the Virginia Marine Resources Commission website at:

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 a probable-impact evaluation, including cumulative impacts of the proposed activity on the public interest. It will reflect the national concern for both protection and utilization of important resources. The benefits that 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, fish, wildlife and flood-plain values; flood hazards, land use, navigation, shoreline erosion and accretion, recreation; water supply, conservation and quality; energy and mineral needs, safety, food and fiber production, property ownership and, in general, the people’s needs and welfare. 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 proposed activity’s direct, indirect and cumulative impacts. Any comments received will be considered by the Corps 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, the general environment and other public-interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or Environmental Impact Statement pursuant to the National Environmental Policy Act. They are also used to determine the need for a public hearing and overall public interest in the proposed activity. Anyone may request a public hearing to consider this permit application by writing to the district commander within 30 days of this notice date, stating specific reasons for holding it. The district commander will then decide if a hearing should take place.

Preliminary review indicates: (1) No Environmental Impact Statement will be required; (2) After conducting Norfolk District’s ESA Project Review Process, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884, as amended) will be affected. Based on this “no effect” determination, no further coordination with the Fish and Wildlife Service is required. The Official Species List and Species Conclusion Table are attached for review and comment by Fish and Wildlife Service; (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.

COMMENT PERIOD: Comments on this project should be in writing. They can be sent by email to or regular mail, addressed to: Norfolk District, Corps of Engineers (ATTN: CENAO-WR-R), 803 Front St., Norfolk, Virginia 23510-1011. All comments should be received by close of business Sept. 11.

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

If you have questions about this project or the permit process, contact Melissa Nash at 757-201-7489 or

Attachment: Drawings