March 10, 2021
CENAO-WR-O

FEDERAL PUBLIC NOTICE

SUBJECT:  Norfolk Harbor Navigation Improvements Project, Thimble Shoal Channel – East and Meeting Area 2 – Proposed Maintenance and New Work Dredging, Transport, and Placement at Dam Neck Ocean Disposal Site.

Pursuant to Section 103 of the Marine Protection, Research, and Sanctuaries Act (MPRSA) of 1972, this Public Notice serves as the U.S. Army Corps of Engineers, Norfolk District (Corps) notification relating to proposed placement of suitable dredged material at the Dam Neck Ocean Disposal Site (DNODS). The DNODS was designated by the U.S. Environmental Protection Agency (USEPA) pursuant to Section 102(c) of MPRSA for the ocean placement of suitable dredged material. The final rule was promulgated by EPA on March 31, 1988 (FR. Vol. 53 No. 62), effective March 31, 1988.  The dredging, transport, and placement at the Norfolk Ocean Disposal Site (NODS) will be an alternate placement site for suitable dredged material if needed to maintain navigation or if the DNODS is unavailable for placement of dredged material. The NODS was designated by the U.S. Environmental Protection Agency (USEPA) pursuant to Section 102(c) of MPRSA for the ocean placement of suitable dredged material. The final rule was promulgated by EPA on July 2, 1993 (FR. Vol. 58 No. 126), effective July 2, 1993.  Dredged material proposed for transport for the purpose of discharge in ocean waters must be evaluated by the U.S. Army Corps of Engineers in accordance with part 227 of MPRSA, Section 103 and processed in accordance with 33 CFR 324.  The use of DNODS and NODS is contingent upon U.S. Environmental Protection Agency, Region 3 review and concurrence that the dredged material meets MPRSA criteria (40 CFR 227).

ACTIVITY:  Approximately 4.96 million cubic yards (MCY) of maintenance and new work dredged material from the Norfolk Harbor Navigation Improvements Project, Thimble Shoal Channel – East (TSC-E), and approximately 2.42 mcy of new work material from the Meeting Area 2 (MA2) was evaluated to determine compliance with the criteria in Part 227 of MPRSA, Section 103.  The Norfolk Harbor Navigation Improvements Project, TSC-E and MA2 dredged material is proposed for placement at the DNODS. Placement at the NODS will be an alternative placement site for suitable dredged material if needed to maintain navigation or if the DNODS is unavailable for placement of dredged material. The anticipated construction duration is approximately 365 days. Following initial construction of the TSC-E and MA2, maintenance dredging is expected to be required every two to three years and remove approximately 800,000 cubic yards per cycle during the maintenance phase of the project.

LOCATION:  The Thimble Shoal Channel – East is located in the lower Chesapeake Bay, approximately 11 statute miles long and 1,000 feet wide, extending eastward from the Chesapeake Bay Bridge Tunnel. An approximate 5-statute-mile section of the channel directly east of the CBBT will be widened from 1,000 to 1,300 feet (150 feet on each side of the channel) to create MA2. The DNODS boundary coordinates are as

follows [40 Code of Federal Regulations (CFR) 288.5]:

The DNODS has an area of approximately 9 square nautical miles located in federal waters due east of the Dam Neck/Virginia Beach section of the Virginia coast and approximately 7 nautical miles south and east of the Chesapeake Bay. Water depth within the DNODS averages approximately 40 feet. The DNODS is divided into seven placement cells; cells 2, 5, 6, and 7 are designated for fine-grained materials and Cells 1, 3, and 4 are reserved for sandy material. The site was designated by USEPA as suitable for the ocean disposal of dredged material from three Federal Navigation Channels: the Atlantic Ocean Channel, the Cape Henry Channel, and the Thimble Shoal Channel.

The DNODS has been in use since 1967 when the Corps initially deepened the Thimble Shoal Channel to 45 feet. Since that time, all new work and maintenance dredged material from Cape Henry Channel and Thimble Shoal Channel, have been deposited at the DNODS. These deposits included a variety of naturally occurring marine sediments, ranging from silts and clays to fine, medium, and coarse sands. The Cape Henry Channel and Thimble Shoals Channel are maintenance dredged approximately every 2 to 3 years, and the DNODS is utilized for placement of suitable dredged material. The Thimble Shoal Channel was last dredged during the period of 18 June 2019 through 08 August 2019 removing approximately 1,306,064 cubic yards and placed at the DONDS. Thimble Shoal Channel – West is currently being dredged and utilizing the DNODS as a placement site. Approximately 3 mcy have been placed to date; but it has not yet reached completion, therefore final quantities are not yet available. There have been no documented effects from the authorized discharges that have been made in the placement area.

