SUFFOLK WETLANDS BOARD AGENDA FOR NOVEMBER 19, 2020

SUFFOLK WETLANDS BOARD AGENDA FOR

NOVEMBER 19, 2020

PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING

A MEETING WILL BE HELD AT 6:00 P.M. IN THE SUFFOLK CITY COUNCIL CHAMBERS IN

SUFFOLK CITY HALL

PLEASE CALL TO CONFIRM YOUR ATTENDANCE THE PLANNING DEPARTMENT

AT 514-4060 PRIOR TO

12:00 NOON ON WEDNESDAY, NOVEMBER 18, 2020

GEOFFREY HINSHELWOOD

CHAIRMAN

AGENDA SUFFOLK WETLANDS BOARD

November 19, 2020

6:00 P.M.

I. Call to Order

II. Roll Call

III. Approval of Minutes

• October 15, 2020

IV. Public Hearings - None

V. Restoration Hearings - None

VI. Permit Extensions

• VMRC19-1715, submitted by William Overton, applicant and property owner, to install 147 feet of rip rap revetment seaward of an existing bulkhead, install 8’ timber piles to stabilize the existing bulkhead, and install sheet piles along the face of an existing bulkhead. This property is located at 8216 Harborwood Place along the Nansemond River; further identified as Tax Map Parcel 4C*2*17, zoned RL, Residential Low Density Zoning District.

VII. Old Business

• Discussion of observed violation at 6766 Burbage Landing Circle. Pursuant to Section 28.2-1317 of the Code of Virginia, a substantial violation of Chapter 13, Article 4 of the Code of Virginia has occurred at 6766 Burbage Landing Circle. Specifically, attempted shoreline hardening, to include the placement of concrete and debris, that has been constructed within the tidal wetland along the shoreline of the property.

VIII. New Business - None

IX. Compliance and Inspections – None

X. Adjournment

1

MINUTES

SUFFOLK WETLANDS BOARD

October 15, 2020

6:00 P.M. The meeting of the Suffolk Wetlands Board was held on Thursday, October 15, 2020,

at 6:00 p.m., in the City Council Chambers of the City Hall Building, 442 West

Washington Street, Suffolk, Virginia.

MEMBERS: Geoffrey Hinshelwood, Chariman Darius Davenport, Vice-Chairman Brad L. O’Berry

STAFF: Karla Carter, Assistant City Attorney III Kevin M. Wyne, Current Planning Manager Grace Braziel, Planner I

James Winters ROLL CALL:

The meeting was called to order by Chairman Hinshelwood. The roll was then called

by Mr. Wyne and Chairman Hinshelwood was informed that a quorum was present.

APPROVAL OF THE MINUTES:

The Chairman called for the approval of the minutes. The minutes of the August 20,

2020 meeting were approved as presented.

OLD BUSINESS:

• 6766 Burbage Landing Circle. Pursuant to Section 28.2-1317 of the Code of Virginia, a substantial violation of Chapter 13, Article 4 of the Code of Virginia has occurred at 6766 Burbage Landing Circle. Specifically, attempted shoreline hardening, to include the placement of concrete and debris, that has been constructed within the tidal wetland along the shoreline of the property.

2

Mr. Wyne presented a brief overview and history of the violation and stated that the

City did not receive a restoration plan by the Board’s specified deadline of October 5,

2020. Chairman Hinshelwood looked to the audience and asked if there was anyone

present to speak on behalf of the property owners. Mr. Duke Nguyen introduced

himself as the translator for the property owners. The Chairman and members of the

Board discussed the issue at hand with Mr. Nguyen. Mr. Nguyen stated that he has

been working to secure an environmental contractor/engineer for the property owners

who could supply them with a restoration plan. He stated that he had yet to hear back.

After thorough discussion between the Board, City Staff, Mr. Justin Worrell, VMRC,

and Mr. Nguyen, Vice-Chairman Davenport motioned that the property owners submit

a restoration within 14 days from the date of notice of the Board’s action and if such

plan is not received, the Board authorizes the City to begin legal action as it pertains to

said violation. Board Member Winters seconded the motion. Chairman Hinshelwood

called for a vote and the motion passed by a vote of 4-0.

PERMIT EXTENSIONS:

• VMRC05-2245, submitted by Shanna Cahill of Corblu Ecology Group, LLC, applicant, on behalf of Colonial Pipeline Company, owner, for a five-year extension to a previously approved permit for the maintenance of an existing 16-inch diameter underground petroleum pipeline with associated tidal wetland impacts to the Nansemond River, Chuckatuck Creek, Bennett’s Creek, and their

3

tributaries.

The Chairman asked if there was anyone in the audience who wished to speak

on behalf of the request. Ms. Shanna Cahill, Corblu Ecology Group, LLC

presented the request. There were no other speakers. After brief discussion,

Board Member Vroman made a motion to approve the extension request with

the previously approved conditions. Vice-Chairman Davenport seconded the

motion. The request was called to a vote and the extension was granted by a

vote of 7-0.

NEW BUSINESS:

• While there was no formal new business on the agenda, Mr. Wyne utilized time

at the end of the meeting to formally introduce the City’s new VMRC

representative, Mr. Justin Worrell. Additionally, Mr. Wyne shared with the

Board that Board Member O’Berry had shared with City Staff that he would not

seek reappointment to the Board at the end of his term (December 2020).

ADJOURNMENT:

There being no further business, the meeting was adjourned.

SUFFOLK WETLANDS BOARD

October 15, 2020

MT: Davenport 2ND: Winters TO: Require a restoration plan within 14 days or authorize the City to pursue legal action.

BOARD MEMBERS

ATTENDANCE 6766 Burbage Landing Circle Restoration

Plan (Extension) VOTE: 4-0

PRESENT

ABSENT

YES

NO

Hinshelwood, Geoffrey, Chairman X X

Davenport, Darius, Vice-Chairman X X

Barnum, Steven X -

Hazelwood, Sidney X -

O’Berry, Brad X X

Vroman, Richard X -

Walker, Barbara X -

Winters, James X X

CITY OF SUFFOLK

442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858

PHONE: (757) 514-4060 FAX: (757) 514-4099

Memorandum To: Suffolk Wetlands Board From: Kevin M. Wyne, AICP, Current Planning Manager RE: Permit Extension Request – VMRC#19-1715, submitted by William Overton,

applicant and property owner, for the repair of 239-feet of existing rip rap, the addition of 150-feet of new rip rap, 400 square feet of shoreline repair, and the repair of a 30-foot by 48-foot pier along the Nansemond River.

Date: November 19, 2020 The applicant and property owner, William Overton, is requesting a permit extension request for VMRC19-1715. This project involves the repair of 239-feet of existing rip rap, the addition of 150-feet of new rip rap, 400 square feet of shoreline repair, and the repair of a 30-foot by 48-foot pier along the Nansemond River. This application was originally considered and approved by the Wetlands Board at their November 2019 meeting. The applicant had one year from the date of that meeting to complete the requested work. The applicant is requesting an extension of an unspecified time. However, based upon the circumstances and conditions of the original approval, an additional year would be appropriate. As stated in email correspondence provided by an agent for the property owner, the ongoing COVID-19 pandemic has led to construction delays necessitating the extension request. Attached, please find the original Joint Permit Application, Staff Report dated November 20, 2019, and original approved permit. Attachments

DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT

Division of Planning

CITY OF SUFFOLK


PHONE: (757) 514-4060 FAX: (757) 514-4099

November 21, 2019

Suffolk Wetlands Board City of Suffolk, Virginia Dear Board Members: Attached for your consideration is information pertaining to Joint Permit Application VMRC#19-1715, submitted by David Harmeyer of Shoreline Design Consultants LLC., agent, on behalf of William Overton, property owner. This request is to install 147 feet of riprap revetment seaward of an existing bulkhead, 8’ timber piles to stabilize the existing bulkhead, and sheet piles along the face of an existing bulkhead along the Nansemond River. This property is located at 8216 Harborwood Place; further identified as Tax Map Parcel 4C*2*17, zoned RL, Residential Low Zoning District. Information and maps pertaining to this request are attached for your consideration. Please contact me if you have any questions in advance of the November 21st meeting.

Respectfully submitted,

Kevin M. Wyne, AICP Current Planning Manager

/hps Attachments



STAFF REPORT

DESCRIPTION

PROPOSED PROJECT: VMRC#19-1715 is for the installation of 147 feet of riprap revetment seaward of an existing bulkhead, 8’ timber piles to stabilize the existing bulkhead, and sheet piles along the face of an existing bulkhead along the Nansemond River. (Exhibit A) APPLICANT: Submitted by David Harmeyer, Shoreline Design Consultants LLC on behalf of the property owner, William Overton. LOCATION: The property is located at 8216 Harborwood Place; further identified as Zoning Parcel 4C*2*17. (Exhibit B) PERMIT HISTORY: There is no permit history for the existing waterfront improvements. VIMS REPORT: None. PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 28.2-1302 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance.

STAFF ANALYSIS

ISSUE The applicant is requesting to the install 147 feet of riprap revetment seaward of an existing bulkhead, 8’ timber piles to stabilize the existing bulkhead, and sheet piles along the face of an existing bulkhead along the shoreline, which is located at 8216 Harborwood Place within the Culbreth subdivision. The property contains approximately 517 feet of shoreline along the Nansemond River. Currently, there is an 185-foot bulkhead along the shoreline on the eastern portion of the property. The applicant is proposing to install riprap revetment along the full extent of the existing bulkhead. The riprap will not extend more than 5-feet seaward of the existing bulkhead. Additionally, the applicant is requesting to install approximately 21-23 8’’marine grade timber piles between the existing timber piles. Finally, the applicant desires to install sheet piles along the face of the existing bulkhead. The combination of these three components will stabilize the existing bulkhead and prevent further erosion. All three of the applicant’s requests are within the Wetlands Board’s jurisdiction. CONSIDERATIONS AND CONCLUSIONS

1. The Center for Coastal Resources Planning through the Virginia Institute of Marine Science (VIMS) notes that this shoreline is subject to moderate wave energy and a sill may be required to establish a living shoreline. The preferred Shoreline Best Management Practice is to remove any existing shoreline structure and grade the bank, if possible, while stabilizing the bank with riparian vegetation and the planting of a marsh with a sill. However, this resource also notes that if the bank cannot be graded, then the existing

Wetlands Board November 14, 2019 VMRC#19-1715 Page 2 of 3

bulkhead should be repaired using the smallest footprint necessary. This recommendation aligns with the applicant’s request.

