Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Norfolk District has received an application for a Department of the Army (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344), Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408 (Section 408)). The purpose of this public notice is to solicit comments from the public and information necessary to evaluate the probable impact on the public interest regarding the proposed activity as described below and as shown on the enclosed drawings.
LOCATION OF PROPOSED ACTIVITY: The proposed activity would affect the Little Wicomico River, a tidal tributary of the Potomac River, near the entrance channel to the Little Wicomico River in Northumberland County, Virginia. The proposed dredging would occur within the existing navigation channel, and dredged material would be beneficially placed at two shoreline nourishment sites located south of the channel jetties. The approximate center of the project area is located at Latitude 37.8881485 and Longitude -76.2427827.
PROPOSED ACTIVITY: The applicant is requesting a Department of the Army permit to conduct maintenance dredging within approximately 2,588 linear feet of the existing Little Wicomico River navigation channel. Approximately 22,700 cubic yards of accumulated sand would be removed from an approximately 8.9-acre channel area using hydraulic and/or mechanical dredging methods to maintain navigational access.
The dredged material would be transported and beneficially placed at two shoreline nourishment sites located south of the channel entrance jetties. Approximately 58,000 square feet (1.33 acres) would be placed at Site 1 and approximately 32,400 square feet (0.74-acre) would be placed at Site 2, for a total placement area of approximately 90,400 square feet (2.08 acres).
The applicant's stated purpose is to maintain safe navigational access within the Little Wicomico River while beneficially reusing dredged material to enhance shoreline stability, reduce erosion, and improve coastal resiliency.
MITIGATION: The applicant has provided the following information to explain how impacts to waters of the United States associated with the proposed activity are to be avoided, minimized, and compensated for. The proposed activity involves maintenance dredging of an existing navigation channel and the beneficial use of dredged material for shoreline nourishment and stabilization. Dredged material would be beneficially placed at two shoreline placement areas to enhance shoreline stability, reduce erosion, and improve coastal resiliency. Sand fencing and native beach vegetation would be installed to promote stabilization of the placed material. The USACE will evaluate the need for compensatory mitigation and determine the type and amount, if any, necessary to offset losses of waters of the United States resulting from the proposed activity in accordance with 33 CFR § 332.
A copy of the application can be found on the Virginia Marine Resources Commission’s website: VMRC App: 20252813.
HISTORIC PROPERTIES/CULTURAL RESOURCES: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. § 306108), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officers to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.
The USACE is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government agencies with respect to historic resources.
The USACE’s final eligibility and effect determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes, and other interested parties, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the USACE-identified permit area.
ENDANGERED SPECIES: Section 7 of the Endangered Species Act (ESA) (16 U.S.C. § 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat (or critical habitat proposed such designation).
The USACE has reviewed the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) system, and applicable National Marine Fisheries Service (NMFS) resources. Based on this review, the USACE has preliminarily determined that the proposed project may affect, but is not likely to adversely affect (MANLAA), federally listed species and designated critical habitat.
NMFS-listed species and critical habitat identified within the action area include Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), shortnose sturgeon (Acipenser brevirostrum), loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochelys kempii), and leatherback sea turtle (Dermochelys coriacea), as well as designated Atlantic sturgeon critical habitat (Unit 2 – Potomac River). The USACE intends to utilize the Greater Atlantic Regional Fisheries Office (GARFO) ESA Section 7 Program Verification Form to complete ESA consultation with NMFS.
USFWS IPaC resources identified the proposed endangered tricolored bat within the vicinity of the project area. The proposed action consists of maintenance dredging and beneficial placement activities within aquatic and shoreline environments and would not result in the removal, modification, or degradation of suitable roosting, foraging, or maternity habitat for the species. Accordingly, the USACE has preliminarily determined that the proposed action is not likely to jeopardize the continued existence of the proposed tricolored bat. Therefore, conferencing pursuant to Section 7 of the ESA is not required and is not being initiated.
