6. US Army Corps of Engineers Permit.pdf

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NORFOLK DISTRICT

FORT NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

September 19, 2024

Eastern Virginia Regulatory Section NAO-2024-00400 / VMRC# 24-V0273 (Oyster Harbor)

Northampton County Public Works C/O Chris Thomas PO Box # 66 Eastville, VA 23347

Dear Mr. Thomas:

This is in reference to the Department of the Army application (NAO-2024-00400 / VMRC# 24-V0273) you submitted to install a 10’ wide 100’ long fishing pier with a 10’ by 95’ L-head. Approximately (50) 8-10” timber piles would be installed. The purpose of this project is to increase the recreational utility of the site by providing access for fishing. All work will be performed at 21209 Crumb Hill Road in Oyster, Virginia. Your proposed project as described above and depicted on attached drawings entitled “Oyster Fishing Pier,” dated 1/26/2024 and stamped as received by our office on 2/2/2024 satisfies the terms and conditions of Norfolk District’s State Programmatic General Permit for piers, aquaculture, shoreline, dredging, and other activities (23- SPGP-PASDO), Category B. For Category B, permittees must also obtain authorization from the Virginia Marine Resources Commission (VMRC), Virginia Department of Environmental Quality (VDEQ), and/or a Local Wetlands Board by permit, rule, or regulation prior to commencing work in Waters of the U.S. Private piers for noncommercial purposes that qualify for the statutory authorization found in Section 28.2-1203(A)5 of the Code of Virginia (no permit required from the VMRC) are covered under Category B. Provided that you follow the general and permit specific conditions of the 23-SPGP-PASDO and any additional special conditions that have been included below, no further authorization will be required from the Corps.

IF THE STATE OR LOCAL WETLAND BOARD DOES NOT AUTHORIZE THE

PROPOSED ACTIVITY THIS IS A PROVISIONAL NOTIFICATION THAT A 23-SPGP-

PASDO CATEGORY C AUTHORIZATION IS REQUIRED and you (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 Virginias’ coastal zone management program (Virginia CZM program) and obtain concurrence from the DEQ, office of environmental impact review (OEIR). It is YOUR responsibility to submit a consistency certification to the OEIR for concurrence or objection, and proof of concurrence must be submitted to the Corps prior to final permit authorization. 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.

Special Conditions:

1. Attached is your 408 permission letter (33 USC 408). Any conditions of the 408 permission letter are also special conditions of this permit.

The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

Incidents where any individuals of sea turtles, Atlantic sturgeon, or any species listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this RP shall be reported to NOAA Fisheries, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the Norfolk District of the U.S. Army Corps of Engineers at 757-201-7652. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries, Office of Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

If you suspect that your project may result in purposeful take of migratory birds, contact the U.S. Fish and Wildlife Service Migratory Bird Program at PermitsR5MB@fws.gov. If you are interested in voluntarily reducing impacts to migratory birds and their habitats, please consult https://fws.gov/birds/managment/project-assessment-tools-and-guidance/conservation-measures.php for conservation measures.

Please note that you should either obtain a U.S. Fish and Wildlife Service (FWS) bald eagle take permit or a letter of concurrence from FWS indicating that a permit is https://www.deq.virginia.gov/our-programs/environmental-impact-review/federal-consistency https://www.deq.virginia.gov/our-programs/environmental-impact-review/federal-consistency mailto:bettina.rayfield@deq.virginia.gov not necessary prior to initiating construction activities. You should contact Thomas Wittig concerning this matter at 413-253-8577 or Thomas_wittig@fws.gov.

Enclosed is a "compliance certification" form, which must be signed and returned within 30 days of completion of the project. Your signature on this form certifies that you have completed the work in accordance with the regional permit terms and conditions.

Unless suspended or revoked, the 23-SPGP-PASDO will be in effect until September 4, 2028. Activities which have commenced (i.e., are under construction) or are under contract to commence construction in reliance upon 23-SPGP-PASDO will remain authorized provided the activity is completed within 12 months of the date of this 23-SPGP-PASDO’s expiration of September 4, 2028, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 325.7(a-e). Activities qualifying for this extension that are not complete by September 4, 2029, must apply for new general and/or individual Corps permit authorization. Activities which have NOT commenced and are NOT under contract to commence construction by the September 4, 2028, expiration require a new general and/or individual Corps permit authorization.

The State Water Control Board provided unconditional §401 Water Quality Certification (WQC) for this 23-SPGP-PASDO. Therefore, the activities that qualify for this 23-SPGP-PASDO meet the requirements of the VDEQ Virginia Water Protection Permit Regulation, provided that you abide by the conditions of this 23-SPGP-PASDO.

