Proposed Reissuance and Modification of the Norfolk District Regional Permit 22

Published Sept. 26, 2012
Expiration date: 10/26/2012

The Norfolk District proposes the reissuance and modification of the Regional Permit 22 (08-RP-22) that is scheduled to expire on Aug. 14, 2013.  Regional Permit 22 authorizes the following activities (“activities” or “projects”) within the Virginia portion of Lake Gaston, subject to strict compliance with all conditions and limitations further set out herein:

1. 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.

2. Construction and backfilling of bulkheads and placement of riprap along eroding shorelines for shoreline stabilization and erosion control.

3. Excavation of boat slips and channels (channelward of the normal high pool elevation) for recreational boating.

4.  Installation of submerged and aerial power lines and utility lines where U. S. Coast Guard requirements for aerial lines are met and where bottom elevations are restored to pre-project contours for submerged lines.

The intent of this authorization is to allow the public to construct the above listed structures in the waters of Lake Gaston provided they have only a minimal environmental impact.  The Norfolk District proposes to modify and reissue the Regional Permit 22 for five (5) years. The existing Regional Permit 22 can be found on our web site at The proposed changes to the RP-22 may be viewed on the attached document.

The proposed change to the RP-22 is intended to better streamline the process for applicants.  Whereas all activities in 08-RP-22 required notification to the Corps, 12-RP-22 allows certain activities to be non-reporting to the Corps as long as Dominion North Carolina Power has issued a permit.

AUTHORITY: Permits are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia.

FEDERAL EVALUATION OF APPLICATION: The decision whether to reissue this general permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed permitted 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 classification, 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 Regional Permit. 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 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. 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.

Preliminary review indicates that: (l) no environmental impact statement will be required; (2) no activity will be authorized by this permit that will jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or will destroy or adversely modify the critical habitat of such species. Projects which have an effect on any species of fish, wildlife or plant (or critical habitat) which is designated or proposed as endangered or threatened pursuant to Section 7 of the Endangered Species Act of 1973 (P. L. 93-305) will not qualify for this permit until the required procedures have been followed; and (3) known properties eligible for inclusion or included in the National Register of Historic Places located in or near the permit area, or that would likely be affected by the proposal will be properly coordinated with the Virginia Department of Historic Resources pursuant to the provisions of 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended, 16 U.S.C. 470f, and 33 CFR Part 325, Appendix C, Processing of Department of the Army Permits. Additional information might change any of these findings. For compliance with the Coastal Zone Management Act of 1972, as amended, the Corps must certify that federally licensed or permitted activities affecting Virginia's coastal zone (Tidewater) will be conducted in a manner consistent with the Virginia Coastal Resources Management Program (VCP). The Norfolk District will apply for Coastal Zone Management Act consistency via a separate request.

COMMENT PERIOD: Comments on this project should be made in writing, addressed to the

Norfolk District, Corps of Engineers
803 Front Street
Norfolk, Virginia 23510-1096

Comments should be received by the close of business on October 26, 2012.

PRIVACY & 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, please contact  Kimberly Prisco-Baggett via  at 757-201-7873 or



William T. Walker
Chief, Regulatory Branch