We propose to amend Regional Permit 20 (12-RP-20), that authorizes the creation of artificial reefs and dredging of old shellfish reefs, when the material will be used to create new or enhance old reefs owned, operated or managed by the Commonwealth of Virginia.
The regional permit included the following paragraph on page one:
This permit is authorized by the Secretary of the Army and the Chief of Engineers pursuant to Section 10 of the River and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344) to create artificial reefs and to dredge historical shellfish reefs when the material will be used for the construction of new reefs into Waters of the Commonwealth of Virginia Waters of the United States provided the project complies with the provisions and conditions set forth below.
This proposed amendment will remove “into Waters of the Commonwealth of Virginia Waters of the United States” and add the word “sell” to allow VMRC to sell as the Commission may see fit, shell material recovered during the dredging, cleaning, and sorting of dredged fossil shell. This amendment will make the permit consistent with Section 28.2-550 A of the Code of Virginia that provides…“The Commissioner, with the approval of the Commission, may contract with any person to take or dredge submerged oyster shells or any other subaqueous materials from the tidal waters of the Commonwealth, and shall have the authority to plant, use, or sell such shells or other materials in whatever manner the Commission deems to be in the best interest of the Commonwealth.”
Therefore, the amended paragraph will read:
This permit is authorized by the Secretary of the Army and the Chief of Engineers pursuant to Section 10 of the River and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344) to create artificial reefs and to dredge historical shellfish reefs and as directed by the Commission to plant, use, or sell such shells or other materials in whatever manner the Commission deems to be in the best interest of the Commonwealth, provided the project complies with the provisions and conditions set forth below.
The Regulatory Branch is soliciting comments on this proposed RP-20 amendment. Please email comments to John Evans not later than February 09, 2015. As it appears that this proposed amendment will cause no more than minimal individual and cumulative adverse water quality impacts, and barring any agency notification that this amendment would change either our original assessment that RP-20 activities have minimal effect on Essential Fish Habitat or managed species of concern or the Department of Environmental Quality unconditional §401 Water Quality Certification; this proposed amendment will be effective February 27, 2015.
If you have any questions about this proposed amendment, contact:
John Evans
757-201-7794
john.d.evans@.usace.army.mil