2. This project does not require authorization from the Virginia Marine Resources Commission (VMRC) being that the proposed work does not extend channelward of the mean low water mark and does not involve state-owned submerged lands. (Exhibit C)

3. The U.S. Army Corps of Engineers, Norfolk District authorized a permit for this project on October 18, 2019. This permit expires on September 5, 2023 (Exhibit D)

4. Projected Impacts:

a. Riprap Revetment Installation– The applicant is proposing to install 147’ of riprap

revetment seaward of the existing bulkhead along the shoreline of the Nansemond River. With this proposal, there will be approximately 733 square feet of non-vegetated wetland impacts and no impact to vegetated wetlands. According to the application, the proposed riprap placement will be limited to the height of the tidal zone in an effort to protect the bulkhead and limit the non-vegetated impacts. Additionally, the applicant states that the riprap revetment will mitigate the impacts to the non-vegetated wetlands, therefore leaving a net loss of zero wetlands. The Wetland Laws of Virginia require that any vegetated wetland impacts be mitigated either on-site or off-site through a local wetland mitigation bank. Since the applicant is presenting no impacts to vegetated wetlands, neither on or off-site mitigation is required for vegetated wetlands.

b. Installation of marine timber piles and sheet piles – There are no anticipated

negative impacts to vegetated nor non-vegetated as a result of installing the timber piles. The timber piles and sheet piles are being installed in and on an existing bulkhead, so no additional impacts are expected.

5. The applicant has provided a plan created by a licensed design professional indicating both

the existing conditions on the property and shoreline and also the proposed changes. The plan includes a cross section showing the proposed bulkhead repair and riprap revetment in greater detail.

6. According to the sequence of events included in the plan, this project should take 10 days.

7. The plan that was submitted by the applicant shows that the project site, which lies at the rear of the property, will be accessed by a temporary extension of the existing driveway. All work is proposed to be completed from the bank with the use of heavy equipment to place the riprap. Any land disturbance landward of the Wetlands Board jurisdiction will be required to be mitigated with the submission of a buffer restoration plan. This plan will be reviewed and approved by City staff.

Wetlands Board November 14, 2019 VMRC#19-1715 Page 3 of 3

RECOMMENDATION

It is staff’s opinion that the portion of the shoreline which has direct access to the Nansemond River is appropriate for the applicant’s proposal of the installation of riprap seaward of the existing bulkhead in order to stabilize the bulkhead and prevent erosion. Additionally, staff recommends approval of the request to install additional timber piles and sheet piles on the existing bulkhead in order to more adequately stabilize the bulkhead. Neither of these proposed projects will impact vegetated wetlands and the impacts to non-vegetated wetlands will be offset by the addition of 147’ of riprap along the existing bulkhead. Given this information, staff recommends approval of this proposal.

1. Prior to the issuance of a building permit and prior to the installation of stone along theeastern portion of the property, the applicant shall install all necessary Erosion andSediment Control measures within the limits of disturbance to prevent any sediment fromentering the Nansemond River during construction.

2. Any land disturbance outside of the Wetlands Board’s jurisdiction as a result ofconstruction access will be required to be mitigated by the applicant. Mitigation will berequired with the submittal of a buffer restoration plan which will be reviewed andapproved by staff. This plan will require approval prior to the issuance of any buildingpermits for the installation of the concrete and stone.

Attachments General Location Map Zoning/Land Use Map Exhibit A – VMRC Application Exhibit B – Property Map Exhibit C – VMRC Report Exhibit D – U.S. Army Corps of Engineers Report

JOINT PERMIT APPLICATION

VMRC#19-1715

CONDITIONS

1. Prior to the issuance of a building permit for the repairs to the bulkhead, the applicant shall

install any necessary erosion and sediment control measures, such as silt fence, within the limits of disturbance to prevent any sediment from entering the Nansemond River during construction.

2. Any land disturbance outside of the Wetlands Board’s jurisdiction as a result of construction access will be required to be mitigated by the applicant. Mitigation will be required with the submittal of a buffer restoration plan which will be reviewed and approved by staff. This plan will be required to be approved prior to the issuance of any building permits for the installation of the concrete and stone.

!(

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Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, andthe GIS user community

GENERAL LOCATION MAPVMRC19-1715

sDate: 10/28/2019User Name: bsmith

LegendMIXED USE CORECORE SUPPORTINNER-RING SUBURBANSUBURBANRURAL CONSERVATIONRURAL AGRICULTURALVILLAGE

Subject Property

CRITTENDEN RD

OYSTER BAY LN

CANTERBURY CREST LNHARLAN DR

4C*2*17

s

ZONING / LAND USE MAPVMRC19-1715

Date: 10/28/2019User Name: bsmith

Shoreline Design Consultants LLC. 5232 Brockie Street

Virginia Beach, VA 23464 (757) 301-1729

September 26, 2019

VMRC Habitat Management Division 2600 Washington Avenue, 3rd Floor Newport News, VA 23607-0756

RE: Joint Permit Application for waterfront improvements (Bulkhead Repair, Rip Rap) at 8216 Harborwood Place, Suffolk, VA

To whom it may concern:

Enclosed please find a completed Joint Permit Application for the referenced project.

Please do not hesitate to contact me if you have any questions.

Respectfully,

David Harmeyer [email protected]

Encls JPA-Overton

Received by VMRCSeptember 26, 2019 /lra

EXHIBIT A

Application Revised: May 2017 5

VMRC: An application fee of $300 may be required for projects impacting tidal wetlands, beaches and/or dunes when VMRC acts as the LWB. VMRC will notify the applicant in writing if the fee is required. Permit fees involving subaqueous lands are $25.00 for projects costing $10,000 or less and $100 for projects costing more than $10,000. Royalties may also be required for some projects. The proper permit fee and any required royalty is paid at the time of permit issuance by VMRC. VMRC staff will send the permittee a letter notifying him/her of the proper permit fees and submittal requirements. LWB: Permit fees vary by locality. Contact the LWB for your project area or their website for fee information and submittal requirements. Contact information for LWBs may be found at http://ccrm.vims.edu/permits_web/guidance/local_wetlands_boards.html.

FOR AGENCY USE ONLY Notes:

JPA #

APPLICANTS Part 1 – General Information

PLEASE PRINT OR TYPE ALL ANSWERS: If a question does not apply to your project, please print N/A (not applicable) in the space provided. If additional space is needed, attach 8-1/2 x 11 inch sheets of paper.

County or City in which the project is located:_________________________________________ Waterway at project site:___________________________________________________________

PREVIOUS ACTIONS RELATED TO THE PROPOSED WORK (Include all federal, state, and local pre-application coordination, site visits, previous permits, or applications whether issued, withdrawn, or denied)

Historical information for past permit submittals can be found online with VMRC - https://webapps.mrc.virginia.gov/public/habitat/ - or VIMS - http://ccrm.vims.edu/perms/newpermits.html

Agency Action / Activity Permit/Project number, including any non-reporting Nationwide permits

previously used (e.g., NWP 13)

Date of Action

If denied, give reason for denial

1. Applicant’s legal name* and complete mailing address: Contact Information:Home (____)_____________ Work (____)_____________ Fax (____)_____________ Cell (____)_____________ e-mail __________________

State Corporation Commission Name and ID Number (if applicable) _____________

2. Property owner(s) legal name* and complete address, if different from applicant: Contact Information:Home (____)_____________ Work (____)_____________ Fax (____)_____________ Cell (____)_____________ e-mail __________________



19-1715


Part 1 - General Information (continued)

3. Authorized agent name* and complete mailing Contact Information: address (if applicable): Home (____)_____________

Work (____)_____________ Fax (____)_____________ Cell (____)_____________ e-mail __________________


* If multiple applicants, property owners, and/or agents, each must be listed and each must sign the applicantsignature page.

4. Provide a detailed description of the project in the space below, including the type of project, itsdimensions, materials, and method of construction. Be sure to include how the construction site willbe accessed and whether tree clearing and/or grading will be required, including the total acreage. Ifthe project requires pilings, please be sure to include the total number, type (e.g. wood, steel, etc),diameter, and method of installation (e.g. hammer, vibratory, jetted, etc). If additional space isneeded, provide a separate sheet of paper with the project description.

5. Have you obtained a contractor for the project? ___ Yes* ___ No. *If your answer is “Yes”complete the remainder of this question and submit the Applicant’s and Contractor’sAcknowledgment Form (enclosed)Contractor’s name* and complete mailing address: Contact Information:

Home (____)_____________ Work (____)_____________ Fax (____)_____________ Cell (____)_____________

email __________________ State Corporation Commission Name and ID Number (if applicable) _____________________

* If multiple contractors, each must be listed and each must sign the applicant signature page.

6. List the name, address and telephone number of the newspaper having general circulation in the areaof the project. Failure to complete this question may delay local and State processing.

Name and complete mailing address: Telephone number (____) __________________




7. Give the following project location information:Street Address (911 address if available)_________________________________________Lot/Block/Parcel#___________________________________________________________Subdivision________________________________________________________________City / County___________________________________ ZIP Code_____________________Latitude and Longitude at Center Point of Project Site (Decimal Degrees):________________________ / -________________________ (Example: 36.41600/-76.30733)

If the project is located in a rural area, please provide driving directions giving distances from thebest and nearest visible landmarks or major intersections. Note: if the project is in an undevelopedsubdivision or property, clearly stake and identify property lines and location of the proposedproject. A supplemental map showing how the property is to be subdivided should also be provided.

8. What are the primary and secondary purposes of and the need for the project? For example, theprimary purpose may be “to protect property from erosion due to boat wakes” and the secondarypurpose may be “to provide safer access to a pier.”

9. Proposed use (check one):___ Single user (private, non-commercial, residential) ___ Multi-user (community, commercial, industrial, government)

10. Describe alternatives considered and the measures that will be taken to avoid and minimize impacts,to the maximum extent practicable, to wetlands, surface waters, submerged lands, and buffer areasassociated with any disturbance (clearing, grading, excavating) during and after project construction.Please be advised that unavoidable losses of tidal wetlands and/or aquatic resources may requirecompensatory mitigation.




