Comment from John Evans, Norfolk District Army Corps of Engineers

Notwithstanding the grant of a right-of-way (ROW), the placement of any cable on the outer continental shelf (OCS) seabed is an activity that does require a Rivers and Harbors Act, Section 10, Corps permit. The issuance of such a permit will depend on a Corps determination that the activity is not contrary to national security and navigational public interest factors. Those factors would include, but not be limited to, Department of Defense operations, sand for beach nourishment activities, interference with dredge material placement areas, and burial depth across and adjacent to navigable channels. Additional authorization by Federal, State, and local government will be required in territorial waters, wetlands, and utility corridors to upland facilities. There are two Nationwide permits (NWP) that may be applicable to wind energy structures and utility lines. NWP-12 may be appropriate for utility lines where the activity meets all of the terms, conditions, and any special conditions for the activity. Likewise, NWP-52 may be appropriate for water-based renewable energy projects where the project meets all of the terms, conditions, and any special conditions for the activity. Both NWP-12 and NWP-52 would require pre-construction notification, and compliance with the Endangered Species Act. If an activity does not meet the terms, conditions, and special conditions of the NWP, the Corps will consider possible authorization by a regional permit or individual permit. We are providing two maps that show some of the navigational interests and marine features of concern by the Corps and many others in the vicinity of Cape Henry and the Atlantic Ocean Channel (AOC).