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 (USACE) 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-2024-0127
SECTION 408 REQUESTER:
Town of Tappahannock
c/o Mr. Eric S. Pollitt, Town Manager
915 Church Lane
Tappahannock, VA 22560
PROJECT NAME: Town of Tappahannock Captain Thomas Transient Dock Facility
FEDERAL PROJECT(S) TO BE ALTERED: Hoskins Creek Federal Navigation Project
LATITUDE AND LONGITUDE: 37.917446 N, -76.858441 W
REQUEST DESCRIPTION: This Section 408 Request was submitted by the Town of Tappahannock to construct a canoe/kayak launch and transient boat docking facility situated at the Captain Thomas Site on Hoskins Creek. The overall facility will also offer fuel for transient boaters, a pump-out station, bathhouse, and parking lot. The main purpose of the project is to expand transient boater access along the Rappahannock River. Boaters will have access to a new bathhouse facility, developed infrastructure, and the thriving economy of Main Street Tappahannock. The transient dock will offer a sheltered, deep-water location that is immediately adjacent to a federally maintained navigation channel that is connected with the Rappahannock River. The main dock will be a 13-foot-wide by 240-foot-long floating dock that can side moor up to (16) 26-foot-long transient vessels. The floating dock will be ADA accessible and accessed by a 6-foot by 80-foot gangway that connects to a 25-foot by 30-foot fixed timber pierhead. The pierhead will also support the fuel pump and sanitary pump-out station. The pierhead will connect to the landside with an 8-foot-wide by 72-foot-long timber walkway. Upstream from the transient boat dock is a proposed canoe/kayak launch that will be a 10-foot-wide by 20-foot-long floating with an 8-foot by 10-foot gangway support float that is connected to landside with a 5-foot-wide by 40-foot-long gangway.
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=20250193 . 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.
ENVIRONMENTAL CONSIDERATIONS: The Norfolk District Regulatory Branch is concurrently processing a Department of the Army (DA) permit application (DA Application No. NAO-2024-00366) 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.
15-DAY COMMENT PERIOD: Written comments should be received by the close of business on June 5, 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.