You will not be required to obtain a separate §401 WQC from VDEQ. This authorization does not relieve your responsibility to comply with local requirements pursuant to the Chesapeake Bay Preservation Act (CBPA), nor does it supersede local government authority and responsibilities pursuant to the Act. You should contact your local government before you begin work to find out how the CBPA applies to your project.

Pursuant to the Coastal Zone Management Act (CZMA) of 1972, the VDEQ Virginia Coastal Zone Management Program (VCP) completed its review of the Federal Consistency Determination (FCD) for this SPGP-PASDO on June 6, 2023 and provided conditional concurrence that Category B authorizations under the 23-SPGP-PASDO are consistent with the VCP. Authorizations under this 23-SPGP-PASDO do not supersede State or local government authority or responsibilities pursuant to any State or local laws or regulations.

In granting an authorization pursuant to this permit, the Norfolk District has relied on the information and data provided by the permittee. If, subsequent to notification by the Corps that a project qualifies for this permit, such information and data prove to be materially false or materially incomplete, the authorization may be suspended or revoked, in whole or in part, and/or the Government may institute appropriate legal proceedings. Please note that you should obtain all required State and local authorizations before you proceed with the project.

If you have any questions and/or concerns about this permit authorization, please contact Moira Meehan via telephone at (757) 708-3055 or via email at moira.e.meehan@usace.army.mil.

Sincerely, Peter Kube, Chief Eastern Virginia Regulatory Section

Enclosure(s)

Cc: Agent Virginia Marine Resources Commission

U.S. Army Corps Of Engineers Norfolk District

CERTIFICATE OF COMPLIANCE

WITH

ARMY CORPS OF ENGINEERS PERMIT

Permit Number: NAO-2024-00400

VMRC Number: 24-V0273

Corps Contact: Moira Meehan

Permittee Name: Northampton County Department of Public Works C/o Chris Thomas

Date of Verification: September 19, 2024

Permit Type: 23-SPGP-PASDO

Within 30 days of completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification, and return it to the following address:

US Army Corps of Engineers - Norfolk District

CENAO-WR-R

Attn: Moira Meehan 803 Front Street Norfolk, VA 23510-1011

Or scan and send via email to moira.e.meehan@usace.army.mil

Please note that your permitted activity is subject to a compliance inspection by a U.S.

Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of the said permit and required mitigation has been completed in accordance with the permit conditions.

Signature of Permittee Date

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NORFOLK DISTRICT

FORT NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

SUBJECT: Final Section 408 Permission for Section 408 Request ID Number 408-NAO-2024-0047 and DA Application No. NAO-2024-00400, Northampton County Oyster Fishing Pier

Mr. Chris Thomas Northampton County Public Works and Operations P.O. Box 66 Eastville, VA 23347

Dear Mr. Thomas:

The U.S. Army Corps of Engineers, Norfolk District (USACE) has completed the review of your request for the construction of a public fishing pier, Oyster Fishing Pier, along the northside of the turning basin of Oyster Channel at 21209 Crumb Hill Road, Oyster, Virginia. The proposed fishing pier may alter a portion of the Oyster Channel Federal Navigation Project operated and maintained by USACE. Pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408 (Section 408), you must obtain approval to alter a USACE Civil Works project (USACE project). This evaluation was performed consistent with Engineer Circular (EC) 1165-2-220, dated 10 September 2018.

The Norfolk District Regulatory Branch is concurrently processing a Department of the Army (DA) permit application (DA Application No. NAO-2024-00400) for authorization pursuant to Section 10 of the Rivers and Harbors Act (RHA) (33 U.S.C. §

403) and/or Section 404 of the Clean Water Act (33 U.S.C. § 1344) via the State Programmatic General Permit (SPGP) - Piers, Aquaculture, Shoreline, Dredging, Other

(PASDO) (23-SPGP-PASDO).

Based on this Section 408 evaluation and subject to the final DA permit authorization, the Norfolk District grants permission to alter the USACE project, as specified in your request and subject to compliance with the project specific special terms and conditions below and standard terms and conditions, as specified in EC Appendix K, enclosed. These conditions ensure the alteration is not injurious to the public interest; does not impair the usefulness of the USACE project; and/or are included for environmental compliance purposes.

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Section 408 Permission Project Specific Special Terms and Conditions:

a. You must ensure that no vessels or other obstructions are temporarily or permanently moored on the channelward side of the public fishing pier that results in any additional encroachment towards the federal project channel beyond the approved project footprint as depicted on the enclosed approved project plans.

b. You must have the final fishing pier surveyed by a professional engineer or surveyor, licensed in the Commonwealth of Virginia, within 60 days of construction being complete, to verify that fishing pier does not encroach into the federal channel, as depicted on the enclosed approved project plans. A digital copy of the survey shall be provided via email to the Section 408 Coordinator at nao.section408@usace.army.mil and copied to Michael Anderson, Chief, Design Section, Operations Branch, at Michael.L.Anderson@usace.army.mil and the Section 408 Team Lead, Katy Damico, at Katy.R.Damico@usace.army.mil.mil.

c. You must install and maintain all safety lights and signals prescribed by the U.S.

