The series of reconstruction projects entailed rock berm stabilization to the existing retaining wall, floodwall joint repairs, toe-drain replacement, soil stabilization and closure gate seal replacement, two new pump stations, and miscellaneous structural and culvert work. The massive effort was necessary to enhance the reliability of the original project since the wall was originally completed in 1964.
In 2008, the ownership, operation, and maintenance of the flood wall and levee system were transferred to the City of Cape Girardeau. Prior to 2008, the North Main Street and Main Street Levee Improvement Districts operated the system. Productive partnerships among the former Levee Districts, the City, the U.S. Army Corps of Engineers, local property owners and businesses, and the railroad have provided for the continuing success of the Cape Girardeau Flood Protection System.
Join us in celebrating the successful collaboration that has helped us further reduce flood risks for the City of Cape Girardeau downtown by the river wall at Independence Street with a commemorative photo, a few brief remarks, and a self-guided tour. In the event of inclement weather, the event could be moved to the Shawnee Park Center, please check www.cityofcape.org the morning of for details.
The U.S. Army Corps of Engineers, through the Regulatory Program, administers and enforces Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Under Section 10, a permit is required for work or structures in, over or under navigable waters of the United States. Under Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States. Many water bodies and wetlands in the nation are waters of the United States and are subject to the Corps' regulatory authority.
The U.S. Army Corps of Engineers Regulatory Program is committed to protecting the Nation's aquatic resources and navigation capacity, while allowing reasonable development through fair and balanced decisions. The Portland District Regulatory Branch has jurisdiction over the state of Oregon, southern Washington ports and restoration projects in the Columbia River estuary funded by the Bonneville Power Administration.
The complete list of phone numbers and emails for USACE Regulatory staff can be found at:
Project Managers are assigned by county. Additional contacts are also listed to help answer your questions.
If work is to be conducted on or near a federally authorized project, which may include a dam, levee, flood wall, federal navigation channel, or reservoir including work in uplands, please contact sectio...@usace.army.mil. Your project may require a 408 permission by USACE (see ).
We regulate activities in, over, or under navigable waters of the United States (under Section 10 of the Rivers and Harbors Act of 1899), and the discharge (dump, placement, deposit) of dredged or fill material into waters of the United States to include wetlands (under Section 404 of the Clean Water Act of 1972). Section 404 jurisdiction encompasses more waters than Section 10 jurisdiction. All Section 10 waters are also Section 404 waters, but not all Section 404 waters are Section 10 waters. Contact your local USACE Regulatory office if you are uncertain if your site/property has navigable waters and/or waters of the United States.
Any person, firm, tribe or agency (including Federal, state, and local government agencies) planning to work in navigable waters of the United States, or discharge dredged or fill material in waters of the United States, including wetlands, must first obtain a permit from USACE Regulatory. Permits, licenses, variances, or similar authorization may also be required by other Federal, state and local statutes.
If your activity is located in an area of tidal waters the best way to avoid the need for a permit is to select a site that is above the high tide line and avoid adjacent wetlands and other waters (i.e., coastal lakes and tributaries). Some activities in Section 10 waters may not need authorization from USACE Regulatory. Constructing a new structure or rebuilding a structure that deviates from the previous design would require USACE Regulatory authorization. Blocking navigation in the water is not permissible. For more information on this topic, you can go to:
When working near non-tidal waters stay landward of the ordinary high water mark and avoid wetlands adjacent to streams, rivers, or lakes. Before you work in or near water or wetlands, contact us for specific information about permitting requirements. You can find more information below about the high tide line, ordinary high water mark, and wetlands. Also, it is possible that your activity in Section 404 waters is exempt and does not need a USACE Regulatory permit.
USACE Regulatory has the responsibility to determine if the proposed work is consistent with our definition of an emergency, whether authorization is needed, and if so, which type of authorization is required. These determinations are made on a case-by-case basis. Emergency declarations by the state or a county government may not mean all projects within the area qualify for emergency permitting procedures.
You are encouraged to notify us of the need to perform emergency work before taking any action. Call your county Project Manager as soon as possible to discuss the situation. Alternatively, you can contact the Portland or Eugene Section chiefs for assistance. If you need to reach USACE Regulatory after work hours or on weekends, please contact the Regulatory Branch Chief Mr. Bill Abadie at 503-708-7653. Be prepared to discuss the project location and what in-water work you propose.
All permit reviews, including emergency reviews, require coordination with tribes and state and federal agencies. In an emergency, reasonable effort will be made to take into consideration comments received from interest groups and others who may be affected by the action. You may need to conduct a wetland delineation, cultural resource investigations, sediment evaluation, or other preparatory work when applying for authorization from USACE Regulatory. Your county Project Manager can help you understand these requirements.
Unauthorized work may be subject to enforcement action. USACE Regulatory may not view an action as an emergency if the applicant has known of the deficient condition of the failing structure and has not made reasonable attempts to secure appropriate permits and conduct timely repairs.
Performing unauthorized work in waters of the United States or failure to comply with the terms of a valid permit may result in serious consequences. This may be a violation of Federal law and the parties involved could face significant penalties. This may include administrative penalties, legal action which could result in civil penalties, imprisonment, and/or requirements to restore the area and mitigate for the impacts (for more information regarding compensatory mitigation, please see our mitigation page ). When in doubt as to whether a planned activity requires a permit or whether your proposed work complies with a previously issued permit, please contact us . This will save a lot of unnecessary complications (and cost) later.
Nationwide, less than one percent of all requests for permits are denied. Applicants who have been denied permits usually have refused to change the design, timing, or location of the proposed activity, or were not able to meet the requirements of other federal laws (for example, the Endangered Species Act or Section 401 of the Clean Water Act, among others). When a permit is denied an applicant may redesign the project and submit a new application. To avoid unnecessary delays, pre-application conferences, particularly for applications for major activities, are recommended. USACE Regulatory will endeavor to provide helpful information. This includes factors which will be considered during the public interest review and may include alternatives to consider when designing a project.
Wetlands are areas that are periodically or permanently inundated by surface or ground water and support vegetation adapted for life in saturated soil. Wetlands include swamps, marshes, bogs and similar areas. Caution: Most wetlands lack both standing water and waterlogged soils during at least part of the growing season.
To know if there are wetlands on your site/property, you should have a wetland delineation conducted. Completing a wetland delineation requires expertise and is typically done by a professional wetland scientist. You may hire a professional wetland scientist to delineate wetlands on your site/property. After the delineation is completed submit the report to USACE Regulatory and we will verify the accuracy of the wetland delineation.
In some cases, USACE Regulatory may delineate wetlands belonging to non-commercial entities. If you have further questions about wetland delineation, contact your local Regulatory office to discuss your project with a regulatory Project Manager.
Authorization can range from general permits for minor impacts (such as Nationwide and Regional general permits), Letters of Permission, and higher impact permits such as Standard Individual Permits. Impacts to higher ecological value areas will be subject to a much more detailed evaluation and a strong focus on avoidance of impacts to the aquatic environment.
Standard Individual Permits require a more rigorous review, with additional review components, and often a longer processing time. The need for an individual permit will depend on the type or location of work, and/or the level of proposed impacts in waters of the U.S. Our general permits authorize minor activities without the need for individual processing. Check with your county Project Manager for information on general permits. When a general permit does not apply, you may be required to obtain an individual permit.
Examples of such fill material can include, but are not limited to rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in the waters of the United States.
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