November 7, 2024
CENAO-WRR
NAO-2018-00983
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
APPLICANT
Mr. Mark Williams
Luck Stone Corporation
P.O. Box 29682
Richmond, Virginia 23242
PROJECT LOCATION: The project site is located along the southern side of Hudson Road and Eleven Oaks Road down to Lazaretto Creek in the Town of Crewe and Nottoway County, Virginia.
PROJECT SIZE: 334.9 acres
NEAREST WATERWAY: Lazaretto Creek
LATITUDE AND LONGITUDE: 37.1568°N; -78.1184°W
PROJECT DESCRIPTION AND PURPOSE:
The proposed project includes excavation of a granite quarry pit with appurtenant support facilities. The pit area will utilize downward spiraling concentric circles to advance on meta volcanic stone reserves. The proposed project includes a phased pit expansion. The initial pit will be approximately 38 acres with additional space reserved to the west for expansion. Expansion is projected to be necessary in 5-8 years after quarry establishment. The proposed project also includes construction of a scale and scale office, equipment and maintenance shop, overburden storage area, three settling ponds, interior access roads, and a rail spur.
Phase 1 would include permanent impacts to 0.624 acres of palustrine forested (PFO), 0.06 acres of palustrine scrub-shrub (PSS), 0.153 acres of palustrine emergent (PEM) wetlands, 1851 linear feet of intermittent (R4) stream channel and 2052 linear feet of perennial (R3) stream channel. Approximately 32 linear feet of R3 and 91 linear feet of R4 stream channel will be secondarily impacted. 105 LF of existing culverted stream will also be replaced.
Phase 2 would include permanent impacts to 0.39 acres of PFO, 0.13 acres of PEM wetlands, 2,639 linear feet of R3, and 1632 linear feet of R4 stream channel. Approximately 57 square feet of PFO wetlands and 42 linear feet of R3 stream channel will be secondarily impacted.
Total impacts across both phases would be 1.35 acres of palustrine non-tidal wetlands and 8,444 linear feet of non-tidal stream channel.
The purpose of the Project is to construct a granite quarry that will provide a safe and efficient means to meet current and future demands for stone within the region and provide access to service the Tidewater Region of Virginia.
PLEASE NOTE: On February 9, 2023, a public notice was issued. Based on the results of a renewed wetland delineation, impacts were under reported by 0.5 acres of wetlands and 948 LF of stream channel. The limits of disturbance for the proposed project remain the same.
AVOIDANCE AND MINIMIZATION:
The project area contains approximately 4.9 acres of palustrine forested wetlands, 0.1 acre of palustrine scrub/shrub wetlands, 1.0 acre of palustrine emergent wetlands, and 123,111 linear feet of streams. Approximately 1.35 acres of wetlands and 8,444 linear feet of streams (0.59 acre) will be impacted through project implementation. Approximately 3.55 acres of wetlands and 114,667 linear feet of streams will remain undisturbed on the site. Through avoidance and minimization efforts the applicant plans to avoid more than 70% of the existing wetlands. Impacts to jurisdictional features will be avoided and minimized to the maximum extent practicable by incorporating resourceful site selection and site planning including the utilization of the wetland delineation to ensure all jurisdictional features within the Project Area are accurately mapped. The applicant has selected the proposed site due to its strategic location which can readily service the local market, markets to the south, and future developments east of the fall line. The first avoidance and minimization efforts were due to Virginia Energy requirements and internal guidelines for work around jurisdictional features. Virginia Energy requires a 100’ buffer around the perennial system. The Applicant has projected an additional 100’ of buffer (200’ combined) off Lazaretto Creek in areas proximal to industrial disturbance. These areas are to remain undisturbed to minimize primary and secondary impacts to the main system. All proposed impacts are too headwater systems with minor contributing drainage areas in relation to the drainage area for the main system. Second, the Applicant has situated the initial proposed pit and overburden storage in areas where jurisdictional features are avoided to the maximum extent practicable. The location of the pit allows for efficient initial yields while positioning for expansion as demand requires. The overburden storage area has been strategically positioned in uplands between two stream systems to minimize impacts. With the avoidance measures considered so far, the initial phase of the quarry can meet the project purpose and need with room for expansion in line with the long-term conceptual advance plan. To avoid secondary impacts, a project-specific Erosion and Sediment Control (ESC) plan will be prepared in accordance with the Virginia Energy mining permit and the VPDES General Permit for Non-Metal Mineral Mining. All regulated land-disturbing activities associated with the Project will be covered by the project-specific ESC plan. During construction activities, these measures will be inspected and maintained throughout the life of the construction activity providing for enhanced protection of the jurisdictional areas.
COMPENSATORY MITIGATION:
Compensatory mitigation for these unavoidable impacts will be achieved through the purchase of off-site mitigation credits from Mitigation Banks authorized to service the project area. Compensation requirements were determined using standard mitigation ratios of 2:1 for PFO, 1.5:1 for PSS and 1:1 for PEM wetlands. The Unified Stream Methodology (USM) was used to determine stream mitigation ratios.
Due to the nature and timing of quarry phasing, and in efforts to not deplete the credit reserves in the watershed, the Applicant is proposing a phased mitigation plan. The phased mitigation plan would correspond to the phasing as presented on the impacts map. Compensation would be provided prior to any impacts being taken for that phase. Compensation requirements for Phase 1 would include 1.49 wetland and 4,742 stream credits. Phase 2 would require 0.90 wetland and 4,637 stream credits.
The applicant obtained an Individual Section 401 Water Quality Certification and Individual Permit from the Virginia Department of Environmental Quality (DEQ) on October 17, 2023.
A copy of the original joint permit application materials can be found on the Virginia Marine Resources Commission’s website (https://webapps.mrc.virginia.gov/public/habitat/additionaldocs.php?id=20230005).
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).
( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408 (Section 408)).
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 communities with Environmental Justice concerns, 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 15 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:
Federally threatened and/or endangered species are located within the Corps action area. Based on previous consultation efforts with the U.S. Fish and Wildlife Service, it was determined that impacts from the proposed project will either have no effect or may affect but not likely to adversely affect these species. The Service provided concurrence, on October 21, 2024, of the Corps effect determinations. Additional information might change any of these findings.
HISTORIC AND CULTURAL RESOURCES:
Historic Resources eligible for inclusion or included in the National Register of Historic Places (NRHP) are in or near the Corps permit area. Based on previous coordination with the Virginia Department of Historic Resources, it was determined by VDHR, on August 2, 2024, that no historic properties will be affected by the undertaking. Additional information may change any of these findings.
ENVIRONMENTAL JUSTICE:
Based in initial records, the proposed project is within an underserved and disadvantaged community.
Additional information may change any of these findings.
VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM:
No concurrence is required because the project is not located within Virginia’s Coastal Zone.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM:
The applicant obtained an Individual Section 401 Water Quality Certification and Individual Permit from the Virginia Department of Environmental Quality (DEQ) on October 17, 2023. EPA received notification pursuant to Section 401(a)(2) of the CWA and determined, on November 14, 2023, that they will not be sending a ‘may affect’ notification to neighboring jurisdictions for the proposed discharge.
COMMENT PERIOD:
Comments on this project should be in writing and can be sent by either email to randy.l.steffey@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 November 22, 2024.
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 Mr. Randy Steffey at 757-201-7579 or via email at randy.l.steffey@usace.army.mil.