United States Code Title 33 Section 408 review
This prepared complaint letter identifies the responsible public authorities, controlling official sources, evidence limits, and the factual questions that require agency review.
The draft requests investigation and documentary findings. It does not assert that every cited legal element or violation has already been proven.
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CalendarAlbuquerque Metropolitan Arroyo Flood Control Authority board meeting · Thursday, September 24 at 9:00 a.m.KOB 4AMAFCA finishes maintenance work at retention basin home to animalsAudubon SouthwestExtended Drying of The Rio Grande Affects BosqueDead beaver found near Paseo and CoorsABQ JournalCity workers remove dozens of animals from trash catch amid AMAFCA maintenance
CalendarAlbuquerque Metropolitan Arroyo Flood Control Authority board meeting · Thursday, September 24 at 9:00 a.m.KOB 4AMAFCA finishes maintenance work at retention basin home to animalsAudubon SouthwestExtended Drying of The Rio Grande Affects BosqueDead beaver found near Paseo and CoorsABQ JournalCity workers remove dozens of animals from trash catch amid AMAFCA maintenance
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Unauthorized alteration of a Corps project — 33 U.S.C. §408
Potential violation only if the affected feature is part of a federally authorized United States Army Corps of Engineers civil-works project and the alteration, occupation, or use was one requiring permission, including because it could injure the project or impair its usefulness. Law: 33 U.S.C. §408.
Subject
Formal request: determine whether 33 U.S.C. §408 permission was required
Prepared for United States Army Corps of Engineers; Albuquerque Metropolitan Arroyo Flood Control Authority; City of Albuquerque; Middle Rio Grande Conservancy District
Dear United States Army Corps of Engineers; Albuquerque Metropolitan Arroyo Flood Control Authority; City of Albuquerque; Middle Rio Grande Conservancy District, I am a resident and member of the public requesting a prompt, documented investigation and coordinated response concerning the drainage or retention area near 6440 Coors Boulevard Northwest, directly east of Sagebrush Church–Riverside Campus, Albuquerque, New Mexico 87120. POTENTIAL LEGAL ISSUE AND REQUIRED CAVEAT Unauthorized alteration of a Corps project — 33 U.S.C. §408 Potential violation only if the affected feature is part of a federally authorized United States Army Corps of Engineers civil-works project and the alteration, occupation, or use was one requiring permission, including because it could injure the project or impair its usefulness. Law: 33 U.S.C. §408. FULL LEGAL CITATION AND ELEMENTS TO REVIEW Review 33 U.S.C. §408. If the channel, levee, drain, flood-control work, or connected facility is part of a federally authorized civil-works project, alteration, occupation, or use that injures the project or impairs its usefulness may require permission from the Secretary. The Corps must first identify whether a covered project exists and whether the work altered project function, safety, operation, maintenance, or authorized water management. OFFICIAL CONTROLLING SOURCES 1. 33 U.S.C. §408 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim 2. United States Army Corps of Engineers: Section 408 program https://www.usace.army.mil/Missions/Civil-Works/Section408/ ISSUE-SPECIFIC EVIDENCE STATUS CURRENT FACTUAL BASELINE (reviewed August 29, 2026) Albuquerque Metropolitan Arroyo Flood Control Authority identifies the site as the Albuquerque Metropolitan Arroyo Flood Control Authority-owned La Orilla Outlet Water Quality Structure. Albuquerque Metropolitan Arroyo Flood Control Authority authorized the on-site work at the La Orilla Outlet Water Quality Structure; that agency authorization does not by itself establish that every required permit or regulatory approval was satisfied. Albuquerque Metropolitan Arroyo Flood Control Authority reported that approximately 8–10 turtles, primarily red-eared sliders, and several bullfrogs had been captured or relocated as of August 26, 2026; wildlife professionals were involved, work was paused after wildlife concerns, relocation was not complete, and no dead or injured wildlife had been found at that point. The supplied photograph directly depicts one beaver, and witness material records direct observation of at least two beavers and one beaver den; Albuquerque Metropolitan Arroyo Flood Control Authority stated that it had not independently confirmed the beaver observation as of its August 26, 2026 public statement. A supplied photograph depicts an animal appearing to be a deceased beaver beside a roadway. In a public Facebook post, Brittany Walters says Jenn Wilson photographed the animal near Paseo and Coors and identifies it as the same beaver the community had been trying to save based on matching tail notches; the identity and the cause, timing, and circumstances of death have not been independently verified. Supplied text-message screenshots report more than 40 turtles identified in the account as snapping, western painted, red-eared slider, and spiny softshell turtles, plus one unidentified snake, many bullfrogs, and a possible alligator; the counts and species identifications require qualified official verification. Historical federal scientific records document Rio Grande silvery minnows at a La Orilla Middle Rio Grande study location; that historical evidence does not establish that silvery minnows were present inside the specific Albuquerque Metropolitan Arroyo Flood Control Authority La Orilla Outlet Water Quality Structure during the August 2026 operation. Albuquerque Metropolitan Arroyo Flood Control Authority stated that water was pumped downstream along the structure’s normal drainage path toward the Rio Grande and that water-quality samples were collected; laboratory results were pending at the time of its August 26, 2026 statement. Albuquerque Metropolitan Arroyo Flood Control Authority stated that permanent drainage modifications were under consideration. The reviewed public record does not establish the full permit history, precise regulatory jurisdiction, specific discharge authorization, detailed laboratory results, all relocation destinations, complete injury or mortality records, or final permanent-design effects. Images of fresh soil, equipment activity, and wildlife at the drainage area, together with news reporting, document the concern, but the public record does not establish a federal permit, funding source, land interest, civil-works