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Program Manager: Sally Bird-Gauvin
503-808-4765

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***Important Notice regarding Section 408 Funding***

As of July 2022, USACE has expended the $10 million appropriated funding received in the Fiscal Year 2022 which runs from October 1, 2021 to September 30, 2022, for performing Section 408-related reviews and activities.

Portland District’s ability to process Section 408 requests will be impacted. This may include a need to pause activities for current applications and delay start on any new applications received. Options for applicants that have needs may include entering into a funding agreement (reference Appendix I, EC 1165-2-220), or waiting for new appropriations to be received in fiscal year 2023 which may begin as soon as October 2022, but could be delayed according to when a Federal Budget is passed. Section 408 requests that are funded with a current Funding Agreement will not be impacted as they are funded by the applicant through the funding agreement.

 

What is Section 408?

Section 408 is the process that allows alteration to a federally authorized project. The proposed project cannot pose a risk to the public interest and will not impair the usefulness of the federally authorized project. Examples of federally authorized projects include, but are not limited to levees, dams and the federal navigation channel.

This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, codified at 33 United States Code (USC) 408 (Section 408).

Section 408 Public Notices

NW Natural Gas - Bridgeton Road Regulator Replacement Project, Multnomah County, Oregon, 408 Review

PORTLAND DISTRICT
Published May 9, 2022
Expiration date: 5/9/2022
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Issue Date: April 22, 2022
Expiration Date: May 7, 2022
Corps Reference: PM-F-Section 408-0014-FY21 NW Natural Gas Regulator Replacement 221 N. Bridgeton Rd, Multnomah County, Oregon

 

                                                                                                                  

15-Day Notice                    

This Public Notice announces the Section 408 review of the NW Natural Gas Regulator Replacement N Bridgeton Rd Project. 

Portland District is reviewing the NW Natural Gas, per it’s NPDES permit, proposes to replace the existing gas regulator to be in compliance with the new engineering design requirements.

Alteration of a federally authorized project: This project proposes to excavate a small hole to expose the existing pipe and regulator. The pipe and regulator will be replaced per engineering specifications. The proposed excavation will be approximately 6’ wide x 6’ long x 4’ deep. Once the project is completed NW Natural will restore the site to pre-existing conditions. Removal of existing pipe and regulator may alter the federal levee and therefore require authorization from the Corps, pursuant to 33 USC 408 (Section 408). Section 408 provides authority to the Secretary of the Army to grant permission for the alteration or modification of Corps federal civil works projects when, in the judgment of the Secretary, such alteration or modification will not be injurious to the public interest and will not impair the usefulness of the project.

Consideration of Comments: The Corps is soliciting comments specific to this project from the public, federal, state and local agencies and officials, and other interested parties. Comments will be considered in determining whether it would be in the public interest to proceed with this action.

All comments received will become part of the official record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.
 
Comments: Interested parties may submit, in writing, any comments directed specifically to this proposal and not to other regulatory processes administered by the Corps or other government agencies pertaining to the NW Natural Gas Regulator Replacement N Bridgeton Rd Project..

Comments should refer to PM-F- NW Natural Gas Regulator Replacement N Bridgeton Rd Project - 2021 and the date of this Public Notice (April 22, 2022) and be electronically submitted by the comment due date (May 7, 2022). 

Comments must be sent electronically to section408nwp@usace.army.mil . Message subject MUST SAY: Public Notice PM-F- NW Natural Gas Regulator Replacement N Bridgeton Rd Project - 2021.

Alternatively, comments can be sent and be postmarked by the comment due date (May 7, 2022):

U.S. Army Corps of Engineers, Portland District 
ATTN: Ms. Sally Bird-Gauvin
P.O. Box 2946
Portland, Oregon 97208-2946. 

For additional information, please send email to: section408nwp@usace.army.mil, attention to: Sally Bird-Gauvin. This public notice is issued by the U.S. Army Corps of Engineers, Portland District.


Section 214 public notices

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How to apply for a Section 408 permission

To determine if your project needs a Section 408 review, please copy and paste the requested information below, complete with your project details, to the following email address: section408nwp@usace.army.mil.

If your project impacts waters of the United States (including wetlands), you may also need a permit from our Regulatory office.
If both a Regulatory permit and Section 408 permission are required, the Regulatory permit cannot be issued, before or without, the Section 408 permission.

Contact info:
• Name (first/last)
• Mailing Address
• Phone number (555-555-5555)
• E-mail
• Applicant/Agent type (indicate one: consultant/state/county/city/port/diking district/internal USACE/private citizen/other)
• Applicant rep (indicate one: self/name of firm/government office)

Project information:
• Location of proposed work (street/city/zip code/County)
• Latitude (in decimal degrees, i.e. 1.11)
• Longitude (in decimal degrees, i.e. 1.11)
• Google Maps link (Google Maps pin drop location via url)
• Describe the proposed project (be as detailed as possible)
• Is it a levee project?
   If yes, what is the diking district's name and contact information?
   Check the National Levee Database to find your diking district.
   If the diking district is inactive, state "inactive."
• Have you contacted the diking district about your project?
• Have you contacted the Portland District Regulatory Office?
   If yes, who is the Regulatory Project Manager?
• Current land ownership
• Section township range
• Work type (indicate one: new construction/maintenance/installation/dredging/environmental restoration/gravel mining)
• Other work type (if other work type, explain)
• Attach relevant documents such as plans and specifications to your email. If the attachments are too large to send via email, request an upload link by sending an email to section408nwp@usace.army.mil.