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NAO-1988-00021 (SPSA Adverse Effect, Suffolk, Virginia)

U.S. Army Corps of Engineers Norfolk District
Published Nov. 15, 2024
Expiration date: 12/16/2024

November 15, 2024
CENAO-WRR-N
NAO-1988-00021

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

APPLICANT
Mr. Dennis Bagley
Southeastern Public Services Authority (SPSA)
723 Woodlake Drive
Chesapeake, VA 23320

WATERWAY AND LOCATION OF THE PROPOSED WORK: 
The project site is within a tributary to Burnetts Mill Creek at the Regional Landfill at 1 Bob Foeller Drive in Suffolk, Virginia off merged U.S. Routes 58, 13, and 460, Virginia.  A vicinity map is attached.

LATITUDE AND LONGITUDE: 36.765420, -76.515147

PROPOSED PROJECT:  SPSA proposes to expand the existing Regional Landfill into Cells VIII and IX at 1 Bob Foeller Drive in Suffolk, Virginia.  

PROJECT PURPOSE AND NEED: 
The authorized cells at the Regional Landfill are expected to reach disposal capacity in 2037. SPSA’s purpose for the proposed project is to expand its operations into Cells VIII and IX, creating approximately 16 MCY of capacity to provide approximately 20–22 years of waste disposal, in order to continue to meet the region’s long-term solid waste disposal needs in a safe, cost effective and environmentally sound manner. 

AUTHORITY:
Permits for the work in waters, including wetlands, are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217).  The Corps must comply with the National Historic Preservation Act (NHPA) (54 U.S.C. § 306108), 36 CFR Part 800, regulations implementing Section 106 of the NHPA and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits.

PURPOSE OF PUBLIC NOTICE:  
In compliance with regulations implementing Section 106 of the NHPA, the Corps is soliciting comments on the proposed project from the public; federal, state, and local agencies and officials; Native American Tribes; and other interested parties.  This public notice provides an opportunity for members of the public to express their views on the undertaking’s effects on historic properties and resolution of adverse effects.  The Corps is requesting comments to assist in evaluation of the effects of the project on historic properties and evaluation of alternatives or modifications which could avoid, minimize, or mitigate adverse effects on historic properties.

Historic Property Identification:  
The Corps identified historic properties within the Corps permit area.  In consultation with the Nansemond Indian Nation and based on the findings of Gray & Pape’s Ethnographic Evaluation, Ethnobotanical Mapping, and GIS Study, we have identified the Mawinsowa Swamp Traditional Cultural Place within the SPSA project area.  The studies completed represent a reasonable and good faith effort to identify historic properties.  No archeological resources or National Historic Landmarks are present within the area.

ADVERSE EFFECT DETERMINATION
In consultation with the State Historic Preservation Office, and in consideration of views concerning effects provided by consulting parties, including Tribes, the Corps applied the criteria of adverse effect to historic properties within the permit area.  The Corps determined that the proposed federal action would result in an adverse effect on the Mawinsowa Swamp Traditional Cultural Place.  The Corps is consulting further to develop and evaluate alternatives or modifications to the undertaking that could avoid, minimize, or mitigate adverse effects on historic properties.  The Corps, the Virginia Department of Historic Resources, the permittee, and other consulting parties are proposing to enter into a Memorandum of Agreement (MOA) under Section 106 of the NHPA.

COMMENT PERIOD: 
Comments on this project should be in writing and can be sent by either email to melissa.a.nash@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WRR), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on December 16, 2024.

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 Melissa Nash at 757-201-7489 or by email melissa.a.nash@usace.army.mil.