THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. A DECISION HAS NOT BEEN MADE REGARDING ISSUANCE OF PERMISSION AT THIS TIME.
PROJECT TITLE: Closure Structures Improvements at Havre, Milk River Right Bank Levee (Section 408 Reference Number: 408-NWO-2024-0051).
REQUESTER: In compliance with USC Title 33, Chapter 9, Subchapter 1, Section 408, Great West Engineering on behalf of Hill County, MT (Requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for an alteration at Havre - Milk River Right Bank Levee (Federal Project).
AUTHORITY: The authority to grant permission for temporary or permanent use, occupation, or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary of the Army’s authority under Section 408 has been delegated to USACE, Chief of Engineers. USACE, Chief of Engineers has further delegated the authority to USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity. An alteration is defined as any action that builds upon, alters, improves, moves, occupies or otherwise affects the usefulness, or the structural or ecological integrity of a Corps federally authorized project.
EVALUATION: USACE Omaha District has determined that the Closure Structures Improvements at Havre, Milk River Right Bank Levee would entail an alteration to the Federal Project, and therefore requires permission under Section 408.
LOCATION: The proposed Closure Structures Improvements at Havre, Milk River Right Bank Levee is located within Havre, Hill County, MT; approximate center coordinates: East Closure Structure 48.560434°, -109.653546°; West Closure Structure 48.560780°, -109.710924°.
REQUESTER’S PROPOSED ACTON: The Requester’s proposed project would involve the repair of east and west closure structures of the Milk River RB levee over BNSF Railway. The levee embankment, which had previously been lowered at both closure structures, will be restored to its original design elevation. The proposed activities include regrading and raising the right bank levee at both the east and west closures to Operation & Maintenance Manual elevation with impervious low plasticity fill and 6 inches of gravel surfacing. Additionally, a total of six new access ramps, two at the east closure and four at the west closure, will be constructed and placed at the east and west closures. The access ramps will be benched no steeper than 2:1 (H:V) into the existing levee slope and will be constructed at slopes no steeper than 10:1 (H:V). Additionally, in coordination with the non-federal sponsor (Hill County, MT), BNSF has requested USACE approval for replacement of utility lines to the signal house on the north side of the west closure.
Only project elements that would alter the Federal Project are within the review scope for the Section 408 permission request. A portion of the proposed activities are located within the floodplain.
NATIONAL ENVIRONMENTAL POLICY ACT: USACE has determined an Environmental Assessment (EA) is appropriate to inform the anticipated effects to the quality of the human and natural environment from implementation of the proposed Section 408 project.
A Programmatic Environmental Assessment (PEA) & Finding of No Significant Impact (FONSI), for Categorically Permitted Alterations in the state of Montana and signed USACE Omaha District Commander Colonel John W. Henderson, P.E. in March 2017. The proposed alteration(s) are included on the list of Categorically Permitted Alterations contained within the PEA identified above. Reevaluation of the potential environmental effects associated with the proposed alteration(s) will be documented in a Record of Environmental Consideration for this Section 408 review. Link to PEA & FONSI: Montana
https://www.nwo.usace.army.mil/Portals/23/docs/em/MontanaPEA.pdf?ver=2017-04-18-172209-387×tamp=1492617295899
LIMITS OF SECTION 408 AUTHORITY: The Requester has the responsibility to acquire all other permissions or authorizations required by Federal, state, and local laws or regulations, including any required permits from the USACE Regulatory Program under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), Section 404 of the Clean Water Act (33 USC Section 1344). In addition, an approval under Section 408 does not grant any property rights or exclusive privileges, nor does it authorize any injury to the property or rights of others.
PUBLIC INVOLVEMENT: USACE will accept comments on this Public Notice and make them part of the evaluation record, and they will be considered in USACE’s determination whether the proposed alteration would be injurious to the public interest and would impair the usefulness of the Federal Project, as well as assessing the impacts of the proposal on the quality of the human environment. Interested parties may submit in writing any comments concerning this notice. USACE will consider all submissions received before the expiration date of this notice. USACE will post this Public Notice to the following website:
https://www.nwo.usace.army.mil/Media/Public-Notices/
SUBMITTING COMMENTS: Comments pertaining to this public notice must be submitted via email or conventional mail on or before the EXPIRATION DATE and must include the 408 Reference Number above. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act, including personally identifiable information such as names, phone numbers, and addresses.
All email comments should be sent to: section408nwo@usace.army.mil.
Conventional mail comments should be sent to:
U.S. Army Corps of Engineers - Omaha District
Planning Branch, CENWO-PMA-A
ATTN: Section 408 Coordinator
1616 Capitol Avenue
Omaha, NE 68102