Published Nov. 3, 2014
Expiration date: 12/4/2014

The district commander has received a joint application for federal and state permits as described below:

Region 2000 Services Authority
ATTN: Mr. Clarke Gibson
427 Livestock Road
Rustburg, Virginia 24588

WATERWAY AND LOCATION OF THE PROPOSED WORK: The approximately 6.4 acre site is located within the boundaries of the existing Regional Landfill Livestock Road Facility (Regional Landfill) at the terminus of Livestock Road in Campbell County, Virginia. The project is located in the James River basin.

PROPOSED WORK AND PURPOSE: The applicant proposes to expand existing operations within the Regional Landfill property for the purpose of extending the life expectancy of the landfill by 12-13 years. The applicant currently operates two landfill facilities, Lynchburg Landfill and Regional Landfill, both in Campbell County, Virginia. These facilities provide solid waste storage for the city of Lynchburg, Campbell County, Appomattox County, and Nelson County. The Lynchburg Landfill is expected to move into construction closure by the end of 2014. Upon closure of the Lynchburg Landfill, the Regional Landfill will be the sole depository for solid waste for the regional members (listed above).

The proposed expansion of the Regional Landfill will occur between the existing Phases III and IV. The applicant is proposing to permanently impact 0.13 acre of palustrine forested wetland (PFO), 0.29 acre of palustrine scrub-shrub wetland (PSS), and 0.09 acre of palustrine emergent wetland (PEM).

The applicant will avoid and minimize impacts for the project by expanding within the boundaries of the existing Regional Landfill. The applicant conducted an alternatives analysis that resulted in the conclusion that there is no practicable alternative available or capable of being done, after taking into consideration cost, existing technology, and logistics. As compensation for unavoidable impacts to wetlands, the applicant proposes to purchase 0.78 wetland credits from an approved compensatory mitigation bank.

In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEQ) 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 U.S. Army 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 U.S. Army 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 public 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) after conducting the NAO ESA Project Review Process, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended) will be affected. Based on this no-effect determination, no further coordination with the U.S. Fish and Wildlife Service is required; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal. Additional information might change any of these findings.

COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, U.S. Army Corps of Engineers (ATTN:  CENAO-WR-R), Lynchburg Field Office, PO Box 3160, Lynchburg, Virginia 24503, and should be received by the close of business on Dec. 4, 2014.

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 Jeanne C. Richardson via email at, or via phone at 434-384-0182.