November 10, 2022
FEDERAL PUBLIC NOTICE
The District Commander has received a joint permit application for Federal and State permits as described below:
Mr. Philip Moreau
North Landing Beach RV Resort & Cottages-Virginia Beach, LLC
25515 Via Mariquita
Carmel, CA 93922
PROJECT LOCATION: North Landing Beach RV Resort & Cottages at 161 Princess Anne Road in Virginia Beach, Virginia.
PROJECT SIZE: 10.5 acres
NEAREST WATERWAY: North Landing River
LATITUDE AND LONGITUDE: 36.333410, -76.004279
PROJECT DESCRIPTION AND PURPOSE: The applicant proposes the following:
1) Remove approximately 1,244 square feet of unauthorized gabion stone filled baskets installed by the predecessor in title.
2) Mechanically dredge 571 cubic yards within 0.46 acres of sub-aqueous bottom, 1,611 cubic yards within 0.42 acres of non-vegetated, nontidal wetlands, and 3,521 cubic yards within 0.46 acres of nontidal wetlands dominated by Phragmites australis to create a small boat marina for Park guests only.
3) Construction of two open-pile piers for fishing. The southern pier would be 6 feet x 265 feet with a 24-foot x 2-foot T-Head. The northern pier would be 6 feet x 274 feet with a 24-foot x 24-foot T-Head and 231 linear feet of groin wall constructed under the pier to replace the unauthorized gabion baskets and prevent northern drift of sand from the beach closing off the entrance to the marina.
4) Construction of approximately 3,161 linear feet of timber bulkhead for the marina and to stabilize the highly erodible banks of Canals 1 and 2. The bulkhead would impact approximately 0.02 acres of vegetated wetland and 0.15 acres of non-vegetated, nontidal wetlands along the fringe of the water and 0.28 acres of nontidal wetlands dominated by Phragmites australis.
5) Beach nourishment between elevation 2.5-feet and 0.0, spread evenly over the existing beach using the dredged sand.
6) Construction of a 5-foot x 705-foot timber walkway around the perimeter of the marina to allow access to the boat slips.
7) Construction of a marina consisting of three 8-foot x 26-foot floating piers with access ramps, two 4-foot x 16-foot finger piers, six 4-foot x 11-foot finger piers, a 24-foot x 30-foot open-sided roof over a 5-foot x 24-foot pier and 24 mooring piles.
8) The applicant has also requested after-the-fact authorization for 1.52 acres of wetland impacts that occurred on the property in the past 19 years. The wetlands were the subject of a Resolution Agreement in 2004 between a previous property owner and the Corps of Engineers, and 0.98 acres of those wetlands were placed under a Declaration of Restriction in 2005. The applicant is requesting termination of the Declaration of Restrictions.
AVOIDANCE AND MINIMIZATION: The applicant would be avoiding approximately 43 acres of forested wetlands on the property. The proposed work would occur within areas that are developed and part of the North Landing RV Resort & Cottages. The wetlands that are proposed for after-the-fact authorization have already been impacted over the last several years and some of that acreage is now within the waterway. The proposed marina and bulkhead would impact relatively low-functioning, stagnant wetlands that are cut off from the North Landing River and are dominated by Phragmites australis.
COMPENSATORY MITIGATION: The applicant proposes to compensate for all 2.28 acres of nontidal, vegetated wetland impacts through the purchase of 4.6 acres of credits from the Great Dismal Swamp Restoration Bank, specifically the Davis Mitigation Area. This is a 2:1 ratio for impacts to emergent, forested and scrub-shrub wetlands.
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 must obtain a permit from the Virginia Beach Wetlands Board.
A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website (20220239).
( 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. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act. Preliminary review of the application indicates that no EIS will be required.
Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. 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.
ENDANGERED SPECIES: After conducting the Norfolk District Endangered Species Act (ESA) Project Review Process, the Corps has made the preliminary determination that:
The applicant would be removing 32 trees as part of the project. The project may affect the Northern long-eared bat and time of year restrictions from April 1-November 15 of any year would be required. The FWS Information and Planning and Consultation (IPaC) 4(d) determination key was completed and no further coordination with the FWS is required. Atlantic sturgeon and Shortnose sturgeon are not likely to be found in this area, and the project should have no effect on these species. The IPaC Official Species List and Species Conclusion Table are attached for review and comment by the FWS and the NMFS. Additional information might change any of these findings.
HISTORIC AND CULTURAL RESOURCES:
No known Historic Resources eligible for inclusion or included in the National Register of Historic Places (NRHP) are in or near the Corps permit area or would likely be affected by the proposal. Additional information may change any of these findings.
ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). There is no EFH in the Corps area of responsibility; however, anadromous fish may be found in the area and further coordination with NMFS will be completed.
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: https://www.deq.virginia.gov/permits-regulations/environmental-impact-review/federal-consistency . 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: email@example.com. The applicant has not submitted concurrence.
VIRGINIA’S SECTION 401 WATER QUALITY CERTIFICATION PROGRAM: The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 11, 2020, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the Virginia Department of Environmental Quality. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received a Department of the Army (DA) permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
COMMENT PERIOD: Comments on this project should be in writing and can be sent by either email to firstname.lastname@example.org, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN: CENAO-WRR), 803 Front Street, Norfolk, VA 23510-1011, and should be received by the close of business on December 12, 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 Melissa Nash at email@example.com or 757-201-7489.