Section 408 Special Public Notice

The U.S. Army Corps of Engineers, Charleston District, is seeking public comment on an application for a Section 408 permission pursuant to Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 U.S.C. 408 (“Section 408”).

The purpose of this public notice is to solicit comments from the public regarding the work described below:

Applicant: Jason Rabon
Dominion Energy South Carolina, Inc.
601 Old Taylor Road
Cayce, SC 29033

Agent: Kathryn Mays
Dominion Energy
200 Operations Way
Cayce, SC 29033

Overview: The proposed ‘North Myrtle Beach Growth Feeder Project - Ph1’ project is to provide a new high-pressure natural gas supply line to the North Myrtle Beach area to enhance system reliability and support existing and future customer demand. The project would strengthen the regional gas distribution network by establishing an additional feed source and improving service resiliency. Because the proposed action would consist of work within the Atlantic Intracoastal Waterway (AIWW) Navigation Project, which is a USACE Civil Works project, a Section 408 review is required to determine the impact(s) of the proposed action to the waterway. The public is invited to provide comments on this review at the addresses listed at the end of this notice no later than September 19, 2026.

Proposed Action: The project scope includes installation of a high pressure natural gas line via horizontal directional drilling (HDD) and open trench construction methods under the AIWW and within Santee Cooper’s transmission line right-of-way (ROW) and private easements. The total project length is expected to be approximately 6.5 miles and includes an HDD design to install a 12-inch diameter steel high pressure pipeline 50 feet below the existing 12-foot depth/bottom contour of the AIWW. A discharge of fill material into waters of the United States (WOTUS) is not anticipated for the project.

Project Location: The proposed project is located at, near, or in the vicinity of the AIWW in Myrtle Beach, Horry County, SC (Lat: 33.760757; Long: -78.825021).

Comment Submittal: Comments, referencing identification number (SAC-2026-00818), must be submitted via email to SAC-408-Submittals@usace.army.mil or mailed and postmarked, by Sept. 19, to:

U.S. Army Corps of Engineers, Charleston District
ATTN: Section 408 Coordinator
69A Hagood Ave, Charleston, SC 29403

Public Notice SAC-2026-00818

Charleston District Section 408 Program

The purpose of a Section 408 review is to ensure that the Congressionally-authorized benefits of a USACE project are not undermined by an alteration made by others and to ensure the alteration is not injurious to the public interest (e.g., flood risk management, coastal storm damage reduction, navigation).

The U.S. Army Corps of Engineers (USACE) is required to review requests initiated by private, public, tribal, or other federal entities that propose to make alterations to, or temporarily or permanently occupy or use, any USACE federally authorized civil works project pursuant to 33 USC 408 (Section 408) and in accordance with Engineering Circular 1165-2-220. Each district will review the requests within their boundary area.

USACE will then make a determination as to whether the proposed action is injurious to the public interest or affects the ability of the project to meet its authorized purpose.  Following the review, the USACE district will make a 408 determination as to whether the proposed alteration, occupation, or use of the federal project is approved or denied. 

Contact Information:

Section 408 Coordinator
Charleston District, USACE
69A Hagood Ave
Charleston, SC 29403
(843) 329-8000
408 Inbox: sac-408-submittals@usace.army.mil

Additional Section 408 Information

USACE’s procedures for reviewing requests for Section 408 permission is contained in Engineer Circular (EC) 1165-2-220. 

Section 408 Process Guides
If you are looking for information about how to navigate the Section 408 program, these resources are for you. During the program’s Summer 2022 Listening Session Series, stakeholders, and Section 408 coordinators from USACE districts across the country asked for tools to help guide them through the ins and outs of seeking permission to alter a USACE Civil Works project—especially for those who are new or unfamiliar with program processes.


The following materials were designed with this feedback in mind:

  • Section 408 & You – an overview of Section 408 and the process of seeking a permission.
  • Seven Questions for Section 408 Success – a short guide with questions for permission seekers to consider as they begin their request to the program.
  • Section 408 Pre-Application Meeting Guide – a one-page guide designed to help permission seekers get the most out of a pre-application meeting with their Section 408 coordinator.
  • Section 408 Process Guide – an in-depth guide to the program and the process of seeking permission to alter a Civil Works project from start to finish.
  • Section 408 & DIPPS Guide – a guide providing an overview of when and how to prepare a drilling and invasive program plan (DIPP) for drilling and invasive activities at a dam or levee in accordance with U.S. Army Corps of Engineers (USACE) Engineer Regulation 1110-1-1807. This includes horizontal direction drilling (HDD). 

These materials are a great place to start—and for even more information, please contact the Charleston District Section 408 Point of Contact listed at the top of this webpage.

Section 408 Review Requests

If a Department of the Army (DA) permit authorization is required, a Joint Permit Application (JPA) must be submitted through the Charleston District's Regulatory Office dependent on the region of the state. More information can be found at https://www.sac.usace.army.mil/Missions/Regulatory.aspx.

If a Regulatory permit is not required, the Section 408 Review Request should be submitted directly to the District's Section 408 Coordinator at sac-408-submittals@usace.army.mil.

To request a pre-application meeting or to submit any Section 408 questions or comments, please submit directly to the Section 408 Coordinator at sac-408-submittals@usace.army.mil.