Attachment 1 - Appendix A_Permits.pdf

eProjects WO#: 1663506

FY22 Pier 11S Berth Expansion New Dredging and Pier 5N and 6N Maintenance Dredging

Appendix A:

Permits james.georgo Text Box Permits for P11S Berth Expansion will be furnished to the contractor upon issuance by regulatory agencies. Maintenance Dredging Permits are attached.

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NORFOLK DISTRICT

FORT NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

June 18, 2019

Eastern Virginia Regulatory Section NAO-2010-00809 / VMRC#18-V1285 (Elizabeth River) Craney Island Deposit Number: W91236-14-C-0008

Captain Richard C. McDaniel, CO Naval Station Norfolk 9742 Virginia Avenue, Building A-81 Norfolk, Virginia 23511

Dear Captain McDaniel:

This is in reference to the Department of the Army application (NAO-2010-00809 / VMRC#18-V1285) you submitted to perform maintenance dredging at Naval Station Norfolk in Norfolk, Virginia. This maintenance dredging is proposed within numerous existing slips, approaches and basins and the locations are depicted on Sheet V-001 of the enclosed site plan entitled “Site Plan to Accompany Joint Agency Permit Application For: Maintenance Dredging of Naval Station Norfolk, Virginia,” by Naval Facilities Engineering Command-Mid Atlantic as approved by James S. Georgo, P.E. dated March 19, 2019. The work includes:

1) Maintenance dredging to maintain authorized depths between -11 feet and -53 feet at Mean Lower Low Water (MLLW) with an estimated average dredging volume of 800,000 cubic yards over the permit duration. Sheet V-002 of the site plan details the dredge areas, volumes and dredging frequency. Dredging may be conducted hydraulically or mechanically, and pumped directly into Craney Island Dredge Material Management Area (CIDMMA) or barged to the rehandling basin.

2) Install a temporary dredge discharge pipeline from the dredging sites to Craney Island and dredge a trench for the pipeline across the Federal Channel as shown on Sheet V-002 of the site plan. Approximately 25,000 cubic yards will be dredged in an approximately 200 foot wide trench across the Hampton Roads Federal Channel adjacent to Pier 9S and 9N. The purpose of the trench is to ensure the temporary pipeline does not interfere with navigation during maintenance dredging activities.

Your proposed project as described above and depicted on attached drawings satisfies the terms and conditions of Norfolk District’s Regional Permit 02 (13-RP-02) and the Corps Nationwide Permit (33) (NWP-33), enclosed.

Specifically, your maintenance dredging satisfies the terms and conditions of the 18-RP-02 and your trench and discharge pipe satisfies the terms and conditions of the NWP-33. Provided you follow all of the general and specific terms and conditions of 18-

RP-02 and NWP-33, as well as, any additional special conditions included below, no further authorization will be required from the Corps.

Please take note of the permit specific and general conditions incorporated in the 18-RP-02 and NWP-33. In addition, authorization of this permit is contingent on the following special conditions:

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.

2. The attached form entitled "Deposit of Material into Craney Island" must be completed prior to depositing material into the CIDMMA and Rehandling Basin.

Please be advised that it is the permittee’s responsibility to ensure that the Corps receives the appropriate payments. Contact our Operations Support Section at 757- 201-7642 or 757-201-7017 or the Craney Island Project Office at 757-484-1021 to obtain current conditions and toll rates at CIDMMA. Permit Specific Condition Number 8 (a-e) in the attached 18-RP-02 contains additional conditions regarding the use of Craney Island.

3. 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.

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 or Atlantic sturgeon listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this NWP 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.

This verification is valid until the 18-RP-02 is modified, reissued, or revoked. 18-RP- 02 is scheduled to be modified, reissued, or revoked on September 5, 2023. Activities which have commenced (i.e. under construction) or are under contract to commence in reliance upon this RP will remain authorized provided the activity is completed within twelve (12) months of the date of the 18-RP-02’s expiration, modification, or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Activities completed under the authorization of the 18-RP-02 which was in effect at the time the activity was completed continue to be authorized by that RP.

The Corps Nationwide Permits were published in the January 6, 2017, Federal Register notice (82 FR 1860) and the regulations governing their use can be found in 33 CFR 330 published in Volume 56, Number 226 of the Federal Register dated November 22, 1991. This verification is valid until the NWP 33 is modified, reissued, or revoked.

