SECTION 408 UPDATE - PNWA CONFERENCE 237 217 200 80 252 83 237 217 200 119 174 36 237 217 200 27 .59 118 255 0 163 131 239 110 112 62 102 130 255 0 163 132 65 135 92 102 56 120 255 0 163 122 53 120 56 130 48 111 Marci E. Johnson Section 408 Program Manager Portland District 20 June 2017 1
SECTION 408 – WHAT IS IT? A required permission process for any modification to a federally authorized project. The authority and the criteria which the Corps will use to review, evaluate and approve the proposed modification to a federally authorized project. Section 408 packages must be complete, evaluated and approved prior to construction. Not part of Regulatory’s Section 10 and 404 permitting program, but a Regulatory permit cannot be issued until Section 408 approval is granted. This includes Nationwide Permit verifications. 2
SECTION 408 AUTHORITY Authorized in Section 14 of the River and Harbors Act of 1899 (33 USC 408) – Provides that the Secretary of the Army may, on recommendation of the Chief of Engineers, grant permission for the alteration of a public work so long as that alteration is not injurious to the public interest and will not impair the usefulness of the work. Implementation Guidance: – Engineering Circular (EC) 1165-2-216, Issued 31 July 2014, Expiration date extended to 30 September 2017. 3
SECTION 408 AUTHORITIES What changed? – No more minor 408’s. • All 408’s request must be reviewed to determine if the action will alter a federal project. – Review includes environmental (NEPA, ESA, etc.) and real estate. – Timeline for reviews are significantly longer. – Limited funding is available from Corps Headquarters. 4
HOW TO GET STARTED – PORTLAND DISTRICT Step 1 A Section 404 and/or Section 10 permit cannot be issued without the above memo or a 408 approval by – If work may affect a Corps civil works project (levee, the District, Division or Headquarters. navigation channel, etc.), contact 408 Program Manager to determine whether a 408 review will be required. – Information needed to make determination • Name of local sponsor, contact information including name, address, e-mail, phone number • Project Description • Lat/Long • Location map – If “NO” alteration decision, 408 manager will provide decision memo to applicant and Reg PM. – No additional 408 review needed 5
HOW TO GET STARTED – PORTLAND DISTRICT Step 2 – If a complete 408 review is needed, 408 manager will reach out to applicant to advise on the 408 requirements for a complete 408 package and if needed, schedule a pre-coordination meeting. Step 3 – Written Request – The Corps requires a letter of endorsement from the local sponsor. The Corps cannot start or fund a 408 review without the endorsement letter. – Complete description of the project. 6
HOW TO GET STARTED – PORTLAND DISTRICT Step 4 – Required Documents 1. Technical Analysis and Design 2. Hydrologic and Hydraulics System Performance Analysis 3. Environmental Review 4. Real Estate Review (Title, easements, etc) 5. Independent External Peer Review (IEPR) Type II (If needed) 6. Operation and Maintenance Step 5 – District Lead Agency Technical Review (ATR) Step 6 – Summary of Findings Step 7 – 408 Decision Levels (Interim Guidance 10 Nov 2016) 7
REVIEW TIMES AND FUNDING – PORTLAND DISTRICT For small 408’s (what used to be minor 408’s) – When we receive a complete package and when no additional information is needed, the review can be completed in 90 days. For larger, more complex projects – (levee breaching, removal or relocation, FERC, etc), the 408 process can take 1-3 years to complete. Funding – Direct funding from Bonneville Power Administration. – Section 214 Authority (WRRDA 2014) from non-federal entities and Natural Gas Companies. • Cannot accept funds from private entities. – Corps HQ Funding – No more funding for FY 17. 8
Questions? 9
408 PROGRAM MANAGER CONTACT INFORMATION Portland District Marci E. Johnson Marci.e.Johnson@usace.army.mil 503-915-3551 (Mobile) 503-808-4765 (Work) http://www.nwp.usace.army.mil/Business/Altering-Corps-Projects-Section-408/ Seattle District Susan Smoley Section 408 Program Manager (206) 764-6709 Susan.s.smoley@usace.army.mil 10
Recommend
More recommend
