NAO-2005-04558 / VMRC 20260287 (Roanoke Valley Resource Auth. Smith Gap Landfill, Roanoke County, Virginia)

Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Norfolk District has received an application for a Department of the Army (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344). The purpose of this public notice is to solicit comments from the public and information necessary to evaluate the probable impact on the public interest regarding the proposed activity as described below and as shown on the enclosed drawings.

APPLICANT:
Jon Lanford
Roanoke Valley Resource Authority               
1020 Hollins Road NE
Roanoke, VA 24012

LOCATION OF PROPOSED ACTIVITY: The proposed activity would affect waters of the United States associated with Bradshaw Creek. The project/review area is located at the existing Smith Gap Regional Landfill on Bradshaw Road, City of Salem, Roanoke County, Virginia (Latitude 37.293650°, Longitude -80.213568°).

PROPOSED ACTIVITY: The applicant is requesting a DA permit to expand the existing Smith Gap Regional Landfill for Phases VIII and IX. Phases V through IX were previously permitted by the USACE and the Virginia Department of Environmental Quality (DEQ) in 2006 (JPA #20051844). The permit expired in 2021, before Phases VIII and IX were constructed. The proposed project would result in permanent impacts to a total of 757 linear feet of stream channel associated with site grading and perimeter berm construction. The proposed stream impacts are summarized below:

The stated project purpose is to provide critical additional waste disposal space for the continued growth of the Roanoke Valley.

MITIGATION: The applicant has provided the following information to explain how impacts to waters of the United States associated with the proposed activity are to be avoided, minimized, and compensated for. Application materials indicate that various offsite locations and onsite configurations were considered during project planning, and the proposed layout was selected to reduce impacts to waters of the U.S. and protected resources while still meeting project requirements. The previous authorization included mitigation for 624 linear feet of stream impact. The applicant proposes compensatory mitigation for the remaining 133 linear feet of permanent stream loss at a 1.23:1 ratio through the purchase of 164 stream credits from the Frog Bottom Mitigation Bank.

The USACE will determine the type and amount of compensatory mitigation necessary to offset losses of waters of the United States which may result from the proposed activity in accordance with 33 CFR § 332.

A copy of the application can be found on the Virginia Marine Resources Commission’s website: Application Number 20260287.

HISTORIC PROPERTIES/CULTURAL RESOURCES: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. § 306108), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officers to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.

The USACE is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government agencies with respect to historic resources.

The USACE’s final eligibility and effect determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes, and other interested parties, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the USACE-identified permit area.

ENDANGERED SPECIES: Section 7 of the Endangered Species Act (ESA) (16 U.S.C. § 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat (or critical habitat proposed such designation).The USACE has performed an initial review of the application and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, and the proposed and final designated critical habitat may occur in the vicinity of the proposed project.

Based on this initial review and the IPaC Official Species List (Project Code 2026-0110438), the following species were identified for consideration: 

The proposed action includes removal of approximately 3.12 acres of forested habitat within the range of Indiana bat, northern long-eared bat, and tricolored bat. Suitable summer roosting habitat is present within the action area; therefore, the project has the potential to affect the species. No known hibernacula, winter roosts, or occupied culverts occur within 0.5 mile of the project area. A bat survey conducted in 2023 demonstrated the probable absence of Indiana bats. Standard erosion and sediment control Best Management Practices (BMPs) would be implemented to minimize indirect effects to aquatic foraging habitat. In consideration of these conservation measures and the absence of known hibernacula in the vicinity, as well as the results of the Northeast Determination Key and the Northern Long-eared Bat and Tricolored Bat Determination Key, the USACE has determined the proposed action may affect but is not likely to adversely affect (MANLAA) the Indiana bat and northern long-eared bat. 

The site consists primarily of hardwood forest and active landfill. While the proposed action will remove potential forested roosting habitat for the proposed Tricolored Bat and potential foraging habitat for the proposed Monarch Butterfly, these effects are limited in extent and are not expected to rise to the level of jeopardizing the continued existence of either proposed species. Therefore, the Corps has made a preliminary determination that the proposed action is not likely to jeopardize the continued existence of the proposed tricolored bat or the proposed Monarch butterfly. Accordingly, conferencing with the USFWS pursuant to Section 7(a)(4) of the ESA is not required.

Pursuant to Section 7 of the ESA, any required coordination will be conducted in accordance with 50 CFR Part 402. The USACE is the lead Federal agency for ESA compliance for the proposed action. 

This notice serves as request to the USFWS for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C. § 1855), requires 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). Pursuant to the MSA, the USACE reviewed the project area, examined information provided by the applicant, and consulted available species information. The USACE’s preliminary review indicates that there is no EFH in the Corps area of responsibility.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Virginia Department of Environmental Quality. The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 27, 2023, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the Virginia Department of Environmental Quality. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency (EPA) Administrator when it has received a Department of the Army (DA) permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.

COASTAL ZONE MANAGEMENT: This project is located outside of the Virginia Coastal Zone. Therefore, no Virginia Coastal Zone Management Program Federal Consistency Concurrence is required.

NATIONAL WILD AND SCENIC RIVERS: There are no designated National Wild and Scenic Rivers in the State of Virginia.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the USACE jurisdiction has not been verified by USACE personnel.

EVALUATION:  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. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the EPA Administrator under authority of Section 404(b) of the Clean Water Act. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposed activity. To make this determination, comments are used to assess impacts to 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. Any comments or objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested permit. Please note that all comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

The Norfolk District will receive comments on the proposed activity, as outlined above, until August 21, 2026. All comments must be submitted in writing. To ensure a streamlined and timely review, comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit comments to U.S. Army Corps of Engineers, Norfolk District, Fork Norfolk, 803 Front Street, Norfolk Virginia 23510-1011. Please refer to “NAO-2005-04558” in your comments. If you have any questions about this project, please reach the Southern Branch Regulator of the Day at 757-201-7580.