11. Is this application being submitted for after-the-fact authorization for work which has already begunor been completed? ___Yes ___No. If yes, be sure to clearly depict the portions of the project whichare already complete in the project drawings.

12. Approximate cost of the entire project (materials, labor, etc.): $___________________________Approximate cost of that portion of the project that is channelward of mean low water:$____________

13. Completion date of the proposed work:________________________________-_____________

14. Adjacent Property Owner Information: List the name and complete mailing address, including zipcode, of each adjacent property owner to the project. (NOTE: If you own the adjacent lot, providethe requested information for the first adjacent parcel beyond your property line.) Failure to providethis information may result in a delay in the processing of your application by VMRC.


September 25, 2019



Part 3 – Appendices (continued)

Appendix B: Projects for Shoreline Stabilization in tidal wetlands, tidal waters anddunes/beaches including riprap revetments and associated backfill, marsh toe stabilization, bulkheads and associated backfill, breakwaters, beach nourishment, groins, jetties, and living shoreline projects. Answer all questions that apply. Please provide any reports provided from the Shoreline Erosion Advisory Service or VIMS.

NOTE: It is the policy of the Commonwealth that living shorelines are the preferred alternative for stabilizing tidal shorelines (Va. Code § 28.2-104.1). Information on non-structural, vegetative alternatives (i.e., Living Shoreline) for shoreline stabilization is available at http://ccrm.vims.edu/coastal_zone/living_shorelines/index.html.

1. Describe each revetment, bulkhead, marsh toe, breakwater, groin, jetty, other structure, orliving shoreline project separately in the space below. Include the overall length in linear feet, theamount of impacts in acres, and volume of associated backfill below mean high water and/orordinary high water in cubic yards, as applicable:

2. What is the maximum encroachment channelward of mean high water?_______feet.Channelward of mean low water?_______feet. Channelward of the back edge of the dune or beach?_____feet.

3. Please calculate the square footage of encroachment over:Vegetated wetlands __________square feet Non-vegetated wetlands __________square feet Subaqueous bottom __________square feet Dune and/or beach __________square feet

4. For bulkheads, is any part of the project maintenance or replacement of a previously authorized,currently serviceable, existing structure? ____ Yes____ No.

If yes, will the construction of the new bulkhead be no further than two (2) feet channelward of theexisting bulkhead? _____Yes ____No.

If no, please provide an explanation for the purpose and need for the additional encroachment.



Part 3 – Appendices (continued)

5. Describe the type of construction and all materials to be used, including source of backfill material,if applicable (e.g., vinyl sheet-pile bulkhead, timber stringers and butt piles, 100% sand backfill fromupland source; broken concrete core material with Class II quarry stone armor over filter cloth).NOTE: Drawings must include construction details, including dimensions, design and allmaterials, including fittings if used.

6. If using stone, broken concrete, etc. for your structure(s), what is the average weight of the:Core (inner layer) material__________ pounds per stone Class size ________ Armor (outer layer) material __________ pounds per stone Class size ________

7. For beach nourishment, including that associated with breakwaters, groins or other structures,provide the following:

Volume of material ___________ cubic yards channelward of mean low water ___________ cubic yards landward of mean low water ___________ cubic yards channelward of mean high water ___________ cubic yards landward of mean high water

Area to be covered ___________ square feet channelward of mean low water ___________ square feet landward of mean low water ___________ cubic yards channelward of mean high water ___________ cubic yards landward of mean high water

Source of material, composition (e.g. 90% sand, 10% clay):___________________________ Method of transportation and placement:

________________________________________________________Describe any proposed vegetative stabilization measures to be used, including planting schedule, spacing, monitoring, etc. Additional guidance is available at http://www.vims.edu/about/search/index.php?q=planting+guidelines:


9/25/19


WOODLAND RD

CEDARCREST LN

OYSTERBAY LN

MACEDONIAAVE

CRITTENDEN RD

CANTERBURY CREST LNHARLAN DR

4C*2*17

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PROPERTY MAPVMRC19-1715

Date: 10/28/2019User Name: bsmith

EXHIBIT B

EXHIBIT C

Virginia Marine Resources CommissionPermit Application 20191715

Printed: Wednesday November 6, 2019 11:01 AM

Applicant: William Overton

8216 Harborwood Place

Suffolk, VA 23436

Application Number: 20191715 Engineer: Rachael Peabody

Application Date: September 26, 2019 Locality: Suffolk

Permit Type: No VMRC Permit Nec. Waterway: Nansemond River

Permit Status: No Permit Nec Expiration Date:

Wetlands Board Action: Public Hearing Date:

Project Description: Bulkhead Repair/Riprap

Received by VMRCOctober 18, 2019 /lra

EXHIBIT D

18-RP-19 1

U.S. Army Corps Of Engineers Norfolk District Fort Norfolk, 803 Front Street

Norfolk, VA 23510-1011 CENAO-WRR 18-RP-19

REGIONAL PERMIT

Effective Date: September 5, 2018 Expiration Date: September 5, 2023

I. AUTHORIZED ACTIVITIES:

18-RP-19, Regional Permit 19 (RP), authorizes living shorelines, riprap revetments, bulkheads, breakwaters, groins, jetties, spurs, baffles, aquaculture activities and boat ramps. A living shoreline is defined as a shoreline management practice that provides erosion control and water quality benefits; protects, restores, or enhances natural shoreline habitat; and maintains coastal processes through the strategic placement of plants, stone, sand fill, and other structural and organic materials. The Norfolk District encourages the use of living shorelines as the preferred alternative for stabilizing tidal shorelines where viable. 18-RP-19 authorizes the following activities, subject to the conditions, limitations, and descriptions set out further herein: 1. Living Shoreline Group 1: Non-structural activities that provide substrate

necessary to support wetland vegetation and/or beach nourishment.2. Living Shoreline Group 2: Sill structures with tidal marsh and/or associated

sandy fill material.3. Low breakwaters and associated sandy fill material.4. Bulkheads, riprap, and associated backfill and/or excavation, including

bulkhead repair and/or replacement.5. Groins, jetties, spurs and/or baffles and associated sandy fill material.6. Aquaculture or mariculture activities.7. Boat ramps and accessory structures, including any fill or excavation for

installation.II. AUTHORITIES:

For projects located within the Commonwealth of Virginia, project proponents are hereby authorized by the Secretary of the Army and the Chief of Engineers pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403) and Section 404 of the Clean Water Act (33 U.S.C. § 1344) to perform the aforementioned work in all waters of the U.S. pursuant to the terms and conditions herein.


18-RP-19 2

Activities receiving written authorization under this RP do not require further authorization under the provisions contained in 33 CFR Part 325 unless the District Engineer determines, on a case-by-case basis, that additional review is in the public interest. All work undertaken outside the following conditions, terms, and limitations will require separate Department of the Army authorization.

III. STATE AND LOCAL APPROVALS:

1. Prospective permittees may be required to obtain additional State and/or Local

approvals prior to commencement of work in waters of the U.S. from the Virginia Department of Environmental Quality (DEQ), the Virginia Marine Resources Commission (VMRC) and/or the Local Wetlands Board (LWB). You may contact the DEQ at (804) 698-4000, the VMRC at (757) 247-2200, and/or your local government office for further information concerning their permit requirements.

2. The State Water Control Board provided conditional §401 Water Quality

Certification for the 18-RP-19. As such, the activities that qualify for this RP meet the requirements of Department of Environmental Quality’s (DEQ) Virginia Water Protection Permit Regulation, provided that the permittee abides by the §401 Water Quality Certification condition, below, and all of the terms and conditions of 18-RP-19. §401 Water Quality Certification Conditions: In non-tidal surface waters of Virginia, for activities listed in #3 (low breakwaters and associated sandy fill material), #4 (bulkheads, riprap, and associated backfill and/or excavation, including bulkhead repair and/or replacement) and #5 (groins, jetties, spurs and/or baffles and associated sandy fill material) the following conditions apply:

a) Stabilization activities shall not be placed for the purpose of a stream diversion.

b) Stabilization activities shall not permanently impact more than 1,500 linear feet of any type of non-tidal stream bed.

c) For maintenance of bulkhead structures, the discharge shall not increase the capacity of an impoundment or reduce the quantity of instream flows downstream.

d) Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44. 15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

For activities listed in #6 (aquaculture or mariculture activities) the following conditions apply:


18-RP-19 3

a) The activity shall comply with the conditions of any Virginia PollutantDischarge Elimination System (VPDES) permit issued for the facility.

b) The associated activities shall not include a surface water withdrawal ordiversion unless otherwise excluded from surface water withdrawalpermitting per 9VAC-25-210-310.

c) Any compensatory mitigation shall meet the requirements in the Codeof Virginia, Section 62. 1-44. 15:23 A through C, except in the absenceof same river watershed alternatives in Hydrologic Unit Codes (HUC)02040303 and 02040304, single family dwellings or locality projectsmay use compensatory mitigation in HUC 02080102, 02080108,02080110, or 02080111 in Virginia.

In non-tidal surface waters of Virginia, for activities listed in #7 (boat ramps and accessory structures, included any fill or excavation for installation) the following conditions apply:

Construction of boat ramps in non-tidal waters that do not meet the following criteria require application to DEQ for consideration of a VWP permit: (a) The discharge into surface waters is 50 cubic yards or less of

concrete, rock, crushed stone or gravel into forms, or in the form of pre-cast concrete planks or slaps, unless waived in writing by the Corps district engineer because the discharge will result in no more than minimal adverse environmental effects;

(b) The boat ramp is 20 feet or less in width, unless waived in writing by the Corps district engineer because the discharge will result in no more than minimal adverse environmental effects;

(c) The base material is crushed stone, gravel or other suitable material; (d) The excavation is limited to the area necessary for site preparation

and all excavated material is removed to an area that has no surface waters;

(e) No material is placed in special aquatic sites, including wetlands. In tidal waters of Virginia, for activities listed in #3, #4, #5, and #7, the project proponent must obtain any applicable, required permits issued by the Virginia Marine Resources Commission.

