PROPOSED REISSUANCE OF THE NORFOLK DISTRICT REGIONAL PERMIT 5 (RP-05)

NORFOLK DISTRICT, U.S. ARMY CORPS OF ENGINEERS
Published May 23, 2022
Expiration date: 6/23/2022

CENAO-WRR
May 23, 2022

PROPOSED REISSUANCE OF THE NORFOLK DISTRICT REGIONAL PERMIT 5 (RP-05)

The Norfolk District proposes the reissuance of the Regional Permit 5 (16-RP-05), scheduled to expire on June 9, 2022.

Regional Permit 5 authorizes private entities to discharge dredged and/or fill material into waters of the U.S. for the purpose of constructing small impoundments for general and private use. These uses include, but are not limited to, recreation, aesthetics, and water storage for fire prevention; moreover, the impacts may not result in more than minimal individual or cumulative adverse environmental impacts. The Norfolk District proposes to reissue the Regional Permit 5 for five (5) years. The existing Regional Permit 5 can be found on our web site at https://www.nao.usace.army.mil/Portals/31/docs/regulatory/RPSPdocs/16-RP-05.pdf?ver=2017-06-23-072432-493 

AUTHORITY: Permits are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.

FEDERAL EVALUATION OF APPLICATION: The decision whether to reissue this general permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed permitted activity on the public interest. The decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected from the proposal must be balanced against its reasonably foreseeable detriments. All of the proposal's relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The Environmental Protection Agency's "Guidelines for Specification of Disposal Sites for Dredged or Fill Material" will also be applied (Section 404(b)(1) of the Clean Water Act). The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties to consider and evaluate the direct, indirect, and cumulative impacts of this proposed Regional Permit. Any comments received will be considered by the Corps of Engineers to determine whether to reissue, reissue with modifications, or decline the reissuance of this Regional General Permit. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Anyone may request a public hearing to consider this permit application by writing to the District Commander within 30 days of the date of this notice, stating specific reasons for holding the public hearing. The District Commander will then decide if a hearing should be held. Preliminary review indicates that: (1) no environmental impact statement will be required; (2) Endangered Species Act (ESA) review will be done on an individual project basis and in accordance with the NAO ESA project review process. (3) Section 106 review for properties eligible for inclusion or included in the National Register of Historic Places will be performed on an individual project basis and in accordance with the NAO Section 106 project review process. (4) Essential Fish Habitat (EFH) review will be done on an individual project basis and in accordance with the NAO EFH project review process

VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Virginia’s Coastal Zone, the Corps must certify that federally permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia’s Coastal Zone Management Program (Virginia CZM Program), and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). The Corps will be submitting a consistency certification review request to the OEIR for concurrence or objection. For more information or to obtain a list of the enforceable policies of the Virginia CZM Program, contact the DEQ-OEIR at (804) 659-1915 or e-mail: bettina.rayfield@deq.virginia.gov.

VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: For compliance with the Virginia Section 401 Water Quality Certification Program, the Corps must obtain, from the Virginia DEQ, a Clean Water Act Section 401 Water Quality Certification for the proposed 22-RP-05. As the Certifying Authority, the Virginia DEQ may grant, grant with conditions, or deny a certification request. Alternatively, the Virginia DEQ may waive, expressly or implicitly, its authority to act on a certification request. The Corps will be submitting a 401 Certification request to the Virginia DEQ.

COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to steven.a.vanderploeg@usace.army.mil , or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR), 803 Front Street, Norfolk, Virginia 23510-1011, and should be received by the close of business on June 23, 2022.

PRIVACY AND CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers. Submissions should not include any information that the submitter seeks to preserve as confidential.

If you have any questions about this project or the permit process, please contact Mr. Steven VanderPloeg at 804-397-9836 or steven.a.vanderploeg@usace.army.mil.