Section 408 Review of Embassy Suites Patio Improvement, Virginia Beach, Virginia

U.S. Army Corps of Engineers Norfolk District
Published Aug. 20, 2021
Expiration date: 9/7/2021

Interested parties are hereby notified of a request for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) that has been received and will be evaluated by the Norfolk District. Written comments, including any objections to the proposed alteration, stating reasons therefore, are being solicited from anyone having an interest in the requested alteration. The authority to grant permission for temporary or permanent use, occupation, or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The proposed action is also subject to the requirements and objectives of Executive Order (EO) 11988, Floodplain Management and has the potential to impact floodplains. This notice complies with Section 2(a)(4) of EO 11988 and requests advance public comment to determine if there are any public concerns regarding potential impacts on floodplains.

The action being considered is located in Virginia Beach, Virginia and has the potential to impact the Virginia Beach Erosion Control and Hurricane Protection Project. The action is proposed at the Embassy Suites Virginia Beach immediately landward of the federal project’s seawall between 41st and 42nd and includes constructing and/or installing aluminum picket railings, wood decks, paver areas, concrete sidewalks, and at grade landscaping within the seawall easement. Per the structural calculations submitted by Gold Key Professional Hospitality Resource, the proposed project measures would be installed above the seawall scour slab.

Written comments may be submitted via mail to:
U.S. Army Corps of Engineers, Norfolk District
803 Front Street
Norfolk, VA 23510-1096
ATTN: Zach Martin
Or email to

If you have any questions, please contact Zach Martin by telephone at 757-201-7320 or via email at Comments are due by September 7, 2021.