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Modifications, alterations or occupation of federal works projects requires approval from the Los Angeles District 408 program, via Section 14 of the Rivers and Harbors Act of 1899 & 33 USC 408. This applies to all works aiming to modify or alter the public work in any manner, regardless of impact or scale. These public works projects include dams, basins, levees, channels and any other local flood protection works, such as the Lower Santa Ana River, Brea Channel, Fullerton Creek. A full list of corps built projects in California can be found at this provided link. Because most federally constructed public works projects are turned over to a Non-Federal sponsor for operations and maintenance, the 408 process begins with the Non-Federal Sponsor (OCFCD). Once the corps approves of the modification, a permission will be granted to Orange County Flood Control District and the Third-Party Applicant.
Typical cross section of channel requiring Section 408 Permission
Typical 408 Permissions
Orange County Flood Control District serves as the Non-Federal Sponsor for the Santa Ana River levee and thus must be involved in the Section 408 permission process for all projects that affect the levee. This applies for all modifications or alterations to the area within the levee R/W regardless of the scale of impact. Currently Orange County Flood Control District is reviewing several 408 permissions at various stages of the permission process. Some of these include:
- Grade modification for OCVIBE
- Potholing/ investigatory borings & trail improvements for OC Loop Class 1 bikeway
- Bridge widening of Orangewood Avenue Bridge
- Street widening and grade modification of Pine Avenue in City of Chino, including utilities
- Channel Levee Modification of Santa Ana River Reach 5 to raise levee height
- Widening of SR-57 Bridge for OCTA, including levee modifications
- Widening of SR-91 Bridge over Santa Ana River for OCTA
Typical project requiring 408 Permission
Process
The process of obtaining a Section 408 Permission is detailed at the following link:
https://www.spl.usace.army.mil/Missions/Section-408-Permits/
To begin the 408 process of checking requirement for & obtaining a Section 408 permission, please reach out to the local sponsor’s Section 408 coordinator at county408coord@pw.oc.gov.
In addition, the following sheet for permission inquiry should also be filled out with information regarding project description, site access and exhibits detailing the project location map, project footprint (with R/W clearly shown if possible) & site photos to provide a clear understanding of the project to the reviewer.
For any questions regarding Section 408, contact Ted Dang at ted.dang@pw.oc.gov or 714-667-8831 or Kenneth Tran at kenneth.tran@pw.oc.gov or 714-647-3988.