Coast Guard, through regulations or otherwise, at your expense on all authorized structures. You may contact the USCG Sector Virginia via email at VirginiaWaterways@uscg.mil or via telephone at (757) 668-5580 for more information on safety light and signal requirements.

For any questions regarding this Section 408 permission decision, please contact the Section 408 Team Lead, Katy Damico, via email at Katy.R.Damico@usace.army.mil or via telephone at (757) 201-7670.

Sincerely, Keith B. Lockwood Chief, Water Resources Division

Enclosures

USACE Operations Branch / Section 408 Received by: KRD

Date: 25 JUN 2024

408-NAO-2024-0047 - SECTION 408 PERMISSION - ENCLOSURE

ENCLOSURE

Section 408 Permission Standard Terms and Conditions

Pursuant to Engineer Circular 1165-2-220 (10 September 2018), Appendix K, the following standard conditions must be included in all Section 408 approval notifications (i.e., permissions).

The Requester is responsible for compliance with these standard terms and conditions in addition to any project specific special conditions specified in the Section 408 permission letter, above, or be subject to potential enforcement action.

LIMITS OF THE AUTHORIZATION

1. This permission only authorizes you, the requester, to undertake the activity described herein under the authority provided in Section 14 of the Rivers and Harbors Act of 1899, as amended (33 USC 408). This permission does not obviate the need to obtain other federal, state, or local authorizations required by law. This permission does not grant any property rights or exclusive privileges, and you must have appropriate real estate instruments in place prior to construction and/or installation.

2. The time limit for completing the work authorized ends on the expiration date of the associated Department of the Army permit verification (SPGP-PASDO) (DA Application No.

NAO-2024-00400). If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

3. Without prior written approval of the USACE, you must neither transfer nor assign this permission nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this permission. Failure to comply with this condition will constitute noncompliance for which the permission may be revoked immediately by

USACE.

4. The requester understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or an authorized representative, said work will cause unreasonable conditions and/or obstruction of USACE project authorized design, the requester will be required upon due notice from the USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim can be made against the United States on account of any such removal or alteration.

INDEMNIFICATION AND HOLD HARMLESS

1. The United States will in no case be liable for:

a. any damage or injury to the structures or work authorized by this permission that may be caused or result from future operations undertaken by the United States, and no claim or right to compensation will accrue from any damage; or

b. damage claims associated with any future modification, suspension, or revocation of this permission.

2. The United States will not be responsible for damages or injuries which may arise from or be incident to the construction, maintenance, and use of the project requested by you, nor for damages to the property or injuries to your officers, agents, servants, or employees, or others who may be on your premises or project work areas or the federal project(s) rights-of-way. By accepting this permission, you hereby agree to fully defend, indemnify, and hold harmless the United States and USACE from any and all such claims, subject to any limitations in law.

3. Any damage to the water resources development project or other portions of any federal project(s) resulting from your activities must be repaired at your expense.

REEVALUATION OF PERMISSION

1. The determination that the activity authorized by this permission would not impair the usefulness of the federal project and would not be injurious to the public interest was made in reliance on the information you provided.

2. This office, at its sole discretion, may reevaluate its decision to issue this permission at any time circumstances warrant, which may result in a determination that it is appropriate or necessary to modify or revoke this permission. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. you fail to comply with the terms and conditions of this permission;

b. The information provided in support of your application for permission proves to have been inaccurate or incomplete; or

c. significant new information surfaces which this office did not consider in reaching the original decision that the activity would not impair the usefulness of the water resources development project and would not be injurious to the public interest.

CONDUCT OF WORK UNDER THIS PERMISSION

1. You are responsible for implementing any requirements for mitigation, reasonable and prudent alternatives, or other conditions or requirements imposed as a result of environmental compliance.

2. Work/usage allowed under this permission must proceed in a manner that avoids interference with the inspection, operation, and maintenance of the federal project.

3. In the event of any deficiency in the design or construction of the requested activity, you are solely responsible for taking remedial action to correct the deficiency.

4. The right is reserved to the USACE to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, to operate and/or to make any other use of the lands as may be necessary in connection with government purposes, and you will have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof.

5. You must provide copies of pertinent design, construction, and/or usage submittals/documents. USACE may request that survey and photographic documentation of the alteration work and the impacted project area be provided before, during, and after construction and/or installation.

6. You may be required to perform an inspection of the federal project with the USACE, prior to your use of the structure, to document existing conditions.

7. USACE shall not be responsible for the technical sufficiency of the alteration design nor for the construction and/or installation work.