All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2022. It is incumbent upon you to remain informed of changes to the NWPs.

We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Project specific conditions listed in this letter continue to remain in effect after the NWP verification expires, unless the district engineer removes those conditions. Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP.

The State Water Control Board provided unconditional §401 Water Quality Certification for 18-RP-02 and NWP #33. Therefore, the activities that qualify for this RP and NWP meet the requirements of Department of Environmental Quality’s (DEQ) Virginia Water Protection Permit Regulation, provided that the permittee abides by the conditions of this RP and NWP. You will not be required to obtain a separate §401 Water Quality Certification from DEQ.

Pursuant to the Coastal Zone Management Act (CZMA) of 1972, the Virginia Department of Environmental Quality Virginia Coastal Zone Management Program (VCP) completed its review of the Federal Consistency Determination (FCD) for this NWP on April 5, 2017 and for this RP on August 16, 2018, and provided concurrence that this NWP and RP are consistent with the VCP. Therefore, no further coordination with the VCP is required. Authorizations under this NWP and RP 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 these permits, 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 Audrey Cotnoir at 757-549-8819 or audrey.l.cotnoir@usace.army.mil.

Sincerely, for Peter R. Kube Chief, Eastern Virginia Regulatory Section

Enclosures:

Project Drawings 408 permission letter dated June 12, 2019 Deposit of Material into Craney Island (NAO Form 66) Compliance Certification 18-RP-02 and NWP #33

Cc: Naval Station Norfolk, ATTN: Glenn ReDavid, Jr.

Virginia Marine Resources Commission Department of Environmental Quality mailto:audrey.l.cotnoir@usace.army.mil

1. This form is to be filed out by the permittee and returned to the U.S. Army Corps of Engineers prior to each deposit of dredged material into the Craney Island Dredged Material Area or the Craney Island Rehandling Basin. The Norfolk District limits the annual amount of dredged material pumped into Craney Island to approximately 5 mcy per year.

2. Return this form to: Norfolk District Corps of Engineers

ATTN: CENAO-WRO-O

803 Front Street Norfolk, Virginia 23510-1011

Email: DLL-CENAO-WRO-CRANEYDEPOSITS@usace.army.mil

3. This form must be filled out each time dredging operations occur for the duration of the permit and submitted:

a) 60 days in advance for projects under 100,000 cy

b) 1 year in advance for projects greater than 100,000 cy and less than 500,000 cy

c) 2 years in advance for projects greater than 500,000 cy.

4. Refer to the current version of the Army Corps of Engineers, Norfolk District, Commander’s Policy Memorandum Number WRD-01, "Deposition of Dredged Material and use of the Craney Island Dredged Material Management Area, Norfolk Harbor, Virginia" for additional conditions.

DEPOSIT OF DREDGED MATERIAL INTO CRANEY ISLAND

NAO FM 66 (December 2016)

Late charges will be applied to all overdue payments at a percentage based on the current funds available to the U.S.

Treasury. The charges will be applied for each 30-day period the account is overdue. Failure to comply with the Special Conditions of the permit could justify having the permit revoked by the District Engineer. It is the responsibility of the permittee to notify the Corps of Engineers when current dredging is completed.

Permittee Name, Address, and Phone Number Contractor, Address, and Phone Number Permit Number

Survey Performed By

Description of Work

Permit Date

Deposit Number

W91236-

Date Permit Expires

Direct Pump Rehandling Basin

Estimated Quantity to Be Deposited Estimated Dredging Period

From: To:

Signature of Permittee: Date:

Type of Material

Corps Acceptance for Deposit: Date:

New Work Maintenance

Location of Deposit

Cubic Yards

Dredge and/or Tug Name

U.S. Army Corps Of Engineers Norfolk District

CERTIFICATE OF COMPLIANCE

WITH

ARMY CORPS OF ENGINEERS PERMIT

Permit Number: NAO-2010-00809 VMRC Number: 18-V1285

Corps Contact: Audrey Cotnoir

Name of Permittee: Naval Station Norfolk, CAPT Richard C. McDaniel, CO

Date of Issuance: June 18, 2019

Permit Type: 18-RP-02, NWP 33

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:

