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

Bayou Lafourche Fresh Water District - NHPA Public Notice

Published Oct. 21, 2020


The U.S. Army Corps of Engineers (USACE), New Orleans District (CEMVN), Regulatory Branch, has received a permit request from Bayou Lafourche Fresh Water District (BLFWD) to construct the Bayou Lafourche Mississippi River Re-Introduction and Pumping Capacity Improvement Project (BLMRRPCIP) at Donaldsonville, in Ascension Parish, Louisiana. Under Section 106 of the National Historic Preservation Act (NHPA), as amended (54 U.S.C. § 306108), and its implementing regulations, 36 Code of Federal Regulations [CFR] Part 800, and Section 110 of the NHPA, each Federal agency must assume responsibility for the preservation of historic properties listed or eligible for listing in the National Register of Historic Places (NRHP) that fall under the agency’s jurisdiction; ensure that such properties are maintained and managed in a way that considers the preservation of their historic, archaeological, architectural, and cultural values; assess the effects that work will have on historic properties; and seek ways to avoid, minimize, or mitigate any adverse effects to historic properties.

The BLMRRPCIP (Undertaking) project area is located in the north-central portion of the town of Donaldsonville, on the right descending bank of the Mississippi River (MR), vicinity of River Mile 175, in Ascension Parish, Louisiana. Approximate geographic coordinates are: 30.108749; -90.990019. A map of the Undertaking location is presented in Figure 1 in the attached .pdf file. BLFWD proposes to significantly expand the pumping capacity in this area to increase the supply of fresh water into Bayou Lafourche to benefit coastal marshes and protect against salt intrusion in the bayou's historical flow area and to meet the long-term water supply need of the communities along the Bayou Lafourche corridor. Additional project information can be accessed at: http://www.blfwd.org/projects/mrrbl/.

CEMVN has determined that there is one (1) historic property as defined in 36 CFR 800.16(l) within the Archaeological Area of Potential Effects (APE; Site 16AN36; Fort Butler) and that the proposed Undertaking includes ground disturbing activities that will affect the historic property in a way that will directly affect the characteristics that make the property eligible for the NRHP and per 36 CFR 800.6 constitute an adverse effect. Furthermore, CEMVN has determined that the proposed Undertaking will result in adverse effects to the Donaldsonville National Register Historic District (NRHD) and the individually NRHP-eligible Walter Lemann Sr. Pumping Station. Therefore, CEMVN has determined a finding of Historic Properties Adversely Affected for this Undertaking.

Accordingly, CEMVN is initiating the process to develop a Memorandum of Agreement (MOA) for the BLMRRPCIP, in consultation with stakeholders, to avoid, minimize, and/or mitigate any adverse effects to historic properties and offers you the opportunity to review and comment on the potential of the proposed Undertaking. To help further develop a course of action for this project, CEMVN is requesting your input by November 21, 2020 concerning the proposed Undertaking and its potential to significantly affect historic properties and/or of relevant parties who may have an interest in participating in this consultation. Comments can be sent electronically to: jamie.m.crowe@usace.army.mil, or, mail comments to: US Army Corps of Engineers, New Orleans District Regulatory Branch ODR-C, 7400 Leake Avenue, Room 276, New Orleans, Louisiana 70118.

The entire Public Notice and Figure 1 can be accessed by clicking here.

1 Authorities: CEMVN conducted a combined review of the individual permit request (Project ID # MVN-2017-00684-CO) in accordance with 33 CFR Part 325, "Appendix C," and the associated Section 408 permission requests (Project ID # 17-0871/19-0379) in accordance with Engineering Circular 1165-2-220; September 10, 2018. In this case, "combined" means that the actions under the Section 408 jurisdiction are a smaller component of an individual Section 10/404 Permit and the resulting joint Area of Potential Effects (APE) represents both the Section 10/404 "Regulatory Permit Area" and the Section 408 permission "Environmental Analysis Areas."