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Section 408 Coordinator 
Email: POH-408-Submittals@usace.army.mil
Phone: (808) 835-4030

 

 

 

What is Section 408?

The Honolulu District, in partnership with our non-federal sponsors, has constructed Civil Works projects in support of the Nation's water resources across the District’s area of responsibility.  Over time, there may be a need for an alteration or occupation by others of these completed works. The U.S. Army Corps of Engineers (USACE) Section 408 program allows another party, such as a local government, company, or individual, to alter a USACE Civil Works project. Proposed alterations to a completed project may range from improvements, relocation, or installing utilities or other non-project features.

Section 408 is the process that evaluates proposed alterations, occupations, or use of USACE federally authorized Civil Works project.  The proposed action must not be injurious to the public interest or impair the usefulness of the federally authorized project.  Examples of federally authorized projects include, but are not limited to levees, dams and federal navigation channels. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has been amended several times and is codified at 33 United States Code (USC) 408 (Section 408).

Examples of projects that need USACE Section 408 permission include:

  • Modifications to a bridge crossing over an existing USACE flood control project.
  • Installation of a fish ladder in an existing USACE flood control project.
  • Adding hydropower to a dam.
To view Public Notices related to Civil Works, click here.

Section 408: Resources for Getting Started

USACE is committed to keeping the public informed about this important project and why it's being conducted. Updates and public engagement opportunities will be shared through local/social media outlets and this project webpage in coordination with our regulator, the Hawaii State Department of Health. A schedule for any future on-site work will be made public once the plans are approved. 

We continue to prioritize educating the community about this enduring environmental mission and improving public understanding about the processes involved in cleaning up potential contamination or munitions that may remain on properties from past DOW activities.

If you have questions about the former Kihei Artillery Range FUDS project, you can contact USACE by email at HonoluluDistrictFUDSInfo@usace.army.mil.

How to apply for Section 408 permission

To determine if your proposed action needs a Section 408 permission, submit your request through: POH-408-Submittals@usace.army.mil

Or mail your request to: U.S. Army Corps of Engineers - Honolulu District, ATTN: CEPOH-PPC (Section 408 Coordinator), Building 230, Fort Shafter, Hawaii 96858-5440

Contact Information:
• Name (first/last)
• Mailing Address
• Phone number (555-555-5555)
• E-mail
• Requester Entity (e.g. state agency/borough/municipality/city/private citizen/other)
• Requester Representative (e.g. consultant/agent), if applicable

Project Information:
• Project Title
• Name of USACE Regulatory POC / Number of USACE Regulatory Permit (if applicable)
• Location of proposed work (street/city/zip code)
• Describe the proposed project (be as detailed as possible)
• Preliminary design drawings / conceptual sketches / area maps / other project design info (if readily available)

Early coordination in the project planning process with the Honolulu District is highly recommended. The above information will assist the Corps in determining whether a Section 408 permission will be required, in which case the policy and procedural guidance outlined in Engineer Circular (EC) 1165-2-220 shall be followed.  The Corps will then render a determination to approve or deny the proposed project. Please be advised that in addition to Section 408 approval, the requester's proposed project may also require review and approval of a USACE Regulatory permit.