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: ND ”MarmarthLevee” IIG “FiberOpticCable” (Section 408 Reference Number: 408-NWO-2025-0028).

REQUESTER: In compliance with USC Title 33, Chapter 9, Subchapter 1, Section 408, the Intermountain Infrastructure Group, LLC (IIG) (Requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for an alteration at the Little Beaver Creek LB & Little Missouri River LB Flood Risk Reduction Project. (Federal Project) operated and maintained by City of Marmarth.

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 “MarmarthLevee” IIG “FiberOpticCable” would entail an alteration to the Federal Project and therefore requires permission under Section 408.

LOCATION: The proposed MarmarthLevee_IIG-FiberOpticCable is located within City of Marmarth, Slope County, North Dakota; approximate center coordinates: 46°29'78.11"N,

103°91'66.68"W.

REQUESTER’S PROPOSED ACTON: The Requester’s proposed project is comprised of the following elements: The project will include installing a fiber optic utility line under the Little

Missouri River and the existing flood control levee on the west side of the river and on the east side of Marmarth, North Dakota. The design and installation of the crossing will need to be performed per EM1110 2-2902 from the United States Corps of Engineers (USACE). The planned utility will be a 6.625-inch outside diameter line.

The HDD installation under the levee and river bottom will allow for protection from stresses and loads on the fiber optic lines. The HDD will install the lines approximately 20 feet below the bottom of the levee. The line is proposed to pass 21 feet below the provided surface of the river (which reportedly has a depth of less than 5 feet).The bore pit for the installation will be 60 feet away from the toe of the protected side toe of the Marmarth levee. The HDD crossing distance is about 615 feet. The HDD plan and profile sheets describing existing grades and the proposed installation alignment are shown on the drawing provided by Readitech Engineering attached in the Appendix.

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 Categorical Exclusion(s) under 33 CFR § 230.9 (i)] is appropriate to inform the anticipated effects to the quality of the human and natural environment from implementation of the proposed Section 408 project.  

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