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STATE OF STATES OF COLORADO, MONTANA, WYOMING, SOUTH DAKOTA, NORTH DAKOTA AND NEBRASKA

Under Section 404 of the Clean Water Act within the Omaha District on proposed changes to the Corps' 2003 prohibited/restricted materials.

On January 28, 2011 and July 1, 2011, the U.S. Army Corps of Engineers, Omaha District issued public notices notifying interested parties that the Omaha District was considering continuing the 2003 prohibition/restriction regarding discharges of specified materials into waters of the United States under Section 404 of the Clean Water Act within the Omaha District. The public notices requested comments on proposed changes to the Corps' 2003 prohibited/restricted materials.

Based on our evaluation of the comments received, both from the regulated public and from within the Omaha District, the prohibitions, with modifications, is not contrary to the public interest and was issued by Public Notice October 20, 2011. A recent review of the October 2011 Public Notice identified a need for some minor clarifications and corrections. The clarifications and corrections have been incorporated below. The prohibitions and restrictions described below become effective upon issuance of this public notice.

PROHIBITED / RESTRICTED MATERIALS

  1. Vehicle bodies, farm machinery and metal junk, including appliances and metal containers, are prohibited.
  2. The use of asphalt or asphalt coated material as a fill, bank stabilization, or erosion control is prohibited.
  3. The use of organic debris as fill material is prohibited. Properly anchored trees, treetops, root wads, logs, and hay bales may be allowed on a case-by-case basis.
  4. Any material subject to leaching when in an aquatic environment is prohibited, including but not limited to, chemically-treated material, roofing material, and wood debris.
  5. Individual or unanchored tires are prohibited. Tires may be allowed on a case-by-case basis when placed in the form of a mat or grid with redundant anchoring points to reduce the risk of design failure.
  6. Small aggregate with a maximum dimension less than 6 inches may not be placed below the ordinary high water mark (OHWM) of a water body for the purpose of bank stabilization or erosion control when such aggregate will be unstable or subject to frequent failure. Small aggregate however, may be placed below the OHWM if its purpose is to fill the interstices of a well graded riprap structure, geo-membrane or other channel lining.
  7. Slab material, regardless of source, must be broken before placement so that the maximum dimension of an individual piece of material is no more than 3.5 times its minimum dimension unless otherwise justified by a qualified engineer. All material must be free of exposed rebar, wire and wire mesh.
  8. The use of clean brick, broken concrete and cinder block for erosion control or bank stabilization will be considered on a case-by-case basis. If allowed, the broken concrete must be free of exposed rebar, wire, wire mesh, asphalt paving material, paint, and other erodible materials. Broken concrete must range in size from 6 to 36 inches unless otherwise justified by a qualified engineer.

*Other Federal or State agencies may have additional prohibitions or restrictions for materials placed in a Water of the U.S.

This Public Notice does not negate the requirement to obtain proper authorization for any discharge of dredged or fill material into a water of the United States. Anyone considering such work is encouraged to contact the nearest field office listed below for information and assistance.

COLORADO
Denver Regulatory Office
9307 South Wadsworth Blvd.
Littleton, CO 80128-6901
(303) 979-4120
SOUTH DAKOTA
Pierre Regulatory Office
28563 Powerhouse Road, Room 118
Pierre, SD 57501
(605) 224-8531
MONTANA
Helena Regulatory Office
10 West 15th Street, Suite 2200
Helena, MT 59626
(406) 441-1375
NORTH DAKOTA
Bismarck Regulatory Office
1513 South 12th Street
Bismarck, ND 58504
(701) 255-0015
WYOMING
Wyoming Regulatory Office
2232 Dell Range Blvd., Suite 210
Cheyenne, WY 82009-4942
(307) 772-2300
NEBRASKA
Wehrspann Regulatory Office
8901 South 154th Street
Omaha, NE 68138-3621
(402) 896-0723

“Signature on File”

Martha S. Chieply
Chief, Regulatory Branch
Operations Division