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: Levee Certification Project Geotechnical MC_2 (Council Bluffs Seepage Stability Improvements Levee Unit L-624 (Section 2)–Mosquito Creek Left Bank) (Section 408 Reference Number: 408-NWO-2024-0029).
REQUESTER: In compliance with USC Title 33, Chapter 9, Subchapter 1, Section 408, the City of Council Bluffs (Requester), with JEO Consulting and Barr Engineering, has requested permission from the U.S. Army Corps of Engineers (USACE) for an alteration at the L-624-Mosquito Creek Left Bank Levee (Federal Project), operated and maintained by the City of Council Bluffs
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 Levee Certification Project Geotechnical MC_2 would entail an alteration to the Federal Project, and therefore requires permission under Section 408.
LOCATION: The proposed Levee Certification Project Geotechnical MC_2 is located within Council Bluffs, IA. Approximate coordinates 41.19659° N, 95.83076° W
REQUESTER’S PROPOSED ACTON: The Requester’s proposed project is one component of multiple planned and some previously completed Council Bluffs levee alterations/improvements (other components submitted under separate Section 408 requests) and is comprised of the following elements: The Levee Certification Project Geotechnical MC_2 project is intended to address seepage issues seen in past flood events and will involve work between approximate City levee stations D245+00 and D283+25. The proposed improvement project includes building a seepage berm to improve levee seepage and stability and extension of drainage structure intake piping to accommodate the extended seepage berm footprint. The proposed improvements are required for the levee segment to meet certification requirements of the Federal Emergency Management Agency (FEMA), as stated in Title 44, Section 65.10 of the Code of Federal Regulations (44 CFR 65.10).
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) 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.
A Programmatic Environmental Assessment (PEA) & Finding of No Significant Impact (FONSI), for Council Bluffs Levee Program Section 408 Alterations was signed USACE Omaha District Commander Colonel John W. Henderson, P.E. in May 2017. The proposed alteration(s) are included on the list of planned 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. The PEA & FONSI can be found at this link: https://usace.contentdm.oclc.org/digital/collection/p16021coll7/id/3958
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