TITLE: Magellan Pipeline Company – Fuel Pipeline Replacement crossing the Bettendorf, IA, Local Flood Protection Project (Public Notice ID #2025-0029)
PUBLIC NOTICE COMMENT PERIOD:
Begins: 5 September 2025
Expires: 6 October 2025
Interested parties are hereby notified that an application has been received for a Department of the Army Section 408 permission for certain work at or near a federally authorized flood risk management project of the United States, as described below and shown on attached figures. Written comments are being solicited from anyone having an interest in the requested alteration. Comments providing substantive information or a rationale for the commenter’s position are the most helpful. All comments supporting, opposing, or identifying concerns that the U.S. Army Corps of Engineers (USACE) should consider in its decision process are welcome. Comments will become part of the USACE administrative record and will be considered in determining whether to approve the request.
This Public Notice is not a paid advertisement and is for public information only. Issuance of this notice does not imply USACE endorsement of the project as described.
REQUESTER: In compliance with 33 USC § 408 (Section 14 of the Rivers and Harbors Act of 1899; hereinafter Section 408), the Magellan Pipeline Company has requested permission to modify the Bettendorf, IA Levee, an existing federally authorized flood risk management project.
LOCATION: The proposed project is located in the cities of Riverdale and Bettendorf, Iowa. The proposed pipeline replacement segment crosses the Bettendorf, Iowa, Local Flood Protection Project levee, and two (2) mapped water features: Duck Creek and an unnamed tributary of Duck Creek.
LOCATION MAP(S)/DRAWING(S): See Figures 1 and 2.
REQUESTER’S PROPOSED ACTION: The proposed project would replace a segment of an existing 8.625-inch pipeline, which transports gasoline, diesel, and jet fuel to Magellan Pipeline Company’s Bettendorf terminal in Scott County, Iowa. Due to scouring around the existing pipeline within Duck Creek, the pipeline requires replacement. In-water stabilization and armoring are not feasible; therefore, the exposed pipeline within Duck Creek would be replaced using the horizontal directional drilling (HDD) method. The replaced section of the pipe would be cleaned, filled with grout, and abandoned in place. The total length of the new pipeline segment would measure approximately 2,243 ft. Approximately 1,134 ft would be installed using the trenching method, and approximately 1,109 ft would be installed using the HDD method.
The pipeline would be installed underneath the Bettendorf levee using the HDD method. The pipeline would be installed approximately 60 ft below the crown of the levee. The HDD exit point would be located approximately 570 linear feet to the east of the levee.
All ground disturbances associated with the activity would be temporary in nature and would be restored to pre-existing conditions following the completion of the pipeline installation. There would be no aboveground structures associated with the project.
For the reasons stated in Section 1 of Executive Order (EO) 14156 – Declaring a National Energy Emergency – the President has declared a national energy emergency. Pursuant to Section 2 of EO 14156, agencies are further directed to use, to the fullest extent possible and consistent with applicable law, emergency USACE permitting provisions to facilitate the Nation's energy supply. USACE has determined the proposed activity meets the criteria for an energy-related emergency per EO 14156 and has communicated the intent to use emergency provisions with the Magellan Pipeline Company.
REGULATORY AUTHORITY: This request will be reviewed according to the provisions of Section 14 of the Rivers and Harbors Act of 1899 (33 USC § 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 USC § 1344) and/or Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 USC § 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 reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. A USACE technical team will review the requests for modification considering the following factors:
- 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.
- 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.
- 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 compliance is the responsibility of USACE, the requester is providing all information that the U.S. Army Corps of Engineers, Rock Island District (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 and current regulations governing USACE NEPA implementation, the proposed action will require further NEPA documentation prior to implementation.
a. USACE is the Lead Federal Agency evaluating the proposed action. The District has requested that Magellan Pipeline Company prepare and submit necessary environmental compliance documentation, including an Environmental Assessment (EA), for the proposed action. The District will review the EA and ensure full compliance under NEPA and all applicable Federal environmental laws and regulations. Any comments received during this Public Notice period will be incorporated into the EA and considered in the District’s decision-making process.
b. The District is evaluating the Federal interest portion of the project area for cultural resources-related concerns. The District anticipates consultation with the State Historic Preservation Officer, tribes, and other interested parties under Section 106 of the National Historic Preservation Act (NHPA; 54 U.S.C. § 306108).
- Technical Analysis. The District is working closely with the requestor to ensure that 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 protection system.
SOLICITATION OF COMMENTS: The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed activity. Any comments received will be considered by the USACE 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 that materials submitted as part of the Section 408 request become part of the public record and are thus available to the general public under the procedures of the 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 Rock Island District, Office of Counsel.
It is presumed that all parties receiving this Public Notice will wish to respond; therefore, a lack of response will be interpreted as meaning that 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 2025-0029. Comments must reach this office no later than 23 September 2025. Comments or requests for additional information should be mailed or emailed to the following address:
Email: MVR408@usace.army.mil
Address:
District Engineer
US Army Corps of Engineers, Rock Island District
Attn: Ryckaert (PM-M)
Clock Tower Building
P. O. Box 2004
Rock Island IL 61204-2004