NAO-2009-02654 / VMRC 26-V0740 (Riverport Heavy Lift & Dredge, Newport News, VA)

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 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.

APPLICANT:
River Port, LLC
c/o Jorge Rivera
1201 Terminal Avenue
Newport News, Virginia 23607

LOCATION OF PROPOSED ACTIVITY: The proposed activity would affect Waters associated with James River. The project is located at 1201 Terminal Avenue, at the River Port pier complex, at latitude and longitude: 36.932338 / -76.418762

PROPOSED ACTIVITY: The applicant proposes to construct a new heavy lift platform west of pier 14, two 30-foot by 20-foot concrete mooring dolphins at the ends of Pier 14 and Pier 15, along with 8.06 acres of new dredging -50’ MLW to create a channel leading from the federal channel to the lift and -60’ MLW where the lift will be installed.  Additionally, 730 linear feet of steel sheet pile will be installed to protect the existing seawall and western adjacent property, along with a 225 linear feet sheet pile toe wall along the property line separating River Port from Dominion Terminal Associates, to prevent the dredge grades from interfering with their property.

A copy of the application can be found on the Virginia Marine Resources Commission’s website  HERE.

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 performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, and the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project will have no effect on any threatened or endangered species or designated critical habitat. USACE will consider comments from this public notice, including any comments provided by the NMFS and/or USFWS, regarding the need to consult.

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). Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the USACE reviewed the project area, examined information provided by the applicant, and consulted available species information. The USACE’s preliminary review indicates that:

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would indirectly impact approximately 8 acres of silty sub-aqueous bottom. The effects of the project are determined to be minimal and temporary. These habitat(s) are utilized by the following species and their various life stages:

NAVIGATION: Based on the Virginia State Plane coordinates provided by the applicant, the waterward edge of the proposed work abuts the Newport News federal channel.

SECTION 408: The USACE Norfolk District Section 408 Coordinator has determined that the proposed project may require permission to alter a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408, (Section 408). Under Section 408, USACE has the authority to grant permission for temporary or permanent use, occupation or alteration of any USACE project as long as it is determined that the activity will not impair the usefulness of the project and will not be injurious to the public interest. Interested parties are hereby notified of this request for permission to alter the Newport News Federal Navigation Channel which will be evaluated by the Norfolk District Section 408 Program. Written comments, including any objections to the proposed alteration, stating reasons therefore, are being solicited from anyone having an interest in the requested alteration. Comments specific this Section 408 review should be submitted directly to the Section 408 Coordinator, Katy Damico at nao.section408@usace.army.mil and copied to the Regulatory contact noted in the Comment Period section below.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Virginia Department of Environmental Quality. The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 27, 2023, 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.

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.

The applicant has not submitted concurrence.

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 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. 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 13, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit comments to Matthew Wicks at matt.m.wicks@usace.army.mil or U.S. Army Corps of Engineers, Norfolk District, Attention: Matthew Wicks, 803 Front Street , Norfolk, Virginia 23510. Please refer to “NAO-2009-02654 VMRC# 26-V0740” in your comments.