20 MAY 2025
CENAO-WRO
408-NAO-2025-0040
FEDERAL PUBLIC NOTICE – SECTION 408
Interested parties are hereby notified that a request has been received for permission to alter a U.S. Army Corps of Engineers federal civil works project (USACE project), operated and/or managed by the Norfolk District, pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408 (Section 408). Under Section 408, the Norfolk District has the authority to grant permission for temporary or permanent use, occupation or alteration of any USACE project as long as it is determined that the activity will not impair the usefulness of the project and will not be injurious to the public interest. This Section 408 evaluation will be performed consistent with Engineer Circular (EC) 1165-2-220, dated 10 September 2018 and extended 14 November 2023 and as detailed below:
SECTION 408 REQUEST ID NO.: 408-NAO-2025-0040
SECTION 408 REQUESTER:
Dominion Terminal Associates
ATTN: Matthew Slemp
600 Harbor Road
Newport News, VA 23607
PROJECT NAME: Dominion Terminal Maintenance Dredging Project
FEDERAL PROJECT(S) TO BE ALTERED: Norfolk Harbor and Channels (NHC) – Channel to Newport News and the Craney Island Dredged Material Management Area (CIDMMA)
LATITUDE AND LONGITUDE: 36.963288 / -76.423271
REQUEST DESCRIPTION: This Section 408 Request is for the continued maintenance dredging at the Dominion Terminal Associates (DTA) facility on the James River adjacent to the NHC Channel Newport News Federal Navigation Project. The permitted depth at the facility is currently -57 ft MLW. The current dredging footprint consists of approximately 26.50 acres of subaqueous, unconsolidated bottom. Dredging will be completed mechanically with placement at an approved upland disposal facility. When capacity is available and pending final authorization, future maintenance cycles may utilize the CIDMMA for dredged material placement.
ENVIRONMENTAL CONSIDERATIONS: The Norfolk District Regulatory Branch is concurrently processing a Department of the Army (DA) permit application (DA Application No. NAO-2004-03364) for authorization pursuant to Section 10 and/or Section 404 via a State Programmatic General Permit - Piers, Aquaculture, Shoreline, Dredging, Other (SPGP-PASDO). Section 408 jurisdiction does not expand the NEPA scope of review beyond the areas and impacts considered in the Regulatory Branch’s NEPA review and other environmental considerations. Therefore, when the DA permit is verified, the final DA Memorandum Documenting General Permit Verification will adequately document compliance with NEPA and a separate NEPA environmental assessment will not be required for this Section 408 request. In the event the DA permit verification is denied, the corresponding Section 408 permission will be withdrawn since NEPA compliance cannot be completed and a separate EA would be required.
PROJECT APPLICATION AND PLANS: Please click this link to view the Joint Permit Application (JPA) and project plans here: https://webapps.mrc.virginia.gov/public/habitat/additionaldocs.php?id=20250415. If you are having trouble accessing the JPA from this link, please contact the Section 408 Coordinator at nao.section408@usace.army.mil and a copy can be emailed to you directly.
15-DAY COMMENT PERIOD: Written comments should be received by the close of business on JUNE 4, 2025 and include any comments about or objections to the proposed alteration. Please submit comments by email to the Section 408 Coordinator, Katy Damico, at nao.section408@usace.army.mil or by U.S. Mail to:
U.S. Army Corps of Engineers, Norfolk District
803 Front Street
Norfolk, VA 23510-1096
ATTN: Katy Damico, CENAO-WRO
PRIVACY AND CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the USACE. Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the USACE. Submissions should not include any information that the submitter seeks to preserve as confidential.
USACE CONTACT: If you have any questions, please contact the Norfolk District Section 408 Coordinator, Katy Damico, via email at nao.section408@usace.army.mil or by telephone at 757-201-7670.