The purpose of a Section 408 review is to ensure that the Congressionally-authorized benefits of a USACE project are not undermined by an alteration made by others, and to ensure the alteration is not injurious to the public interest (e.g., flood risk management, coastal storm damage reduction, navigation).

The U.S. Army Corps of Engineers (USACE), Norfolk District is required to review requests initiated by private, public, tribal, or other federal entities that propose to make alterations to, or temporarily or permanently occupy or use, any USACE federally authorized civil works project pursuant to 33 USC 408 (Section 408) and in accordance with Engineering Circular 1165-2-220. 

The USACE will then make a determination as to whether the proposed action is injurious to the public interest or affects the ability of the project to meet its authorized purpose.  Following the review, the USACE will make a 408 Determination as to whether the proposed alteration, occupation, or use of the federal project is approved or denied. 

In accordance with EC 1165-2-220, the Norfolk District maintains the ability to create a “categorical permission” in order to expedite and streamline the review and final decisions of Section 408 requests that are similar in nature and that have similar impacts to the USACE project and environment. An assessment of impacts to the usefulness of the USACE project, environmental compliance, and a public interest determination is conducted ahead of time for a common category of activities. For those individual Section 408 requests that are consistent with the terms and conditions of an established categorical permission, the Section 408 request can be granted with a simplified validation process.

Categorical Permission 1 (408-CP-01) - Maintenance Dredging within the Footprint of Specific Civil Works Federal Navigation Projects Located in the Middle Peninsula, Virginia

•    408-CP-01 grants permission to alter specific Civil Works Federal Navigation Projects located in the Middle Peninsula of Virginia, as depicted on the attached 408-CP-1 CW Project Maps. The approved alteration(s) is limited to maintenance dredging and dredged material placement activities of a specific Federal Navigation Project to the Congressionally authorized dimensions. These activities must be reviewed in conjunction with a DA permit from the Norfolk District Regulatory Branch. See the full 408-CP-01 for complete details.

•    408-CP-01 Request – To request a Section 408 review under the terms and conditions of 408-CP-01, the Requester must provide a complete and signed Section 408 Categorical Permission (408-CP-01) Review Request Form along with the applicable Department of the Army Joint Permit Application (JPA) submitted in accordance the JPA instructions on the Norfolk District Regulatory Branch webpage. Once received and assigned to a Regulatory project manager (PM), a copy will be forwarded to the Section 408 Team Lead and the 408-review process will begin. The Section 408 reviewer will review and verify the proposed alteration to ensure it is covered under 408-CP-01 and identify additional information required to process the request.

Categorical Permission 2 (408-CP-02) - Low Impact Alterations Conducted By Nonfederal Sponsors or Independent Requestors to the Sandbridge Beach Erosion and Hurricane Protection Project in Virginia Beach, Virginia.

2. Structures - Property owners at the Federal project have requested and are expected to continue to request authorization to construct and maintain a variety of surface or subsurface structures on private property but within the Federal project easement. Structures may include but are not limited to bulkheads (or low-profile retaining walls), piles, decks, pools, storage sheds, landscaping, or other residential structural features. Structures may be constructed and maintained for various purposes including protection of property, safety, improvements to meet local or state codes, aesthetics, and recreation.

• 408-CP-02 Request – To request a Section 408 review under the terms and conditions of 408-CP-02, the Requester must provide a complete and signed Section 408 Categorical Permission 2 (408-CP-02) Review Request Form along with project plans submitted to the Section 408 Coordinator at nao.section408@usace.army.mil. The Section 408 Coordinator, or assigned Section 408 reviewer, will review, and verify the proposed alteration is covered under this CP and identify any additional information required to process the request.