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 by a 14 November 2023 memorandum, as detailed below:
SECTION 408 REQUEST ID NO.: 408-NAO-2026-0006
SECTION 408 REQUESTER:
Mr. Daniel Riley
City of Norfolk - Department of Utilities
P.O. Box 1080
Norfolk, VA 23510
PROJECT NAME: Nansemond River Crossing – Raw Water Main Replacement Project
FEDERAL PROJECT(S) TO BE ALTERED: Nansemond River Federal Navigation Project
LATITUDE AND LONGITUDE: HDD Entry Point 36.8179798, -76.5519301 and HDD Exit Point 36.8166104, -76.5586103
REQUEST DESCRIPTION: The City of Norfolk proposes replacing portions of the existing City of Norfolk raw water main across the Nansemond River in Suffolk, Virginia. The replacement raw water main will be 48-inch-diameter high density polyethylene (HDPE) installed by horizontal directional drilling (HDD). The HDD installation method minimizes land disturbance and therefore minimizes impact to the environment. The HDD crossing is approximately 2,130 feet in horizontal length and will be installed beneath the Nansemond River at a depth sufficiently below the navigation channel so as not to impact future dredging operations. Upon completion, the newly installed main will be connected to the existing raw water mains on both sides of the Nansemond River.
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=20261219 . 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 AND CULTURAL RESOURCE COMPLIANCE: A decision on a Section 408 request is a federal action subject to the National Environmental Policy Act (NEPA) and other federal environmental and cultural resources compliance requirements such as Section 7 of the Endangered Species Act, Section 106 of the National Historic Preservation Act, essential fish habitat consultation, and tribal consultation, etc. However, the Norfolk District Regulatory Branch is concurrently processing a Department of the Army (DA) permit application (DA Application No. NAO-1996-02757) for authorization pursuant to Section 10 and/or Section 404 via a Nationwide Permit 58 (NWP-58). Section 408 jurisdiction does not expand the scope of review beyond the areas and impacts considered in the Regulatory Branch’s review. The Section 408 decision will incorporate by reference the NEPA documentation and other federal environmental and cultural resources compliance requirements conducted by the Regulatory Branch as to not duplicate these efforts. Therefore, when the DA permit is verified, the final DA Memorandum Documenting General Permit Verification will adequately document compliance with NEPA and relevant environmental and cultural resources requirements and a separate NEPA Environmental Assessment (EA) and/or federal environmental and cultural resources consultations/coordination 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 and compliance with other federal environmental and cultural resources cannot be completed and a separate consultations would be required.
15-DAY COMMENT PERIOD: Written comments should be received by the close of business on July 14, 2026 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.