25B5002 - Appendix E - NMFS final BioP 2012.pdf

·'.S·

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

NORTHEAST REGION.

55 Great Republic Drive Gloucester, MA 01930-2276

OCT 1 6 2012

Mark T. Mansfield, Chief Planning and Policy Branch Department of the Amy Norfolk District, Corps of Engineers Fort Norfolk, 803 Front Street Norfolk, Virginia 23510-1096

Elizabeth Waring, Chief • ',1'

Operations Branch Department of the Amy Norfolk District, Corps of Engineers Fort Norfolk, 803 Front Street Norfolk, Virginia 23510-1096

Dear Mr. Mansfield and Ms. Waring, Please find enclosed a copy of the Biological Opinion on the effects of the following projects:

• Cape Henry Channel;

• York Spit Channel;

• . Rappahannock Shoal;

• York River Entrance Channel;

• Sandbridge Beach Nourishment and Hurricane Protection Project;

• Virginia Beach Hurricane Protection Project;

• Thimble Shoals Cha~n.el;

• Atlantic Ocean Channe1;r

• Norfolk Harbor Chanrtels;

• Craney Island Eastward Expansion; and,

• Dredged Material Disposal Areas: Dam Neck Ocean Disposal Site, Wolf Trap Alternate Placement Site, Rappahannock Shoal Deep Alternate Open Water Site, Craney Island Dredged Material Management Area, and, Norfolk Ocean Dredged MaterialDisposal Site.

This work will be carried out by the U.S. Army Corps of Engineers (USACE) or their contractors. Other Federal agencies with a role in authorizing, funding or carrying out the proposed actions are the Bureau of Ocean Energy Management, the u.s. Navy, and the U.s.

Environmental Protection Agency (EPA). The USACE, Norfolk District, is the lead Federal agency for this consultation. In this Opinion, we conclude that the proposed actions are likely to adversely affect, but not likely to jeopardize the continued existence of the Northwest Atlantic Distinct Populati~m Segment (DPS) ofloggerhead sea turtles, or Kemp's ridley, green or leatherback sea turtles or the threatened Gulf of Maine DPS of Atlantic sturgeon or the endangered New York Bight, Chesapeake Bay, Carolina or South Atlantic DPSs of Atlantic stUrgeon. We also· conclude that the proposed actions may affect but are not likely to adversely affect shortnose sturgeon, hawksbill sea turtles, or North Atlantic right, humpback or fin whales.

This Opinion replaces the following Opinions which are hereby withdrawn: Thimble Shoals and Atlantic Ocean Channel (April 25, 2002), Virginia Beach Hurricane Protection Project Thimble Shoals Surround and Atlantic Ocean' ~haIli1el Borrow Area (December 2, 2005), Cape Henry, York Spit, York River Entrance chanri~fand,R.appahanockShoals (July 24,2003), and Sandbridge Beach (April 2,1993, amended on Augu~t·20, 2001).

Our Opinion includes an Incidental Take Statement (ITS). Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

"Otherwise lawful activities" are those actions that meet all State and Federal legal requirements, including any state endangered species laws or regulations, except for the prohibition against taking in ESA Section 9. Under the terms of section 7(b)(4) and section 7(0)(2), taking that is incidental to and not intended as part of the agency action is not considered to be prohibited under the ESA provided that such taking is in compliance with the terms and conditions of this Incidental Take Statement. The ITS exempts the take of sea turtles due to entrainment in hopper dredges and capture in relocation trawls and exempts the take of Atlantic sturgeon due to entrainment in hopper and cutterhead dredges, capture in relocation trawls and capture in mechanical dredges. The take levels provided in the ITS cover the entire 50-year duration of the proposed action.

The ITS specifies reasonable and prudent measur7s necessary to minimize and monitor take of Atlantic sturgeon and listed sea turtles. The measures described in the ITS are non-discretionary and mustbe implemented for the exemption inse,ction 7(0)(2) to apply. USACE, as the lead Federal agency, has a continuing duty to regulate the ~ctivity covered by this ITS. If you (1) fail to assume and implement the terms and conditions eit'(2) fails to require your contractors to adhere to the terms and conditions of the ITS through enforceable terms that are added to permits and/or contracts as appropriate, the protective coverage of section 7(0)(2) may lapse. In order to monitor the impact of incidental take, you must report the progress of the action and its impact on the species to us as specified in the Incidental Take Statement [50 CFR §402.14(i)(3)] (See U.S. Fish and Wildlife Service and National Marine Fisheries Service's Joint Endangered Species Act Section 7 Consultation Handbook (1998) at 4-49);

This Opinion concludes formal consultation for the proposed action as currently defined.

Reinitiation ofthis consultation is required if: (1) the amount or extent of taking specified in the ITS is exceeded; (2) new information reveals effects of these actions that may affect listed species or critical habitat in a manner or to an extent not previously considered; (3) project activities are subsequently modified in a manner that causes an effect to the listed species that was not considered in this Opinion; or (4) anew species is listed or critical habitat designated that may be affected by the identified action.

Depending on the circumstances associated\.vith the cause for reinitiation, it may not be necessary to reinitiate consultation for all of the ~di:Ons considered here. For example, if a new species is listed that may be affected by dredging a'ctivities, it would likely be necessary to reinitiate consultation on all of the activities considered here. However, if the cause for reinitiation has effects that are limited to one action (for example, a: change in dredge type, dredge volume or disposal area), reinitiation of consultation on only that action would be necessary. We expect that determinations aboutthe scope of any future reinitiation(s) will be made in cooperation between the USACE and us.

Should you have any questions regarding this Opinion please contact Julie Crocker of my staff at

(978) 282-8480 or bye-mail (Julie.Crocker@noaa.gov). I look forward to continuing to work with you and your staff on issues related to listed species and Chesapeake Bay dredging projects.