3. Those activities on the Potomac River extending channelward of the mean lowwater line may require authorization by the Virginia Marine ResourcesCommission (VMRC) and/or the Maryland Department of Natural Resources.

4. Authorization may also be needed from the Tennessee Valley Authority forprojects constructed on the Clinch and Holston Rivers.

5. Pursuant to the Coastal Zone Management Act (CZMA) of 1972, the VirginiaDepartment of the Environmental Quality, Virginia Coastal Zone ManagementProgram completed its review of the Federal Consistency Determination andissued its conditional concurrence on August 16, 2018. Specifically, DEQ


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concurs that the RPs and General Conditions are consistent to the maximum extent practicable with the Virginia CZM Program provided that the following conditions are satisfied:

a) Prior to construction, applicants shall obtain all required permits and approvals for the activities to be performed that are applicable to the enforceable policies and that applicants adhere to all conditions contained therein.

b) The activities that qualify for the RPs meet the requirements of DEQ’s Virginia Water Protection Permit Regulation and the permittee abides by the conditions of the RP as certified under Section 401 of the Clean Water Act.

6. Permittees should ensure that their projects are designed and constructed in a

manner consistent with all State and Local requirements pursuant to the Chesapeake Bay Preservation Act (CBPA) and the Chesapeake Bay Preservation Area Designation and Management Regulations.

7. Authorizations under this RP do not supersede State or Local government

authority or responsibilities pursuant to the Chesapeake Bay Preservation Act, the Virginia Tidal Wetlands Act, or to any State or Local laws or regulations.

IV. PROCEDURES:

1. Prospective permittees must submit a pre-construction notification (PCN) in

accordance with the procedures outlined below and must receive written authorization from the Corps before any work may begin. This RP shall not be interpreted as authorizing any work other than which is outlined above and which strictly meet all terms and conditions set out herein. All work undertaken that does not strictly comply with the following terms, conditions, standards and limitations will require separate Department of the Army authorization.

2. Within Virginia, the U.S. Army Corps of Engineers, Norfolk District encourages perspective permittees to utilize the Joint Permit Application (JPA) as the pre-construction notification. The JPA is also used to apply for corresponding permits from the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality, and/or Local Wetlands Boards. The JPA process and JPA forms are used by the Corps, the VMRC, the DEQ, and the LWB for permitting purposes involving tidal and/or non-tidal water, tidal and/or non-tidal wetlands, and/or dune/beach resources, including, but not limited to, construction, dredging, filling, or excavation. Read the directions on the application carefully to determine how many copies must be submitted to the VMRC, who acts as the clearinghouse for permit applications. Prospective permittees may obtain paper copies of the Joint Permit Applications by calling the Corps at 757-201-7652, or by downloading and using one of the two versions of the JPA on the Norfolk District Regulatory Webpage: http://www.nao.usace.army.mil/Missions/Regulatory/JPA.aspx


http://www.nao.usace.army.mil/Missions/Regulatory/JPA.aspx

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V. PERMIT SPECIFIC CONDITIONS:

ACTIVITIES DO NOT QUALIFY FOR THIS RP UNLESS THEY SATISFY ALL OF THE PERMIT SPECIFIC AND GENERAL CONDITIONS LISTED BELOW:

1. Living Shoreline Group 1: Non-structural activities that provide substrate

necessary to support wetland vegetation and/or beach nourishment:

a. For the purpose of this RP, the Living Shoreline Group 1 activities are associated with existing tidal marsh improvements and/or new marsh creation, or beach nourishment projects that may include the placement of sand fill, coir logs, coir mats, woven containment bags, and/or native oyster shell.

b. This activity authorizes the placement of sandy fill material. The maximum fill area for sandy fill material within waters of the U.S. that can be authorized under this RP is one (1) acre.

c. The grain size of the source material used for fill must be quality beach sand

that is the same size or larger than that of the native beach material and suitable for the proposed project. Excess silt/clay fraction and grain sizes slightly smaller than the former native sands will perform poorly. In most cases, sand material with no more than 10% passing a #100 sieve will be appropriate. All material will be obtained from either an upland source, a borrow pit, or dredge material approved by the Corps.

d. Coir logs, coir mats, woven containment bags and native oyster shell should

be of sufficient weight, adequately anchored, or placed in a manner to prevent their being dislodged and carried away by wave action.

e. The total amount of vegetated wetlands which may be filled, graded, or

excavated, in square feet, may not exceed the length of the activity along the shoreline in linear feet unless the District Engineer waives this criterion by making a written determination concluding that the project will result in minimal adverse effects. All impacts to sub-tidal, inter-tidal, and/or existing wetland vegetation may require a wetland vegetation planting plan and must result in no net loss of areal vegetated wetlands.

f. If the proposed project results in impacts to existing wetland vegetation, then

a written monitoring report may be required at the end of the first full growing season following planting, and after the second year of establishment. The monitoring should be undertaken between June and September of each year and should include at a minimum: the project location, the Corps project number, representative photos of the site, and a brief statement on the success of the project.


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g. As the design of a living shoreline project is site specific, it is suggested thatyou refer to the Virginia Institute of Marine Sciences Living Shoreline DesignGuidelines for Shore Protection in Virginia’s Estuarine Environments andother reference documents which can be found at:http://ccrm.vims.edu/livingshorelines/agencies/index.html.

h. The District Engineer will require an Individual Department of the Army permitfor any project which he/she determines to have greater than minimalindividual or cumulative impacts.

i. Projects which include placement of sandy fill material may result in creationof suitable habitat for various federally listed threatened or endangeredspecies. If this occurs and the permittee seeks to either add to or replenishthe area previously filled, the Corps will consult with the U.S. Fish and WildlifeService pursuant to Section 7 of the Endangered Species Act to ensure workis not likely to adversely affect proposed or listed species or proposed ordesignated critical habitat. Specific requirements on the type of sand allowedfor beach and dune work may be required.

2. Living Shoreline Group 2: Sill structures with tidal marsh and/or associatedsandy fill material:

a. For the purpose of this RP, a sill is defined as a low structure constructednear shore and parallel to the shoreline for the purpose of building up anexisting beach by trapping and retaining sand in the littoral zone. Because asill acts like a natural bar, it is most effective when constructed at or near themean low water line and low enough to allow wave overtopping.

b. Sills may be constructed of riprap, gabion baskets, or clean broken concretefree of metal and re-bar. Alternative materials may be considered for useduring the permit review process. The materials should be of sufficientweight or adequately anchored to prevent their being dislodged and carriedabout by wave action. Asphalt and materials containing asphalt or other toxicsubstances shall not be used in the construction of sills.

c. Sills will be designed with at least one 5 foot window/gap per property and per100 linear feet of sill unless waived by the District Engineer.

d. This activity authorizes the placement of sandy fill material landward of thesills provided the fill is for erosion control and/or wetland enhancement (andnot solely for recreational activities). The maximum fill area for sandy fillmaterial within waters of the U.S. that can be authorized under this RP is one(1) acre.

e. The grain size of the source material used for fill must be quality beach sandthat is the same size or larger than that of the native beach material andsuitable for the proposed project. Excess silt/clay fraction and grain sizesslightly smaller than the former native sands will perform poorly. In most


http://ccrm.vims.edu/livingshorelines/agencies/index.html


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cases, sand material with no more than 10% passing a #100 sieve will be appropriate. All material will be obtained from either an upland source, a borrow pit, or dredge material approved by the Corps.

f. The sill height should be a maximum of +1 foot above mean high water and should be placed a distance no greater than 30 feet from mean low water to the landward side of the sill unless waived by the District Engineer.

g. The total amount of vegetated wetlands which may be filled, graded, or excavated, in square feet, may not exceed the length of the activity along the shoreline in linear feet unless the District Engineer waives this criterion by making a written determination concluding that the project will result in minimal adverse effects. All impacts to sub-tidal, inter-tidal and/or wetland vegetation may require a wetland vegetation planting plan and must result in no net loss of areal vegetated wetlands.

h. If the proposed project results in impacts to existing wetland vegetation, then a written monitoring report may be required at the end of the first full growing season following planting, and after the second year of establishment. The monitoring should be undertaken between June and September of each year and should include at a minimum: The project location, the Corps project number, representative photos of the site, and a brief statement on the success of the project

i. As the design of a living shoreline project is site specific, it is suggested that you refer to the Virginia Institute of Marine Sciences Living Shoreline Design Guidelines for Shore Protection in Virginia’s Estuarine Environments and other reference documents which can be found at: http://ccrm.vims.edu/livingshorelines/agencies/index.html

j. The District Engineer will require an Individual Department of the Army permit for any project which he/she determines to have greater than minimal individual or cumulative impacts.

k. Projects which include placement of sandy fill material may result in creation of suitable habitat for various federally listed threatened or endangered species. If this occurs and the permittee seeks to either add to or replenish the area previously filled, the Corps, will consult with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act to ensure work is not likely to adversely affect proposed or listed species or proposed or designated critical habitat. Specific requirements on the type of sand allowed for beach and dune work may be required.

3. Low breakwaters and associated sandy fill material:

a. For the purpose of this RP, a breakwater is defined as a structure constructed parallel to and channelward of a shoreline for the purpose of reducing incoming wave energy.




