408-NAO-2021-0041; City of Newport News

U.S. Army Corps of Engineers Norfolk District
Published Sept. 12, 2022
Expiration date: 9/27/2022

408-NAO-2021-0041; City of Newport News

Interested parties are hereby notified that a request for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) has been received and will be evaluated by the Norfolk District.  Written comments, including any objections to the proposed alteration, stating reasons therefor, are being solicited from anyone having an interest in the requested alteration.  The authority to grant permission for temporary or permanent use, occupation or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”).  Section 408 authorizes the Secretary of the Army to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project.

A Joint Permit Application (VMRC #2022-0867) has been received from the City of Newport News to install a new twin 42” culvert from Center Avenue, over a City-owned parcel, to outfall into a portion of Newmarket Creek known as “Government Ditch”.  The current outfall system becomes overwhelmed with a 25-year storm, causing flooding onto Warwick Boulevard and adjacent areas.  The project is proposed as part of the City’s Warwick Boulevard Drainage Improvement project.  A new single barrel culvert will direct stormwater from Warwick Boulevard to an existing ditch; and the new twin 42” culvert will direct flows from there to Government Ditch.  The project will impact approximately 86 square feet of waters of the U.S., which will require a USACE Nationwide Permit 7.  The modifications to Government Ditch include demolishing the existing concrete sidewall, excavating a pipe trench, placing the 42” reinforced concrete pipe, and backfilling the trench.  Concrete will then be placed along the sidewall at the new outfall that will meet or exceed the original design.


The project falls within the footprint of the “Newmarket Creek, Newport News and Hampton, Virginia, Local Flood Protection Project” of which Government Ditch is a component.   The Newmarket Creek Project, completed in 1969, consisted of widening and deepening Newmarket Creek for a distance of approximately 11,000 feet to the junction with Government Ditch, enlarging Government Ditch, and regrading and rerouting Newmarket Creek 3,400 feet south of Government Ditch to flow north into it. 


A copy of the Joint Permit Application can be obtained here: https://webapps.mrc.virginia.gov/public/habitat/

Written comments may be submitted via mail to:

U.S. Army Corps of Engineers, Norfolk District

803 Front Street

Norfolk, VA 23510-1096

ATTN: Kathy Perdue

If you have any questions, please contact Kathy Perdue by telephone at 757-201-7218 or via email at Kathy.S.Perdue@usace.army.mil.  

Comments are due September 27, 2022.