Published July 13, 2018
Expiration date: 8/6/2018


The District Commander has received information for modification of Federal and State permits as described below:

City of Virginia Beach
Department of Public Works
c/o Mr. David Jarman
2405 Courthouse Drive, Suite 345
Virginia Beach, Virginia 23456 

WATERWAY AND LOCATION OF THE AUTHORIZED WORK: The project is located in the Lynnhaven Inlet, a tributary to the Chesapeake Bay, at the Shore Drive (Route 60) “Lesner Bridge”, in Virginia Beach, Virginia.   

PROPOSED MODIFICATION: The applicant proposes to modify the original permit to allow for a 360 linear feet wide by 20 feet long concrete wharf / bulkhead structure to remain in place. The structure is located on the western side of the Crab Creek channel near the channel entrance. The temporary structure was constructed to provide a docking area for material transfer to and from barges during construction of the new bridge and for demolition of the old bridge. The structure was constructed within upland. After the structure was complete, an authorized dredge operation occurred in front of the structure.   

In addition to the required Department of the Army permit modification, the applicant must obtain a modification from the Virginia Department of Environmental Quality (DEQ) and the Virginia Marine Resources Commission (VMRC) assuring that applicable laws and regulations pertaining to the modification are adhered. Drawings, aerial photograph, and photographs of the structure 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 modify 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 modification must be balanced against its reasonably foreseeable detriments. All of the modification’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 modification. Any comments received will be considered by the Corps of Engineers to determine whether to modify, condition or deny this proposal. Comments are used to determine the need for a public hearing and to determine the overall public interest of the proposed modification. Anyone may request a public hearing to consider this modification 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. 

COMMENT PERIOD: Comments on this request for modification should be in writing and can be sent by either email to or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WR-S), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on August 6, 2018.   

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 Scharlene Floyd 757-201-7367 –