Norfolk District, Corps of Engineers ATTN: Ms. Audrey Cotnoir Great Bridge Reservation 2509 Reservation Road Chesapeake, Virginia 23322-5217

Or scan and send via email to audrey.l.cotnoir@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 mailto:audrey.l.cotnoir@usace.army.mil

18-RP-02 1

U.S. Army Corps Of Engineers Norfolk District

Fort Norfolk, 803 Front Street Norfolk, VA 23510-1011

CENAO-WRR

18-RP-02

REGIONAL PERMIT

Effective Date: September 5, 2018 Expiration Date: September 5, 2023

I. AUTHORIZED ACTIVITIES:

18-RP-02, Regional Permit 02 (RP), authorizes both new and maintenance dredging (channels and basins) for certain navigation-related dredging projects, by either mechanical or hydraulic method, in waters of the U.S. This RP authorizes these activities within the geographical limits of the Commonwealth of Virginia under the regulatory jurisdiction of the Norfolk District Army Corps of Engineers (Corps), subject to the terms and conditions further set out herein:

1. Maintenance Dredging for Previously Authorized Projects:

a. For the purposes of this Regional Permit (RP), maintenance dredging means dredging only within the actual areas and to the actual depths dredged, as authorized with the most recent Department of the Army (DA) Permit.

b. Prospective permittees must document that a previous DA permit authorized dredging in the project area. The prospective permittee must demonstrate that the project area proposed for maintenance dredging does not exceed the limits specified in the previous DA Permit.

2. New Dredging:

a. The dredging authorized by this permit shall not exceed a surface area of two (2) acres.

b. The depth of dredging of access channels shall not exceed controlling depths of ingress/egress.

c. Newly dredged channels shall have a bottom width of at least 20 feet, unless the Corps determines that a narrower channel would not compromise safe navigation and the 20-foot minimum is waived in writing by the District Engineer.

d. In tidal waters, dredging is limited to areas below mean low water.

e. In non-tidal waters, dredging is limited to areas below the Ordinary High

Water Mark (OHWM).

f. No dredging of cobble habitat, intertidal mudflats, wetlands, shellfish beds, coral reefs, or submerged aquatic vegetation is authorized.

18-RP-02 2

3. Discharges of Dredged Material into Waters of the U.S. associated with Maintenance or New Dredging:

a. This RP authorizes, pursuant to Section 404 of the Clean Water Act, a discharge of dredged material, other than incidental fallback1, into non-tidal waters of the U.S. for the following activities:

i. Discharge of Dredged Material Due to Dredging Method: Certain types of dredging methods (i.e. mechanical) often result in a discharge (redeposit) of dredged material into the water of the U.S. during operation. This discharge is authorized with this RP provided:

1. The permittee demonstrates, to the satisfaction of the Corps, that the discharge of dredged material associated with the method of dredging is unavoidable.

2. The permittee demonstrates, to the satisfaction of the Corps, that the discharge of dredged material associated with the method of dredging would be minimized to the maximum extent practicable.

3. The discharge (redeposit) of dredged material into waters would occur only as a result of the dredging method.

4. The discharge (redeposit) of dredged material into waters would only occur within the footprint of the dredging activity.

5. The total amount of dredged material would not exceed 5,000 cubic yards.

6. The total surface area of dredging would not exceed two (2) contiguous acres.

ii. Discharge of Return Water from Disposal Area: The return water from a contained disposal area is administratively defined as a discharge of dredged material2, even though the disposal area itself may not be located in a waters of the U.S. The discharge is authorized with this RP provided:

1. The quality of the return water is regulated by the state through the

Section 401 certification procedures.

II. AUTHORITIES:

For projects located within the Commonwealth of Virginia, project proponents are hereby authorized by the Secretary of the Army and the Chief of Engineers pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403) and/or Section 404 of the Clean Water Act (33 U.S.C. § 1344) to perform the aforementioned work in waters of the U.S. pursuant to the terms and conditions herein.

1 33 CFR323.2(d)(2) 2 33 CFR 323.2(d)(1)(ii)

18-RP-02 3

Activities receiving written authorization under this RP do not require further authorization under the provisions contained in 33 CFR Part 325 unless the District Engineer determines, on a case-by-case basis, that additional review is in the public interest. All work undertaken outside the following conditions, terms, and limitations will require separate Department of the Army authorization.

