ITB 24-42TM Addendum 3 Attachment 6 NAO-2013-02345 NWP.pdf

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NORFOLK DISTRICT

FORT NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

October 31, 2022

Southern Virginia Regulatory Section NAO-2013-02345 / VMRC#20-V1075 (Newmarket Creek)

City of Hampton- Department of Public Works Attn Brian Lewis, P.E.

22 Lincoln Street, 4th Floor Hampton, VA 23669

Dear Mr. Lewis:

This is regarding your Department of the Army permit application number NAO- 2013*02345 (VMRC #20-1075) to replace the existing concrete weir spillway with an updated automated slide gate which will consist of a cast-in-place concrete structure supported on deep foundations and steel sheetpile wingwalls with concrete caps. The project also proposes a concrete splash apron and in-water sensors. The project will result in temporary impacts to approximately 1,477 square feet of non-tidal wetlands and 1,246 square feet of tidal wetlands, and permanent impacts to approximately 2 square feet of non-tidal wetlands and 253 square feet of tidal wetlands. A temporary steel sheet pile cofferdam will be installed around the project area and all work will occur from uplands and within the cofferdam to reduce temporary effects within the waterway, including sound and turbidity increases. The work will occur where Coliseum Lake discharges into Newmarket Creek in Hampton, Virginia. These impacts are detailed on the enclosed drawings entitled “Coliseum Lake Slide Gate- 95% Design,” prepared and submitted on behalf of the applicant by Kimley-Horn and dated August 2020, and date stamped as received by this office on January 26, 2022 (attached).

Your proposed work as outlined above satisfies the criteria contained in the Corps Nationwide Permit (3), attached. Certain Corps Nationwide Permits were published in the December 27, 2021, Federal Register notice (86 FR 73522) 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 nationwide permit verification is contingent upon the following project specific conditions:

SPECIAL CONDITIONS:

1. Upon completion of the project, an as-built plan will be submitted to our office within 60 days of contractor demobilization. The as-built will include the location of photograph stations that will serve as the locations for future monitoring events.

2. To ensure there are no adverse impacts associated with the project, a written monitoring report will be required for hydrological and environmental conditions within the area influenced by the new water control structure. You are required to monitor this area for 2 years immediately following construction and provide us with a report documenting the observed conditions for each corresponding year monitored. At a minimum the report should include a brief discussion regarding any changes to the water quality or the environmental characteristics of Coliseum Lake, including the existing wetland vegetation along the shoreline, and digital photographs taken from designated observation points identified on the as-built drawing (as established after construction). After the two-year time period, the site will be evaluated to determine if augmentation to the tide gate schedule and/or additional monitoring will be required.

3. Incidents where any individuals of sea turtles, Shortnose sturgeon, or Atlantic sturgeon listed by National Oceanic and Atmospheric Administration (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 Nationwide Permit 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.

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.

Provided the project specific conditions (above), Regional Conditions, and the Nationwide Permit General Conditions (enclosed) are met, an individual Department of the Army Permit will not be required. To assist in your compliance with NWP General Condition #30, enclosed is a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required compensatory mitigation.

Please be aware that a permit may be required from the Virginia Marine Resources Commission and/or your local wetlands board, and this verification may not be valid until you obtain their approval, if necessary. 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.

This verification is valid until the Nationwide Permit is modified, reissued, or revoked.

This Nationwide Permit 3 is scheduled to be modified, reissued, or revoked prior to March 14, 2026.

It is incumbent upon you to remain informed of changes to the Nationwide Permits.

We will issue a public notice when the Nationwide Permits 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 Nationwide Permit 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 Nationwide Permit verification expires unless the district engineer removes those conditions.

Activities completed under the authorization of a Nationwide Permit which was in effect at the time the activity was completed continue to be authorized by that Nationwide Permit.

In granting an authorization pursuant to this permit, we relied on the information and data provided by the permittee. If we determine that this information is false or incomplete, we may suspend or revoke, in whole or in part, this authorization and institute appropriate legal proceeding.

If you have additional questions or concerns about this permit authorization, please contact the office by telephone at (757) 201-7122 or by email at Nicole.l.woodward@usace.army.mil.

Sincerely, Nicole L. Woodward Southern Virginia Regulatory Section

Enclosure(s)

Cc: Agent