THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. A DECISION HAS NOT BEEN MADE REGARDING ISSUANCE OF PERMISSION AT THIS TIME.
PROJECT TITLE: Spring Creek/Cow Creek Sanitary District Wastewater Treatment Facility (Section 408 Reference Number: 408-NWO-2024-0019).
REQUESTER: In compliance with USC Title 33, Chapter 9, Subchapter 1, Section 408, the Spring Creek/Cow Creek Sanitary District (Requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for an alteration at the Oahe Dam & Reservoir Project (Federal Project).
AUTHORITY: The authority to grant permission for 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 USC 408 (“Section 408”). Section 408 authorizes 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 USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary of the Army’s authority under Section 408 has been delegated to USACE, Chief of Engineers. USACE, Chief of Engineers has further delegated the authority to USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity. An alteration is defined as any action that builds upon, alters, improves, moves, occupies or otherwise affects the usefulness, or the structural or ecological integrity of a Corps federally authorized project.
EVALUATION: USACE Omaha District has determined that the Spring Creek/Cow Creek Sanitary District Wastewater Treatment Facility would entail an alteration to the Federal Project, and therefore requires permission under Section 408.
LOCATION: The proposed Spring Creek/Cow Creek Sanitary District Wastewater Treatment Facility Project is approximately located at latitude 44.539750°, longitude -100.471541° in Hughes County, South Dakota.
REQUESTER’S PROPOSED ACTON: The Requester’s proposed project is comprised of the following elements: The construction of a one-acre wastewater treatment plant site (not on USACE lands) approximately 490 feet east of Landing Avenue. Approximately 4,120 feet of four-inch diameter sewage effluent forcemain would be constructed through open cut trenching along the north side of Walleye Drive. The final 200 feet of forcemain would be directionally drilled. It would terminate approximately 75 feet into the Oahe Reservoir within a previously disturbed area that formerly contained a boat ramp and boat slips. Construction activities for the project would temporarily impact 1.36 acres. The soil excavated during trenching would be returned to the trench. Figures 1 through 3 enclosed show location map and plans for the proposed action.
The purpose of the proposed action is to comply with the conditions of a new controlled discharge permit for the construction of the proposed wastewater treatment facility. This facility would address concerns with the existing lagoon’s linear dissipation of effluent that is reported to be greater than anticipated by evaporation. Additionally, the existing facility requires expansion to accommodate a service area that is projected to increase in the next several years.
Only project elements that would alter the Federal Project are within the review scope for the Section 408 permission request. A portion of the proposed activities are located within the floodplain.
NATIONAL ENVIRONMENTAL POLICY ACT: USACE has determined an Environmental Assessment is appropriate to inform the anticipated effects to the quality of the human and natural environment from implementation of the proposed Section 408 project.
The EA is being prepared in accordance with the National Environmental Policy Act of 1969 (NEPA) 42 USC 4321, Engineering Circular EC 1165-2-220 for Section 408, and all other applicable environmental laws and regulations. The Requestor’s Agent has prepared a draft EA for the Proposed Project. USACE will independently evaluate the accuracy, scope, and content of this EA prior to the agency adopting its analysis. If USACE subsequently identifies significant effects on the quality of the human environment that cannot be mitigated by the Requester, USACE will initiate an Environmental Impact Statement (EIS) and afford all the appropriate participation opportunities attendant to an EIS. USACE invites the public to comment on the impacts of the proposal on the quality of the human and natural environment.
LIMITS OF SECTION 408 AUTHORITY: The 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 USC 403), Section 404 of the Clean Water Act (33 USC Section 1344). 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.
PUBLIC INVOLVEMENT: USACE will accept comments on this Public Notice and make them part of the evaluation record, and they will be considered in USACE’s determination whether the proposed alteration would be injurious to the public interest and would impair the usefulness of the Federal Project, as well as assessing the impacts of the proposal on the quality of the human environment. Interested parties may submit in writing any comments concerning this notice. USACE will consider all submissions received before the expiration date of this notice. USACE will post this Public Notice to the following website:
https://www.nwo.usace.army.mil/Media/Public-Notices/
SUBMITTING COMMENTS: Comments pertaining to this public notice must be submitted via email or conventional mail on or before August 9, 2025 and must include the 408 Reference Number above. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act, including personally identifiable information such as names, phone numbers, and addresses.
All email comments should be sent to: section408nwo@usace.army.mil.
Conventional mail comments should be sent to:
U.S. Army Corps of Engineers - Omaha District
Planning Branch, CENWO-PMA-A
ATTN: Section 408 Coordinator
1616 Capitol Avenue
Omaha, NE 68102