Regulatory and Section 408 Programs

10 Feb 2025

Version 8 of Regional General Permit 198226002 (RGP 8202-08)

Expiration date: 12/31/2029

The District Commander, U.S. Army Corps of Engineers, Omaha District, 1616 Capitol Avenue, Suite 9000, Omaha, Nebraska 68102-9000 has issued Version 8 of Regional General Permit 198226002 (RGP 8202-08). The permit authorizes construction of fish habitat restoration and enhancement features in creeks, streams and rivers in the State of Wyoming pursuant to Section 404 of the Clean Water Act of 1972 (U.S.C. 1344). RGP 8202-08 was issued in accordance with the "Regulatory Programs of the Corps; Final Rule," as published in the Federal Register, Volume 51, Number 219, dated November 13, 1986. A consolidated version of the regulations updated through April 2008 is available from the Corps Headquarters web site at: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/FederalRegulation.aspx Section 322.2(f) of the regulations defines "general permit" as a Department of the Army authorization that is issued on a nationwide or regional basis for a category or categories of activities when those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts. Section 325.2(e)(2) of the regulations defines regional permits as a type of general permit issued by a division or district engineer after compliance with the other procedures of the regulations. The Wyoming Department of Environmental Quality (WDEQ), Water Quality Division at 200 West 17th Street, Cheyenne, Wyoming 82002, certified RGP 8202-08 on January 15, 2025, in accordance with provisions of Section 401 of the Clean Water Act of 1972, as amended. The WDEQ certified authorized activities located in Wyoming Class 2, 3 and 4 waters and denied certification of proposed activities in Class 1 waters pending project specific reviews. Certification was also denied where authorized activities would occur on waterbody segments placed on Wyoming’s 303(d) list of impaired waters or that have approved total maximum daily loads (TMDLs) pending project specific reviews.

7 Feb 2025

NWO-2023-01707-MT

Expiration date: 3/9/2025

The U.S. Army Corps of Engineers, Omaha District, (Corps) is evaluating a permit application, which would result in permanent and temporary impacts to approximately 1.01 acre(s) of emergent wetlands and approximately 390 linear feet (LF) of stream and ditch waters of the United States. This notice is to inform interested parties of the proposed activity and to solicit comments.

30 Jan 2025

NWO-2021-01797-BIS

Expiration date: 2/20/2025

The District Engineer, Omaha, is evaluating an application from the National Park Service, Knife River Indian Villages National Historic Site, to stabilize 1,100 feet of eroding bank of the Knife River known as Elbee Bend to protect significant cultural resources. The structure would be built approximately 80 feet riverward of the bank and backfilled to protect the existing bank in place. To offset encroachment into the channel, excavation from the opposite bank is proposed to restore the channel cross section. A temporary culverted road would be constructed across the channel for construction access. The project is located approximately 2 miles north of Stanton in Section 28, Township 145 North, Range 84 West, Latitude 47.3457° North, Longitude -101.3853° West, Mercer County, North Dakota.

28 Jan 2025

NWO-2024-01960-WEH

Expiration date: 2/26/2025

The District Engineer, U.S. Army Engineer District, Omaha, Nebraska is evaluating a mitigation banking site plan (Elkhorn River Mitigation Bank) under Westervelt Ecological Services, LLC. Mitigation banks are used to satisfy compensatory mitigation requirements for permits issued under the authority of Section 404 of the Clean Water Act, which regulates the discharge of dredged or fill material in the nation’s waters. The purpose of this notice is to inform interested parties of the proposed mitigation bank and to solicit comments. Participation is encouraged, so that the U.S. Corps of Engineers is better able to complete a more thorough public interest review. Comments assist the District Engineer to make a reasonable decision based on public interest factors. The proposed Elkhorn River Mitigation Bank site is located at 41.643964, -96.629270, in Section 4, Township 19 North, Range 7 East in Dodge County, Nebraska. Currently, the proposed Elkhorn River Mitigation Bank site is approximately 240 acres. The elevation of the site is approximately 1,250 feet above mean sea level. This project aims to restore (re-establish and rehabilitate) and enhance wetlands and restore stream reaches for use as a compensatory mitigation bank for unavoidable impacts to waters of the United States. The Bank would provide stream and wetland compensatory mitigation credits 2 for impacts to regulated wetlands and streams under Section 404 of the Clean Water Act. For over a century, most of the project area has been used for mixed agricultural (non-irrigated cropland) and recreational purposes. Anthropogenic manipulation of the site has resulted in the surficial detachment of the floodplain from the historical meandering floodplain and river system. The proposed Bank would restore 98.5 acres of historical PFO wetlands, enhance/rehabilitate 102.3 acres of PFO and PSS wetlands, and restore approximately 2,770 linear feet of stream in Pebble Creek. Historical PFO, PSS, and PEM wetlands would be re-established, rehabilitated, and enhanced through earthworks, grading, drill- or broadcast-seeding, and noxious species eradication and management. Stream restoration would be done be addressing floodplain dysconnectivity and by re-establishing native vegetation along the banks of the stream.

24 Jan 2025

NWO-2025-00026-MT

Expiration date: 2/23/2025

The U.S. Army Corps of Engineers, Omaha District, (Corps) is evaluating a permit application, which would result in permanent impacts to approximately 5.14 acres of wetlands (comprised of approximately 4.34 acres of impacts to emergent wetlands, 0.61 acre of impacts to scrub-shrub wetlands, and 0.19 acre of impacts to forested wetlands), 280 linear feet (LF) of the Cascade Canal, 169 LF of the S-T Canal, 0.014 acre below the ordinary highwater mark of the Teton River, 102 LF of a roadside ditch/Teton River Oxbow, 0.071 acre of an open water pond, and 1,465 LF of several unnamed drainages. This notice is to inform interested parties of the proposed activity and to solicit comments.