III. STATE AND LOCAL APPROVALS:

1. Prospective permittees may be required to obtain additional state and/or local approvals prior to commencement of work in waters of the U.S. from the Virginia Department of Environmental Quality (DEQ), the Virginia Marine Resources Commission (VMRC) and/or the local wetlands board. You may contact the DEQ at (804) 698-4000, the VMRC at (757) 247-2200 and/or local government office for further information concerning permit requirements.

2. The State Water Control Board provided conditional §401 Water Quality Certification for the 18-RP-02. As such, the activities that qualify for this RP meet the requirements of Department of Environmental Quality’s (DEQ) Virginia Water Protection Permit Regulation, provided that the permittee abides by the §401 Water Quality Certification condition, below, and all of the terms and conditions of 18-RP-02.

§401 Water Quality Certification Condition: For activities #2 (New Dredging) and #3 (Discharges of Dredged Material into Waters of the U.S. associated with Maintenance or New Dredging):

a) Dredging shall not be used to create a deep space for water withdrawal.

b) Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44. 15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

3. Those activities on the Potomac River extending channelward of the mean low water line may require authorization by the Virginia Marine Resources Commission (VMRC) and/or the Maryland Department of Natural Resources.

4. Authorization may also be needed from the Tennessee Valley Authority for projects constructed on the Clinch and Holston Rivers.

5. Pursuant to the Coastal Zone Management Act (CZMA) of 1972, the Virginia Department of the Environmental Quality, Virginia Coastal Zone Management Program completed its review of the Federal Consistency Determination and issued its conditional concurrence on August 16, 2018. Specifically, DEQ concurs that the RPs and General Conditions are consistent to the maximum

18-RP-02 4

extent practicable with the Virginia CZM Program provided that the following conditions are satisfied:

a) Prior to construction, applicants shall obtain all required permits and approvals for the activities to be performed that are applicable to the enforceable policies and that applicants adhere to all conditions contained therein.

b) The activities that qualify for the RPs meet the requirements of DEQ’s Virginia Water Protection Permit Regulation and the permittee abides by the conditions of the RP as certified under Section 401 of the Clean Water Act.

6. Permittees should ensure that their projects are designed and constructed in a manner consistent with all state and local requirements pursuant to the Chesapeake Bay Preservation Act and the Chesapeake Bay Preservation Area Designation and Management Regulations.

7. Authorizations under this RP do not supersede state or local government authority or responsibilities pursuant to the Chesapeake Bay Preservation Act, the Virginia Tidal Wetlands Act or to any State or local laws or regulations.

IV. PROCEDURES:

1. Prospective permittees must submit a pre-construction notification (PCN) in accordance with the procedures outlined below and must receive written authorization from the Corps before any work may begin. This RP shall not be interpreted as authorizing any work other than which is outlined above and which strictly meet all terms and conditions set out herein. All work undertaken that does not strictly comply with the following terms, conditions, standards and limitations will require separate Department of the Army authorization.

2. Within Virginia, the U.S. Army Corps of Engineers, Norfolk District encourages prospective permittees to utilize the Joint Permit Application (JPA) as the pre-construction notification. The JPA is also used to apply for corresponding permits from the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality, and/or Local Wetlands Boards. The JPA process and JPA forms are used by the Corps, the VMRC, the DEQ, and the LWB for permitting purposes involving tidal and/or non-tidal water, tidal and/or non-tidal wetlands, and/or dune/beach resources, including, but not limited to, construction, dredging, filling, or excavation. Prospective permittees should read the directions on the application carefully to determine how many copies must be submitted to the VMRC, who acts as the clearinghouse for permit applications. Prospective permittees may obtain paper copies of the Joint Permit Applications by calling the Corps at (757) 201-7652, or by downloading and using one of the two versions of the JPA on the Norfolk District Regulatory Webpage:

http://www.nao.usace.army.mil/Missions/Regulatory/JPA.aspx.