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b. This RP authorizes low breakwaters constructed close to shore for the

purpose of erosion protection by reducing wave height and thereby reducing the erosive power of the waves reaching the shoreline. This permit does not include high breakwaters constructed farther offshore for the purpose of creating quiet water for the protection of a boat harbor.

c. Under this RP, a breakwater may be a single structure or a series of structures separated by gaps, but may not be connected to the upland or constructed in conjunction with other land attached structures, unless waived by the District Engineer. Such structures will require individual Department of the Army review.

d. Breakwaters may be constructed of quarry stone, gabion baskets, or clean broken concrete free of metal and re-bar. Alternative materials may be considered for use during the permit review process. However, as breakwaters are barriers to the forces of waves, they should be massive enough to resist the full power of the maximum expected wave energy. Asphalt and materials containing asphalt or other toxic substances shall not be used in the construction of breakwaters. As the design and location of breakwaters is site specific, it is suggested that the Virginia Institute of Marine Science be consulted for advice.

e. Authorization under this permit includes floating breakwaters (i.e. wave screens) which diffuse energy from the incoming waves as they pass through the device, thereby reducing wave energy reaching a shoreline or harbor. Floating breakwaters should be adequately anchored to prevent their being dislodged by wave action.

f. This activity authorizes the placement of sandy fill material landward of the breakwaters provided the fill is for erosion control (and not solely for recreational activities). Planting of vegetation to stabilize the nourishment area may be required by the Corps, where appropriate. The maximum fill area for sandy fill material within waters of the U.S. that can be authorized under this RP is one (1) acre.

g. The grain size of the source material used for fill must be quality beach sand that is the same size or larger than that of the native beach material and suitable for the proposed project. Excess silt/clay fraction and grain sizes slightly smaller than the former native sands will perform poorly. In most cases, sand material with no more than 10% passing a #100 sieve will be appropriate. All material will be obtained from either an upland source, a borrow pit, or dredge material approved by the Corps.

h. The total amount of vegetated wetlands which may be filled, graded, or excavated, in square feet, may not exceed the length of the activity along the shoreline in linear feet unless the District Engineer waives this criterion by making a written determination concluding that the project will result in


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minimal adverse effects. All impacts must be offset by new plantings and result in no net loss of areal vegetated wetlands.

i. If the proposed project results in impacts to existing wetland vegetation, then a written monitoring report may be required at the end of the first full growing season following planting, and after the second year of establishment. The monitoring should be undertaken between June and September of each year and should include at a minimum: The project location, the Corps project number, representative photos of the site, and a brief statement on the success of the project.

j. The District Engineer will require an Individual Department of the Army permit for any project which he/she determines to have greater than minimal individual or cumulative impacts.

k. Projects which include placement of sandy fill material may result in creation of suitable habitat for various federally listed threatened or endangered species. If this occurs and the permittee seeks to either add to or replenish the area previously filled, the Corps, will consult with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act to ensure work is not likely to adversely affect proposed or listed species or proposed or designated critical habitat. Specific requirements on the type of sand allowed for beach and dune work may be required.

4. Bulkheads, riprap, and associated backfill and/or excavation, including bulkhead repair and/or replacement:

a. This RP authorizes the construction of bulkheads, riprap, and associated

backfill and/or excavation, if such work is necessary to address and remediate an existing erosion problem.

b. The total amount of vegetated wetlands which may be filled, in square feet, may not exceed the length of the activity along the shoreline in linear feet unless the District Engineer waives this criterion by making a written determination concluding that the project will result in minimal adverse effects.

c. The structure and backfill must be placed as closely to the shoreline or

existing structure as practicable. No material may be placed in excess of the minimum necessary for erosion protection.

d. Only clean, non-metallic, non-organic, non-floatable fill obtained from an approved source may be used as backfill material.

e. Any temporary fills must be removed in their entirety and the affected areas returned to their pre-existing elevation.


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f. This RP also covers the repair, rehabilitation, or replacement of any previously authorized, currently serviceable bulkhead, or of any currently serviceable bulkhead authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Currently serviceable is defined as, "useable as is or with some maintenance, but not so degraded as to essentially require reconstruction." Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This RP also authorizes the replacement of a non-serviceable bulkhead up to two feet channelward of the existing deteriorating bulkhead. This authorization includes no limitation on length, nor does it exclude bulkheads which may result in the filling of wetland vegetation as long as there is an apparent existing erosion problem. As above, the total amount of vegetated wetlands which may be filled, in square feet, must not exceed the length of the activity along the shoreline in linear feet unless the District Engineer waives this criterion by making a written determination concluding that the project will result in minimal adverse effects. This total does not include wetlands that have formed landward due to the failure of the existing bulkhead because that portion of the work is considered maintenance and complies with the Corps Nationwide Permit Number 3. The Corps Nationwide Permits and Conditions can be found on our website at http://www.nao.usace.army.mil/Missions/Regulatory/Nationwide-Permit-Conditions/. The filling of wetlands behind free-standing bulkheads that have never been backfilled is prohibited as part of this permit, and may require an Individual Department of the Army Permit.

5. Groins, jetties, spurs and/or baffles and associated sandy fill material:

a. For this regional permit, groins are defined as structures constructed

perpendicular (or nearly so) to a shoreline and extending seaward from the shoreline for the purpose of accreting sand. Groins may merely stop further erosion of a shoreline or they may actually build a sand beach by trapping sand moving in the near shore zone. A jetty is a structure constructed perpendicular to the shoreline with the primary purpose of stabilizing and/or protecting an inlet or harbor. Spurs and baffles are defined as short (less than 20 feet) structures constructed perpendicular to groins or jetties for the sole purpose of dampening diffracted wave energy. Groins and jetties may be constructed of quarry stone, gabion baskets, or clean broken concrete free of metal and re-bar. As the design and location of groins and jetties are site specific, it is suggested that the Virginia Institute of Marine Science be consulted for advice.

b. This activity may authorize the placement of sandy fill material landward of the groins provided the fill is for erosion control (and not solely for recreational activities). Planting of vegetation to stabilize the fill area may be


http://www.nao.usace.army.mil/Missions/Regulatory/Nationwide-Permit-Conditions/




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required by the Corps, where appropriate. The maximum fill area for sandy fill material within waters of the U.S. that can be authorized under this RP is one (1) acre.

c. The grain size of the source material used for fill must be quality beach sandthat is the same size or larger than that of the native beach material andsuitable for the proposed project. Excess silt/clay fraction and grain sizesslightly smaller than the former native sands will perform poorly. In mostcases, sand material with no more than 10% passing a #100 sieve will beappropriate. All material will be obtained from either an upland source, aborrow pit, or dredge material approved by the Corps.

d. The total amount of vegetated wetlands which may be filled, graded, orexcavated, in square feet, may not exceed the length of the activity along theshoreline in linear feet unless the District Engineer waives this criterion bymaking a written determination concluding that the project will result inminimal adverse effects.

e. If the proposed project results in impacts to existing wetland vegetation, thena written monitoring report may be required at the end of the first full growingseason following planting, and after the second year of establishment. Themonitoring should be undertaken between June and September of each yearand should include at a minimum: The project location, the Corps projectnumber, representative photos of the site, and a brief statement on thesuccess of the project.

f. The District Engineer will require an Individual Department of the Army permitfor any project which he/she determines to have greater than minimalindividual or cumulative impacts.

g. Projects which include placement of sandy fill material may result in creationof suitable habitat for various federally listed threatened or endangeredspecies. If this occurs and the permittee seeks to either add to or replenishthe area previously filled, the Corps, will consult with the Fish and WildlifeService pursuant to Section 7 of the Endangered Species Act to ensure workis not likely to adversely affect proposed or listed species or proposed ordesignated critical habitat. Specific requirements on the type of sand allowedfor beach and dune work may be required.

6. Aquaculture or mariculture activities:

a. This authorization is limited to the bottom and suspended culturing andharvesting of bivalve mollusks in the intertidal and subaqueous areas ofnavigable waters. Activities covered include: deployment and maintenance ofbuoys, rafts, trays, oyster castles and other equipment associated with theactivity, and work including temporary wet storage, and harvesting.


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b. No aquaculture activity shall occur within beds of submerged aquatic vegetation or saltmarsh, nor shall such vegetation be damaged or removed unless the District Engineer waives this criterion by making a written determination concluding that the project will result in minimal adverse effects. Should an area become colonized by submerged aquatic vegetation or saltmarsh after an authorized aquaculture activity is installed, the activity shall be allowed to remain. However, no expansion into newly colonized areas is authorized by this regional permit. Information on the location of submerged aquatic vegetation can be found at: http://web.vims.edu/bio/sav/maps .

c. An aquaculture activity will not meet the terms for this RP if it will have more than minimal adverse effects on avian resources such as, but not limited to: shore birds, wading birds, or members of the waterfowl group. This includes nesting, feeding or resting activities by migratory birds identified at 50 CFR 10.13.

d. An aquaculture activity will not qualify for this RP if it will have more than minimal adverse effects on existing or naturally occurring beds or population of shellfish, marine worms or other invertebrates that could be used by man, other mammals, birds, reptiles, or predatory fish. Feeding and harvesting plans should be included in the PCN to evaluate impacts.

e. No aquaculture activity or vehicular access to the activity shall occur in such a way as to negatively impact coastal or wetland vegetation.

f. As-built drawings must be submitted with the certificate of compliance for all aquaculture projects.

g. The District Engineer will require an Individual Department of the Army permit for any project which he/she determines to have greater than minimal individual or cumulative impacts.

7. Boat ramps and accessory structures, including any fill or excavation for

installation:

a. This activity covers all boat ramps (concrete or open-pile timber), whether private, public, commercial or government-owned. This RP also authorizes accessory structures including catwalks, pilings and small piers whose sole purpose is to make it easier to get boats into or out of the water. Permanent or semi-permanent mooring facilities are not covered.

b. This permit authorizes excavation and/or filling within the limits of the boat ramp only (e.g. for bedding). Dredging or filling for water access to the ramp is not covered under this regional permit and will require separate Department of the Army authorization. Authorization of the boat ramp does not imply that a future dredging proposal to provide access to the structure would be approved.


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c. All boat ramps and accessory structures shall be located so as to eliminate orminimize impacts to special aquatic sites, including submerged aquaticvegetation (SAV), shellfish beds, oyster reefs and vegetated wetlands.

d. The pouring of concrete for the construction of boat ramps must beaccomplished within a cofferdam unless the activity can be performedcompletely in the dry, such as during lake drawdown periods. Theintroduction of uncured concrete into surface waters is prohibited.

a. The District Engineer will require an Individual Department of the Army permitfor any project which he/she determines to have greater than minimalindividual or cumulative impacts.

VI. GENERAL CONDITIONS:

1. Navigation:a. No activity may cause more than a minimal adverse effect on navigation.b. Any safety lights and signals prescribed by the U.S. Coast Guard, through

regulations or otherwise, must be installed and maintained at the permittee’sexpense on authorized facilities in navigable waters of the U.S. The U.S.Coast Guard may be contacted at the following address: Commander (oan),Fifth Coast Guard District, Federal Building, 431 Crawford Street,Portsmouth, Virginia 23704 or by telephone: (757) 398-6230.

c. The permittee understands and agrees that if future operations by the UnitedStates require the removal, relocation, or other alteration of the structure orwork herein authorized, or if, in the opinion of the Secretary of the Army orhis/her authorized representative, said structure or work shall causeunreasonable obstruction to the free navigation of the navigable waters, thepermittee will be required, upon due notice from the Corps, to remove,relocate, or alter the structural work or obstructions caused thereby, withoutexpense to the United States. No claim shall be made against the UnitedStates on account of any such removal or alteration.