Sincerely, Atol1ifK. Bullard Regional Administrator

;~', .f:~'

. ~,'c i' ec: Crocker - FINER3 O'Brien - FINER4 Underwood, Prohs - ACOE NAO

BOEM

EPA

Navy

File Code: Sec 7 ACOE Norfolk - Chesapeake Bay entrance 2012 PCTS: FINERl2012/01586

NATIONAL MARINE FISHERIES SERVICE

ENDANGERED SPECIES ACT

BIOLOGICAL OPINION

Action Agencies: Anny COIps of Engineers (USACE), Norfolk District (lead) USACE, Baltimore District Bureau of Ocean Energy Management U.S. Environmental Protection Agency U.S. Navy

Activity Considered: Maintenance of Chesapeake BayEntrance Channels and use of . sand borrow areas for beach nourishment

FINERl2012/01586

Conducted by: National Marine Fisheries Service Northeast Region

Date Issued: r .D Ie ~ / (-""L

Approved by:

TABLE OF CONTENTS

1.0 Introduction : : , 5

2.0 CONSULTATION HISTORY · ~ 5

2.1 Norfolk Harbor -- Thimble Shoalk and Atlantic Ocean Channel 6

2.2 Baltimore Harbor Entrance Channels and York River Entrance Channel 7

2.3. Sandbridge Shoal. , 7

2.4 ,Virginia Beach Nourishment and Hurricane Protection Project ~ 8

·2.5 Norfolk Harbor Channels· 8

2.6 Craney Island Eastward Expansion..: ~ 8

3.0 DESCRIPTION OF THE PROPOSED ACTION 8

3.1 Port of Hampton Roads Approach Channels - Thimble Shoals and Atlantic Ocean

Channel. 8

3.2 Port of Baltimore Approach Channels : : 10.

3.3 York River Entrance Channel Federal Navigation Project II

3.4 Virginia Beach Nourishment and Hurricane Protection Project ~ 12

3.5 Sandbridge Beach Nourishment and Hurricane Protection 13

8.0 EFFECTS OF THE ACTION

8.1 Hopper Dredge

8.2 Hydraulic Cutterhead Dredge

8.3 Mechanical Dredge

8.4 On Shore Dredged Material Disposal

8.5 Use of Offshore/Ocean Dredged Material Disposal Sites

8.6 Craney Island Eastward Expansion

8.7 Effects on Benthic Resources and Foraging

8.8 Dredge and Disposal Vessel Traffic

8.9 Unexploded Ordinance and Munitions of Concern

8.10 Bed Leveling Devices

8.11 Effects of relocation trawling as required by the Incidental Take Statement

9.0 CUMULATIVE EFFECTS

10.0 INTEGRATION AND SYNTHESIS OF EFFECTS

10.1 Atlantic sturgeon

10.1.1 Determination of DPS Composition

10.1.2 Gulf of Maine DPS

10.1.3 New York Bight DPS

10.1.4 Chesapeake Bay DPS

10.1.5 Carolina DPS

10.1.6 South Atlantic DPS

10.2 Green sea turtles

10.3 Leatherback sea turtles

10.4 Kemp’s ridley sea turtles

10.5 Northwest Atlantic DPS of Loggerhead sea turtles

11.0 CONCLUSION

12.0 INCIDENTAL TAKE STATEMENT

12.1 Amount or Extent of Incidental Take

12.2 Reasonable and prudent measures

12.3 Terms and conditions

13.0 CONSERVATION RECOMMENDATIONS

14.0 REINITIATION OF CONSULTATION

15.0 LITERATURE CITED

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

APPENDIX F

APPENDIX G

APPENDIX H

Appendix I

Appendix J

Appendix K

1.0 Introduction

This constitutes the biological opinion (Opinion) of NOAA’s National Marine Fisheries Service

(NMFS) issued pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as amended, on the effects of the following projects:

Cape Henry Channel;

York Spit Channel;

Rappahannock Shoal;

York River Entrance Channel;

Sandbridge Beach Nourishment and Hurricane Protection Project;

Virginia Beach Hurricane Protection Project;

Thimble Shoals Channel;

Atlantic Ocean Channel;

Norfolk Harbor Channels;

Craney Island Eastward Expansion; and, Dredged Material Disposal Areas: Dam Neck Ocean Disposal Site, Wolf

Trap Alternate Placement Site, Rappahannock Shoal Deep Alternate Open

Water Site, Craney Island Dredged Material Management Area, and, Norfolk Ocean Dredged Material Disposal Site.

This Opinion is based on information provided in the Biological Assessments (BA) dated April, May and July 2012, past consultations with the USACE Norfolk and Baltimore Districts and scientific papers and other sources of information as cited in this Opinion. We will keep a complete administrative record of this consultation at our Northeast Regional Office. This

Opinion replaces the following Opinions which are hereby withdrawn: Thimble Shoals and

Atlantic Ocean Channel (April 25, 2002), Virginia Beach Hurricane Protection Project –

Thimble Shoals Surround and Atlantic Ocean Channel Borrow Area (December 2,2005), Cape

Henry, York Spit, York River Entrance Channel and Rappahanock Shoals (July 24, 2003), and

Sandbridge Beach (April 2,1993, amended on August 20, 2001). Consultation was initiated on

May 23, 2012. A draft of the Reasonable and Prudent Measures and Terms and Conditions was sent to USACE on August 29, 2012. A complete draft of the Biological Opinion was provided to

USACE on September 28, 2012; comments were received on September 6 and October 4, 2012 and incorporated as appropriate.