http://www.nao.usace.army.mil/Missions/Regulatory/JPA.aspx

18-RP-02 5

3. The following additional information must be included in the PCN and/or on the drawings in order for the PCN to be considered complete:

a. The distance of toe of channel from the channelward edge of mudflats and vegetated wetlands.

b. The buffer distance (buffer distance = depth of dredging x 4) between the toe of the channel and the wetlands as determined by using the “4X buffer” guidance developed by the Virginia Institute of Marine Science (VIMS) in the Virginia Wetlands Report No. 93-8, entitled “Mid-Atlantic Wetland Compensatory Mitigation Workshop,” pages 7, dated Summer 1993.

c. Existing bathymetric depth profile (i.e. depth soundings) referenced to local tidal or geodetic datum.

d. Information on the dredged material management (dredge disposal) site including location maps, drawings, and a description of the methods of transporting the material to the dredged material management site.

e. Any structures (i.e. piers, boat lifts) required to provide access to the proposed dredging. (Note: Piers and related structures are not authorized by this permit, but may be authorized under other general permits.)

f. For maintenance dredging projects, a cover letter describing the proposed dredging activity and a copy of any previous Department of the Army permit(s) must be submitted in order to initiate the permit evaluation for the proposed maintenance project.

4. On a case-by-case evaluation, the Corps may determine that a “Tier 1” or additional testing of the sediment to be dredged is required to evaluate the potential for contaminants. If testing is required, a sampling and analysis plan shall be submitted to the Norfolk District for approval. Testing results must be submitted to, and approved by, the Norfolk District prior to dredging. The evaluation of dredged material for inland disposal will follow the guidance in the “Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. - Testing Manual (Inland Testing Manual), dated February, 1998, or the most current version. The manual may be downloaded from the Environmental Protection Agency website:

http://water.epa.gov/type/oceb/oceandumping/dredgedmaterial/testing.cfm.

V. PERMIT SPECIFIC CONDITIONS:

1. In order to protect vegetated wetlands, a buffer distance of four times the depth of dredging, i.e. “4X Buffer”, must be maintained between the toe of the dredged channel and the channelward edge of the vegetated wetlands. The buffer distance is to be determined by using the guidance developed by Virginia Institute of Marine Science (VIMS) in the Virginia Wetlands Report No. 93-8, entitled “Mid-Atlantic Wetland Compensatory Mitigation Workshop,” pages 7, dated Summer 1993, which explains how to properly obtain the “4X Buffer” distance. This report can be found at the following website:

http://ccrm.vims.edu/publications/publications_topics/vwr/vwr-summer93.pdf http://water.epa.gov/type/oceb/oceandumping/dredgedmaterial/testing.cfm http://ccrm.vims.edu/publications/publications_topics/vwr/vwr-summer93.pdf

18-RP-02 6

2. Corps authorization of the dredging is to a certain depth at mean low water and/or ordinary high water, referenced to local tidal or geodetic datum, as outlined on drawings provided by the prospective permittee with the pre-construction notification. The Corps-approved permitted depth includes any advance maintenance, allowable over depth, and/or margin of error. Exceeding this depth will be considered a violation of the terms and conditions of this permit. The Permittee is responsible for compliance with the terms and conditions of this RP, regardless of who performs the work. The Permittee shall ensure contractors and/or workers have knowledge of the terms and conditions of the RP. The only way to legally dredge deeper is to apply for, and be granted, a new permit verification before the dredging occurs. If the requested modifications exceed the terms and conditions of this RP then an Individual Department of the Army permit will be required.

3. Periodic maintenance dredging may be performed until expiration of this regional permit authorization. Each maintenance dredging event is limited to the removal of material at a depth no deeper than the current authorized dredge depth.

Following the initial dredging event, the permittee must contact the Corps, in writing, a minimum of two weeks in advance of each subsequent maintenance dredging activity. Maintenance dredging must use the same dredged material disposal site as authorized under this current RP authorization; if a new disposal site is necessary, a written permit verification is required from the Corps prior to maintenance dredging.

4. All piers, associated structures (e.g., boatlifts, mooring piles, etc.) and vessels, whether existing or proposed under a different permit, will be located outside the channel.

