The district commander has received a permit application for work described below:
APPLICANT
Mr. George Karavolos
2315 Walke Street
Virginia Beach, VA 23451
WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in a man-made canal to Broad Bay, a tributary to the Lynnhaven River, at 2004 English Cedar Circle in Virginia Beach, Virginia.
PROPOSED WORK AND PURPOSE: The applicant proposes to remove an existing failing bulkhead and concrete boat ramp, and construct a new 141 linear foot bulkhead so as to create two boat slips by excavating the area behind the failing bulkhead. In addition, the project includes mechanically dredging approximately 220 cubic yards (4,863 square feet) for an access channel and turning basins at a depth not to exceed -3.0 feet mean low water. The dredged material will be transferred to sealed trucks on-site and disposed of off-site in a lawful manner.
The impacts associated with the dredging include 27 cubic yards (243 square feet) of non-vegetated wetlands (mudflats) and 193 cubic yards (4,620 square feet) of subaqueous bottom. The impacts associated with the excavation landward of the failing bulkhead include 575 square feet of uplands, 125 square feet of vegetated wetlands, and 8 square feet of non-vegetated wetlands (mudflats). As compensatory mitigation for impacts to wetlands, the applicant is proposing to create approximately 40 square feet of new on-site vegetated wetlands and to pay an in-lieu fee and/or purchase credits from an approved mitigation bank or trust fund for the balance of the wetlands losses.
In addition to the required Department of the Army permit, the applicant must obtain a Virginia Water Protection Permit/401 certification from the Virginia Department of Environmental Quality assuring that applicable laws and regulations pertaining to water quality are not violated and a permit from the Virginia Beach Wetlands Board. Project drawings are attached.
AUTHORITY: Permits are required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
FEDERAL EVALUATION OF APPLICATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. The decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected from the proposal must be balanced against its reasonably foreseeable detriments. All of the proposal's relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.
The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the direct, indirect, and cumulative impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Anyone may request a public hearing to consider this permit application by writing to the District Commander within 30 days of the date of this notice, stating specific reasons for holding the public hearing. The District Commander will then decide if a hearing should be held.
Preliminary review indicates that: (l) no environmental impact statement will be required; (2) after conducting the NAO ESA Project Review Process, no listed/proposed/candidate species and/or designated/proposed critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended) will be affected. Based on this “no effect” determination, no further coordination with the Fish and Wildlife Service is required; and (3) no known properties eligible for inclusion or included in the National Register of Historic Places are in or near the permit area, or would likely be affected by the proposal. Additional information might change any of these findings.
For compliance with the Coastal Zone Management Act of 1972, as amended for projects located in Tidewater, the applicant must certify that federally licensed or permitted activities affecting Virginia's coastal uses or resources will be conducted in a manner consistent with the Virginia Coastal Zone Management Program (VCP) and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). We have not received a certification from the applicant prior to publication of this public notice. It is the applicant’s responsibility to submit a consistency certification to the Office of Environmental Impact Review for concurrence or objection and proof of concurrence must be submitted to the Corps prior to final permit issuance. A template federal consistency certification can be found here: http://www.deq.virginia.gov/Programs/EnvironmentalImpactReview/FederalConsistencyReviews.aspx#cert. For more information or to obtain a list of the enforceable policies of the VCP, contact the Department of Environmental Quality, Office of Environmental Impact Review at (804) 698-4330 or e-mail: bettina.sullivan@deq.virginia.gov or john.fisher@deq.virginia.gov.
The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). Broad Bay contains Essential Fish Habitat (EFH) for the egg, larvae, juvenile and adult life stages of 17 species including red hake (Urophycis chuss), windowpane flounder (Scopthalmus aquosus), Atlantic sea herring (Clupea harengus), bluefish (Pomatomus saltatrix), Atlantic butterfish (Peprilus triacanthus), summer flounder (Paralicthys dentatus), scup (Stenotomus chrysops), black sea bass (Centropristus striata), king mackerel (Scomberomorus cavalla), Spanish mackerel (Scomberomorus maculatus), cobia (Rachycentron canadum), red drum (Sciaenops ocellatus), dusky shark (Charcharinus obscurus), sandbar shark (Charcharinus plumbeus), sand tiger shark (Odontaspis taurus), Atlantic sharpnose shark (Rhizopriondon terraenovae), and Atlantic angel shark (Squatina dumeril). The habitat which this project would affect consists of shallow water and mudflats. The proposed project is described in Proposed Work and Purpose, above. Our assessment of the project leads us to a preliminary determination that it will not have a substantial adverse effect on EFH and therefore expanded EFH consultation is not required. Our rationale for this preliminary determination is based on the expected short-term nature of the direct impacts and minimal increases in turbidity caused by the proposed work, and the absence of submerged aquatic vegetation and anadromous fish spawning habitat. Based on comments from the National Marine Fisheries Service in response to this public notice, further EFH consultation may be necessary.
COMMENT PERIOD: Comments on this project should be made in writing, addressed to the Norfolk District, Corps of Engineers (ATTN: Nancy D. Hankins, CENAO-WR-R), 803 Front Street, Norfolk, Virginia 23510-1096, and should be received by the close of business on April 14, 2016.
PRIVACY & CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers. Submissions should not include any information that the submitter seeks to preserve as confidential.
If you have any questions about this project or the permit process, contact Ms. Nancy D. Hankins at nancy.d.hankins@usace.army.mil or (757)201-7044.