PUBLIC NOTICE COMMENT PERIOD:
Begins: 11 March 2025
Expires: 10 April 2025
Interested parties are hereby notified that a request for permission to alter a U.S. Army
Corps of Engineers (Corps) project has been received and will be evaluated by the St.
Paul District. The request will be evaluated by the Corps under the authority of Section
14 of the Rivers and Harbors Act of 1899 (33 USC Section 408). Written comments are
being solicited from anyone having an interest in the requested alteration. The comment
period closes at the date listed below. Comments will become part of the Corps’
administrative record and will be considered in the decision on the request. Comments
supporting, opposing, or identifying concerns that should be considered by the Corps in
its decisions process are all welcome. Comments providing substantive information or a
rationale for the commenter’s position are the most helpful.
This public notice is not a paid advertisement and is for public information only.
Issuance of this notice does not imply District endorsement of the project as described.
REQUESTER: In compliance with 33 U.S.C. 408 (Section 14 of the Rivers and Harbors
Act of 1899; hereinafter Section 408), the Souris Joint Water Resources Board has
requested to replace the existing North Dakota Highway 41 Bridge over the Mouse
River in Velva, North Dakota and raise the existing roadway.
LOCATION: The proposed project is the North Dakota Highway 41 Bridge over the
Mouse River in Velva, North Dakota.
LOCATION MAP(S)/DRAWING(S): See Figure 1.
REQUESTER’S PROPOSED ACTION: To replace the bridge and raise the existing
roadway.
REGULATORY AUTHORITY: This request will be reviewed according to the provisions
of Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408). A requestor 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 U.S.C.
403), Section 404 of the Clean Water Act (33 U.S.C. Section 1344) and/or Section 103
of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). The
compliance determination for any Section 10/404/103 permit decision associated with
the proposed alteration is separate from and will not be included in the Section 408
compliance determination. 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.
EVALUATION: The decision whether to grant the requested permission for project
modification under Section 408 is based on several factors which are outlined in
Engineering 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
Section 408. The decision will reflect the national concern for both protection and
utilization of important resources. The benefit which may reasonably be expected to
accrue from the proposal must be balanced against its reasonably foreseeable
detriments. Review of the requests for modification will be reviewed by a District
technical review team considering the following factors:
1. Impair the Usefulness of the Project Determination. The review team will
determine if the proposed alteration would limit the ability of the federally
authorized project to function as authorized, or if it would compromise or change
any authorized project conditions, purposes or outputs. The decision whether to
approve a request for modification would be based on a determination of no
impairments.
2. Injurious to the Public Interest Determination. Proposed alterations will be
reviewed to determine the probable impacts, including cumulative impacts, on
the public interest. Evaluation of the probable impacts that the proposed
alteration to the USACE project may have on the public interest requires a
careful weighing of all those factors that are relevant in each particular case.
Factors that may be relevant to the public interest depend upon the type of
USACE project being altered and may include, but are not limited to, such things
as conservation, economic development, historic properties, cultural resources,
environmental impacts, water supply, water quality, flood hazards, floodplains,
residual risk, induced damages, navigation, shore erosion or accretion, and
recreation. The decision whether to approve an alteration will be determined by
the consideration of whether benefits are commensurate with risks. If the
potential detriments are found to outweigh the potential benefits, then it may be
determined that the proposed alteration is injurious to the public interest.
3. Environmental Compliance. A decision on a Section 408 request is a federal
action, and therefore subject to the National Environmental Policy Act (NEPA)
and other environmental compliance requirements, including the National Historic
Preservation Act and the Endangered Species Act. While ensuring the responsibility of
the District, the requester is providing all information the
District identifies as necessary to satisfy all applicable federal laws, executive
orders, regulations, policies, and ordinances. Based on information provided
by the applicant to date, current USACE regulations governing NEPA
implementation, and/or the contents of existing NEPA documentation if
available, it is likely that the proposed action will be determined to be
categorically excluded from the need to prepare an Environmental
Assessment or Environmental Impact Statement.
a. According to EC 1165-2-220, Real estate grants for rights-of-way as
referenced in ER 200-2-2 Paragraph 9(h) should be broadly interpreted to
include grants of rights-of-way by either USACE or the non-federal sponsor.
According to ER 200-2-2 Paragraph 9(h) dated 4 March 1988, "Real estate
grants for rights-of-way which involves only minor disturbances to earth, air,
or water:
(1) Minor access roads, streets, and boat ramps,
(2) Minor utility distribution and collection lines, including irrigation,"
i. this action is categorically excluded from NEPA documentation.
b. The permit area has been surveyed for cultural resources and there are no
historic properties within the Federal interest portion of the project. The permit
area is not within an historic district and is not adjacent to historic structures.
The area has been extensively disturbed by industrial and modern urban
development efforts since the 1950s. Due to prior disturbance and lack of
previously documented cultural resources, there will be no historic properties
affected by the proposed work within the permit area. Further evaluation
under Section 106 of the National Historic Preservation Act (54 U.S.C. §
306108) is not warranted.
4. Technical Analysis. The District is working closely with the requestor to ensure all
required technical plans, maps, drawings, and specifications are provided and
complete. A District-led Agency Technical Review is being conducted to
determine any potential adverse impacts to the USACE-authorized flood
reduction project.
SOLICITATION OF COMMENTS: The District is soliciting comments from the public;
Federal, state, and local agencies and officials; Indian Tribes; and other interested
parties to consider and evaluate the impacts of the proposed activity. Any comments
received will be considered by the District to determine whether to issue, modify,
condition, or deny a permission for this proposal. To make this decision, comments are
used to assess impacts on endangered species, historic properties, water quality,
general environmental effects, and other public interest factors listed above. Comments
are used to determine the need for a public hearing and to determine the overall public
interest of the proposed activity.
It should be noted, materials submitted as part of the Section 408 request become part
of the public record and are available to the general public under the procedures of the compliance is Freedom of Information Act (FOIA). Individuals may submit a written request to obtain materials under FOIA or make an appointment to view the project file at the Corps of
Engineers St. Paul District, Office of Counsel.
It is presumed all parties receiving this notice will wish to respond to this public notice;
therefore, a lack of response will be interpreted as meaning there is no objection to the
project as described.
COMMENT SUBMISSION AND ADDITIONAL INFORMATION: Written comments on
the described work should reference the U.S. Army Corps of Engineers Public Notice
number 2024-0003. Comments must reach this office no later than April 10, 2025.
Comments or requests for additional information should be mailed or emailed to the
following address:
Email: cemvp-pa@usace.army.mil
Mail:
Department of the Army
Corps of Engineers, St. Paul District
ATTN: Michelle Prosser
332 Minnesota Street, Suite E1500
St. Paul, MN 55101