About Section 408 Notices

Effective May 25,2020 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 and will be evaluated by the New Orleans District. Click here to read the official notice.

Effective May 28, 2020 interested parties are hereby notified that a request for permission to alter U.S. Army Corps of Engineers (USACE) projects pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) has been received and will be evaluated by the New Orleans District. Written comments, including any objections to the proposed alteration, stating reasons therefor, are being solicited from anyone having an interest in the requested alteration of USACE projects. This Public Notice solicits comments only on the proposed alteration of the eight federal projects and fourteen federal easements described below and depicted on the attached drawings. Click here to read the official notice.

 

 

Effective April 27, 2016 the New Orleans District began issuing public notices about Section 408 requests. Click here to read the official notice.

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408 Public Notices

20-0036, Phillips 66 Alliance H2PL, LLC

Published May 29, 2020

PUBLIC NOTICE/FILE NUMBER: 20-0036, Phillips 66 Alliance H2PL, LLC

Interested parties are hereby notified that a request for permission to alter U.S. Army Corps of Engineers (USACE) projects pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) has been received and will be evaluated by the New Orleans District.

Written comments, including any objections to the proposed alteration, stating reasons therefor, are being solicited from anyone having an interest in the requested alteration of USACE projects. This Public Notice solicits comments only on the proposed alteration of the eight federal projects and fourteen federal easements described below.

Comments must be mailed or emailed by or before the last day of the comment period and must reference the file number of this public notice. Comments will become part of the record and will be considered in the decision on the request. See below for contact information and address.

The proposed action crosses the following federal projects: Davis Pond Freshwater Diversion Project (Levees and Easements), West Bank and Vicinity Hurricane Protection Project Mitigation Tracts, Gulf Intracoastal Waterway, Barataria Waterway, and the Future West Plaquemines Parish Levee.

COMMENT PERIOD EXPIRES: June 12, 2020

REQUESTED ALTERATION: Phillips 66 Alliance H2PL, LLC proposes to construct the Alliance Hydrogen Pipeline Project (Project), an approximately 36 mile, 12-inch diameter hydrogen pipeline from an existing facility in Luling Louisiana to the Alliance refinery in Belle Chasse, Louisiana. Specifically, the line will be installed via horizontal direction drill (HDD) under the Davis Pond Temporary Construction Easement, up and over the West Guide/Pump Station Levee and Davis Pond West Guide Levee, and via open trench with the push-pull method across the Davis Pond Flowage Easements. An HDD is proposed to cross the West Bank and Vicinity Hurricane Protection Projects Mitigation Easement Tracts with the HDD commencing on the northern most end of these tracts and ending south of the southern tract with an approximate depth of 80 feet below grade. HDDs are also proposed to install the pipeline beneath the Gulf

Intracoastal Waterway and Barataria Waterway at depths of approximately 84 feet and 34 feet, respectively. The pipeline will be installed via open trench at the location of a proposed T-wall in the future West Plaquemines Parish Levee and across the proposed borrow canal for the levee.

REQUESTER: Phillips 66 Alliance H2PL, LLC, 2231 City West Blvd, Houston, Texas 77042.

PERMISSION 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 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.

ADDITIONAL INFORMATION: Phillips 66 Alliance H2PL, LLC has submitted an application for a Rivers and Harbors Act Section 10 and Clean Water Act Section 404 permit to the USACE Regulatory Branch for the proposed action. That evaluation (MVN-2019-0343-EPP) will be a separate process from the evaluation of the request for permission to alter the USACE projects.

This Public Notice solicits comments only on the proposed alteration of the USACE projects and easement.

LOCATION OF PROPOSED ACTION: The proposed action occurs beneath the following USACE projects and easement:

Davis Pond Temporary Construction Easement (St. Charles Parish);

Tract 115E-2; Lat: 29° 55' 15.41", Long: -90° 19' 25.46"

Davis Pond West Guide/Pump Station Levee (St. Charles Parish):

Tract 110E-2; Lat: 29° 54' 52.47", Long: -90° 19' 11.81"

Davis Pond Flowage Easements (St. Charles Parish):

Tract 110E-3; Lat: 29° 54' 49.19", Long: -90° 19' 08.28"

Tract 200E-2; Lat: 29° 53' 29.37", Long: -90° 19' 00.85"

Davis Pond West Guide Levee (St. Charles Parish):

Levee Tract 200E-1; Lat: 29° 52’ 57.90", Long: -90° 18' 59.73"

Non-levee Crossing Tract 200E-1; Lat: 29° 52’ 43.01", Long: -90° 18' 59.21"

West Bank and Vicinity Hurricane Protection Project Mitigation Easements (St. Charles Parish):

Tract 100-1; Lat: 29° 52' 51.93", Long: -90° 18' 59.52"

Tract 100-2; Lat: 29° 52' 41.64", Long: -90° 18' 59.16"

Gulf Intracoastal Waterway (Jefferson Parish):

Lat: 29° 41' 18.68", Long: -90° 11' 10.70"

Barataria Waterway (Jefferson Parish):

Lat: 29° 42' 04.08", Long: -90° 06' 05.10"

Future West Plaquemines Parish Levee (Plaquemines Parish):

Proposed T-wall; Lat: 29° 41' 04.46", Long: -89° 59' 26.31"

Proposed Canal; Lat: 29° 40' 57.33", Long: -89° 59' 14.17"

WRITTEN COMMENTS MAY BE MAILED TO: (Please note that due to COVID-19, emailed comments are preferred)

Department of the Army

Corps of Engineers, New Orleans District

ATTN: Howard Ladner (CEMVN-PDC)

7400 Leake Ave.

New Orleans, Louisiana 70118

WRITTEN COMMENTS MAY BE EMAILED TO: howard.w.ladner@usace.army.mil

Issuance of this notice does not imply Corps of Engineers endorsement of the project as described.

If you have any questions, please contact Howard Ladner, by telephone at 504-862-2021 or via email at howard.w.ladner@usace.army.mil.