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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

Pacificorp Pole Replacements, Multnomah County, Oregon, 408 Review

Portland District
Published April 3, 2024
Expiration date: 4/18/2024
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SPECIAL PUBLIC NOTICE
PACIFICORP POLE REPLACEMENTS
MULTNOMAH COUNTY, OREGON, 408 REVIEW

Issue Date: April 3, 2024
Expiration Date: April 18, 2024
Corps Reference: PM-F-Section 408 0094-FY22 PacifiCorp Pole Replacements Project, Portland, Multnomah County, Oregon

15-Day Notice

This Public Notice announces the Section 408 review of the PacifiCorp Pole Replacements Project.

Portland District is reviewing the PacifiCorp’s, after-the-fact replacement of seven (7) transmission structure poles located within in the Multnomah County Drainage District #1 Columbia River Levee (West and East) systems, Portland, Multnomah County, Oregon.

Alteration of a federally authorized project: This after-the-fact review is to determine whether the alteration of the federal levee system by the PacifiCorp’s removal and replacement of seven transmission structure poles located at the base of the Columbia River Levee toe caused injury to the levee system. The applicant, PacifiCorp were instructed to provide data on backfill techniques for the excavated holes of the removed poles and the new pole excavation, seepage analysis by a geotechnical engineer to determine that there were no negative impacts, statement of how compaction data was attained, and a final as-build of the completed work.

The applicant provided the data, and the Corps is currently in final review of this documentation.

Further, the applicant will work with the Multnomah County Drainage District to update the Operations and Maintenance manual and Emergency Action Plan.

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 PacifiCorp Pole Replacements Project.

Comments should refer to PM-F- PacifiCorp Pole Replacements Project - 2022 and the date of this Public Notice (April 3, 2024) and be electronically submitted by the comment due date (April 18, 2024).

Comments must be sent electronically to section408nwp@usace.army.mil. Message subject MUST SAY: Public Notice PM-F- PacifiCorp Pole Replacements Project - 2022.

Alternatively, comments can be sent and be postmarked by the comment due date (April 18, 2024):

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.


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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.