Published May 15, 2013
Expiration date: 6/15/2013

CENAO-WR-R                                                                                                                       May 15, 2013


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

Mr. Mark Williams
Luck Stone Corporation
Richmond, Virginia 23242

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The project is located along the Ni River and its tributaries in Spotsylvania County, Virginia.  The 400-acre project is bounded by U.S. Route 1 on the East and the Ni River on the South.

PROPOSED WORK AND PURPOSE:  The applicant proposes to complete the development of a 400-acre parcel into a granite quarry named “Luck Stone Massaponax Quarry.”  On July 30, 2002 a Department of the Army permit was issued to Luck Stone Corporation for a proposal to fill 3.97-acres of forested, non-tidal wetlands, 4,484-linear feet of intermittent streams and 130-linear feet of a perennial stream associated with the granite quarry.  The Luck Stone Department of the Army permit expired July 22, 2012 prior to all of the permitted impacts to wetland and streams had occurred.  At this time fill in 1.17-acres of wetlands and 3,437-linear feet of streams has occurred.  There are therefore 1,047-linear feet of streams that have not been filled.  The current project footprint in wetlands and streams has not changed since the original applicant in 2002.  Luck Stone Corporation now proposes to take these remaining impacts to streams and wetlands (2.8-acres) and streams (1,047-linear feet).

Currently, Luck Stone Corporation has completed 9.69-acres of onsite wetland preservation and purchased 6.94-acres of wetland compensation credits.  Luck Stone Corporation has preserved 945-linear feet of onsite stream channels and purchased 3,539-linear feet of stream compensation credits.  Impacts to 130-linear feet of perennial stream channels were compensated through the onsite restoration of 97-linear feet of perennial stream channel.

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401 certification from the Virginia Department of Environmental Quality assuring that applicable laws and regulations pertaining to water quality are not violated. Project drawings are attached.

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 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 classification, 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 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.  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.

Preliminary review indicates that:  (l) no environmental impact statement will be required; (2) Swamp Pink (Helonias bullata) listed as endangered and Dwarf Wedge Mussel (Alasmidonta heterodon) listed as threatened under the Endangered Species Act of 1973 (PL 93-205) may be affected by this undertaking; and (3) Based on the findings conducted in 2001 of a Phase I Archaeological investigation, the Virginia Department of Historic Resources determined in 2001 that the Corps’ undertaking would not adversely affect properties listed or eligible for listing in the National Register of Historic Places.

We have not received a certification from the applicant prior to publication of this public notice.  It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review for concurrence or objection and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found here:  For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: or

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 National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH).   This reach of the Ni River may contain Essential Fish Habitat (EFH) for the juvenile and adult  life stages of seven species including windowpane flounder (Scopthalmus aquosus), bluefish (Pomatomus saltatrix), summer flounder (Paralicthys dentatus), king mackerel (Scomberomorus cavalla), Spanish mackerel (Scomberomorus maculatus), cobia (Rachycentron canadum), and red drum (Sciaenops occelatus).  The majority of the habitat which this project would affect consists of shallow non-vegetated subtidal and intertidal waters.  The proposed project is described in Proposed Work and Purpose, above.  Our assessment of the project leads us to a preliminary determination that it will not have a substantial adverse effect on EFH and therefore expanded EFH consultation is not required.  Our rationale for this preliminary determination is based on the expected short-term nature of the direct impacts, minimal increases in turbidity caused by the proposed work, and the absence of vegetated wetlands or submerged aquatic vegetation within the project area.  Based on comments from the National Marine Fisheries Service in response to this public notice, further EFH consultation may be necessary.

COMMENT PERIOD:  Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-R: Hal Wiggins), 1329 Alum Spring Road, Suite 202, Fredericksburg, Virginia  22401-7001, and should be received by the close of business on 15 June, 2013.

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, please contact Hal Wiggins at (540) 548-2517 or via email at


 Jeanne C. Richardson
 Acting Chief, Northern Virginia
 Regulatory Section