5. Any authorized dredging located adjacent to certain resources (including shellfish beds, submerged aquatic vegetation, and anadromous fish use areas) will require a time of year restriction (TOYR), unless determined unnecessary through additional agency coordination. The TOYR indicates the time of any given year that the authorized dredging cannot be performed in order to protect these resources. The TOYR for these resources are as follows:

• Shellfish beds: March 1 through September 30

• Submerged Aquatic Vegetation: March 1 through October 31

• Anadromous Fish Use Areas: February 15 through June 30

6. All dredged material must be disposed of in an approved dredged material disposal site, in an approved upland disposal site, or at the Craney Island Dredged Material Management Area/Rehandling Basin. The disposal of dredged material into waters of the U.S. (including wetlands) is not authorized by this permit, except at approved dredged material disposal sites. Currently approved dredged material management sites do not include ocean disposal sites; use of ocean disposal must be permitted under separate authorization.

18-RP-02 7

7. If an upland disposal site is to be utilized, the site must be properly designed to contain the material and have proper erosion and sedimentation controls to prevent overtopping and re-entry into the waterway. In addition, the prospective permittee must adequately address the need for liner or impermeable material to prevent leaching of any identified contaminants into ground water.

8. Craney Island Dredged Material Management Area (CIDMMA) and Craney

Island Rehandling Basin (CIRB):

a. The prospective permittee may request to use CIDMMA and/or CIRB, and the Corps will consider the request in accordance with the PL3 and District policy;

requirements include specification that work must be related to the development or maintenance of navigation improvements in the Norfolk Harbor and adjacent channels. You must receive specific approval in your permit in order to dispose of dredged material at CIDMMA and/or CIRB.

b. The dredged material will be transported by barge to CIRB or by pipeline to the CIDMMA. If the CIDMMA or the CIRB become unavailable for use as a dredged material placement area during the terms of this authorization, you will be responsible for finding an alternate placement area and having it approved by this office prior to any further dredging.

c. Permitted users of CIDMMA and all associated dredged material placement operations shall comply with the current version of the Army Corps of Engineers, Norfolk District, Commander’s Policy Memorandum Number WRD-01, "Deposition of Dredged Material and use of the Craney Island Dredged Material Management Area, Norfolk Harbor, Virginia".

d. The form titled "Deposit of Material into Craney Island" must be completed prior to depositing material into the CIDMMA or Rehandling Basin. Please be advised that it is the permittee’s responsibility to ensure that the Corps receives the appropriate payments. Contact our Operations Support Section at (757) 201-7642 or (757) 201-7017 or the Craney Island Project Office at

(757) 484-1021 to obtain current conditions and toll rates at CIDMMA.

e. The permittee is hereby advised that the prime contractor performing the dredging project must obtain a Real Estate license from the Norfolk District Real Estate Office prior to the commencement of any work which would utilize the Craney Island Dredged Material Management Area or Government Bulkhead Facilities at the Craney Island Rehandling Basin. The permittee/prime contractor should contact the Norfolk District Real Estate Acquisition, Management, and Disposal Section at (757) 201-7730 for further information regarding the Department of the Army License.

9. Within 30 days of completion of the dredging, an after-dredge hydrographic survey, prepared by a state-certified engineer or surveyor, must be provided to

3 Refer to H.D. 563, 79th Congress, 2nd Session, P.L. 79-525

18-RP-02 8

the Corps. The hydrographic survey should reference a local tidal or geodetic datum.

10. Barges and scows used to transport dredged material may be filled only to a point where no overflow occurs. No overflow pipes are allowed.

VI. GENERAL CONDITIONS:

1. Navigation:

a. No activity may cause more than a minimal adverse effect on navigation.

b. Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the U.S. The U.S.

Coast Guard may be contacted at the following address: Commander (oan), Fifth Coast Guard District, Federal Building, 431 Crawford Street, Portsmouth, Virginia 23704 or by telephone: (757) 398-6230.

c. 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/her 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, 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.

2. Aquatic Life Movements: No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.

3. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas: Activities in waters of the U.S. that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

18-RP-02 9

5. Shellfish Beds: No activity may occur in areas of concentrated shellfish populations.

6. Submerged Aquatic Vegetation (SAV) Beds: Activities in SAV beds must be avoided and minimized to the maximum extent practicable. Avoidance and minimization measures, such as relocating a structure and/or the implementation of a time-of-year restriction for work in waters, may be required to reduce impacts to the SAV habitat. Information regarding SAV may be found at the Virginia Institute of Marine Science’s website at: http://web.vims.edu/bio/sav/.