2.0 CONSULTATION HISTORY

Consultation between USACE and NMFS on effects of dredging in the Chesapeake Bay navigation channels and borrow areas has been ongoing since the 1980s. We have completed numerous consultations, culminating in four separate Opinions, most of which have been reinitiated multiple times (see below for detailed history). In all of these Opinions we concluded that the proposed dredging was likely to adversely affect, but not likely to jeopardize any species of listed sea turtle and was not likely to adversely affect any species of listed whales. In

February 2012, we published two final rules listing five Distinct Population Segments (DPS) of

Atlantic sturgeon. The New York Bight, Chesapeake Bay, South Atlantic and Carolina DPSs are listed as endangered and the Gulf of Maine DPS is listed as threatened. Reinitiation of consultation is required if: “(a) the amount or extent of taking specified in the ITS is exceeded;

(b) new information reveals effects of these actions that may affect listed species or critical habitat in a manner or to an extent not previously considered; (c) any of the identified actions are subsequently modified in a manner that causes an effect to the listed species that was not considered in the Opinion; or (d) a new species is listed or critical habitat designated that may be affected by the identified actions” (50 CFR § 402.16).

The USACE prepared BAs to supplement the BAs prepared previously for the channels and dredged material disposal areas listed in Section 1.0. These BAs were submitted to us along with requests to reinitiate consultation and produce new Biological Opinions. Because the actions considered in these Opinions are similar, they take place in the same geographic area, and affect the same species in the same manner, we determined it would be most efficient to combine the analysis of effects of continued dredging of these channels and borrow areas in one consultation.

As such, while there are seven independent actions considered here (i.e., dredging Baltimore

Harbor Entrance Channels, York River Entrance Channel, Sandbridge Shoal, Virginia Beach

Nourishment, Port of Norfolk Entrance Channels, Norfolk Harbor Channels and Craney Island

Eastward Expansion), we are producing one Biological Opinion. This type of “multi-action” consultation is contemplated in the NMFS-USFWS Section 7 Consultation Handbook (see page

5-5). Below, we detail the consultation history for each of these activities.

In the future, reinitiation of consultation may be necessary (see 50 CFR§ 402.16). Depending on the circumstances associated with the cause for reinitiation, it may not be necessary to reinitiate consultation for all of the actions considered here. For example, if a new species is listed that may be affected by dredging activities, it would likely be necessary to reinitiate consultation on all of the activities considered here. However, if the cause for reinitiation has effects that are limited to one action (for example, a change in dredge type, dredge volume or disposal area), reinitiation of consultation on only that action would be necessary. We expect that determinations about the scope of any future reinitiation(s) will be made in cooperation between the USACE and us.

2.1 Norfolk Harbor -- Thimble Shoals and Atlantic Ocean Channel

Previous consultations for Thimble Shoals Channel regarding maintenance dredging operations were conducted on April 16, 1984, March 14, 1985, March 20, 1985, and March 10, 1986 and were concluded informally due to scheduling of dredging outside of the time of year when sea turtles would be present. Formal consultation for dredging activities in Thimble Shoals Channel

(TSC) and Atlantic Ocean Channel (AOC) was initiated on April 14, 1999; a biological opinion was issued on February 7, 2001. Consultation was re-initiated on March 30, 2001 to account for sand borrow for beach nourishment in Atlantic Ocean Channel and associated impacts to listed sea turtles and other listed species. An amendment to the February 7, 2001 BO was issued on

May 30, 2001. The Corps requested re-initiation of consultation on August 15, 2001 due to a change in the scope of the project; a revised biological opinion was issued on September 6, 2001.

On December 4, 2001, the Corps re-initiated consultation in regards to the 50-foot deepening of the Norfolk Harbor and Channels project which would require the removal of a total of up to 7.5 million cubic yards in the inner Norfolk Harbor and 5 million cubic yards of dredged material from TSC and AOC. We issued the most recent Biological Opinion on April 25, 2002. In this

Opinion, we concluded that the proposed dredging may adversely affect but is not likely to jeopardize the continued existence of any listed species. An ITS was included with this Opinion, exempting the lethal take of up to 18 loggerheads and 4 Kemp’s ridley during each dredge event and the non-lethal capture of an “unquantifiable” number of loggerheads and Kemp’s ridleys during each relocation trawling event.

2.2 Baltimore Harbor Entrance Channels and York River Entrance Channel

Formal consultation for dredging activities in Cape Henry Channel (CHC), York Spit Channel

(YSC), Rappahannock Shoal Channel (RSC), and York River Entrance Channel (YEC) was initiated on May 18, 1993. A biological opinion was issued on October 6, 1993.

Consultation was re-initiated on October 12, 2001 to account for greater dredging quantities, project durations, and associated impacts to listed sea turtles; a new Opinion was issued on

January 24, 2002. In letters dated January 15 and February 6, 2003, the Corps requested reinitiation of consultation as the exempted level of take was exceeded in 2002. A new Opinion was issued on July 24, 2003. In this Opinion, we concluded that the proposed dredging was not likely to jeopardize the continued existence of any listed species. An ITS was included with this

Opinion, exempting the annual lethal take of up to 18 loggerheads, up to 4 Kemp’s ridleys and 1 green, depending on the volume of material removed from the channels. The ITS also exempted the capture of up to 120 sea turtles (loggerhead, Kemp’s ridley and green) during each relocation trawling event. The ITS also exempted one lethal take of a loggerhead, Kemp’s ridley or loggerhead sea turtle during each relocation trawling event.

2.3 Sandbridge Shoal

Formal consultation for the use of the Sandbridge Shoal borrow area was initiated in May 1992.

A Biological Opinion was issued by NMFS on April 2, 1993. This Opinion was amended by letter issued August 20, 2001 to account for greater dredging quantities, project durations, and associated impacts to listed sea turtles. In 2007, USACE requested that we waive the requirement for 100% endangered species observer coverage for dredging planned for 2007.

