NAO-2020-01704 / VMRC# 21-0584 (Upper Machodoc Creek)

Norfolk District, U.S. Army Corps of Engineers
Published Feb. 18, 2022
Expiration date: 3/21/2022

February 18, 2022
NAO-2020-01704 / VMRC# 21-0584

The District Commander has received a joint permit application for Federal and State permits as described below:

Jeffrey C. Bossart
Department of the Navy PWD South Potomac
18329 Thompson Road, Suite 226
Dahlgren, Virginia 22448

PROJECT LOCATION: The project is located at multiple locations along the shoreline of the Naval Support Facility (NFS) Dahlgren in King George County, Virginia.

PROJECT SIZE: Approximately 10 acres along approximately 2 miles of shoreline

NEAREST WATERWAY: Potomac River and Upper Machodoc Creek

LATITUDE AND LONGITUDE: Lat 38.3315°, Lon -77.0153 °

PROJECT DESCRIPTION AND PURPOSE: The overall purpose of this project is to construct shoreline stabilization for NSF Dahlgren near the mouth of the Upper Machodoc Creek and along the Potomac River at eight shoreline reaches. The shoreline stabilization structures will mitigate erosion that threatens roads, taxiways, and structures and causes sedimentation to the tidal rivers. Implementation will occur in phases ranked by priority established by the Navy. All sites have a probability of unexploded ordinance (UXO), which eliminates excavation and will require extra time and caution, as well as specially trained contractors necessary for safe construction. The proposed shoreline stabilization project consists of stone breakwaters, cobble beach aprons between the breakwaters, stone headland structures, stone sills, marsh creation, and upland bank protection using a geogrid and vegetative plantings.

The project will result in permanent impacts to 0.29-acre of tidal vegetated wetlands, 0.47-acre of tidal non-vegetated wetlands, 2.68-acres of tidal subaqueous bottom, and 0.16-acre of beach. The project will also result in temporary impacts to 0.06-acre of tidal vegetated wetlands, 0.63-acre of tidal non-vegetated wetlands, 1.26-acres of tidal subaqueous bottom, and 4.63-acres of beach. These proposed impacts are depicted on the attached impacts table.

AVOIDANCE AND MINIMIZATION: Designers and the Navy ensured that, where practicable, structures including temporary construction access were placed to avoid impacts to aquatic resources, limits of disturbance were kept to a minimum to complete the work, and use of best management practices such as turbidity curtains are specified to minimize impacts. Due to the probability of unexploded ordinance (UXO) grading that requires excavation is not possible. Every effort has been made to utilize vegetative stabilization methods and preserve or recreate habitat. The use of Living Shorelines was limited by the combined constraints of bank height, long fetch, and restrictions to upland grading.

COMPENSATORY MITIGATION: The applicant is proposing permittee responsible mitigation on-site with habitat creation of 1.86-acres of tidal low marsh, 2.01-acres of high marsh, and 5.65-acres of meadow.

In addition, the applicant must obtain an Individual Section 401 Water Quality Certification or waiver from the Virginia Department of Environmental Quality (DEQ) assuring that applicable laws and regulations pertaining to water quality are not violated.

The applicant obtained a permit from the King George County Wetlands Board on October 12, 2021.

The applicant obtained a permit from the Virginia Marine Resources Commission on December 7, 2021.

A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website:


(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

(X) Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

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, 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 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.

Preliminary review indicates that: The Department of the Navy PWD South Potomac is funding the project and therefore has been designated by the Corps as the lead Federal agency to fulfill the collective Federal responsibilities under Section 7 of the Endangered Species Act of 1973 (PL 93-205), Section 106 of the National Historic Preservation Act of 1966 (PL 89-665), and the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (PL 104-267). The Department of the Navy PWD South Potomac has preliminarily determined that: (l) no environmental impact statement will be required; (2) after conducting informal consultations, 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 adversely affected; (3) the project will not have a substantial adverse effect on essential fish habitat; and (4) known properties eligible for inclusion or included in the National Register of Historic Places in or near the permit area will not be adversely affected. Additional information might change any of these findings.

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.

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 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’s Coastal Zone Management Program (Virginia CZM Program), and obtain concurrence from the Department of Environmental Quality (DEQ), Office of Environmental Impact Review (OEIR). It is the applicant’s responsibility to submit a consistency certification to the OEIR 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 in the Federal Consistency Manual here: . 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: The applicant has not submitted concurrence.

VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: The applicant must obtain, from the Virginia DEQ, a Clean Water Act Section 401 Water Quality Certification for any federal license or permit that authorizes an activity that may result in a discharge into waters of the U.S. (40 CFR Part 121). 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. In either case, a written notice of waiver from DEQ (expressly waived) or from the Corps (implicitly waived), satisfies the project proponent’s requirement to obtain certification.

Pursuant to 33 CFR 325.2(b)(1)(i), this Public Notice serves as the Corps’ CWA § 401(a)(2) notification to the Administrator of the Environmental Protection Agency (EPA). Pursuant to 40 CFR 121.11-13, the EPA shall notify the Corps, the Virginia DEQ, and the applicant, within 30 days of receipt of the application and certification, if the Regional Administrator determines that the proposed discharge may affect the quality of the waters of any neighboring jurisdiction.

COMMENT PERIOD: Comments on this project 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-WRR, Nancy P. Davis), 803 Front Street, Norfolk, VA 23510-1011, and should be received by the close of business on March 21, 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, contact Ms. Nancy P. Davis at or via phone at (757) 201-7044.