The NODS is located in the Atlantic Ocean approximately 17 statute miles east of Cape Henry. The center point coordinate of the NODS is latitude 36°59’00” North and longitude 75°39’00” West. The site is circular with a radius of 4 nautical miles and has an area of approximately 50 square nautical miles. Water depth within the NODS ranges from -42 to -85 ft MLLW.  The site has unlimited capacity and is designated to provide capacity for long-term management of dredged material from the lower Chesapeake Bay and suitable materials from Norfolk Harbor (USEPA 1992). Any dredged material that passes ocean placement criteria may be placed at the NODS.

Prior to 2008, the only prior use of the NODS was by the U.S. Navy in August 1993. Approximately 51,000 cubic yards (cy) of dredged material from the Naval Supply Center Cheatham Annex and 475,000 cy of dredged material from the Naval Weapons Station Yorktown were placed at the site.  Since 2010, other projects that have been recently placed at the NODS include the VDOT-Midtown Tunnel (1,121,642 cy placed October 2013 to October 2014), Joint Base Langley Eustis (JBLE) Skiffes Creek Channel (128,244 cy placed November 2014 to December 2014), JBLE-Fuel Pier Basin (57,122 cy placed February 2019 to July 2019), and the JBLE-Back River Channel (125,723 cy placed February 2019 to July 2019). Since 2009, additional projects have received authorization to place dredged material at the NODS including the Craney Island Eastward Expansion (CIEE) (24.5 million cubic yards), Norfolk Inner Harbor Channel 50-feet element (1 million cubic yards), Baltimore Harbor Upper Bay Approach Channels, Joint Base Langley Eustis – Fuel Pier Replacement Project, the Yorktown Naval Weapons Station (65,000 cubic yards), Chesapeake Bay Bridge Tunnel – Parallel Thimble Shoals Tunnel Project (1.7 million cubic yards) and Langley Back River Project (125,723 cubic yards). There have been no documented effects from the authorized discharges that have been made in the placement area.

Sediments proposed for dredging consist of both maintenance and new work dredged material to support safe navigable depths in the Federal channel and MA2. Grain size of the dredged material in both the channel and MA2 is predominantly comprised of sand with some gravel. The dredged material proposed for placement at DNODS does not meet the testing exclusionary criteria set forth under 40 CFR 227.13(b). Subsequent dredged material testing of TSC – E detected the presence of metals, polycyclic aromatic hydrocarbons (PAHs), dioxin/furan congeners and chlorinated pesticides in the bulk sediments from the SPLB channel. Other organic constituents (phenanthrene, pyrene, 4,4’-DDE, delta-BHC, and endrin) were estimated at concentrations below the laboratory reporting limit in the bulk sediments as well. Dredged material testing of MA2 detected the presence of metals, one chlorinated pesticide (4,4’-DDE), dioxin/furans congeners, 1,2-diphenylhydrazine and phenol.

Dredged material from TSC – E and MA2 was tested for liquid phase, liquid and suspended particulate phase, and solid phase (e.g. benthic toxicity and benthic bioaccumulation) using criteria and procedures developed by the Administrator of the U.S. Environmental Protection Agency (EPA) in accordance with 40 CFR 220-228. Evaluation of the liquid phase has determined the material from TSC – E and MA2 complies with the Limiting Permissible Concentration (LPC) at the DNODS as well as the NODS and is in compliance with 40 CFR 227.6(c)(1) and 227.27(a)(1). Evaluation of the liquid and suspended particulate phase has determined the material from TSC – E and MA2 complies with the LPC at the DNODS as well as the NODS and is in compliance with 40 CFR 227.6(c)(2) and 227.27(b).  Evaluation of the benthic toxicity solid phase has determined the material from TSC – E and MA2 complies with the LPC and is in compliance with 40 CFR 227.13(c)(3), 227.6(c)(3) and 227.27(b) for placement at the DNODS and the NODS. The dredged material from TSC – E and MA2 meets the LPC for benthic bioaccumulation and complies with the benthic criteria of 40 CFR Part 227.13 (c) (3) for placement at DNODS and NODS. The dredged material as described from the Norfolk Harbor Navigation Improvements Project, Thimble Shoal Channel – East and Meeting Area 2 meets the MPRSA criteria (40 CFR 227).

ENVIRONMENTAL DOCUMENTATION:  The environmental impacts of the Norfolk Harbor Navigation Improvements have been evaluated in National Environmental Policy Act (NEPA) and regulatory documents including: (1) the Final General Reevaluation Report and Final Environmental Assessment/Finding of No Significant Impact dated June 2018; and (2) the Finding of No Significant Impact was executed on 16 October 2018.

COMMENT PERIOD:  Comments on this project should be in writing and can be sent by either email to JavierAnn.F.Wright@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: Javier Wright, CENAO-WR-O), 803 Front Street, Norfolk, Virginia  23510-1011, and should be received by the close of business on April 09, 2021.

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, contact Javier Wright at 757-201-7890 or by email at JavierAnn.F.Wright@usace.army.mil.

Attachment: TSC – E and MA2 - Overview Map