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About 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).

To determine if your project needs a Section 408 review, please copy and paste the requested information below, complete with your project details and relevant documents such as plans and specifications (if the attachments are too large to send via email, request an upload link) to the following email address: section408nwp@usace.army.mil.

Your contact information:

• 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)

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.

Section 408 Public Notices

SPECIAL PUBLIC NOTICE: MARINE DRIVE STORMWATER OUTFALL REPAIRS, PORTLAND, MULTNOMAH COUNTY, OREGON, 408 REVIEW

Portland District
Published Dec. 3, 2024
Expiration date: 12/18/2024
Map showing project area along North Marine Drive between approximately 2133 Marine Dr. W. and 3388 W. Delta Park Portland, Multnomah County, Oregon.
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Map showing project area along North Marine Drive between approximately 2133 Marine Dr. W. and 3388 W. Delta Park Portland, Multnomah County, Oregon.

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SPECIAL PUBLIC NOTICE
MARINE DRIVE STORMWATER OUTFALL REPAIRS 
PORTLAND, MULTNOMAH COUNTY, OREGON, 408 REVIEW

Issue Date: December 03, 2024
Expiration Date: December 18, 2024
Corps Reference: PM-F-Section 408 0152-FY22 Marine Drive Stormwater Outfall Repairs Project, Portland, Multnomah County, Oregon

15-Day Notice

This Public Notice announces the Section 408 review of the Marine Drive Stormwater Outfall Repairs. 

Portland District is reviewing the City of Portland’s proposal to repair or decommission a total of 13 existing publicly owned stormwater outfalls in Portland, Oregon. 

Alteration of a federally authorized project: This project proposes to repair or decommission 13 publicly owned stormwater outfalls near and within the Peninsula Drainage District #1 Levee (PEN 1).  The outfalls are owned by the Portland Bureau of Environmental Services and Metro. The proposed project may alter the PEN 1 Levee system 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 Marine Drive Stormwater Outfall Repairs

Comments should refer to PM-F-0152-FY22 - Marine Drive Stormwater Outfall Repairs and the date of this Public Notice (December 03, 2024) and be electronically submitted by the comment due date (December 18, 2024). 

Comments must be sent electronically to section408nwp@usace.army.mil. Message subject MUST SAY: Public Notice PM-F- 0152-FY22 Marine Drive Stormwater Outfall Repairs.

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


Section 214 public notices

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