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. Maintenance dredging would occur within the existing federal navigation channel, dredged material would be beneficially placed along the shoreline south of the channel jetties, and repairs would be conducted to the existing jetty. The approximate center of the dredging area is located at Latitude 37.889021 and Longitude -76.239146. The approximate center of the beneficial use placement area is located at Latitude 37.887175 and Longitude
-76.237611.
REVISED PROPOSED ACTIVITY: The applicant continues to propose 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 approximately 8.9 acres of the existing navigation channel using hydraulic and/or mechanical dredging methods. The proposed dredging quantity and dredging footprint have not changed from the activity described in the June 22, 2026 public notice.
The applicant has revised the configuration of the beneficial use placement areas located south of the channel entrance jetties. While the general location of the beneficial use areas remains the same, portions of the placement area have been shifted and the overall placement footprint has increased from approximately 2.08 acres (90,400 square feet) to approximately 4.54 acres. The revised plans include approximately 69,336 square feet of fill below mean high water (MHW), a decrease of approximately 3,164 square feet from the approximately 72,500 square feet previously proposed. The upland portion of the placement area has increased from approximately 17,900 square feet to approximately 128,225 square feet to construct a larger dune system.
The revised proposal also includes repair of approximately 300 linear feet of the existing jetty. The proposed repair would include placement of riprap to raise the existing jetty crest from approximately +2.5 feet to +4.0 feet mean low water (MLW). This jetty repair was not included in the proposal described in the June 22, 2026 public notice.
The applicant's stated purpose remains 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 revised activity are to be avoided, minimized, and compensated for. The proposed activity continues to involve maintenance dredging of an existing navigation channel and the beneficial use of dredged material for shoreline nourishment and stabilization. Under the revised proposal, the overall beneficial use footprint would increase primarily through expansion of the upland portion of the placement area, while the proposed footprint of fill below MHW would decrease from approximately 72,500 square feet to approximately 69,336 square feet. Sand fencing and native beach vegetation would be installed to promote stabilization of the placed material. 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 and revisions 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.
USACE is evaluating the undertaking for effects to historic properties as required under Section 106. Consultation is ongoing, and the revised project information, including the reconfigured beneficial use placement areas and proposed jetty repair, will be incorporated into that review. This supplemental public notice also invites comments regarding potential effects to historic properties.
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), as appropriate, on actions that may affect federally listed species or designated critical habitat. Section 7 also requires Federal agencies to confer on actions that are likely to jeopardize the continued existence of species proposed for listing or result in the destruction or adverse modification of proposed critical habitat.
USACE reviewed the application, revised project information, the USFWS Information for Planning and Consultation (IPaC) system, and applicable NMFS resources to evaluate potential effects of the revised proposed action on federally listed and proposed species and designated critical habitat.
NMFS Species and 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).
Based on its review, USACE has determined that the revised proposed action may affect, but is not likely to adversely affect (MANLAA), these federally listed species and designated critical habitat. USACE has re-coordinated with NMFS regarding the revised proposed action and submitted a revised Greater Atlantic Regional Fisheries Office (GARFO) ESA Section 7 Program Verification Form to NMFS for review.
USFWS Species
USFWS IPaC resources identified the proposed endangered tricolored bat, proposed threatened monarch butterfly, and threatened northeastern beach tiger beetle within the vicinity of the project area.
The revised proposed action consists of maintenance dredging, beneficial placement of dredged material within aquatic and shoreline environments, and jetty repair. These activities would not result in the removal, modification, or degradation of suitable tricolored bat roosting, foraging, or maternity habitat. Accordingly, USACE has determined that the revised 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.
Similarly, the revised proposed action would not result in the removal, modification, or degradation of suitable monarch butterfly habitat, including milkweed host plants or nectar resources. Accordingly, USACE has determined that the revised 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.
For the threatened northeastern beach tiger beetle, previous survey information is not considered sufficient to determine current presence or absence within the action area. At the request of USFWS, the applicant provided additional information regarding existing habitat conditions, including ground photographs and sediment grain-size analysis. The grain-size analysis indicates average D50 values ranging from approximately 1.5 to 1.8 millimeters across the sampled transects, with individual D50 values ranging from approximately 1.40 to 2.22 millimeters and approximately 75 to 83 percent of the sampled material greater than 0.71 millimeters.
Based on review of the revised proposed action, sediment grain-size analysis, photographs, and other available habitat information, USACE has determined that the revised proposed action may affect, but is not likely to adversely affect, the northeastern beach tiger beetle with implementation of a May 15 through October 1 time-of-year restriction (TOYR). USACE has re-coordinated the revised proposed action with USFWS, including the revised project information, sediment grain-size analysis, photographs, and proposed TOYR. Coordination with USFWS is ongoing.
This supplemental public notice also serves as a request to USFWS and NMFS for any additional information regarding listed, proposed, or candidate species or designated or proposed critical habitat that may be affected by the revised proposed action.
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 National Marine Fisheries Service (NMFS) on actions authorized, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH).
USACE has determined that the revised proposed action may adversely affect EFH designated for bluefish, summer flounder, windowpane flounder, clearnose skate, Atlantic herring, and red hake. 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 red hake (eggs, larvae, juvenile, and adult life stages).
USACE anticipates that adverse effects to EFH would not be substantial and would be temporary in nature, associated primarily with dredging, beneficial placement, and jetty repair activities within previously disturbed aquatic and shoreline habitats. USACE has re-coordinated with NMFS regarding the revised proposed action as part of the ongoing EFH consultation.
The revised proposed action would continue to affect approximately 8.9 acres associated with maintenance dredging activities. The revised beneficial use placement would include approximately 69,336 square feet of fill below mean high water (MHW), a decrease from approximately 72,500 square feet previously proposed, as well as approximately 300 linear feet of jetty repair.
The project area is also located within designated anadromous fish use waters for American shad, hickory shad, blueback herring, alewife, striped bass, and yellow perch. As part of the permit review, a February 15 through June 30 time-of-year restriction (TOYR) may be incorporated as a permit condition to avoid and minimize impacts to anadromous fish species.
NAVIGATION: The proposed activity consists of maintenance dredging within the Little Wicomico River Federal Navigation Project, the beneficial placement of dredged material at shoreline placement areas adjacent to the navigation channel, and repair of approximately 300 linear feet of the existing jetty. Potential effects to navigation and the federally authorized navigation project will be evaluated during the permit review process.
SECTION 408: The proposed activity, in whole or in part, would alter, occupy, or use the Little Wicomico River Federal Navigation Project, a USACE Civil Works project managed by the Baltimore District. Permission under Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408) was previously issued for the original proposal. The revised project information, including the reconfigured beneficial use placement areas and proposed jetty repair, will be provided to the Baltimore District for review to determine whether additional or revised Section 408 authorization is required.
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 supplemental 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 regulations governing the Regulatory Program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within 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.
Comments previously submitted in response to the June 22, 2026 public notice remain part of the administrative record and do not need to be resubmitted.
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 September 9, 2026. All comments must be submitted in writing. To ensure a streamlined and timely review, 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 U.S. Army Corps of Engineers, Norfolk District, Fork Norfolk, 803 Front Street, Norfolk Virginia 23510-1011. Please refer to “NAO-2025-02108” in your comments. If you have any questions about this project, please reach the Northern Branch Regulator of the Day at 757-201-7834.