CENAO-WRR
NAO-2022-00651 / VMRC#22-V2031
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
APPLICANT
Mr. Joseph Dean
The Williams Companies, Inc.
2800 Post Oak Boulevard
Level 11
Houston, TX 77056
PROJECT LOCATION: Eastern extent starts at Independence Church Road (SR 633) in Greensville County and ends just west of Western Mill Road (SR 670) in Brunswick County, Virginia
PROJECT SIZE: 103 acres
NEAREST WATERWAY: Multiple tributaries of the Meherrin River and the Chowan basin.
LATITUDE AND LONGITUDE: Eastern extent 36.6556, -77.6537, western extent 36.6859, -77.7607
PROJECT DESCRIPTION AND PURPOSE: The proposed project includes construction of 6.35 miles of natural gas 24-inch pipeline along the existing South Virginia Lateral pipeline system to increase transportation capacity, increase overall reliability and to meet the growing need for natural gas in the Mid-Atlantic region and will permanently convert 0.75 acres of palustrine forested wetlands or palustrine scrub shrub wetlands to palustrine emergent wetlands and temporarily impact 1.77 acres of palustrine emergent wetlands and 1,185 linear feet of stream channel.
AVOIDANCE AND MINIMIZATION: The applicant demonstrated avoidance and minimization by siting the new natural gas pipeline within existing maintained utility easement and reducing the width of the maintained easement in wetlands.
COMPENSATORY MITIGATION: The applicant proposes to compensate for unavoidable permanent wetland impacts by purchasing 0.75 wetland credits (1:1 ratio) from an approved wetland mitigation bank.
In addition, the applicant must obtain an Individual Section 401 Water Quality Certification or waiver from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated.
A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website (click here).
AUTHORITY:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and
Title 62.1 of the Code of Virginia.
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413).
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 (EIS) pursuant to the National Environmental Policy Act. Preliminary review of the application indicates that no EIS will be required.
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.
ENDANGERED SPECIES: After conducting the Norfolk District Endangered Species Act (ESA) Project Review Process, the Corps has made the preliminary determination that:
The Federal Energy Regulatory Commission (FERC) is the lead federal agency and is responsible for this coordination. Docket Number PF22-4-000.
HISTORIC AND CULTURAL RESOURCES:
The Federal Energy Regulatory Commission (FERC) is the lead federal agency and is responsible for this coordination. Docket Number PF22-4-000.
ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH).
The Federal Energy Regulatory Commission (FERC) is the lead federal agency and is responsible for this coordination. Docket Number PF22-4-000.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: The applicant must obtain, from the Virginia DEQ, a Clean Water Act Section 401 Water Quality Certification for any federal license or permit that authorizes an activity that may result in a discharge into waters of the U.S. (40 CFR Part 121). As the Certifying Authority, the Virginia DEQ may grant, grant with conditions, or deny a certification request. Alternatively, the Virginia DEQ may waive, expressly or implicitly, its authority to act on a certification request. In either case, a written notice of waiver from DEQ (expressly waived) or from the Corps (implicitly waived), satisfies the project proponent’s requirement to obtain certification.
Pursuant to 33 CFR 325.2(b)(1)(i), this Public Notice serves as the Corps’ CWA § 401(a)(2) notification to the Administrator of the Environmental Protection Agency (EPA). Pursuant to 40 CFR 121.12, the EPA shall notify the Corps, the Virginia DEQ, and the applicant, within 30 days of receipt of the application and certification, if the Regional Administrator determines that the proposed discharge may affect the quality of the waters of any neighboring jurisdiction.
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-WRR), 803 Front Street, Norfolk, VA 23510-1011, and should be received by the close of business on October 7, 2022.
PRIVACY AND 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 by email at julie.s.hamilton@usace.army.mil or by phone at (804) 436-4725.
Attachments: