Regulatory and Section 408 Programs

10 Mar 2025

NWO-2015-00887-BIS

Expiration date: 3/28/2025

GrandSKY Development Company, in cooperation with the US Air Force and Grand Forks County, is proposing to expand the Uncrewed Aircraft Systems and Operations and Aviation Park. The site consists of 217 acres, including 25 acres of wetlands, located on the Grand Forks Air Force Base that was established with an Enhanced Use Lease to meet the directives of Executive Order 1337 (Federal Real Property Asset Management), dated February 4, 2004. Development of 50 acres began in 2015. Interest in the Park has exceeded expectations and GrandSKY is proposing to expand its footprint. The District Engineer, Omaha, is evaluating a permit application to fill 18.1 acre of wetlands over the next 10+ years in phases. A conceptual layout has been provided with the focus on Phase 1, which would result in 6.1 acres of wetlands being filled. The project is located in Section 34, Township 152 North, Range 53 West; at Latitude 47.938175, Longitude -97.415305, Grand Forks County, North Dakota.

27 Feb 2025

NWO-2023-01976-RWY

Expiration date: 3/28/2025

The U.S. Army Corps of Engineers, Omaha District, (Corps) in coordination with Wyoming Department of Environmental Quality (WDEQ), Water Quality Division, is evaluating a proposal for a proposed In-Lieu Fee Compensatory Mitigation Program (ILF) referred to as “Ducks Unlimited Wyoming Aquatic Resource In-Lieu Fee Program (DU-WY-ILF)”. The purpose of this notice is to solicit comments and recommendations from the public, federal, state, and local agencies and officials, Indian tribes, and other interested parties concerning the work as described below. This notice may also be viewed at the Corps web site at: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Wyoming/Public-Notices/. Under Section 404 of the Clean Water Act (CWA), applicants applying for the Department of the Army (DA) permits to discharge dredge or fill material into waters of the United States, including wetlands, are often required to provide compensatory mitigation for permitted unavoidable aquatic resource losses by creating, restoring, enhancing, and preserving wetlands or streams. Authorized ILF Programs provide the Corps and the regulated public with additional options for compensatory mitigation of aquatic resource losses and ease the regulatory burden associated with permitted impacts. As per the Mitigation Rule, there are three mechanisms for providing compensatory mitigation (listed in order of preference as established by the regulations): mitigation banks, in-lieu fee programs, and permittee-responsible mitigation. An in-lieu fee program allows a permit holder to pay a fee to a government agency or nonprofit organization (sponsor) instead (in-lieu) of directly mitigating environmental impacts on their property. The mitigation responsibility is transferred to the sponsor where the collected funds are used to restore and preserve aquatic areas elsewhere, effectively compensating for the environmental damage caused by the permitted project. Implicit to the Program is a watershed-scale approach considering landscape-level opportunities funded by the sale of mitigation credits. This will allow impacted watershed functions and services to be offset through ecologically significant projects.

25 Feb 2025

NWO-2010-02756-BIS

Expiration date: 3/26/2025

The District Engineer, Omaha, is evaluating a site plan submitted by the North Dakota Department of Transportation (NDDOT) for the Ramsey County 1 Wetland Mitigation Bank Site (Site) as an addendum to the NDDOT Umbrella Mitigation Bank Program Instrument (UMBI) approved on June 14, 2013. The 152.71-acre site is located approximately 1.3 miles east of Edmore, North Dakota in the NE ¼ of Section 20, Township 157 North, Range 60 West, Latitude 48.409554° North, Longitude -98.410829° West, Ramsey County, North Dakota. NDDOT estimates the Site would generate 57.6 credits, primarily achieved through wetland restoration and enhancement, with added credit for stream preservation, buffers, and uplands. The credits, if appropriate, would be used of fulfill mitigation requirements of Section 404 of the Clean Water Act permits or EO 11990 primarily for NDDOT road projects in the Devils Lake Basin Regional Service Area.

18 Feb 2025

USACE seeks public comment on Northwest Area Water Supply, Snake Creek Pumping Plant permanent intake project

A proposed modification of the existing Snake Creek Embankment and the Snake Creek Pumping Plant (SCPP), located within McClean County, South Dakota is currently available for public review and comment.

14 Feb 2025

NWO-2023-00364-PIE

Expiration date: 3/7/2025

The U.S. Army Corps of Engineers, Omaha District (Corps), is evaluating a permit application submitted by Crusher Investment Company to build a residential development in wetlands abutting an unnamed tributary to Skunk Creek. The project would place fill material into 1.52 acres of Waters of the United States. This notice is to inform interested parties of the proposed activity and to solicit comments. The applicant is proposing to permanently discharge approximately 5,400 cubic yards of fill material, composed primarily of clay, topsoil, and roadway surfacing obtained from an onsite aggregate mine, into 1.52-acres of wetland. Based on the available information, the overall project purpose is to provide residential housing. The applicant’s project purpose, as stated in the application, is to provide single family residential development within the northwest portion of Sioux Falls, SD.