This request was due to the presence of unexploded ordinance in the area to be dredged and the placement of screening on the dragheads. We granted that request by letter and determined that the use of UXO screening did not require reinitiation of the consultation. The 1993 Opinion, as amended in 2001, concluded that dredging in Sandbridge Shoal was not likely to jeopardize the continued existence of any species of whale or sea turtle. An ITS was included with the

Opinion, exempting the lethal take of five loggerhead sea turtles and one Kemp’s ridley or green sea turtle for each biennial dredge event. This consultation was reinitiated in 2012. In

September 2012, we issued a new Opinion on effects of proposed dredging at Sandbridge Shoal in 2012-2013 with placement of 1.5-2 million cubic yards of sand along Sandbridge Beach. We concluded that the proposed action was not likely to jeopardize any DPS of Atlantic sturgeon or any species of listed sea turtle. The ITS exempted the lethal take of six loggerheads and one

Kemp’s ridley or green and one Atlantic sturgeon from any of the five DPSs. Use of the

Sandbridge Shoal borrow areas requires coordination with the Bureau of Ocean Energy

Management (BOEM); the USACE was designated the lead agency for purposes of complying with ESA requirements per 50 C.F.R 5402.07 and served as the lead agency for biological consultation.

2.4 Virginia Beach Nourishment and Hurricane Protection Project

Formal consultation for dredging activities at the Thimble Shoals Surround borrow area (TSS) and the Atlantic Ocean Offshore borrow area (AOO) was initiated with the submittal of a BA by the USACE in January 2005. We issued a Biological Opinion on December 2, 2005. In this

Opinion, we concluded that the proposed dredging may adversely affect but is not likely to jeopardize the continued existence of loggerhead and Kemp’s ridley sea turtles and is not likely to adversely affect leatherback or green sea turtles or right, humpback or fin whales. An ITS was included with this Opinion, exempting the lethal take of 4 loggerheads and 1 Kemp’s ridley during each dredge event and the non-lethal capture of 45 sea turtles (loggerhead, Kemp’s ridley and green) during each relocation trawling event. The ITS also exempted one lethal take of a loggerhead, Kemp’s ridley or loggerhead sea turtle during each relocation trawling event.

2.5 Norfolk Harbor Channels

We previously considered effects of maintenance dredging and deepening of the Norfolk Harbor inner channels. These actions were considered in the Biological Opinion dated April 25, 2002 described in Section 2.1 above. In the Opinion, we determined that dredging in the inner channels was not likely to adversely affect any species of sea turtles because a hydraulic cutterhead or mechanical dredge would be used and these dredge types are not known to capture, injure or kill sea turtles.

2.6 Craney Island Eastward Expansion

Consultation between NMFS and USACE on the Craney Island Eastward Expansion project was completed informally in 2006. In a letter dated June 15, 2006, we concluded that the proposed action was not likely to adversely affect any species of sea turtle. This conclusion was based on the use of mechanical or hydraulic dredges for dredged material removal and the lack of benthic prey at the site.

3.0 DESCRIPTION OF THE PROPOSED ACTION

This Opinion considers the effects of future new work dredging, continued maintenance dredging, and sand borrow operations in several Federal navigation channels located in the

Chesapeake Bay and Atlantic Ocean as well as the use of three sand borrow areas. These activities are carried out by the USACE or the U.S. Navy and their contractors as independent actions as detailed below. Additionally, authorization with BOEM, in the form of a lease, is required for use of the Sandbridge Shoal borrow area. The U.S. EPA has regulatory authority over the designation of ocean disposal sites.

3.1 Port of Hampton Roads Approach Channels – Thimble Shoals and Atlantic Ocean

Channel

The Atlantic Ocean Channel (AOC) and Thimble Shoals Channel (TSC) make up the approach channels to the Port of Hampton Roads. These channels provide access for all ships calling on port facilities, naval bases, and shipyards in the Hampton Roads areas. All commercial tonnage entering and leaving the Port of Hampton Roads passes through these channels. The USACE

Norfolk District is responsible for maintaining these Federal navigation channels to ensure safe passage for all vessel traffic. In order to provide depths needed for safe navigation of larger vessels, maintenance dredging of these Federal navigation channels must occur before shoaling causes draft restrictions and/or other safety concerns. The location of TSC and AOC is depicted in Appendix A.

The proposed action involves continued ongoing sand borrow operations, maintenance and future new work dredging of the AOC and TSC and the use of the associated dredged material placement sites. The project includes the entire footprint of these channels and the shoals contained within each channel, plus the entire footprint of the associated dredged material placement sites. The AOC and TSC are preferred sand borrow sources for beach nourishment and port development projects in the Hampton Roads region. Projects that have historically used, or are proposing to borrow from, the TSC and AOC includes the Craney Island Eastward

Expansion, Virginia Beach Hurricane Protection Project, Willoughby Spit and Vicinity

Hurricane Protection Project, and JEB Fort Story Beach Replenishment Project (U.S. Navy).

The AOC and TSC normally require maintenance dredging every two to five years but dredging is typically located in distinct shoaled areas within the channels. These shoaled areas vary from year to year, but are often located along the toe of the channel. New work dredging may also occur when Congress authorizes and appropriates funding for channel improvements. The duration of dredging, the amount of material removed from each shoal, and the frequency in which each shoal is dredged is dependent on several factors. These factors include, but are not limited to environmental conditions, funding, whether it is new work or maintenance dredging, location, length of time after the last dredging cycle, time of year restrictions, availability of suitable dredge plant, emergencies, and others. It is important to note that the areas within the channel that are dredged during each cycle are relatively small in comparison to the total channel dimensions. The primary objective is to provide vessels with safe, navigable passage to the Port of Hampton Roads in support of commerce and national defense.