project, retained federal control, action agency, listed-species action area, historic property, or completed federal review. Those threshold facts must be identified before the cited federal process can be found applicable or deficient. ISSUE-SPECIFIC RECORDS AND FACTUAL QUESTIONS Identify the project authorization, as-built plans, easements, owner and operator, work order, permission application, engineering review, changes to capacity or flow, and any risk to flood-control, drainage, or public safety functions. WHY PROMPT ACTION IS WARRANTED Further filling, pumping, dewatering, grading, vegetation removal, cleanup, or animal handling could alter site conditions, make water-quality or wildlife effects harder to detect, destroy evidence, and foreclose less damaging corrective options. The available record warrants inspection and preservation now even though jurisdiction, permit status, causation, species, injury, and the elements of any violation remain to be established. COORDINATED REQUEST BY RECIPIENT ROLE United States Army Corps of Engineers — Primary enforcement or regulator Confirm whether §408 applies; require an engineering and safety review before more alteration; and take corrective, restoration, or enforcement action if work occurred without the required permission. Albuquerque Metropolitan Arroyo Flood Control Authority — Records, coordination, and referral Please preserve the records in your custody, identify any known owner, operator, project, drainage, or state water-quality responsibility, inspect or coordinate inspection where authorized, share any applicable state or local records, and refer the issue to the regulator with permitting or enforcement jurisdiction. This is a records, coordination, and referral request—not a conclusion that your office administers the cited federal permit program or has enforcement jurisdiction. City of Albuquerque — Records, coordination, and referral Please preserve the records in your custody, identify any known owner, operator, project, drainage, or state water-quality responsibility, inspect or coordinate inspection where authorized, share any applicable state or local records, and refer the issue to the regulator with permitting or enforcement jurisdiction. This is a records, coordination, and referral request—not a conclusion that your office administers the cited federal permit program or has enforcement jurisdiction. Middle Rio Grande Conservancy District — Records, coordination, and referral Please preserve the records in your custody, identify any known owner, operator, project, drainage, or state water-quality responsibility, inspect or coordinate inspection where authorized, share any applicable state or local records, and refer the issue to the regulator with permitting or enforcement jurisdiction. This is a records, coordination, and referral request—not a conclusion that your office administers the cited federal permit program or has enforcement jurisdiction. RECORDS AND EVIDENCE PRESERVATION Preserve records from January 1, 2026 through the present, including native electronic files and available metadata. The request covers engineering and hydrology analyses; ownership, easement, and as-built records; contracts, bids, invoices, work orders, schedules, and contractor instructions; permit applications, jurisdictional determinations, exemption claims, notices of intent, pollution-prevention plans, inspections, sampling, discharge and dewatering records; wildlife surveys, capture and relocation records, veterinary or mortality records, destination approvals, and chain of custody; alternatives, mitigation, restoration, and long-term maintenance analyses; photographs, drone imagery, video, geographic data, complaints, public statements, and internal, contractor, and interagency communications. Please suspend routine deletion, preserve originals, produce records electronically on a rolling basis, identify withheld categories and the legal basis, give advance notice before fees exceed $25, and forward this request to the proper custodian if your office does not hold a record. CONTACT INFORMATION AND DELIVERY PATHS United States Army Corps of Engineers — Albuquerque Regulatory Office Role: Primary enforcement or regulator What this recipient can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement. Email: SPA-RD-NM@usace.army.mil Phone: 505-342-3280 Mailing address: 4101 Jefferson Plaza NE Albuquerque, NM 87109-3435 Official web form: https://rrs.usace.army.mil/rrs/ Albuquerque Metropolitan Arroyo Flood Control Authority Role: Records, coordination, and referral What this recipient can do: Confirm ownership, preserve records, explain maintenance decisions, inspect work, and disclose sampling and design information. Email: public@amafca.org Phone: 505-884-2215 Mailing address: 2600 Prospect Avenue NE Albuquerque, NM 87107 City of Albuquerque — 311 / Environmental Health Role: Records, coordination, and referral What this recipient can do: Preserve City records, identify responsible departments, coordinate, and refer to regulators. Phone: 311 Middle Rio Grande Conservancy District Role: Records, coordination, and referral What this recipient can do: Confirm infrastructure connections, preserve records, and coordinate with water authorities. Phone: 505-247-0234 SUPPORTING RECORD ORIGINAL SOURCE Facebook post documenting the reported conditions: https://www.facebook.com/100068501006128/posts/pfbid02duMr7XFMQ6pFVAXeDzamX9QgrrFpnfgyJapV1ioL3fddTNKUcvXybWNxtL3CVMANl/?mibextid=wwXIfr Legal memorandum and photo descriptions: https://laorilla.org/La_Orilla_Legal_Complaint_2026-08-26_v1.pdf Please acknowledge receipt, provide a tracking number or referral contact, identify the deciding agency, and explain the findings, evidence reviewed, protective measures, corrective or enforcement action, unresolved questions, and schedule for the next public update. LEGAL DISCLAIMER AND LIMITS The reported capture and removal of wildlife, together with the absence of an identified completed pre-work species or habitat survey in the public record, do not by themselves prove that the cited authority applies, that any animal was injured or died, or that a violation or crime occurred. The report's accuracy, permit status, and legal significance require official verification and determination. This letter requests investigation, preservation, and role-appropriate assistance. The responsible authorities must establish each factual, jurisdictional, causation, intent, permit, and exception element. Respectfully, [Your name] [City], [State] [ZIP] [Your email]