TITLE: Tulsa-West Tulsa Levee Storm Sewer Construction and Levee Realignment

PUBLIC NOTICE COMMENT PERIOD:

Begins: December 17, 2024

Ends: December 27, 2024

REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the Mr. Joe Westervelt (requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for the realignment of a portion of the Tulsa-West Tulsa Levee C and the construction of 3 storm culverts to drain storm water to the Arkansas River.

LOCATION: 431 West 23^rd Street, Tulsa, Oklahoma. Section 14 Township 19 North, Range 12 East

REQUESTERS PROPOSED ACTION: The preferred alternative proposes eastward realignment of the Tulsa-West Tulsa Levee - Levee C through the GCC Ready Mix site, enabled by relief from the two drainage easements, allowing for a change of land use zone type at the site. Proposed construction activities include levee realignment within the GCC Ready Mix site with three storm drains. The proposed realigned levee crest height will exceed original design elevations and will have an easement width no less than 30 feet. Design and construction of the proposed realigned levee with storm drains will meet or exceed Corps specifications and requirements. An emergency action plan (EAP) was submitted to address any potential issues during construction, including high-water events. Weather and river gauges will be monitored during construction and the EAP will be implemented, as necessary. Additional proposed construction activities at the site include demolishing current buildings, excavation throughout the site to improve building and road foundations, removal of existing trees and shrubs, new landscape plantings, and construction of new buildings. Future management and ownership of the GCC Ready Mix site is undetermined.

The proposed levee alignment will have an easement width of a minimum 30 feet wide. This meets the requirement of 15 feet on each side of the levee centerline. No construction activities or encroachments will be allowed within the levee easement.

Tulsa County will place an additional deed restriction within 110 feet from the levee centerline. Any future construction proposal and activities within this proposed leveed area will be subject to Section 408 reviews to ensure they do not propose any seepage and/or stability issues or affect the intended function of the levee.

ENVIRONMENTAL IMPACTS OF PROPOSED ACTION: A draft Environmental Assessment has been prepared by the requester and a draft Finding of No Significant Impact prepared by the USACE is available for public review and comment during the public notice period. The proposed project was reviewed for cultural resources, in accordance with Section 106 of the National Historic Preservation Act. Based on an area of potential effect determined from site plans submitted to USACE for review the project meets the No Effect threshold, concluding the Section 106 process.

The proposed project was reviewed for cultural resources, in accordance with Section 106 of the National Historic Preservation Act, based on an area of potential effect determined based upon construction plans and Endangered Species Act figures.

Based on the cultural resources review, the project meets the criteria for a finding of No Potential to Effect historic properties.

AUTHORITY: The authority to grant permission for a temporary or permanent use, occupation, or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 U.S.C. 408 (“Section 408”). Section 408 authorized the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a public interest and will not impair the usefulness of the project. The Secretary of Army’s authority under Section 408 has been delegated to the USACE, Chief of Engineers. The USACE Chief of Engineers has further delegated the authority to the USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity.

LIMITS OF SECTION 408 AUTHORITY: A requester 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). In addition, an 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 FACTORS: The decision whether to grant the requested permission for project alteration under Section 408 will be based on several factors. That decision will reflect the national concern for both protection and utilization of important resources.

The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. Review of requests for alteration will be reviewed by a USACE technical review team considering the following factors:

1. Impair the Usefulness of the Project Determination. The review team will determine if the proposed alteration would limit the ability of the USACE project to function as authorized, or would compromise or change any authorized project conditions, purposes, or outputs. In order for an alteration to be approved, the Requester must demonstrate that the alteration does not impair the usefulness of the federally authorized project.

2. Injurious to the Public Interest Determination. Proposed alterations will be reviewed to determine the probable impacts, including cumulative impacts, on the public interest. Factors that may be relevant to the public interest evaluation depend upon the type of USACE project being altered and the nature of the proposed alteration 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. This evaluation will consider information received from the interested parties, including tribes, agencies, and the public. The benefits that reasonably may be expected to accrue from the proposal must be compared against its reasonably foreseeable detriments. The decision whether to approve an alteration will be determined by the consideration of whether benefits are commensurate with risks and by the net impact of the alteration on the public interest using the public interest factors.
3. 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. While USACE is responsible for ensuring environmental compliance, the requester is responsible for providing all information that the Tulsa District identifies as necessary to satisfy all applicable federal laws, executive orders, regulations, policies, and procedures. NEPA and other analysis completed to comply with other environmental statutes (e.g., Endangered Species Act) should be commensurate with the scale and potential effects of the activity that would alter the USACE project. The Tulsa District will work with the requester to determine the requirements, which will be scaled to the likely impacts of the proposed alteration and should convey the relevant considerations and impacts in a concise and effective manner.

PUBLIC INVOLVEMENT: The purpose of this notice is to solicit comments from the public; federal, state, and local agencies and officials; tribes; and other interested parties regarding the Tulsa-West Tulsa Levee C. Comments received within 10 days of publication of this notice will be used in the evaluation of potential impacts of the proposed action on important resources and in the evaluation of whether the proposed alteration would be injurious to the public interest and/or would impair the usefulness of the authorized project. Only the specific activities that have the potential to occupy, use, or alter Tulsa-West Tulsa Levee C will be evaluated. Please limit comments to the area of the alteration and those adjacent areas that would be directly or indirectly affected by proposed highway interchange expansion.