2. Aquatic Life Movements: No activity may substantially disrupt the necessary lifecycle movements of those species of aquatic life indigenous to the waterbody,including those species which normally migrate through the area, unless theactivity’s primary purpose is to impound water. All permanent and temporarycrossings of waterbodies shall be suitably culverted, bridged, or otherwisedesigned and constructed to maintain low flows to sustain the movement ofthose aquatic species. If a bottomless culvert cannot be used, then the crossingshould be designed and constructed to minimize adverse effects to aquatic lifemovements.


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3. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas: Activities in waters of the U.S. that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds: No activity may occur in areas of concentrated shellfish populations.

6. Submerged Aquatic Vegetation (SAV) Beds: Activities in SAV beds must be avoided and minimized to the maximum extent practicable. Avoidance and minimization measures, such as relocating a structure and/or the implementation of a time-of-year restriction for work in waters, may be required to reduce impacts to the SAV habitat. Information regarding SAV may be found at the Virginia Institute of Marine Science’s website at: http://web.vims.edu/bio/sav/.

7. Suitable Material: No activity may use unsuitable material (e.g. trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).

8. Water Supply Intakes: No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public waters supply intake structures or adjacent bank stabilization.

9. Adverse Effects from Impoundments: If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

10. Management of Water Flows: To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound waters or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

11. Fills Within 100-Year Floodplains: The activity must comply with applicable FEMA-approved state or local floodplain management requirements.

12. Equipment: Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.


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13. Soil Erosion and Sediment Controls: Appropriate soil erosion and sedimentcontrols must be used and maintained in effective operating condition duringconstruction, and all exposed soil and other fills, as well as any work below theordinary high water mark or high tide line, must be permanently stabilized at theearliest practicable date. Permittees are encouraged to perform work withinwaters of the U.S. during periods of low-flow or no-flow, or during low tides.

14. Invasive Species: Plant species listed by the most current version of VirginiaDepartment of Conservation and Recreation’s (DCR) Invasive Alien Plan Listshall not be used for re-vegetation for activities authorized by these regionalpermits. The list of invasive plants in Virginia may be found at:http://www.dcr.virginia.gov/natural-heritage/invsppdflist. The DCR recommendsthe use of regional native species for re-vegetation as identified in the DCRNative Plants for Conservation, Restoration and Landscaping brochures:http://www.dcr.virginia.gov/natural-heritage/nativeplants#brochure or by using theDCR native plant finder: http://www.dcr.virginia.gov/natural-heritage/native-plants-finder.

15. Removal of Temporary Fills and Impacts: The soils of any temporarily impactedareas located in wetlands that are cleared, grubbed, and/or filled, must berestored once these areas are no longer needed for their authorized purpose, nolater than completion of project construction, and not to exceed twelve (12)months after commencing the temporary impacts. To restore, temporary fillsmust be removed in their entirety and the affected areas returned to pre-construction elevations, the soil surface loosened by ripping or chisel plowing toa depth of 8-12”, and then seeded using native wetland species. See GeneralCondition 14: Invasive Species for more information on vegetationrecommendations.Fill or dredged material into waters of the U.S. that are not removed within the 12 month period will be considered a permanent impact, unless otherwise determined by the Corps. This additional impact to waters of the U.S. may result in the Corps initiating a permit non-compliance action which may include, but not limited to, a restoration order, after-the-fact permitting, and/or compensatory mitigation.

16. Proper Maintenance: Any authorized structure or fill shall be properlymaintained, including maintenance to ensure public safety and compliance withapplicable RP conditions, as well as any activity-specific conditions added by theDistrict Engineer to an RP authorization.

17. Single and Complete Project: The activity must be a single and completeproject. The same RP cannot be used more than once for the same single andcomplete project. For purposes of this RP, a single and complete project meansthe total project proposed or accomplished by one owner/developer orpartnership or other association of owners/developers. A single and completenon-linear project must have independent utility. A project is considered to have


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http://www.dcr.virginia.gov/natural-heritage/invsppdflist

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independent utility if it would be constructed absent the construction of other projects in the project area.

18. Wild and Scenic Rivers: Currently, there are no designated Wild and ScenicRivers in the Commonwealth of Virginia. No RP activity may occur in acomponent of the National Wild and Scenic River System, or in a river officiallydesignated by Congress as a “study river” for possible inclusion in the system,while the river is in an official study status, unless the appropriate Federalagency with direct management responsibility for such river has determined, inwriting, that the proposed activity will not adversely affect the Wild and ScenicRiver designation or study status. Information on Wild and Scenic Rivers may beobtained from the appropriate Federal land management agency in the area(e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,U.S. Fish and Wildlife Service).

19. Tribal Rights: No RP activity may cause more than minimal adverse effects ontribal rights (including treaty rights), protected tribal resources, or tribal lands.

20. Endangered Species:a. No activity is authorized under this RP which is likely to directly or indirectly

jeopardize the continued existence of a threatened or endangered species ora species proposed for such designation, as identified under the FederalEndangered Species Act (ESA), or which will directly or indirectly destroy oradversely modify the critical habitat of such species. No activity is authorizedunder this RP which “may affect” a listed species or critical habitat, unlessESA Section 7 consultation addressing the effects of the proposed activityhas been completed. Direct effects are the immediate effects on listedspecies and critical habitat caused by the RP activity. Indirect effects arethose effects on listed species and critical habitat that are caused by the RPactivity and are later in time, but still reasonably certain to occur.

b. Federal permittees should follow their own procedures for complying with therequirements of the ESA. The Federal permittee must provide the DistrictEngineer with the appropriate documentation to demonstrate compliance withthose requirements. The District Engineer will verify that the appropriatedocumentation has been submitted. If the appropriate documentation hasnot been submitted, additional ESA section 7 consultation may be necessaryfor the activity and respective federal agency would be responsible forfulfilling its obligation under section 7 of the ESA.

c. Non-federal permittees shall submit a pre-construction notification to theDistrict Engineer if any proposed or listed species or proposed or designatedcritical habitat may be affected or is in the vicinity of the project, or if theproject is located in designated critical habitat, and shall not begin work onthe activity until notified by the District Engineer that the requirements of theESA have been satisfied and that the activity is authorized. Information onthe location proposed/listed species and proposed/designated critical habitat


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can be obtained directly from the U.S. Fish and Wildlife (USFWS) online project review process at: https://www.fws.gov/northeast/virginiafield/endangered/projectreviews.html and from the National Marine Fisheries Service (NMFS) at: http://www.nmfs.noaa.gov/pr/species/. The District Engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species or designated critical habitat and will notify the non-Federal permittee of the Corps' determination. In cases where the non-Federal permittee identified listed species or designated critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the permittee shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or designated critical habitat, or until Section 7 consultation has been completed. If the District Engineer determines that the proposed activity may affect a listed species or designated critical habitat, the Corps will initiate consultation with the USFWS. The USFWS developed an online system to allow permittees and agencies to find information about sensitive resources that may occur within the vicinity of a proposed project. This system is named “Information, Planning and Conservation System,” (IPaC), and is located at: https://ecos.fws.gov/ipac/. Additional consultation may also be required with the NMFS for species or critical habitat under their jurisdiction, including sea turtles, marine mammals, Shortnose Sturgeon, and Atlantic Sturgeon. For additional information about their jurisdiction in Virginia, please visit: https://www.greateratlantic.fisheries.noaa.gov/protected/index.html.

d. As a result of formal or informal consultation with the USFWS or NMFS theDistrict Engineer may add species-specific regional endangered speciesconditions to the RP.

e. Authorization of an activity by this RP does not authorize the "take" of athreatened or endangered species as defined under the ESA. In the absenceof separate authorization (e.g., an ESA Section 10 Permit, a BiologicalOpinion with “incidental take” provisions, etc.) from the USFWS or NMFS, theESA prohibits any person subject to the jurisdiction of the United States totake a listed species, where “take” means to harass, harm, pursue, hunt,shoot, wound, kill, trap, capture, or collect, or to attempt to engage in anysuch conduct. The word “harm” in the definition of “take” means an act whichactually kills or injures wildlife. Such an act may include significant habitatmodification or degradation where it actually kills or injures wildlife bysignificantly impairing essential behavioral patterns, including breeding,feeding or sheltering.


https://www.fws.gov/northeast/virginiafield/endangered/projectreviews.html

https://www.fws.gov/northeast/virginiafield/endangered/projectreviews.html

http://www.nmfs.noaa.gov/pr/species/

http://www.nmfs.noaa.gov/pr/species/

https://ecos.fws.gov/ipac/

https://ecos.fws.gov/ipac/

https://www.greateratlantic.fisheries.noaa.gov/protected/index.html

https://www.greateratlantic.fisheries.noaa.gov/protected/index.html

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f. If the non-federal permittee has a valid ESA Section 10(a)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed RP activity, the non-federal permittee should provide a copy of that ESA Section 10(a)(1)(B) permit in the Joint Permit Application. The District Engineer will coordinate with the agency that issued the ESA Section 10(a)(1)(B) permit to determine whether a separate ESA Section 7 consultation is needed.

21. Migratory Birds and Bald and Golden Eagle Protection Act: The Bald Eagle (Haliaeetus leucocephalus) is no longer a federally listed threatened or endangered species; therefore, the Endangered Species Act provisions are not applicable to this species. The Bald and Golden Eagle Protection Act (BGEPA) does not require that a federal agency involved in permitting the proposed action conduct coordination. The permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with the Migratory Bird Treaty Act or the BGEPA. The permittee should either obtain a “take” permit or a letter of concurrence from USFWS indicating that a permit is not necessary prior to initiating construction activities. You should contact USFWS concerning this matter at U.S. Fish and Wildlife Service, Virginia Field Office, 6669 Short Lane, Gloucester, VA 23061. Information on active bald eagle nests and concentration areas can be obtained in Step 6 of the U.S. Fish and Wildlife Service’s online project review system available at: https://www.fws.gov/northeast/virginiafield/endangered/projectreviewprocess.html.

