CENAO-WRO-D January 27, 2023
FEDERAL PUBLIC NOTICE
Section 408 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.
The Norfolk District is seeking comments regarding the development of Section 408 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 which will provide expedited and streamlined reviews and final decisions for permission to alter the U.S. Army Corps of Engineers (USACE) Sandbridge Beach Erosion Control and Hurricane Protection Project 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 2 (408-CP-02) ALTERATION DESCRIPTION:
Section 408 Categorical Permission 2 (408-CP-02) would grant permission to alter the Sandbridge Beach Erosion Control and Hurricane Protection Project (Federal project), a USACE Civil Works project, via a variety of requests from property owners for minor and low impact activities such as sand maintenance and construction of structures on residential properties located within the Federal project easement. Property owners at the Federal project have requested and are expected to continue to request authorization to have sand and debris removed or to construct and maintain a variety of surface or subsurface structures on private property that require Section 408 coordination. All proposed activities will take place landward of mean high water (MHW) line.
• Sand Maintenance - Sand from Sandbridge Beach is continuously migrating through natural processes onto residents’ properties such as yards, decks, and pools. Residents frequently propose to remove excess sand that has migrated onto private property and place the sand back onto Sandbridge Beach and within the Federal project limits to maintain their properties. Maintenance may also be required for non-sand marine debris that migrates through natural processes onto private property and may requires disposal.
• 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.
Comments: Comments are requested in writing by February 27, 2023. Please send all comments via email to: firstname.lastname@example.org.
Questions: If you have any questions about this CP, please contact Katy Damico, Section 408 Team Lead, via telephone at (757) 201-7670 or via email at email@example.com.
• Categorical Permission 2 (408-CP-02)
• Sandbridge Sand Management Programmatic EA-FONSI
• 408-CP-02 Review Request Form Example