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Section 408 Program

The Section 408 Program

The US Army Corps of Engineers (USACE) Section 408 program allows another party, such as a local government, company, or individual, to alter a USACE Civil Works project. Given the widespread locations of these projects, many embedded within communities, over time there may be a need to either 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.

Examples of projects that need USACE Section 408 permission include:

  • Running a water main from one side of a levee to the other.
  • Adding hydropower to a dam.
  • Building a swimming pool in a backyard, within the footprint of the USACE easement for a levee.

The Section 408 program verifies that changes to authorized USACE Civil Works projects will not be injurious to the public interest and will not impair the usefulness of the project. 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 U.S.C. 408–the section of U.S. Code that gives the program its name.

Helpful Documents

 

Section 408 Public Notices

PUBLIC NOTICE REQUEST FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

TITLE:  
408-SWL-2024-0007 Conway Corporation Raw Water Line Installation

PUBLIC NOTICE COMMENT PERIOD:
Begins: June 14, 2024
Ends: June 24, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, Conway Corporation (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the installation of a new raw line from Brewer Lake in Conway County, Arkansas that will run, in parallel to an existing raw water line, south to their treatment facilities that are located in Faulkner County on the west side of Conway, AR. 

LOCATION:  35.1790; -92.5226

REQUESTERS PROPOSED ACTION:  The proposed utility line project will include installation of a new RWL, consisting of a 36-inch diameter pipe, that will carry raw water from Brewer Lake to the City of Conway treatment plant. This new raw water line (RWL) is supplemental to, and for much of the project area parallels, an existing RWL. Once the new RWL is installed and functioning, both of the RWL’s will be used as needed based on water supply demand. 

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PUBLIC NOTICE REQUEST FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

TITLE:
408-SWL-2024-0004 Little Massard Creek Bridge

PUBLIC NOTICE COMMENT PERIOD:
Begins: May 20, 2024
Ends: May 31, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the City of Fort Smith, Arkansas (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the repair/replacement of the Meandering Way bridge over Little Massard Creek in Fort Smith, Sebastian County, Arkansas.

LOCATION: 35°20'43"N; -094°19'35"W

REQUESTERS PROPOSED ACTION: The project will require dewatering, cofferdams, and temporary equipment access to install concrete bottoms and transition aprons within the channel to reinforce the existing bottomless box culverts and bridge foundation.

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PUBLIC NOTICE REQUEST FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

TITLE:
408-SWL-2024-0003 Ennen Boat Access and Segmental Wall

PUBLIC NOTICE COMMENT PERIOD:
Begins: May 20, 2024
Ends: May 31, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, Randy Ennen (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the installation of a concrete pad in the Arkansas River and the upgrade of an existing path into the Arkansas River in Sebastian County, Arkansas.

LOCATION: 35°21'56"N; -094°19'08"W

REQUESTERS PROPOSED ACTION: The proposed project involves the installation of a concrete pad in the Arkansas River and upgrade of an existing path into the Arkansas River including 12 cubic yards of concrete below the ordinary high water mark.

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PUBLIC NOTICE REQUEST FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

TITLE:
408-SWL-2024-0002 Action Town Park Beaverdam Creek Crossing

PUBLIC NOTICE COMMENT PERIOD:
Begins: May 20, 2024
Ends: May 31, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Arkansas Game and Fish Commission (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the rehabilitation and repair of the existing spillway structure for the Lake Conway Dam in Faulkner County just south of Mayflower, AR.

LOCATION: 34°57’51"N; -092°27'24.17"W

REQUESTERS PROPOSED ACTION: The current water control structure needs to be updated to manage the changing precipitation patterns and hydrology of the watershed and the Arkansas River downstream. Additionally, the mechanical gates of the structure are dilapidated and have become a severe safety hazard to maintain and repair. While the lake is drawn down this is the best opportunity to perform boat lane renovation activities to provide better boat access on the lake.

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PUBLIC NOTICE REQUEST FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

TITLE:
408-SWL-2024-0005 Fourche Island Levee Project

PUBLIC NOTICE COMMENT PERIOD:
Begins: May 20, 2024
Ends: May 31, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, Fourche Island Drainage District #2 (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the installation of a shallow pump station and an above ground (over the levee) discharge pipe across Fourche Levee in Pulaski County, Arkansas.

