CENAO-WRO-D December 15, 2022
FEDERAL PUBLIC NOTICE
Section 408 Categorical Permission 1 (408-CP-01) - Maintenance Dredging within the Footprint of Specific Civil Works Federal Navigation Projects Located in the Middle Peninsula, Virginia
Interested parties are hereby notified that the Norfolk District has approved Section 408 Categorical Permission 1 (408-CP-01) - Maintenance Dredging within the Footprint of Specific Civil Works Federal Navigation Projects Located in the Middle Peninsula, Virginia which will provide expedited and streamlined reviews and final decisions for permission to alter 17 U.S. Army Corps of Engineers (USACE) Federal Navigation Projects pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) and outlined by Engineer Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408, 10 September 2018.
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. Per the EC, the District can create a “categorical permission” to expedite and streamline the review and decisions of Section 408 requests that are similar in nature and that have similar impacts to the USACE project and environment. 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) Description: This categorical permission grants permission to alter specific Civil Works Federal Navigation Projects located in the Middle Peninsula of Virginia. The approved alteration(s) is limited to maintenance dredging and dredged material placement activities of a specific Federal Navigation Project, as listed below, and depicted as attached, to the Congressionally authorized dimensions. These activities must be reviewed in conjunction with a Department of the Army (DA) permit from the Norfolk District Regulatory Branch, including current versions of: Regional Permit 2 (RP-02), Nationwide Permit 19 (NWP-19), Nationwide Permit 35 (NWP-35), Letter of Permission (LOP), or a Standard (Individual) Permit (SP/IP).
The use of 408-CP-01 is limited to USACE Federal Navigation Projects under the responsibility of the Norfolk District Civil Works Program and located within the Middle Peninsula of Virginia, specifically these 17 Civil Works Federal Navigation Project Channels:
408-CP-01 Civil Works Federal Navigation Projects:
• Aberdeen Creek – Gloucester
• County
• Davis Creek – Mathews County
• Horn Harbor – Mathews County
• Winter Harbor – Mathews County
• Queens Creek – Mathews County
• Milford Haven – Mathews County
• Jackson Creek – Middlesex County
• Broad Creek – Middlesex County
• Mill Creek – Middlesex County
• Locklies Creek – Middlesex County
• Whiting Creek – Middlesex County
• Urbanna Creek – Middlesex County
• Rappahannock River
• Parrots Creek – Middlesex County
• Hoskins Creek – Essex County
• Mattaponi River
• Pamunkey River
The enclosed maps titled “Section 408 Categorical Permission CW Project Maps.pdf” depict each Federal Navigation Project included in 408-CP-01, the Non-Federal Sponsor for the Civil Works project, the distance to USACE designated placement site if applicable, the geo-referenced channel framework, the setback distance from the federal project indicating the boundary for which Section 408 authority applies, and the authorized dimensions.
How to Request a 408 Review Under 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 DA Joint Permit Application (JPA) submitted in accordance the JPA instructions on the Norfolk District Regulatory Branch webpage: https://www.nao.usace.army.mil/Missions/Regulatory/JPA.aspx. 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 meets all the terms and conditions of the 408-CP-01 and provide a written verification letter to the Requester and Regulatory PM.
Questions: If you have any questions about this CP or the CP request process, please contact Katy Damico, Section 408 Team Lead, via telephone at (757) 201-7670 or via email at nao.section408@usace.army.mil.
Attachments:
• Categorical Permission 1 (408-CP-01)
• 408-CP-01 Federal Navigation Project Maps