The proposed Keystone XL Pipeline Project (Project) within the United States would be located in Montana, South Dakota, and Nebraska, connecting to the existing Keystone Cushing Extension pipeline, which extends from Steele City, Nebraska, to Cushing, Oklahoma. In total, the Project would consist of approximately 1,209 miles of new, 36-inch- diameter pipeline, with approximately 327 miles of pipeline in Canada and approximately 882 miles in the United States (U.S.). The Project would cross the international border between Saskatchewan, Canada, and the U.S. near Morgan, Montana, and would include pipeline generally within a 110-foot-wide temporary construction right-of-way (ROW) and a 50-foot-wide permanent ROW in Montana, South Dakota, and Nebraska. The approximate start of the Project in Montana is located at the following coordinates: 48.99, -107.54. The approximate end of the Project in Nebraska is located at the following coordinates: 40.04, -96.99.

Public Notice available at NWO-2020-01055-PIE

The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR):  Definition of “Waters of the United States” became effective on June 22, 2020 in 49 states and all US territories. A preliminary injunction has been granted for the state of Colorado.  Federal jurisdiction in Colorado will be determined using the 2019 Rule (the recodification of the 1986 Regulations) and associated 2003/2008 (SWANCC/Rapanos) guidance documents.  The NWPR establishes the scope of federal regulatory authority under the Clean Water Act.  The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. 

The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states.  Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr.

The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.

The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at http://wetland-plants.usace.army.mil/.  State, regional, and national lists can also be downloaded from this site.

The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.

The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at http://wetland-plants.usace.army.mil/.  State, regional, and national lists can also be downloaded from this site.

Beginning March 18, 2020, the USACE Omaha District’s Regulatory Branch began utilization of telework for all staff.  Telework will continue for an undetermined amount of time.  During this period Regulatory personnel will be working from home utilizing alternative technology to access work files and communicate via email.  Personnel have received guidance to evaluate risk involved with conducting local travel to perform site visits, and when asked to participate in interagency and applicant/consultant meetings.  They have also received direction to remain aware of and adhere to local/municipality and state proclamations regarding participation in gatherings and meetings and exercise flexibility in methods of participation for meetings that USACE normally hosts.

To ensure the continued delivery of the nation’s Regulatory Program, additional flexibility to standard requirements will be implemented.  Electronic submittals and signatures will be utilized when possible.  Also, virtual meeting capabilities, such as webinars or use of Skype, will be used in certain instances.   Applicants, resource agencies and the general public should continue to submit information via previously utilized methods such as mail, email and telephonic contact.  Please be aware that there will be limited to no personnel in any of the offices and the best form of contact at this time is via email.  We realize that this will impact all work products that are currently being evaluated by the Omaha District, but please understand that we are working to identify all strategies to make this impact minimal while doing our part to keep the public and our workforce safe.  This announcement will be periodically updated as procedures and strategies are identified and implemented as we work through these challenging times, so please check back regularly.

Please go to your respective state’s website for instructions on submitting documents electronically:

Colorado - Email: DenverRegulatoryMailbox@usace.army.mil

Montana - Email: Montana.Reg@usace.army.mil

Nebraska - Email: NE404Reg@usace.army.mil

North Dakota - Email: CENWO-OD-RND@usace.army.mil

South Dakota - Email: SDRegulatoryMailbox@usace.army.mil

Wyoming - Email: Wyoming.Reg@usace.army.mil

Project Description: The flooding event of 2019 was caused by rapid snowmelt due to warmer temperatures with increased amounts of rainfall all on top of frozen saturated lands. This in turn produced high runoff and increased flows and stages south of Omaha on the Missouri River in the proximity of and downstream of the confluence of the Platte River. The Main Ditch 6 Levee was not designed to protect the City of Hamburg from direct Missouri River flooding and the Ditch 6 Levee was overtopped, flooding a portion of Hamburg. After the initial flooding subsided, additional heavy rains brought a second wave of water through the breeches in the L-575 system the Ditch 6 Levee was overtopped again. The Levee Sponsor degraded the land side of the levee in order to add elevation to the top of the levee. This was done after consultation with the USACE and the USACE acknowledged the validity of the need to degrade the land side of the levee in order to add elevation to the top of the levee. Soil from the landside slope, toe, and right-of-way was pushed to the top of the levee to increase the levee height. The landside portion of the levee has been altered and is noted as a loss of critical levee section.