22. Essential Fish Habitat: The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-297; 11 October 1996), requires all Federal agencies to consult with the NOAA Fisheries Service Habitat Conservation Division (NOAA HCD) on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH). The EFH Designations within the Northeast Region (Maine to Virginia), dated March 1, 1999, has identified EFH for a number of species and their life stages within Virginia waters. If EFH consultation is required with NOAA HCD, the permittee shall not begin work until the Corps has provided notification that the EFH consultation has concluded.

23. Anadromous Fish: Authorizations associated with this RP shall not adversely affect documented spawning habitat or a migratory pathways for anadromous fish. Areas of anadromous fish use are indicated on the Virginia Department of Game and Inland Fisheries (VDGIF) information system at: http://vafwis.org/fwis/. If a project is located within an area documented as an anadromous fish use area (confirmed or potential), all in-stream work is prohibited from occurring between February 15 through June 30 of any given year or other time of year restriction (TOYR) specified by the VDGIF and/or the Virginia Marine Resources Commission (VMRC). Should the Norfolk District determine that the work is minimal and no TOYR is needed the District will initiate consultation with NOAA Fisheries Service for their concurrence.


https://www.fws.gov/northeast/virginiafield/endangered/projectreviewprocess.html

https://www.fws.gov/northeast/virginiafield/endangered/projectreviewprocess.html

http://vafwis.org/fwis/

http://vafwis.org/fwis/

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A TOYR is not required for dredging activities in the Elizabeth River upstream of the Mid-Town Tunnel on the main-stem and the West Norfolk Bridge (Route 164, Western Freeway) on the Western Branch of the Elizabeth River.

24. Designated Critical Resource Waters and National Estuarine Research

Reserves: This RP does not authorize the discharge of dredged or fill material into the Chesapeake Bay National Estuarine Research Reserve (Reserve) in Virginia. This Reserve is a multi-site system along a salinity gradient of the York River, which includes Sweet Hall Marsh, Taskinas Creek, Catlett Islands, and Goodwin Islands. Additional information may be found at: http://www.vims.edu/cbnerr/.

25. Trout Waters: Designated Trout Waters, as defined by the Virginia State Water Control Board and the Virginia Department of Game and Inland Fisheries (VDGIF), occurring specifically within the mountains of Virginia, are within the following river basins:

• Potomac-Shenandoah Rivers • James River • Roanoke River • New River • Tennessee and Big Sandy Rivers • Rappahannock River

The Virginia Department of Game and Inland Fisheries (VDGIF) recommends the following time-of-year restrictions (TOYR) for any in-stream work within waters identified as wild trout waters. The recommended TOYRs for trout species are:

• Brook Trout: October 1 through March 31 • Brown Trout: October 1 through March 31 • Rainbow Trout: March 15 through May 15

This requirement applies to all waters of the U.S. within the following counties and cities: Albemarle, Allegheny, Amherst, Augusta, Bath, Bedford, Bland, Botetourt, Bristol, Buchanan, Buena Vista, Carroll, Clarke, Covington, Craig, Dickenson, Floyd, Franklin, Frederick, Giles, Grayson, Greene, Henry, Highland, Lee, Loudoun, Madison, Montgomery, Nelson, Page, Patrick, Pulaski, Rappahannock, Roanoke City, Roanoke Co., Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Staunton, Tazewell, Warren, Washington, Waynesboro, Wise, and Wythe. The Corps will coordinate the permit request with the Virginia Department of Environmental Quality (DEQ) and/or the VDGIF. Comments from DEQ and VDGIF will be fully considered before the Corps makes a final decision on the project. Additional information regarding trout waters can be found at: https://www.dgif.virginia.gov/.


http://www.vims.edu/cbnerr/

http://www.vims.edu/cbnerr/

https://www.dgif.virginia.gov/

https://www.dgif.virginia.gov/

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26. Historic Properties:a. In cases where the activity may affect properties listed, or eligible for listing

on the National Register of Historic Places, the activity is not authorized untilthe requirements of Section 106 of the National Historic Preservation Act(NHPA) have been satisfied.

b. Federal permittees should follow their own procedures for complying with therequirements of Section 106 of the National Historic Preservation Act.Federal permittees must provide the Corps with the appropriatedocumentation to demonstrate compliance with those requirements. TheCorps will review the documentation and determine whether it is sufficient toaddress Section 106 compliance for the RP activity, or whether additionalSection 106 consultation is necessary.

c. Non-federal permittees must submit a statement to the Corps regarding theauthorized activity’s potential to cause effects to any historic properties listed,or determined to be eligible for listing on the National Register of HistoricPlaces, including previously unidentified properties. The statement must saywhich historic properties may be affected by the proposed work or include avicinity map indicating the location of the historic properties or the potentialfor the presence of historic properties. Assistance regarding information onthe location or potential for the presence of historic resources can be soughtfrom the Virginia Department of Historic Resources (VDHR) at:http://www.dhr.virginia.gov/ or Tribal Historic Preservation Officer (THPO), asappropriate, and the National Register of Historic Places. Where an permitteehas identified historic properties which the proposed activity may have thepotential to affect, the permittee shall not begin the activity until notified bythe Corps that the activity has no potential to cause effects or thatconsultation under Section 106 of the NHPA has been completed.

d. Prospective permittees should be aware that Section 110(k) of the NHPA (16U.S.C. § 470(h)-2(k)) prevents the Corps from granting a permit or otherassistance to an permittee who, with intent to avoid the requirements ofSection 106 of the NHPA, has intentionally significantly adversely affected ahistoric property to which the permit would relate, or having legal power toprevent it, allowed such significant adverse effect to occur, unless the Corps,after consultation with the Advisory Council on Historic Preservation (ACHP),determines that circumstances justify granting such assistance despite theadverse effects created or permitted by the permittee. If circumstances justifygranting the assistance, the Corps is required to notify the ACHP and providedocumentation specifying the circumstances, explaining the degree ofdamage to the integrity of any historic properties affected, and proposedmitigation. This documentation must include any views obtained from thepermittee, SHPO/ THPO, appropriate Indian tribes if the undertaking occurson or affect historic properties on tribal lands or affects properties of interest


http://www.dhr.virginia.gov/

http://www.dhr.virginia.gov/

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to those tribes, and other parties known to have legitimate interest in the impacts to the permitted activity on historic properties.

27. Discovery of Previously Unknown Remains and Artifacts: If you discover anypreviously unknown historic, cultural, or archaeological remains and artifactswhile accomplishing activities authorized by this permit, you must immediatelystop work and notify the Corps of what has been found, and to the maximumextent practicable, avoid construction activities that may affect the remains andartifacts until the required coordination has been completed. The Corps willinitiate Federal, Tribal, and State coordination required to determine if the itemsor remains warrant a recovery effort or if the site is eligible for listing in theNational Register of Historic Places.

28. Mitigation: Mitigation in all its forms (avoiding, minimizing, or compensating forresource losses) may be required to the extent necessary to ensure that theadverse effects to the aquatic environment are minimal. The activity must bedesigned and constructed to avoid and minimize adverse effects, both temporaryand permanent, to waters of the U.S. to the maximum extent practicable at theproject site (i.e., on site).

29. Use of Multiple Regional Permits: This RP may be combined with any Corpsgeneral permits (including Nationwide (NWP) or Regional Permits (RP)) for asingle and complete project, as long as the acreage loss of waters of the U.S.authorized by the NWPs/RPs does not exceed the acreage limit of the NWP/RPwith the highest specified acreage limit.

30. Transfer of Regional Permit Verifications: If the permittee sells the propertyassociated with the RP verification, the permittee may transfer the verification tothe new owner by submitting a letter to the appropriate Corps District Office tovalidate the transfer. A copy of the RP verification must be attached to the letter,and the letter must contain the following statement and signature:“When the structures or work authorized by the Regional Permit are still inexistence at the time the property is transferred, the terms and conditions of thisregional permit, including any special conditions, will continue to be binding onthe new owner(s) of the property. To validate the transfer of the Regional Permitand the associated liabilities associated with compliance with its terms andconditions, have the transferee sign and date below.”

___________________________________ (Transferee) ___________________________________

(Date) 31. Compliance Certification: A Certificate of Compliance, enclosed with the Corps’

written authorization for the activity, must be completed and a copy retained foryour records. The original Certificate of Compliance shall be mailed to, U. S.


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Army Corps of Engineers, Regulatory Branch, 803 Front Street, Norfolk, Virginia 23510-1011, or to the Regulatory Field Office listed on the Certificate of Compliance, within 30 days of completion of the authorized activity.

32. Activities Affecting Structures or Works Built by the United States: If the RPactivity also requires permission from the Corps pursuant to 33 U.S.C. 408because it will alter or temporarily or permanently occupy or use a Corpsfederally authorized Civil Works project, the activity that requires section 408permission is not authorized by the RP until the appropriate Corps District officeissues the section 408 permission to alter, occupy, or use the Corps Civil Worksproject, and the District Engineer issues a written RP verification.Contact a Norfolk District Regulatory Project Manager to assist in determining ifyour proposed activity might alter or temporarily or permanently occupy or use aCorps of Engineers Civil Works project.Locations of Norfolk District Civil Works projects can be found at:http://www.nao.usace.army.mil/Portals/31/docs/regulatory/RPSPdocs/RP-17_Corps_Project_Maps.pdf.For projects located within the Civil Works boundary of the Baltimore,Huntington, Nashville or Wilmington District, please contact a Norfolk DistrictProject Manager for assistance.

