15 Oct 2019

Special Public Notice for Federal Register Notice

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The NWPs became effective on March 19, 2017, and will expire on March 18, 2022.

30 Aug 2019

NWO-2010-0547_3-PIE

Expiration date: 9/30/2019

South Dakota Department of Transportation established sixteen geographic service areas (GSA) within the state of South Dakota. A GSA is the physical area where mitigation bank credits may be used to offset impacts to waters of the United States. The size and location of a GSA is established using the watershed approach [33 CFR 332.3(c)]. The watershed approach must consider many factors including the distribution of aquatic resources, prevalence of impaired waters, land use, development trends, the presence of endangered species and chronic watershed problems (e.g., flooding or stream bank erosion). In general, GSAs with intense development and many impaired waters will be smaller than GSAs in regions with low levels of development and few impaired water bodies. The Sponsor is proposing to reduce the number of GSAs in the Instrument from sixteen to eleven. The Sponsor proposes to consolidate GSAs that are located in central and western South Dakota. The Sponsor also proposes to combine the Red River GSA and Minnesota River GSA in northeastern South Dakota. If approved, this proposal would increase the size of GSAs located in rural portions of South Dakota. The Sponsor believes that the proposed modification will stimulate the development compensatory of mitigation banks in portions of South Dakota that have a low demand for compensatory mitigation.

18 Jul 2019

NWO-2018-1737-PIE

Expiration date: 8/18/2019

Ducks Unlimited, Inc. proposes to establish and operate a compensatory mitigation site in the upper James River geographic service area (GSA). If approved, the mitigation site would be developed under the Sponsor’s ILF program instrument titled “South Dakota Aquatic Resource In-Lieu Fee Program” and approved on November 10, 2016. The Sponsor believes that the site will produce wetland credits (i.e., functional capacity units) that can be used to fulfill advance credit sales made in the upper James River GSA under the ILF program. At the time of this public notice, the Sponsor has sold 4.7 advance credits in the upper James River GSA. The Sponsor is obligated to acquire approval and construct a mitigation site to fulfill the advance credit sales by October 1, 2020. If the mitigation site is successful and produces more wetland credits than the amount of advance credits that must be fulfilled, the Sponsor may request that the surplus credits be released for sale. If surplus credits are released for sale, they may be sold to private and public entities who are required to provide compensatory mitigation as conditioned by a Department of the Army Permit. The proposed bank is located in the Southeast ¼ of Section 5, Township 121 North, Range 61 Brown County, South Dakota.