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: NDDOT Cannonball River and Cantapeta Creek Bridge Replacements (Section 408 Reference Number: 408-NWO-2024-0036).
REQUESTER: In compliance with USC Title 33, Chapter 9, Subchapter 1, Section 408, the North Dakota Department of Transportation (Requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for an alteration at the Oahe Dam and Reservoir Project (Federal Project) operated and maintained by USACE.
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 Cannonball River and Cantapeta Creek Bridge Replacements would entail an alteration to the Federal Project and therefore require permission under Section 408.
LOCATION: The Cannonball River Bridge is located on North Dakota Highway 1806 1.5 miles west and 2 miles north of Cannonball, North Dakota (approximate coordinates 46.415221,
-100.635194), and the Cantapeta Creek Bridge is located on North Dakota Highway 1806 1 mile north of the Cannonball River Bridge (approximate coordinates 46.426088, -100.635321).
REQUESTER’S PROPOSED ACTON: The Requester’s proposed project consists of removing the existing bridges and replacing them with new bridges. The structure replacements will also include roadway grading at both ends of the new structures, fencing, and erosion control. The estimated project area for the two sites is approximately 50 total acres.
The projects will require permanent and temporary Right-of-Way (ROW). The ROW will allow for roadway realignment at the Cannonball River site, construction of a temporary bypass at the Cantapeta Creek site, and construction/maintenance of the proposed structures, including riprap at both sites. It is estimated 11.250 acres of temporary easements and 16.739 acres of permanent easements will be required. Any temporary ROW will be restored to pre-construction conditions.
It is estimated that 20,000 cubic yards (CY) of fill and 25,800 CY of cut will be needed to realign North Dakota Highway 1806 to the new Cannonball River structure. Additionally, 22,050 CY of fill will be required to construct the temporary bypass at the Cantapeta Creek site, and the structure replacement will require an estimated 1,750 CY of fill and 1,500 CY of cut. Cut/fill balance has been reviewed for the project, and all four zones in the Oahe Reservoir are balanced between the Cannonball River and Cantapeta Creek sites.
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 a Categorical Exclusion 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