LOCATION: 34°42'12"N; -092°10'17""W

REQUESTERS PROPOSED ACTION: Project will involve the installation of a 48" D.I. inlet pipe to a concrete 10' diameter concrete wetwell. The wetwell will use a 24" column, 15', water lubricated, 150hp 900 rpm motor, with 24" discharge. The discharge travels underground through 24" D.I pipe, over the existing Fourche Island levee and discharge into Old Channel Fourche Creek. The 24" pipe across the levee will require fill to maintain access for inspection and monitoring.

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PUBLIC NOTICE REQUEST FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

Continuance of Dredging Stretches of the Arkansas River 408-SWL-2024-0006 Donna Fill Dredging above David D. Terry Lock and Dam

PUBLIC NOTICE COMMENT PERIOD:

Begins: May 20, 2024
Ends: May 31, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Donna Fill Dredging Company (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the continuance of their commercial dredging operations along various stretches of the Arkansas River.

LOCATION: Between Navigation Miles 108.7 and 111.7 upstream of David D. Terry Lock and Dam, in Pulaski County, Arkansas.
REQUESTERS PROPOSED ACTION: A commercial dredging permit has been authorized in this reach of the Arkansas River since 1981, and authorized dredging both within the navigation channel and within areas adjacent to the navigation channel. The basic project purpose is to provide sand and gravel for commercial use from the Arkansas River.

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PUBLIC NOTICE FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

Little Rock Yacht Club Wave Attenuators

PUBLIC NOTICE COMMENT PERIOD:
Begins: February 21, 2024
Ends: March 1, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Little Rock Yacht Club (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the installation of approximately 920 linear feet of floating wave attenuators in waters of the United States just in front of the Little Rock Yacht Club Docks in Little Rock, AR.

LOCATION: 34.836589; -092.434787

REQUESTERS PROPOSED ACTION: Project will involve the installation of approximately 920 linear feet of floating wave attenuators in waters of the United States just in front of the Little Rock Yacht Club Docks. The structures will be secured with concrete blocks and 3/8 inch galvanized long link chain. The project includes a single 240 linear foot long section and another 680 linear foot long section as shown in the attached application. The proposed project is designed to reduce wave action from passing vessels on the docks and associated boats moored at these docks.

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PUBLIC NOTICE FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

Action Town Park Beaverdam Creek Crossing

PUBLIC NOTICE COMMENT PERIOD:
Begins: February 20, 2024
Ends: February 29, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, Action Town Park Adventures (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the installation of two walkway bridges and one vehicular bridge over Beaverdam Creek in Faulkner County just south of Mayflower, AR.

LOCATION: 34°56'4.51"N; -092°27'44.11"W

REQUESTERS PROPOSED ACTION: Project will involve the installation of one (1) vehicular creek crossing and two (2) pedestrian crossings over Beaverdam Creek at Action Town Park, 65 Action Town Drive, Mayflower, AR, 72106. The vehicular crossing will be a span bridge constructed from a recycled flat rail car or semi flat trailer (see photo 4 in the attached as an example). The two pedestrian crossings will also span the creek and be constructed using timber framing. No bridge piers will be constructed within the creek. A minimal amount of fill may be required for bridge approaches.

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PUBLIC NOTICE FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

Continuance of Dredging Stretches of the Arkansas River SWL 1980-0757-7 Jeffrey Sand Below David D. Terry

PUBLIC NOTICE COMMENT PERIOD:
Begins: January 11, 2024
Ends: January 21, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Jeffrey Sand Company (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the continuance of their commercial dredging operations along various stretches of the Arkansas River.

LOCATION: Between Navigation Miles between Navigation Mile (NM) 94.0 and NM 107.4, below David D. Terry Lock and Dam, Pulaski County, Arkansas.

REQUESTERS PROPOSED ACTION: A commercial dredging permit has been authorized in this reach of the Arkansas River since 1980, and authorized dredging both within the navigation channel and within areas adjacent to the navigation channel. The basic project purpose is to provide sand and gravel for commercial use from the Arkansas River.

 DOWNLOAD THE FULL PUBLIC NOTICE  


PUBLIC NOTICE FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

SWL 2023-00328 I-440 Bridge Scour Project

PUBLIC NOTICE COMMENT PERIOD:
Begins: 10 January 2024
Ends: 15 January 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Starling No Fly Zone, LLC (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the construction of a crossing of the Black River Levee Ditch in Clay County, Arkansas.

