Tulsa District Regulatory Permits for Public Comment

PURPOSE:  The purpose of these public notices are to inform you of a proposal for work in which you might be interested and to solicit your comments and information to better enable us to make a reasonable decision on factors affecting the public interest.

SECTION 10: The U.S. Army Corps of Engineers is directed by Congress through Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) to regulate all work or structures in or affecting the course, condition, or capacity of navigable waters of the United States.  The intent of this law is to protect the navigable capacity of waters important to interstate commerce.

SECTION 404: The U.S. Army Corps of Engineers is directed by Congress through Section 404 of the Clean Water Act (33 USC 1344) to regulate the discharges of dredged and fill material into all waters of the United States.  These waters include lakes, rivers, streams, mudflats, sandflats, sloughs, wet meadows, natural ponds, and wetlands adjacent to other waters.  The intent of the law is to protect these waters from the indiscriminate discharge of material capable of causing pollution and to restore and maintain their chemical, physical, and biological integrity.

U.S. Army Corps of Engineers, Tulsa District

Regulatory Office, Chief



Special Public Notice

Published Feb. 14, 2019
Expiration date: 4/15/2019

The proposed rule is intended to satisfy the requirements of Executive Order (EO) 13778 that directed the EPA and the Army to review and rescind or replace the 2015 Clean Water Rule (80 FR 37053) and consider interpreting the scope of “waters of the United States” consistent with the Justice Scalia opinion (plurality standard) from Rapanos v. United States (2006). The EO instructed that any new proposed rule shall ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution. The proposed revised definition outlines six categories of waters that would be considered “waters of the United States” in section (a), including: traditional navigable waters, including the territorial seas; tributaries that contribute perennial or intermittent flow to such waters; certain ditches; certain lakes and ponds; impoundments of otherwise jurisdictional waters; and wetlands adjacent to other jurisdictional waters. The proposed revised definition also outlines what would not be considered “waters of the United States” in section (b), including: waters not identified in section (a); groundwater; ephemeral features; ditches not included in section (a); prior converted cropland, as defined; certain artificially irrigated areas; certain artificial lakes and ponds; certain water-filled depressions; certain stormwater control features; certain wastewater recycling structures; and waste treatment systems, as defined. Additionally, the proposed rule provides definitions for key terms used in the regulation in section (c). Some of these are unchanged from the current regulations, including the definitions for “wetlands”, “ordinary high water mark”, and “high tide line”. Some of these have been redefined, including definitions for “tributary” and “ditch”. The rule also defines several key terms, that while used colloquially, are added to the regulation for the first time, including definitions for “ephemeral”, “intermittent”, “perennial”, “prior converted cropland”, “snowpack”, “typical year”, “upland”, and “waste treatment system”.