March 24, 2022

FROM: Christina Belton

NOAA Office of Coast Survey
christina.belton@noaa.gov
240-533-0057

TO: Environmental Impact Review and Long Range Priorities Program

Virginia Department of Environmental Quality
eir@deq.virginia.gov

REFERENCE: Federal Consistency Determination for the Proposed Hydrographic Survey of

Southwestern Chesapeake Bay Rivers, June 2022 – October 2023

This notice serves as the federal consistency determination for the referenced action, as required by
Section 307 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.).

1.0 Description of the Proposed Action

The National Oceanic and Atmospheric Administration’s Office of Coast Survey plans to conduct a
hydrographic survey of a 400 square nautical mile area within the James, Appomattox, Rappahannock,
and Potomac Rivers. The project will begin on or about June 1, 2022 ending around October 31, 2023.
However, as with all activities at sea, the exact dates of the survey could be affected by weather,
equipment difficulties, or other unforeseen circumstances.

The vessel(s) contracted by NOAA will leave port from a nearby port to be determined and proceed to the
survey location shown in Appendix A. In the course of the project, the contracted vessel(s) will survey the
area shown in Appendix A with a combination of single beam and multibeam echo sounders and side
scan sonar. Coast Survey will also use a Conductivity, Temperature, and Depth (CTD) instrument to
collect sound speed data during the survey.

Coast Survey will also collect bottom samples with a small grab sampler. The approximate locations of
the samples are shown in Appendix A. Coast Survey collects grab samples of seafloor sediment during
survey operations by lowering a grab sampler through the water column. During survey operations,
bottom samples are characterized and charted primarily so mariners can better select their anchorages.
Typically, surveyors use a clamshell bottom snapper (Figure 1) or similar type of grab sampler to obtain
samples of the surface sediment layer (approximately the first two inches of sediment). As the sampler is
lowered, two hinged upper lids swing open to let water pass through. When the sampler reaches the
bottom, the overlapping spring-loaded scoops are tripped on the line, and the lids close to contain the
sediment and prevent sample washout. The line is lowered and raised, at a rate of about one meter per
second. After the sediment is collected, analyzed, and photographed, the crew releases it from the sampler
Federal Consistency Determination under the CZMA for Hydrographic Survey of Southwestern
Chesapeake Bay Rivers, June 2022 – October 2023
Page 2

underwater. Samples are characterized by color and type of bottom material. For example, a sample of
mud with fine sand would be charted as M f S (Figure 2).

Figure 1: 6" x 6" grab sampler Figure 2: Bottom sediment characteristics M f S

portrayed on a nautical chart

Field units have a bottom sample plan as a guideline of sampling density, although surveyors are given
discretion on the exact location of sampling. They do not collect samples in waters deeper than 80 meters.
Additionally, in areas surveyed within the last 30 years, the surveyor might not need to collect samples at
all. In some cases, the surveyor can use backscatter or side scan data acquired during the survey operation
to determine the best place to sample. Coast Survey protocol is to not collect samples on coral reefs,
shipwrecks, obstructions or hard bottom areas. Coast Survey will consult our nautical charts to ensure that
bottom samples are not collected near any potential historic properties.

Coast Survey will anchor in the survey vicinity when the survey vessel is not performing survey
operations. The vessel may anchor either within the project area or a protected nearby area. The
contractors survey launches (smaller boats that are carried to the survey grounds aboard the survey ship)
return to the ship or to port each day and do not require anchoring.

Ships usually anchor within the survey area to reduce the transit time to the working grounds and to save
on fuel consumption. Vessel operators select the anchor location based on depth, protection from seas and
wind, and bottom type. Preferred bottom types are sticky mud or sand, as those characteristics allow the
flukes of the anchor to dig into the bottom and hold the chain in place. When working in an un-surveyed
area or in an area that has not been surveyed in many years, the ship will try to anchor in bays where data
has already been collected, providing the ship with better information on where to drop the anchor.
Vessels will not anchor on coral reefs, shipwrecks, and hard bottom areas as part of their protocol. Coast
Survey will consult our nautical charts to ensure that anchors are not used near any potential historic
properties.
Federal Consistency Determination under the CZMA for Hydrographic Survey of Southwestern
Chesapeake Bay Rivers, June 2022 – October 2023
Page 3

2.0 Consistency Determination for the Enforceable Policies of the

Virginia Coastal Program

Enforceable Policy: Fisheries Management

The program stresses the conservation and enhancement of finfish and shellfish resources and the
promotion of commercial and recreational fisheries to maximize food production and recreational
opportunities. This program is administered by the Marine Resources Commission (MRC) (Virginia Code
§28.2-200 through §28.2-713) and the Department of Game and Inland Fisheries (DGIF) (Virginia Code
§29.1-100 through §29.1-570).

The State Tributyltin (TBT) Regulatory Program has been added to the Fisheries Management program.
The General Assembly amended the Virginia Pesticide Use and Application Act as it related to the
possession, sale, or use of marine antifoulant paints containing TBT. The use of TBT in boat paint
constitutes a serious threat to important marine animal species. The TBT program monitors boating
activities and boat painting activities to ensure compliance with TBT regulations promulgated pursuant to
the amendment. The MRC, DGIF, and Virginia Department of Agriculture and Consumer Services share
enforcement responsibilities (Virginia Code §3.1-249.59 through §3.1-249.62).