LOCATION: Butler County, MO; Lat: N36.4984; Long: W90.4251

REQUESTERS PROPOSED ACTION: The proposed project will repair the footing and scour by installing sheet piles surrounding the spread footing and bearing piles (Bent No. 4 and Bent No. 20), then filling the area encompassed by the sheet piling with lightweight cellular concrete. The sheet piles filled with concrete would remain in place following construction. The area surrounding the piles would be stabilized with gravel-filled geotextile containers covered with an articulating concrete block mat. Coffer dams will be required at both sites. The total volume of material discharged at each site (bent) will be approximately 550 cubic yards of gravel-filled geotextile containers, 116 cubic yards of cellular concrete and 880 square yards of articulating concrete block mat. The project repairs will permanently impact approximately 0.04 acres of Fourche Creek. Erosion control measures will be implemented before, during and after construction, and all disturbed areas will be restored to their previous condition following construction. Applicant has determined that the repairs must be made as soon as possible and the entrance and exit ramps of State Highway 365 will be closed until the repairs are complete. Work would begin in the January-February timeframe and be completed in 60-90 days depending on weather, Fourche Creek water levels.

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PUBLIC NOTICE FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

Black River Levee Ditch Crossing

PUBLIC NOTICE COMMENT PERIOD:
Begins: 20 December 2023
Ends: 31 December 2023

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Starling No Fly Zone, LLC (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the construction of a crossing of the Black River Levee Ditch in Clay County, Arkansas.

LOCATION: Butler County, MO; Lat: N36.4984; Long: W90.4251

REQUESTERS PROPOSED ACTION: The project involves installation of a new culverted road crossing over the Black River Levee Ditch.

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PUBLIC NOTICE REQUEST FOR PERMISSION TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

SWL 2023-00133 Enable Gas Transmission

PUBLIC NOTICE COMMENT PERIOD:
Begins: 20 December 2023
Ends: 31 December 2023

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Enable Gas Transmission, LLC (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the partial abandonment in-place of 1,677 feet of existing pipeline, partial removal of 2,139 feet of existing pipeline and installation of approximately 3,524 feet of pipeline.

LOCATION: Near Dardanelle, Arkansas; downstream of State Highway 7 crossing at NM 202.2.

REQUESTERS PROPOSED ACTION: The work includes the partial abandonment in-place of 1,677 feet of existing pipeline, partial removal of 2,139 feet of existing pipeline and installation of approximately 3,524 feet of pipeline by open-cut method and 3,250 feet by horizontal directional drilling (HDD) of 12-inch pipeline. Additionally required will be approximately 6-acres of temporary workspace for pipe stringing and fabrication on the east side of the Arkansas River.

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PUBLIC NOTICE REQUEST TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

Continuance of Dredging Stretches of the Arkansas River

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Arkhola Sand and Gravel Company (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the continuance of their commercial dredging operations along various stretches of the Arkansas River.

LOCATION: Between Navigation Miles between Navigation Miles 260.9 and 292.0, in Franklin, Crawford, and Sebastian Counties, Arkansas.

REQUESTERS PROPOSED ACTION: A commercial dredging permit has been authorized in this reach of the Arkansas River since 1972, and authorized dredging both within the navigation channel and within areas adjacent to the navigation channel. The basic project purpose is to provide sand and gravel for commercial use from the Arkansas River.

 DOWNLOAD THE FULL PUBLIC NOTICE 
 


PUBLIC NOTICE REQUEST TO ALTER
A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

Continuance of Dredging Stretches of the Arkansas River

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Mobley Construction Company (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the continuance of their commercial
dredging operations along various stretches of the Arkansas River.

LOCATION: Between Navigation Miles 149.5 and 153.5, 156.7 and 164.2, 165.6 and176.3, 177.4 and 204.8 and 206.0 and 255.8

REQUESTERS PROPOSED ACTION: A commercial dredging permit has been authorized in this reach of the Arkansas River since 1959, and authorized dredging both within the navigation channel and within areas adjacent to the navigation channel.

The basic project purpose is to provide sand and gravel for commercial use from the Arkansas River.

 DOWNLOAD THE FULL PUBLIC NOTICE  

 

Where can I find more information?

The links below provide more in-depth information about Section 408 and the Section 408 program:

For more information, or if you have any questions about Section 408, please email HQ-Section408@usace.army.mil.

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