NAO-2023-00681 (Regional Permit 22, Lake Gaston, Mecklenburg County, Brunswick County)

Published May 15, 2023
Expiration date: 6/14/2023

May 15, 2023 
23-RP-22 (NAO-2023-00681)


The Norfolk District is proposing to reissue and revise Regional Permit RP-22. The RP-22 is currently in effect but will expire on September 5, 2023.

The existing Regional Permit (RP) can be viewed on our web page at . The proposed changes to the permit are outlined below and may be viewed by clicking on the associated attachments in this public notice.

Reginal Permit 22 (RP-22) includes certain activities within the Virginia portion of Lake Gaston including: construction of piers, boat docks, boat ramps, and boathouses; excavation of boat slips and channels; construction and backfilling of bulkheads and placement of rip rap; and installation of submerged and aerial power lines and utility lines.

Below is a summary of the notable changes to RP-22:

1. A new activity was added for the authorization of living shorelines that closely follows the conditions within the issued nationwide permit 54.
2. A procedure was added to require Dominion Energy North Carolina Power to provide annual reports for non-reporting activities under #1, #3, #4, and #5 to the Norfolk District Corps of Engineers Regulatory Branch.
3. Organic material was removed from the list of prohibited materials for shoreline stabilization. 
4. Clarification was added under permit specific conditions 3(f) to use native plants appropriate for current site conditions for bioengineering and vegetative bank stabilization.
5. RP-22 still allows for two (2) non-reporting activities provided the applicant obtains a valid permit from Dominion North Carolina Power.  These activities include:
     a. Construction of piers, boat docks, boat ramps, and boathouses using materials commonly acceptable for their construction such as unsinkable flotation materials, pressure treated               lumber, creosoted pilings, and concrete.
     b. Construction and backfilling of bulkheads and placement of riprap along eroding shorelines for shoreline stabilization and erosion control. 
6. A written Department of Army permit will be required for the following three activities:
    a. Excavation of boat slips and channels (channelward of the normal high pool elevation) for recreational boating.
    b. Installation of submerged and aerial power lines and utility lines where the U.S. Coast Guard requirements for aerial lines are met and where bottom elevations are restored to pre-              project contours for submerged lines. 
    c. Installation of a living shoreline.
7. The General Conditions were updated.


(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: Endangered Species Act (ESA) review will be done on an individual project basis and in accordance with the Corps ESA project review process.

HISTORIC AND CULTURAL RESOURCES: Section 106 review for properties eligible for inclusion or included in the National Register of Historic Places will be performed on an individual project basis and in accordance with the Corps Section 106 project review process.

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 assuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. For compliance with the Virginia Section 401 Water Quality Certification Program, the Corps must obtain, from the Virginia DEQ, a CWA Section 401 certification for the reissuance of this Regional Permit.  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 accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it receives the related certification from the DEQ. The Administrator is responsible for determining if 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 or, or by regular mail, addressed to the Norfolk District, Corps of Engineers (ATTN:  CENAO-WRR), 9100 Arboretum Parkway, Suite 235, Richmond, Virginia, 23236, and should be received by the close of business on June 14, 2023.

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. Julie S. Hamilton by phone at (804)436-4725 or by email or Mr. Justin T. Brown by phone at (804) 839-0574 or by email