Atlantic Ocean Channel Federal Navigation Project

The Water Resources Development Act (WRDA) of 1986 authorized the AOC. WRDA authorized the USACE to construct the AOC as part of the Norfolk Harbor and Channels, Virginia. The AOC consists of a channel 11.1 miles long, 1,300 feet wide, and 60 feet deep located 3-4 miles east of the Thimble Shoal Channel, in the Atlantic Ocean at the mouth of the

Chesapeake Bay off the coast of Virginia Beach, Virginia. As part of the 50-foot inbound construction effort in 2006, the channel was deepened to provide for a depth and width of 52 feet and 1,300 feet, respectively. Although authorized to a depth of 60 feet, the channel has not been dredged past the current depth of 52 feet. The channel is currently maintained to full width and a depth of 52 feet to enable loaded colliers to transit the channel with ship drafts as great as 50 feet. The AOC is managed by the Norfolk District.

Thimble Shoal Federal Navigation Project

The TSC was authorized by the River and Harbor Act of August 8, 1917, and modified by the

River and Harbor Act of September 3, 1954, October 27, 1965, and the WRDA of 1986. The project consists of a channel 55 feet deep, 1,000 feet wide, and approximately 13.4 miles long between 55-foot contours and is located in the southern part of the Chesapeake Bay, just off the shoreline of the City of Norfolk and City of Virginia Beach. Deepening work for the Thimble

Shoal channel to -52 feet was completed in 2003. The Thimble Shoal Channel is managed by the

Norfolk District.

3.2 Port of Baltimore Approach Channels

Cape Henry Channel (CHC), York Spit Channel (YSC) and Rappahanock Shoals Channel (RSC) make up the Chesapeake Bay approach channels to the Port of Baltimore. All commercial tonnage entering and leaving the Port of Baltimore pass through these channels. The Norfolk

District maintains these Federal navigation channels in coordination with Baltimore District;

however, the budget for maintenance dredging of these channels is the responsibility of

Baltimore District.

In order to provide depths needed for safe navigation of larger vessels, maintenance dredging of these Federal navigation channels must occur before shoaling causes draft restrictions and/or other safety concerns. All of these channels and placement sites are depicted in Appendix A.

The proposed project involves continued ongoing maintenance dredging of the CHC, YSC and

RSC and the use of the associated dredged material placement sites. New work dredging may also occur when Congress authorizes and appropriates funding for channel improvements. The project includes the entire footprint of these channels and the shoals contained within each channel, plus the entire footprint of the associated dredged material placement sites. The CHC, YSC and RSC normally require dredging every two to five years; dredging is typically located in distinct shoaled areas within the channels and not through the entirety of the channel. These shoaled areas vary from year to year, but are often located along the toe of the channel. The duration of dredging, the amount of material removed from each shoal, and the frequency in which each shoal is dredged is dependent on several factors. These factors include, but are not limited to: environmental conditions, funding, location, degree of shoaling, time of year restrictions, availability of suitable dredge plant, navigation emergencies, and others.

Cape Henry Federal Navigation Project

The CHC was authorized under the River and Harbor Act of 1945 and Section 101 of the River and Harbor Act of 1970 as part of the Baltimore District - USACE 50-Foot Project. The River &

Harbor Act of 1945 authorized increasing the channel depth to 39 feet deep and 1,000 feet wide in the CHC and YSC in Virginia. The River and Harbor Act of 1970 authorized a uniform main channel 50 feet deep, and generally 800 (in Maryland) or 1,000 (in Virginia) feet wide through the Chesapeake Bay from the Virginia Capes to Fort McHenry in the Port of Baltimore, a distance of 175 miles. The CHC Federal Navigation Channel is a 1,000 foot wide channel approximately 4.7 nautical miles long located between the -50 foot contours at the entrance to the Chesapeake Bay just south of the Chesapeake Bay Bridge Tunnel. The Norfolk District in coordination with the Baltimore District maintains the CHC.

Rappahannock Shoal Federal Navigation Project

The RSC was authorized under Section 101 of the River and Harbor Act of 1970 as part of the

Baltimore District - USACE 50-Foot Project. The River and Harbor Act of 1970 authorized a uniform main channel 50 feet deep, and generally 800 (in Maryland) or 1,000 (in Virginia) feet wide through the Chesapeake Bay from the Virginia Capes to Fort McHenry in the Port of

Baltimore, a distance of 175 miles, which includes the RSC. Dredging of the initial phase reduced the channel widths in the RSC from 1,000 to 800 feet wide. The RSC is 50 feet deep, 800 feet wide and approximately 10.3 nautical miles long and traverses the Rappahannock Shoal from southeast to northwest. The Norfolk District in coordination with the Baltimore District maintains the RSC CHC.

York Spit Federal Navigation Project

The YSC was authorized to a depth of -37 feet under the River and Harbor Act of 1930. After

World War II, the River & Harbor Act of 1945 authorized increasing the channel depth to 39 feet deep and 1,000 feet wide in the CHC and YSC in Virginia. Finally, the YSC was authorized to -feet via Section 101 of the River and Harbor Act of 1970, as part of the Baltimore District -

USACE 50-Foot Project, which authorized a uniform main channel 50 feet deep, and generally

800 (in Maryland) or 1,000 (in Virginia) feet wide through the Chesapeake Bay from the

Virginia Capes to Fort McHenry in the Port of Baltimore, a distance of 175 miles. Dredging of the initial phase reduced the channel widths in the YSC from 1,000 to 800 feet wide. The YSC is

800 feet wide, -52 feet deep and is approximately 18.4 nautical miles long. The YSC is located between the -50 foot contours, just north of the Chesapeake Bay Bridge Tunnel and is maintained by the Norfolk District in coordination with the Baltimore District.

3.3 York River Entrance Channel Federal Navigation Project

The Norfolk District is responsible for maintenance dredging the YREC Federal Navigation

Project.