7. Suitable Material: No activity may use unsuitable material (e.g. trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).

8. Water Supply Intakes: No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public waters supply intake structures or adjacent bank stabilization.

9. Adverse Effects from Impoundments: If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

10. Management of Water Flows: To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound waters or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

11. Fills Within 100-Year Floodplains: The activity must comply with applicable FEMA-approved state or local floodplain management requirements.

12. Equipment: Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

13. Soil Erosion and Sediment Controls: Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the U.S. during periods of low-flow or no-flow, or during low tides.

14. Invasive Species: Plant species listed by the most current version of Virginia Department of Conservation and Recreation’s (DCR) Invasive Alien Plan List http://web.vims.edu/bio/sav/

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shall not be used for re-vegetation for activities authorized by these regional permits. The list of invasive plants in Virginia may be found at:

http://www.dcr.virginia.gov/natural-heritage/invsppdflist. The DCR recommends the use of regional native species for re-vegetation as identified in the DCR Native Plants for Conservation, Restoration and Landscaping brochures:

http://www.dcr.virginia.gov/natural-heritage/nativeplants#brochure or by using the DCR native plant finder: http://www.dcr.virginia.gov/natural-heritage/native-plants-finder.

15. Removal of Temporary Fills and Impacts: The soils of any temporarily impacted areas located in wetlands that are cleared, grubbed, and/or filled, must be restored once these areas are no longer needed for their authorized purpose, no later than completion of project construction, and not to exceed twelve (12) months after commencing the temporary impacts. To restore, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations, the soil surface loosened by ripping or chisel plowing to a depth of 8-12”, and then seeded using native wetland species. See General Condition 14: Invasive Species for more information on vegetation recommendations.

Fill or dredged material into waters of the U.S. that are not removed within the 12 month period will be considered a permanent impact, unless otherwise determined by the Corps. This additional impact to waters of the U.S. may result in the Corps initiating a permit non-compliance action which may include, but not limited to, a restoration order, after-the-fact permitting, and/or compensatory mitigation.

16. Proper Maintenance: Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable RP conditions, as well as any activity-specific conditions added by the District Engineer to an RP authorization.

17. Single and Complete Project: The activity must be a single and complete project. The same RP cannot be used more than once for the same single and complete project. For purposes of this RP, a single and complete project means the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area.

18. Wild and Scenic Rivers: Currently, there are no designated Wild and Scenic Rivers in the Commonwealth of Virginia. No RP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system, while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river has determined, in writing, that the proposed activity will not adversely affect the Wild and Scenic http://www.dcr.virginia.gov/natural-heritage/invsppdflist

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River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).

19. Tribal Rights: No RP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.

20. Endangered Species:

a. No activity is authorized under this RP which is likely to directly or indirectly 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 (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under this RP which “may affect” a listed species or critical habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the RP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the RP activity and are later in time, but still reasonably certain to occur.

b. Federal permittees should follow their own procedures for complying with the requirements of the ESA. The Federal permittee must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

c. Non-federal permittees shall submit a pre-construction notification to the District Engineer if any proposed or listed species or proposed or designated critical habitat may be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. Information on the location proposed/listed species and proposed/designated critical habitat can be obtained directly from the U.S. Fish and Wildlife (USFWS) online project review process at:

https://www.fws.gov/northeast/virginiafield/endangered/projectreviews.html and from the National Marine Fisheries Service (NMFS) at:

http://www.nmfs.noaa.gov/pr/species/.

The District Engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species or designated critical habitat and will notify the non-Federal permittee of the Corps' determination. In cases where the non-Federal permittee identified listed species or designated https://www.fws.gov/northeast/virginiafield/endangered/projectreviews.html http://www.nmfs.noaa.gov/pr/species/

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critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the permittee shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or designated critical habitat, or until Section 7 consultation has been completed.

If the District Engineer determines that the proposed activity may affect a listed species or designated critical habitat, the Corps will initiate consultation with the USFWS. The USFWS developed an online system to allow permittees and agencies to find information about sensitive resources that may occur within the vicinity of a proposed project. This system is named “Information, Planning and Conservation System,” (IPaC), and is located at:

https://ecos.fws.gov/ipac/.

