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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

YOUNGS RIVER LEWIS AND CLARK WATERLINE DRILLING, ASTORIA, OREGON, 408 REVIEW

Portland District
Published April 23, 2024
Expiration date: 5/8/2024
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SPECIAL PUBLIC NOTICE
YOUNGS RIVER LEWIS AND CLARK WATERLINE DRILLING, ASTORIA, OREGON, 408 REVIEW

Issue Date: April 23, 2024
Expiration Date: May 8, 2024
Corps Reference: PM-F-Section 408 0251-FY23 Youngs River Lewis and Clark Waterline Drilling Project, Astoria, Clatsop County, Oregon

15-Day Notice

This Public Notice announces the Section 408 review of the Youngs River Lewis and Clark Waterline Drilling. 

Portland District is reviewing the National Park Service proposal to conduct subsurface exploration to aid in a waterline installation below Jeffers Slough and the Lewis and Clark River. 

Alteration of a federally authorized project: This project proposes to drill four borings along the Lewis and Clark River to aid in the installation design of a waterline to provide adequate fire flow for the Lewis and Clark National Historic Park and residents surrounding the area. Three of the borings would occur on land while one would be a barge-based boring. Two of the land-based borings are proposed within 100-feet of the Clatsop 5 - Lewis and Clark River Levee and the Clatsop Co. Diking Dist. No. 11 Levee. 

Based on the proximity of the borings, they 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 Youngs River Lewis and Clark Waterline Drilling

Comments should refer to PM-F- 0251-FY23 - Youngs River Lewis and Clark Waterline Drilling and the date of this Public Notice (April 23, 2024) and be electronically submitted by the comment due date (May 8, 2024). 

Comments must be sent electronically to section408nwp@usace.army.mil . Message subject MUST SAY: Public Notice PM-F- 0251-FY23 Youngs River Lewis and Clark Waterline Drilling.

Alternatively, comments can be sent and be postmarked by the comment due date (May 8, 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.

Aerial Photo of Youngs River Lewis & Clark Water District Crossing in Clatsop County, Oregon.


 


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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.