In order to provide depths needed for safe navigation of larger vessels, maintenance dredging of this Federal navigation channel must occur on or before shoaling causes draft restrictions and/or other safety concerns. The location of YREC is depicted in Appendix A.

The proposed project involves continued ongoing maintenance dredging of YREC and the use of the associated dredged material placement sites. New work dredging may also occur when

Congress authorizes and appropriates funding for channel improvements. The project includes the entire footprint of these channels and the shoals contained within each channel, plus the entire footprint of the associated dredged material placement sites. The YREC normally requires dredging every two to five years; dredging is typically located in distinct shoaled areas within the channel and not through the entirety of the channel. These shoaled areas vary from year to year, but are often located along the toe of the channel. The duration of dredging, the amount of material removed from each shoal, and the frequency in which each shoal is dredged is dependent on several factors. These factors include, but are not limited to: environmental conditions, funding, location, degree of shoaling, time of year restrictions, availability of suitable dredge plant, navigation emergencies, and others.

The YREC was first dredged in 1951 and 1952, when the natural entrance channel into the York

River was deepened by the USACE for the Department of the Navy. The original channel dimensions provided for a 39-foot deep channel at mean low water, 750 feet wide at the bottom, and approximately 11 miles long. There was no dredging of the YREC between 1952 and

1998. In 1995, the Chief of Engineers authorized the current project under Section 107 of the

River and Harbor Act of 1960. The YREC project consists of a channel 37 feet deep at mean lower low water (mllw), 750 feet wide at the bottom, and approximately 23 miles long. New work was authorized in 1995, and the channel was dredged to its current dimensions in

1999. The channel begins at the 38-foot contour in the Chesapeake Bay and ends at a point adjacent to the piers at the Yorktown U.S. Naval Weapons Station, approximately 8 miles above the river mouth.

3.4 Virginia Beach Nourishment and Hurricane Protection Project

The Virginia Beach Hurricane Protection Project is conducted under authority of the WRDA of

1986, as modified by the WRDA of 1992 and 1996. The project was authorized in Section 102 of the WRDA of 1992 (Public Law [P.L.] 102-580) as amended in 1996, and is funded by the

Federal Government and the city of Virginia Beach, Virginia, acting as the project's non-Federal sponsor.

The hurricane protection site is located at Cape Henry, Virginia Beach, Virginia, as generally described in the "Beach Erosion Control and Hurricane Protection Study Virginia Beach, Virginia General Reevaluation Report Main Report and Appendices," dated September 1993 and revised January 1994, and approved by the Assistant Secretary of the Army for Civil Works on

February l, l994, and as further defined by Draft plans and Specifications which are incorporated herein by reference. The authorized duration of the initial project of hurricane protection is 50 years, including initial construction and periodic nourishment. Sand to be placed at the hurricane protection site may be obtained from Federal navigation channels or the Thimble Shoals Channel

Borrow Area (TSS) and the Atlantic Ocean Channel Borrow Area (AOO). The location of these borrow areas are illustrated in Appendix A.

The TSS area is a rectangle surrounding a short reach of the Thimble Shoals Channel located in the lower Chesapeake Bay between deep water in Hampton Roads and the Atlantic Ocean. It is approximately 2 miles off the Chesapeake Bay shoreline, with its western terminus approximately 5,400 feet east of the Chesapeake Bay Bridge Tunnel. The TSS is about 5,700 feet in length and approximately 1,200 feet wide, totaling about 19,60 acres. Depths in the area range from about 35 to 50 feet and do not include the Thimble Shoals Channel.

The AOO area is roughly triangular in shape and is located between the 3-mile limit and just outside the 3-mile limit off Cape Henry, Virginia. It encompasses about 9,253 acres and extends southeasterly from a point due east of the Cape Henry lighthouse and in the direction of the continental slope. It is bounded to the east by the Atlantic Ocean Channel deepwater route east of the Virginia Beach oceanfront. This borrow site does not include any section of the Atlantic

Ocean Channel deepwater route. This borrow site is located about 5 miles from the TSS borrow area.

Maintenance of the hurricane protection project will require that approximately 1,000,000 cubic yards (cy) of sand be dredged and placed on the beach during the initial maintenance, with an additional 2,000,000 cy to be dredged and placed every 3 to 4 years.

The maintenance borrow activities may be rotated among these sites over the 50-year period.

Approximately 12.5 million cy of sand may be dredged and used for beach nourishment over the

50-year period, with approximately 8.125 MCY (66%) of the volume to be removed from

Atlantic Ocean Channel and Thimble Shoals Channel. The remaining 4.375 MCY is likely to be removed from the AOO and TSS. Dredging will be accomplished via hopper dredge, although there is a possibility that a hydraulic cutterhead dredge may be used in the AOO. Dredged beach-quality sand may be placed on the site by means of hydraulically pumping from the dredging site directly to the beach via a hydraulic dredge and pipeline, if the sand source is less than 2 miles from the beach; or, if the sand source is more than 2 miles from the beach, a hopper dredge may be used.

3.5 Sandbridge Beach Nourishment and Hurricane Protection

The Advanced Engineering and Design Study for Beach Erosion and Hurricane Protection at

Virginia Beach, Virginia, including Sandbridge Beach, was authorized by Section 1(a) of the

Water Resources Development Act of 1974 (Public Law 93-251, 93'd Congress, H.R. 10203.7

March 1974). The applicable portion of the authorizing act is as follows:

"Sec. I (a) The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to undertake the Phase I Design Memorandum stage of advanced engineering and design of the following multi-purpose water resources development projects, substantially in accordance with, and subject to the conditions recommended by the Chief of Engineers in the reports here in after designated."

Middle Atlantic Coastal Area

"The project for hurricane-flood protection at Virginia Beach, Virginia: House Document

Numbered 92-365, at an estimated cost of 8,954,000 (1974 dollars)."