USFWS IPaC resources identified the proposed threatened monarch butterfly within the vicinity of the project area. The proposed action consists of maintenance dredging and beneficial placement activities within aquatic and shoreline environments and would not result in the removal, modification, or degradation of suitable monarch butterfly habitat, including milkweed host plants or nectar resources. Accordingly, the USACE has preliminarily determined that the proposed action is not likely to jeopardize the continued existence of the proposed monarch butterfly. Therefore, conferencing pursuant to Section 7 of the ESA is not required and is not being initiated.
USFWS IPaC resources identified the threatened northeastern beach tiger beetle within the vicinity of the project area. The USACE has preliminarily determined that the proposed activity may affect, but is not likely to adversely affect, the federally threatened northeastern beach tiger beetle. USFWS-provided survey information indicates that northeastern beach tiger beetles have not been documented within the action area. The proposed maintenance dredging and beneficial placement of compatible dredged material are not expected to result in the permanent loss, fragmentation, or degradation of beach habitat, nor are they expected to alter shoreline processes through downdrift erosion, reduced sediment accretion, or other changes that could adversely affect occupied or suitable habitat. Beneficial placement activities are intended to maintain and enhance existing shoreline conditions. Based on this analysis, adverse effects to the northeastern beach tiger beetle are not anticipated. The USACE has prepared a Species Conclusion Table (SCT) and self-certification package to initiate informal consultation with the USFWS through the issuance of this public notice.
This notice serves as a request to the USFWS and NMFS for any additional information regarding listed, proposed, or candidate species and designated or proposed critical habitat that may be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C. § 1855), requires 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).
This notice initiates the EFH consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The USACE's initial determination is that the proposed action may adversely affect EFH designated for the following federally managed species: bluefish, summer flounder, windowpane flounder, clearnose skate, Atlantic herring, and red hake.
Implementation of the proposed project would affect approximately 8.9 acres associated with maintenance dredging activities and approximately 2.08 acres associated with the beneficial placement of dredged material. The USACE anticipates any adverse effects to EFH would be temporary in nature and associated primarily with dredging and placement activities within previously disturbed aquatic habitats.
The project area is located within designated anadromous fish use waters for American shad, hickory shad, blueback herring, alewife, striped bass, and yellow perch. As part of permit review, a February 15 through June 30 time-of-year restriction may be incorporated as a permit condition to avoid and minimize impacts to anadromous fish species.
EFH within the project area may be utilized by bluefish (juvenile and adult), summer flounder (juvenile and adult), windowpane flounder (juvenile), clearnose skate (juvenile and adult), Atlantic herring (juvenile and adult), and red hake (eggs, larvae, juvenile, and adult life stages).
NAVIGATION: The proposed activity consists of maintenance dredging within the Little Wicomico River Federal Navigation Project and the beneficial placement of dredged material at shoreline placement areas adjacent to the navigation channel. Potential effects to navigation and the federally authorized navigation project will be evaluated during the permit review process.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408) because the activity, in whole or in part, would alter, occupy, or use a USACE Civil Works project. The applicable USACE Civil Works project is the Little Wicomico River Federal Navigation Project. It is managed by the Baltimore District.
WATER QUALITY CERTIFICATION: An Individual Water Quality Certification may be required from the Virginia Department of Environmental Quality (DEQ) and/or the Maryland Department of the Environment (MDE) pursuant to Section 401 of the Clean Water Act (33 U.S.C. § 1341).
COASTAL ZONE MANAGEMENT: 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 at eir@deq.virginia.gov 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/our-programs/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: bettina.rayfield@deq.virginia.gov.
NATIONAL WILD AND SCENIC RIVERS: There are no designated National Wild and Scenic Rivers in the State of Virginia.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the USACE jurisdiction has not been verified by USACE personnel.
EVALUATION: 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. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, Environmental Protection Agency (EPA), under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit and to allow alteration of a federally authorized project for this proposed activity. To make this determination, comments are used to assess impacts to 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 pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any comments or objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested permit. Please note that all comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Norfolk District will receive written comments on the proposed activity, as outlined above, until July 22, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs. The Corps point of contact for this project is Brittany Kopitsky (brittany.d.kopitsky@usace.army.mil).