Interested parties are hereby notified that a request has been received for a Department of the Army Section 408 permission extension 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 will become part of the U.S. Army Corps of Engineers’ (USACE) administrative record and will be considered in determining whether to approve the request. Comments supporting, opposing, or identifying concerns that should be considered by the USACE 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 USACE 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), Sny Island Levee Drainage District requested a time extension of a previously authorized Section 408 permission to modify a portion of their Reach 1 Levee, an existing federally-authorized flood risk management project.
LOCATION: The proposed project is located along the mainstem portion of the Reach 1 Levee in Pike County, Illinois.
LOCATION MAP(S)/DRAWING(S): See Figures 1 and 2.
REQUESTER’S PROPOSED ACTION: The requester proposes to extend the time limit for their previously authorized Section 408 permission to construct a seepage berm. The time limit for completing the work authorized in the existing Section 408 permission is five (5) years from the date stated on the 408 alteration Request Approval Letter, or August 2027. A time extension of the previously authorized Section 408 permission would allow the requester additional time to complete the proposed project detailed below.
The proposed project would construct a seepage berm along approximately 2.6 linear miles of the mainstem portions of the Sny Island Levee Drainage District Reach 1 Levee in Pike County, Illinois from levee stations 424+00 to 555+00. Seepage and large boils formed in this area during the 2019 Flood. The proposed seepage berm would reduce seepage rates and improve levee slope stability, thus reducing pumping rates. Material to construct this project would come from the existing Cave Hollow Dredged Material Placement Site near River Mile 305.6 within Reach 1 of the Sny Island Drainage Levee District. No additional dredge, borrow, or excavation would be required as this site contains enough material.
REGULATORY AUTHORITY: This request was 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 was not included in the Section 408 compliance determination. 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 was 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 reflected the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal was balanced against its reasonably foreseeable detriments. A USACE technical team reviewed the request for modification considering the following factors:
- Impair the Usefulness of the Project Determination. The review team determined the proposed alteration would not limit the ability of the federally authorized project to function as authorized, nor would it compromise or change any authorized project conditions, purposes or outputs. The decision to approve the request for modification was based on a determination of no impairments.
- Injurious to the Public Interest Determination. The alteration was 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 to approve the alteration was determined by the consideration of whether benefits are commensurate with risks. The potential detriments were not found to outweigh the potential benefits, and it was determined that the proposed alteration is not 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.
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- EC 1165-2-220 instructs the USACE to broadly interpret categorical exclusions, as referenced in 33 CFR 230.9, to include either USACE or the non-federal sponsor if the proposed alteration is within the intended scope of the specific categorical exclusion. The proposed action is similar in scope to those actions covered by Categorical Exclusion 33 CFR 230.9(b), “Activities at completed projects which carry out the authorized project purposes. Examples include routine operation and maintenance actions, erosion control, repair, rehabilitation, replacement of existing structures and facilities such as buildings, roads, levees, groins and utilities, and installation of new buildings utilities, or roadways in developed areas.”
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- The Project is in compliance with National Historic Preservation Act. USACE coordinated no historic properties effected in 2022 with State Historic Preservation Office (SHPO)/Tribes on the proposed project and Federal Emergency Management Agency coordinated in 2026 on the proposed project. SHPO concurred in 2022 and 2026. No responses from Tribes were received.
- Technical Analysis. The District worked closely with the requestor to ensure that all required technical plans, maps, drawings, and specifications were provided and complete. A District-led Agency Technical Review was 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 2020-0033. Comments must reach this office no later than 23 July 2026. Comments or requests for additional information should be mailed or emailed to the following address:
Email: MVR408@usace.army.mil
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