BOEM will authorize the use of sand from an OCS sand borrow area for the project under the

OCS Lands Act, 43 U.S.C. §1337(k). In 1994, OCSLA was amended to allow BOEM to convey, on a noncompetitive basis, the rights to OCS sand, gravel, or shell resources for use in a program for shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, State, or local government agency (43 U.S.C.§ 1337(k)(2)(A)(i)). An agreement will be negotiated between BOEM, the USACE Norfolk District, and the City of Virginia Beach for the dredging and relocation of the sand.

The beach nourishment will occur along a five mile stretch of the Sandbridge Beach between

Back Bay NWR at the southern most extent (36.698017 N, -75.924196 W-WSG84 datum) and the U.S. Naval Fleet Anti-Air Warfare Training Center at the northern most extent (36.760823 N,

- 75.948829 W) along the beach. The borrow areas (A and B) are located about three miles offshore at Sandbridge Shoal perpendicular to the beach nourishment reach (Appendix A). A no dredging zone separates the two borrow areas to protect underground cable lines. The coordinates for these borrow areas start at the three miles state waters boundary from east to west and are approximate as follows:

Area A: 36.7396 N, - 75.8762 W; 36.7235 N, - 75.8315 W

Area B: 36.7638 N, - 75.8860 W; 36.7537 N, - 75.8387 W

The proposed action would involve beach nourishment at the Sandbridge oceanfront, an area approximately 5 miles long and 725 feet wide (as illustrated in Appendix A). The specific beach area covered extends from the U.S. Naval Fleet Anti-Air Warfare Training Center at Dam Neck to the north to Back Bay National Wildlife Refuge (NWR) to the south. The project dimensions include a 50-foot wide berm at an elevation of 6 feet North American Vertical Datum (NGVD) with a foreshore slope of approximately 1:20 (one vertical value to 20 horizontal) for a distance of approximately 5 miles. The designated borrow area is Sandbridge Shoal (Appendix A), located approximately 3 nautical miles from the shoreline, outside of Virginia's territorial sea.

There are two selected borrow areas within Sandbridge Shoal, Area B to the north and Area A to the south; depths range from 30 to 65 feet. The area between the two borrow areas is restricted due to the presence of a buried Navy submarine communications cable. Beach quality sand would most likely be removed by trailing suction hopper dredge with the possibility of using a hydraulic pipeline dredge (i.e. cutterhead).

The hopper dredge is a self-propelled vessel equipped with trailing suction dragheads and a hopper that collects sand. When the hopper is full, material is transported to a pump-out buoy located offshore. The material would then be pumped through a pipeline, which runs along the ocean floor, and up onto the beach where bulldozers and graders will distribute the sand. There are known ordinance issues located within the Sandbridge Shoals area, UXO screening will be required for this action. This is due to training operations at the U.S. Naval Fleet Anti-Air

Warfare Training Center at Dam Neck. Ordinances have been found in earlier dredging actions for this on-going project.

A hydraulic pipeline dredge uses a cutterhead to loosen or dislodge sediments to hydraulically capture the material. The sluried sediment is transported through a pipeline to the placement site.

Because pipeline dredges pump directly to the placement site, they can operate continuously and can be very productive, and cost efficient. Once the material is placed on the beach similar construction methods are used to distribute the material properly.

USACE states the purpose of the proposed action is to provide protection from erosion induced damages including limited protection to the beach and to residential structures from storm damage. Several alternatives were considered in the feasibility phase of the project including structural, non-structural and a no action alternative. Neither one nor a combination of the other alternatives discussed provided an acceptable solution in terms of feasibility and/or economics, environmental, and technical concerns, to the existing beach erosion and hurricane protection needs; and, thus were eliminated from further consideration as viable solutions to coastal erosion and storm problems at Sandbridge Beach.

As previously mentioned, the proposed action will utilize either a hopper style dredge or a hydraulic pipeline dredge to borrow beach quality sand from authorized sites along Sandbridge

Shoals to renourish the beach at Sandbridge Beach via the placement of dredged material onto the beach.

3.6 Norfolk Harbor Channels

The Norfolk Harbor Channels are part of the larger Port of Hampton Roads complex and include the deep draft channels in the Elizabeth River and Hampton Roads. Portions of the Norfolk

Harbor project have been authorized and modified by the Rivers and Harbors Act of July 5, 1884, 2 March 1907, 25 June 1910, 4 March 1913, 8 August 1917, 3 March 1925, 30 August

1935, 2 March 1945, 24 July 1946, 30 June 1948, 3 September 1954, 27 October 1965, the Flood

Control Act of 1965, and the WRDA of 1986. The authorized project includes the following:

• A channel 55 feet deep over its 800 to 1,500-foot width from the 55-foot contour in

Hampton Roads to Lamberts Point (Norfolk Harbor Channel - Sewells Point to Lamberts

Bend);

• Sewells Point Anchorages and 50-foot Anchorages;

• A channel 55 feet deep and 800 feet wide from Norfolk Harbor Channel in Hampton

Roads to Newport News (Channel to Newport News);

• Newport News Anchorages;

• A channel 45-feet deep over its 375 feet to 750-foot width from Lamberts Point to the

N&W Railroad Bridge (Norfolk Harbor Channel - Lamberts Bend to Paradise Creek);

• A channel 40-feet deep over its 250 to 500-foot width to the U.S. Routes 460 and 13

Highway Bridge (Norfolk Harbor - Southern Branch Channel); hence a channel 35-feet deep over its 250 feet to 300 feet width to a point 0.8-mile above Interstate 64 high level bridge;

• A channel 25-feet deep over its 200 feet to 500 feet width from the junction with the

Southern Branch of the Elizabeth River to the N&W Railroad Bridge on the Eastern

Branch of the Elizabeth River (Norfolk Harbor – Eastern Branch Channel);

• A channel 18 feet deep over its 150 feet to 300 feet width and 1.72 mile length on the

Western Branch of the Elizabeth River (Norfolk Harbor – Western Branch Channel);

• A channel 12 feet deep, 100 feet wide, and 0.73 mile in length in Scotts Creek (Norfolk

Harbor – Scotts Creek Channel);

• Craney Island Dredged Material Management Area (CIDMMA) consist of a 2,500 acre upland confined disposal facility for the placement of navigation related dredged material from Norfolk Harbor and adjacent waters.