Determination for the Proposed Action: Consistent. The proposed action does not impact
the management of fisheries resources and will not affect finfish and shellfish. The
operation of the vessel does not involve fishing or the use of equipment or instruments that
could incidentally catch fish or shellfish. The operation of the echo sounders will not affect
finfish and shellfish resources, because the echo sounders operate at frequencies well above
those perceptible by fish. The proposed action does not include boat painting activities.

Enforceable Policy: Subaqueous Lands Management

The management program for subaqueous lands establishes conditions for granting or denying permits to
use state-owned bottomlands based on considerations of potential effects on marine and fisheries
resources, wetlands, adjacent or nearby properties, anticipated public and private benefits, and water
quality standards established by the DEQ Water Division. The program is administered by the MRC
(Virginia Code §28.2-1200 through §28.2-1213).

Determination for the Proposed Action: Consistent. The proposed action would take place
in coastal waters away from wetlands. The only interaction with the sea floor would be from
anchoring, and occasional seafloor sediment sampling, which would take negligible amounts
of sediment from the very top layer of soil. Sampled soil would be returned once
characterized and photographed. The proposed action would therefore have no measurable
effect on subaqueous lands.

Enforceable Policy: Wetlands Management

Federal Consistency Determination under the CZMA for Hydrographic Survey of Southwestern
Chesapeake Bay Rivers, June 2022 – October 2023
Page 4

The purpose of the wetlands management program is to preserve tidal wetlands, prevent their
despoliation, and accommodate economic development in a manner consistent with wetlands
preservation.

The tidal wetlands program is administered by the MRC (Virginia Code §28.2-1301 through §28.2-1320).
The Virginia Water Protection Permit program administered by the DEQ includes protection of wetlands -
- both tidal and non-tidal. This program is authorized by Virginia Code § 62.1-44.15.5 and the Water
Quality Certification requirements of §401 of the Clean Water Act of 1972.

Determination for the Proposed Action: Consistent. The proposed action takes place
entirely within open water and will therefore have no effect on tidal or non-tidal wetlands.

Enforceable Policy: Dunes Management

Dune protection is carried out pursuant to the Coastal Primary Sand Dune Protection Act and is intended
to prevent destruction or alteration of primary dunes. This program is administered by the Marine
Resources Commission (Virginia Code §28.2-1400 through §28.2-1420).

Determination for the Proposed Action: Consistent. The proposed action takes place
entirely within open water and will therefore have no effect on dunes.

Enforceable Policy: Non-point Source Pollution Control

Virginia's Erosion and Sediment Control Law requires soil-disturbing projects to be designed to reduce
soil erosion and to decrease inputs of chemical nutrients and sediments to the Chesapeake Bay, its
tributaries, and other rivers and waters of the Commonwealth. This program is administered by
DEQ (Virginia Code §62.1-44.15:51 et seq.).

Determination for the Proposed Action: Consistent. The proposed action takes place from a
vessel in the open water and does not represent a soil-disturbing project or other non-point
source of pollution.

Enforceable Policy: Point Source Pollution Control

The point source program is administered by the State Water Control Board pursuant to Virginia Code
§62.1-44.15. Point source pollution control is accomplished through the implementation of the National
Pollutant Discharge Elimination System (NPDES) permit program established pursuant to §402 of the
federal Clean Water Act and administered in Virginia as the VPDES permit program. The Water Quality
Certification requirements of §401 of the Clean Water Act of 1972 is administered under the Virginia
Water Protection Permit program.

Determination for the Proposed Action: Consistent. The proposed action takes place from
NOAA contracted vessel(s) which is permitted for operation under the NPDES program.

Enforceable Policy: Shoreline Sanitation

Federal Consistency Determination under the CZMA for Hydrographic Survey of Southwestern
Chesapeake Bay Rivers, June 2022 – October 2023
Page 5

The purpose of this program is to regulate the installation of septic tanks, set standards concerning soil
types suitable for septic tanks, and specify minimum distances that tanks must be placed away from
streams, rivers, and other waters of the Commonwealth. This program is administered by the Department
of Health (Virginia Code §32.1-164 through §32.1-165.

Determination for the Proposed Action: Consistent. The proposed action does not involve
the use or installation of septic tanks.

Enforceable Policy: Air Pollution Control

The program implements the federal Clean Air Act to provide a legally enforceable State Implementation
Plan for the attainment and maintenance of the National Ambient Air Quality Standards. This program is
administered by the State Air Pollution Control Board (Virginia Code §10.1-1300 through 10.1-1320).

Determination for the Proposed Action: Consistent. The emissions from the operation of a
two to three vessels less than 60 feet in length over the course of 130 days in the Virginia
coastal zone would be negligible.

Coastal Lands Management

The program is a state-local cooperative program administered by DEQ's Water Division and 84 localities
in Tidewater, Virginia established pursuant to the Chesapeake Bay Preservation Act (Virginia Code §§
62.1-44.15:67 through 62.1-44.15:79) and Chesapeake Bay Preservation Area Designation and
Management Regulations (Virginia Administrative Code 9 VAC 25-830-10 et seq.).

Determination for the Proposed Action: Consistent. The proposed action takes place
entirely within open water and will therefore have no effect on coastal lands.

3.0 Conclusion
The NOAA Office of Coast Survey concludes that the proposed action is fully consistent with the
enforceable policies of the Virginia Coastal Program. Please feel free to contact me with any comments or
questions at christina.belton@noaa.gov or by telephone at 240-533-0057.
 Appendix A:

Map of the Project Area and

Proposed Bottom Sample Locations