U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

Published October 5, 2023 / Expiration date: November 6, 2023

Section 408 Review 408-SAJ-2022-0077 G-310 Trash Rake Bridge

Section 408 Authority:  Interested parties are hereby notified that a request for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) has been received from the South Florida Water Management District (SFWMD) and is being evaluated by the Jacksonville District.  Written comments, including any objections to the proposed alteration, stating reasons for the objection, are being solicited from anyone having an interest in the requested alteration.  Section 408 authorizes the Secretary of the Army 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.

National Environmental Policy Act (NEPA) Requirement:  Many proposed alterations to Civil Works projects require a USACE regulatory permit in compliance with Section 10 of the Rivers and Harbors Act (33 USC § 403) and/or Section 404 of the Clean Water Act (33 USC§ 1344) (Section 404/10). However, some proposed alterations do not require a Section 404/10 permit, but must still be reviewed, a decision documented, and approved by the USACE in accordance with the NEPA (i.e., 40 CFR 1501.1) and Section 408 requirements. The Jacksonville District Commander has the authority to approve certain low-impact Section 408 requests in accordance with the delegation of authority contained in Engineer Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408 (10 Sep 2018).  This public notice serves to involve the public, State, Tribal and local governments, relevant agencies, and any applicants in the preparing of a NEPA document by offering the public an opportunity to comment on the requestor’s proposed project as required by 40 CFR 1501.5(e).  Comments received during the public solicitation period will be considered during the NEPA review and addressed in the NEPA document. Comments are requested 30 days from the date of this public notice.

Proposed Activity: A Section 408 request (408-SAJ-2022-0077) has been received from the South Florida Water Management District (SFWMD), proposing to construct a new upstream bridge with automated trash removal system at Pump Station G-310 to improve pump station reliability and operability. The bridge structure will tie into the alignment of the L-7 levee at its east end. A control building will be constructed in the area between the bridge and the levee.

Project Location: Palm Beach County, FL

Latitude and Longitude:
26.59837, -80.44558

Existing Features: Pump station G-310, completed construction in 2000 as the primary outflow pump station for Stormwater Treatment Area 1 West (STA-1W, formerly the Everglades Nutrient Removal Project), is a primary component of the Everglades Construction Project, required by the Everglades Forever Act. The L-7 Levee forms the western boundary of Water Conservation Area 1. At this location, the levee design cross section consists of a minimum crown elevation of 20.0 feet NGVD29, crown width of 10 feet, and side slopes of 3H:1V.

How to Submit Comments:  Written comments may be submitted by email to DLL-CESAJ-Section408PublicNotice@usace.army.mil. Please include “408-SAJ-2022-0077 G-310 Trash Rake Bridge” in the subject line of your email.  Comments may also be submitted by mail to:
U.S. Army Corps of Engineers, Jacksonville District
701 San Marco Blvd
Jacksonville, FL 32207
ATTN: District Section 408 Coordinator, PM-EE

Comments are due by November 6, 2023.

Section 408 is the process that allows alteration to a federally authorized project. The proposed project cannot pose a risk to the public interest and will not impair the usefulness of the federally authorized project. Examples of federally authorized projects include, but are not limited to levees, dams and the federal navigation channel.

This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, codified at 33 United States Code (USC) 408 (Section 408).

Through the Civil Works program, the US Army Corps of Engineers (USACE) serves the public by providing the Nation with quality and responsive management of the Nation’s water resources.  As a result, USACE, in partnership with stakeholders, has constructed many Civil Works projects across the Nation’s landscape.  Given the widespread locations of these projects, many embedded within communities, over time there may be a need for others outside of USACE to alter or occupy these projects and their associated lands.  Reasons for alterations could include improvements to the projects; relocation of part of the project; or installing utilities or other non-project features.

In order to ensure that these projects continue to provide their intended benefits to the public, Congress mandated that any use or alteration of a Civil Works project by another party is subject to the approval of USACE.  This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has since been amended several times and is codified at 33 USC 408 (Section 408).

Section 408 provides that USACE may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project.