The Norfolk District is responsible for maintaining these Federal navigation channels and anchorages to ensure safe passage for all vessel traffic. A specific description of the channel reaches, anchorages, and dredged material placement sites serving the greater port of Hampton

Roads follows and is depicted in Appendix A.

The Norfolk Harbor Channels provide access for all ships calling on port facilities, naval bases, and shipyards in the Hampton Roads area. All commercial tonnage entering and leaving the Port of Hampton Roads passes through one or more of these channels. The Norfolk District is responsible for maintaining these Federal navigation channels to ensure safe passage for all vessel traffic utilizing the port. In order to provide depths needed for safe navigation of larger vessels, maintenance dredging of these Federal navigation channels must occur before shoaling causes draft restrictions and/or other safety concerns. The proposed project activity will involve ongoing maintenance and future new work dredging of the Norfolk Harbor channels and the use of the associated dredged material placement sites. The project includes the entire footprint of these channels and the shoals contained within each channel, plus the entire footprint of the associated dredged material placement sites. Portions of these channels require maintenance dredging annually, but dredging is typically located in distinct shoaled areas within the channels.

The duration of dredging, the amount of material removed from each channel reach and the frequency in which each shoal is dredged is dependent on several factors. These factors include, but are not limited to: new work dredging (deepening) to authorized depths, environmental conditions and windows, funding, location, length of time after the last dredging cycle, availability of suitable dredge plant, emergencies, and others. It is important to note that the areas within the channel that are maintenance dredged during each cycle are relatively small in comparison to the total channel dimensions. However, new work dredging projects that are initiated to deepen navigation channels to Congressionally-authorized depths involve dredging a large part of the channel to establish required channel depths. The amount of dredged material removed during a period of new work construction (deepening) may significantly exceed average maintenance dredging volumes. However, this may also be dependent on how Congress funds the project for the fiscal year. The primary objective of maintenance and new work dredging is to provide vessels with safe, navigable passage to the Port of Hampton Roads in support of commerce and national defense.

Norfolk Harbor Channel - Sewells Point to Lamberts Bend

The Norfolk Harbor Channel Sewells Point to Lamberts Bend consists of a channel 55-feet deep and 800 feet to 1,500 feet in width from the 55-foot contour in Hampton Roads near the

Hampton Roads Bridge-Tunnel to Lamberts Bend a distance of approximately 8.0 miles. The channel is currently maintained to a depth of 50 feet.

Norfolk Harbor Channel - Lamberts Bend to Paradise Creek

The Norfolk Harbor Channel Lamberts Bend to Paradise Creek consists of a channel 45 feet deep and 350 feet to 750 feet in width from Lamberts Bend to Paradise Creek near the N&W

Railroad Bridge. This channel is located in the main stem and southern branch of the Elizabeth

River from Lamberts Bend to Paradise Creek in the cities of Norfolk, Portsmouth, and

Chesapeake. The channel is maintained to a depth of 50 feet from Lamberts Bend to the U.S.

Navy Deperm Station and a depth of 47 feet from The U.S. Navy Deperm Station to the Norfolk

Naval Shipyard. These depths are to provide safe navigation for an aircraft carrier corridor for naval vessels accessing the shipyard. This element may be maintained by the U.S. Navy or

USACE with military construction funding. The remaining channel from the Norfolk Naval

Shipyard to Paradise Creek at the N&W Railroad Bridge is currently maintained to a depth of 40 feet.

Norfolk Harbor - Southern Branch Channel

The Norfolk Harbor - Southern Branch Channel consists of a channel 40 feet deep and 250 feet to 500 feet wide from the Norfolk Southern Railway Bridge to the U.S. Routes 460 and 13

Highway Bridge; thence 35 feet deep and 250 to 300 feet wide to a point 0.8 miles above the

Interstate 64 high level bridge. The channel is located from the Norfolk and Western Railroad

Bridge at Paradise Creek to the turning basin at Newton Creek and then to a point 0.8-mile above

Interstate 64 high level bridge. The project includes a turning basin at the mouth of St. Julians

Creek, 40 feet deep, 400 to 600 feet long, and 800 feet wide; a turning basin not yet constructed at the mouth of Milldam Creek, 40 feet deep and 800 feet square; a turning basin at the mouth of

Newton Creek 35 feet deep and 600 feet square; and a turning basin at the mouth of Mains

Creek, the upstream bend of the project, 35 feet deep and 800 feet square. All 40-foot features authorized by the 1986 WRDA have not yet been constructed. The Southern Branch Channel is currently maintained to a depth of 35 feet.

Norfolk Harbor – Eastern Branch Channel

The Eastern Branch Channel is located at the junction of the Elizabeth River main stem, southern branch, and eastern branch and extends 2.5 miles upstream in the eastern branch of the Elizabeth

River.The Norfolk Harbor – Eastern Branch Channel consists of a channel 25 feet deep and 500 feet wide from the junction of the Elizabeth River branches to the N&W Railroad Bridge, from the N&W Railroad Bridge a channel 25 feet deep and 300 feet wide to the Campostella Bridge, thence a channel 25 feet deep and 200 feet wide to the N&W Railroad Bridge (formerly

Virginian), including…