33. Pre-Construction Notification: Prior to commencing the activity, prospectivepermittees (“permittees”) must submit a Pre-construction Notification (PCN) tothe District Engineer, unless otherwise specified in the RP, and must receivewritten notification from the Corps acknowledging that the project is authorizedpursuant to this RP.Notification to the Corps must be in writing (the Joint Permit Application may alsobe used, as described below) and must include the following information:

• Name, address and telephone number of the prospective permittee;• Name, address and telephone number of the property owner, if different

from the prospective permittee;• Location of the project (including Tax Parcel ID Number, if available);• Vicinity map, aerial photograph, and/or drawing accurately showing the

extent of proposed activity and the extent of waters of the U.S., includingwetlands. Drawings, plans and/or sketches should contain sufficient detailto project an illustrative description of the proposed activity;

• Identify the specific RP or RPs the prospective permittee wants to use toauthorize the proposed activity;

• A description of the proposed activity; the activity’s purpose; direct andindirect adverse environmental effects the activity would cause, includingthe anticipated amount of loss of wetlands, other special aquatic sites,and other waters expect to result from the RP activity, in acres, linear feet


http://www.nao.usace.army.mil/Portals/31/docs/regulatory/RPSPdocs/RP-17_Corps_Project_Maps.pdf




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or other appropriate unit of measure; a description of any proposed mitigation measures; and any other Corps permit used or intended to be used to authorize any part of the proposed project or any related activity.

• A delineation of special aquatic sites and other waters of the U.S. on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters of the U.S., but there may be a delay if the Corps does the delineation.

• If compensatory mitigation is required, the prospective permittee must submit a statement describing how any required compensatory mitigation will be provided. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. In accordance with 33 CFR 332.3 (a) the Corps will consider what is environmentally preferable. Factors considered will be likelihood of success, sustainability, location relative to the impact site and significance within the watershed, and the costs of the compensatory mitigation project. The Corps will require the most appropriate and practicable mitigation pursuant to 33 CFR 320.4(r).

A JPA may be obtained by writing to the U.S. Army Corps of Engineers, Norfolk District, Regulatory Branch, 803 Front Street, Norfolk, Virginia 23510-1011; by telephoning the Norfolk District Regulator of the Day at (757) 201-7652 or via the following link to the Norfolk District Regulatory Branch website: http://www.nao.usace.army.mil/Missions/Regulatory/JPA/. The Corps must determine if the PCN is complete. If the PCN is determined to be incomplete, the Corps will request the prospective permittee to provide the additional information necessary to make the request complete. The request must specify the information needed to make the PCN complete. As a general rule, the Corps will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the Corps will notify the prospective permittee that the PCN is still incomplete and the review process will not commence until all of the requested information has been received by the Corps. The prospective permittee shall not begin the activity until he or she is notified in writing by the Corps that the activity may proceed under the RP, subject to any additional conditions imposed by the Corps. If, after reviewing the request, the Corps determines that the proposed activity would have more than minimal individual or cumulative adverse impacts on the aquatic environment or otherwise may be contrary to the public interest, then the Corps will notify the project proponent that the activity is not authorized by the regional permit and will provide instructions for seeking authorization under an Individual Permit. The Corps may revoke this Regional Permit for an individual activity by following the procedures set forth in 33 CFR 325.7.

34. Environmental Justice: Activities authorized under this RP must comply with Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”.


http://www.nao.usace.army.mil/Missions/Regulatory/JPA/

http://www.nao.usace.army.mil/Missions/Regulatory/JPA/

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35. Inspections: The permittee must provide a copy of this permit and anyverification letter to the contractor(s) and made available at the project site to anyregulatory representative. The permittee shall allow the Corps to make periodicinspections at any time deemed necessary in order to assure that the activitiesbeing performed under authority of this permit are in accordance with the termsand conditions prescribed herein. The Corps reserves the right to require post-construction engineering drawings and/or surveys of any work authorized underthis RP, as deemed necessary on a case-by-case basis.

VII. DISTRICT ENGINEER’S DECISION:

1. In reviewing the PCN for the proposed activity, the District Engineer willdetermine whether the activity authorized by the RP will result in more thanminimal individual or cumulative adverse environmental effects or may becontrary to the public interest. If a project proponent requests authorization by aspecific RP, the District Engineer should issue the RP verification for that activityif it meets the terms and conditions of that RP, unless he or she determines,after considering mitigation, that the proposed activity will result in more thanminimal individual or cumulative adverse effects on the aquatic environment andother aspects of the public interest and require an Individual Permit for theproposed activity.

2. When making minimal adverse environmental effects determinations the DistrictEngineer will consider the direct and indirect effects caused by the RP activity.He or she will also consider the cumulative adverse environmental effectscaused by activities authorized by the RP and whether those cumulative adverseenvironmental effects are no more than minimal. The District Engineer will alsoconsider site specific factors, such as the environmental setting in the vicinity ofthe RP activity, the type of resource that will be affected by the RP activity, thefunctions provided by the aquatic resources that will be affected by the RPactivity, the degree or magnitude to which the aquatic resources perform thosefunctions, the extent that aquatic resource functions will be lost as a result of theRP activity (e.g., partial or complete loss), the duration of the adverse effects(temporary or permanent), the importance of the aquatic resource functions tothe region (e.g., watershed or ecoregion), and mitigation required by the DistrictEngineer. The District Engineer may add case-specific special conditions to theRP authorization to address site-specific environmental concerns.

3. If the District Engineer determines that the adverse environmental effects of theproposed activity are more than minimal, then the District Engineer will notify thepermittee that the activity does not qualify for authorization under the RP andinstruct the permittee on the procedures to seek authorization under anIndividual Permit or process to modify the proposed activity and/or the mitigationplan to reduce the adverse environmental effects so that they are no more thanminimal. In addition, if the District Engineer determines on a case-by-case basisthat concerns for the aquatic environment so indicate, the District Engineer may


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exercise discretionary authority to override the Regional Permit and require an Individual Permit application and review.

VIII. ADDITIONAL INFORMATION:

1. District Engineers have the authority to determine if an activity complies with theterms and conditions of the RP.

2. Limits of This Authorization:a. Regional permits do not obviate the need to obtain other federal, state, or

local permits, approvals, or authorizations required by law.b. Regional permits do not grant any property rights or exclusive privileges.c. Regional permits do not authorize any injury to the property or rights of

others.d. Regional permits do not authorize interference with any existing or proposed

Federal project (see General Condition 32).e. Regional permits do not authorize the impingement upon Federal Lands.f. Regional permits do not grant any Corps or Federal real estate rights. If real

estate rights are needed from the Corps, you must contact the appropriateU.S. Army Corps of Engineers District’s Real Estate Office.

3. Limits of Federal Liability: In issuing this RP, the Federal government does notassume any liability for the following:a. Damages to the permitted project or uses thereof as a result of other

permitted or unpermitted activities or from natural causes;b. Damages to the permitted project or uses thereof as a result of current or

future activities undertaken by or on behalf of the United States in the publicinterest;

c. Damages to persons, property, or to other permitted or unpermitted activitiesor structures caused by the activity authorized by this RP;

d. Design or construction deficiencies associated with the permitted work;e. Damage claims associated with any future modification, suspension, or

revocation of this permit.4. Reliance on Permittee’s Data: The determination of this office that issuance of

this permit is not contrary to the public interest was made in reliance on theinformation you provided.

5. Reevaluation of Permit Decision: The District Engineer may reevaluate thedecision on this permit at any time the circumstances warrant. Circumstancesthat could require a reevaluation include, but are not limited to, the following:a. The permittee fails to comply with the terms and conditions of this permit.b. The information provided by the permittee in support of your PCN proves to

have been false, incomplete, or inaccurate.c. Significant new information surfaces which this office did not consider in

reaching the original public interest decision.


Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325. 7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Binding Effect: The provisions of the permit authorization shall be binding on any assignee or successor in interest of the original permittee.

7. Expiration: Unless further modified, suspended, or revoked, this RP will be in effect until September 5, 2023. Activities which have commenced (i.e. under construction) or are under contract to commence in reliance upon this RP will remain authorized provided the activity is completed within twelve ( 12) months of the date of the RP's expiration, modification, or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Activities completed under the authorization of the RP which was in effect at the time the activity was completed continue to be authorized by that RP.

Date

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P~m~ Colonel, U.S. Army Commanding


CITY OF SUFFOLK


PHONE: (757) 514-4060 FAX: (757) 514-4099

Memorandum To: Suffolk Wetlands Board From: Kevin M. Wyne, AICP, Current Planning Manager RE: Old Business (Restoration Plan) – 6766 Burbage Landing Circle – Xuan Thi

and Kim Phun Nguyen, property owners. The property is further identified as Zoning Parcel 7K*JP*8, zoned PD, Planned Development Zoning District.

Date: November 19, 2020 As you may recall, at your August 20, 2020, a Restoration Hearing was conducted on the observed violation at the referenced property. The hearing was scheduled in response to an observed violation that included shoreline hardening and the construction of a boat ramp within the Wetlands Board’s jurisdiction. At your meeting in August, the violation was discussed in detail, and ultimately by a vote of 7-0, you voted to require that the property owners submit a restoration plan that incorporates City staff and Virginia Institute of Marine Science (VIMS) recommendations pertaining to shoreline restoration within 45 days of the August 20, 2020 meeting. As such, staff sent by certified mail a notice to the property owner on August 24, 2020 outlining your action and requesting this information no later October 5, 2020. As of October 5, 2020, a restoration plan had not been received. However, a representative for the property owners had been in contact with City staff as of the end of September and indicated the intention of seeking an environmental professional to perform a restoration plan in accordance with the requirements specified in your action on August 20, 2020. At your meeting on October 15, 2020, a representative for the property owners was present and began dialogue with the Wetlands Board. In response to conversation at that meeting, the Board voted 4-0 to require that the property owners provide the City with a restoration plan within 14 days. If such plan was not received, the Wetlands Board would authorize the City to begin legal action in reference to the observed violation.



Wetlands Board November 19, 2020 Restoration Plan Update 6766 Burbage Landing Circle Page 2 of 2

On October 29, 2020, a restoration plan was received. The plan outlines areas within the Board’s jurisdiction where debris will be removed from the site, including an established boat ramp. The plan states that the site will be restored to a natural condition as observed on neighboring property. The plan establishes a timeline of four weeks and was slated to begin on November 2, 2020.

Staff has reviewed the plan and believes it aligns with the intent of your action taken on October 15, 2020. As such, staff recommends that the plan be accepted and periodic inspections be conducted leading up to a compliance date of December 2, 2020, as noted on the submitted plna.

ATTACHMENTS

• Restoration Plan dated 10/29/2020

SUFFOLK WETLANDS BOARD AGENDA FOR NOVEMBER 19, 2020

Documents

Transcript of SUFFOLK WETLANDS BOARD AGENDA FOR NOVEMBER 19, 2020