Navigating 408 Permits: Protecting Levee Integrity with the City of Aberdeen and the FAA

Our Federal Team has been partnering with two different clients on 408 permits. They are required anytime someone wants to modify an existing United States Army Corps of Engineers (USACE) program. For both projects, we’re analyzing how a change can be made without undermining the integrity of the levee system. In this article, we’ll walk you through the permit process and share details on our work with the City of Aberdeen and the Federal Aviation Authority (FAA).

Our 408 Permit Process
To find the right solution, we started by reviewing environmental assessments to determine how these changes would affect the site. Through this process, we identified endangered species in the area and looked at how our project would impact those animals, as well as the environment. We also analyzed any changes which were made to the levee after it was initially constructed. And last, but not least, we assessed whether the improvements would comply with existing laws.

Then, our team compiled our findings into a long-form letter, which was submitted by our clients to USACE. In it, we provided an evaluation of how changes would impact the area and an overview of the project. Our design plans were included as well.

Affinis 408 Permit Projects
Aberdeen Section 408
The City of Aberdeen wanted to install a new communication line for their water tower. They hired Helms & Associates to design a solution. Ultimately, they decided the ABR tower transmission line would need to run through the existing levee.

They asked our team to determine how they could encapsulate the line, so it wouldn’t undermine the integrity of the levee. We began by analyzing environmental impacts. This levee is adjacent to a wetland area, so we looked at how it could affect animals living there. Then, using Helms & Associate’s drawings as a jumping off point, we developed plans for a 24-inch diameter concrete pipe that would surround the line. Our team was responsible for making sure the plans met USACE Omaha District’s standards.

Charles B. Wheeler Downtown Airport (MKC) Section 408
On our second project, Matai is replacing a wooden platform at MKC Airport with a concrete platform for the FAA. The aging structure is located near the Missouri River, a levee, and wetlands. The proposed design solution would be built on the levee.

Photos provided by the FAA

Matai provided the structural design, but they asked our team of levee experts to assist with the 408 permit for this project. Specifically, Affinis reviewed the plans and made modifications to where it would connect to the impermeable layer of the levee. Then, we updated the drawings to reflect our recommendations.

While the design has been straightforward, the environmental analysis was more challenging. The levee was built before environmental assessments were required, so they didn’t have an existing document from which we could work. Instead, our team had to demonstrate we were not building outside of the historic footprint and show the project was not in violation of any laws.