Additional consultation may also be required with the NMFS for species or critical habitat under their jurisdiction, including sea turtles, marine mammals, Shortnose Sturgeon, and Atlantic Sturgeon. For additional information about their jurisdiction in Virginia, please visit:

https://www.greateratlantic.fisheries.noaa.gov/protected/index.html.

d. As a result of formal or informal consultation with the USFWS or NMFS the

District Engineer may add species-specific regional endangered species conditions to the RP.

e. Authorization of an activity by this RP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the USFWS or NMFS, the ESA prohibits any person subject to the jurisdiction of the United States to take a listed species, where “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take” means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

f. If the non-federal permittee has a valid ESA Section 10(a)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed RP activity, the non-federal permittee should provide a copy of that ESA Section 10(a)(1)(B) permit in the Joint Permit Application. The District Engineer will coordinate with the agency that issued the ESA Section 10(a)(1)(B) permit to determine whether a separate ESA Section 7 consultation is needed.

21. Migratory Birds and Bald and Golden Eagle Protection Act: The Bald Eagle (Haliaeetus leucocephalus) is no longer a federally listed threatened or endangered species; therefore, the Endangered Species Act provisions are not https://ecos.fws.gov/ipac/ https://www.greateratlantic.fisheries.noaa.gov/protected/index.html

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applicable to this species. The Bald and Golden Eagle Protection Act (BGEPA) does not require that a federal agency involved in permitting the proposed action conduct coordination. The permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with the Migratory Bird Treaty Act or the BGEPA. The permittee should either obtain “take” permit or a letter of concurrence from USFWS indicating that a permit is not necessary prior to initiating construction activities.

You should contact USFWS concerning this matter at U.S. Fish and Wildlife Service, Virginia Field Office, 6669 Short Lane, Gloucester, VA 23061.

Information on active bald eagle nests and concentration areas can be obtained in Step 6 of the U.S. Fish and Wildlife Service’s online project review system available at:

https://www.fws.gov/northeast/virginiafield/endangered/projectreviewprocess.htm l.

22. Essential Fish Habitat: The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-297; 11 October 1996), requires all Federal agencies to consult with the NOAA Fisheries Service Habitat Conservation Division (NOAA HCD) on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH). The EFH Designations within the Northeast Region (Maine to Virginia), dated March 1, 1999, has identified EFH for a number of species and their life stages within Virginia waters. If EFH consultation is required with NOAA HCD, the permittee shall not begin work until the Corps has provided notification that the EFH consultation has concluded.

23. Anadromous Fish: Authorizations associated with this RP shall not adversely affect documented spawning habitat or a migratory pathways for anadromous fish. Areas of anadromous fish use are indicated on the Virginia Department of Game and Inland Fisheries (VDGIF) information system at:

http://vafwis.org/fwis/. If a project is located within an area documented as an anadromous fish use area (confirmed or potential), all in-stream work is prohibited from occurring between February 15 through June 30 of any given year or other time of year restriction (TOYR) specified by the VDGIF and/or the Virginia Marine Resources Commission (VMRC). Should the Norfolk District determine that the work is minimal and no TOYR is needed, the District will initiate consultation with NOAA Fisheries Service for their concurrence.

A TOYR is not required for dredging activities in the Elizabeth River upstream of the Mid-Town Tunnel on the main-stem and the West Norfolk Bridge (Route 164, Western Freeway) on the Western Branch of the Elizabeth River.

24. Designated Critical Resource Waters and National Estuarine Research

Reserves: This RP does not authorize the discharge of dredged or fill material into the Chesapeake Bay National Estuarine Research Reserve (Reserve) in Virginia. This Reserve is a multi-site system along a salinity gradient of the York River, which includes Sweet Hall Marsh, Taskinas Creek, Catlett Islands, and https://www.fws.gov/northeast/virginiafield/endangered/projectreviewprocess.html https://www.fws.gov/northeast/virginiafield/endangered/projectreviewprocess.html http://vafwis.org/fwis/

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Goodwin Islands. Additional information may be found at:

http://www.vims.edu/cbnerr/.

25.