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 in relation to Section 10 and Section 404.

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.

PUBLIC NOTICE MAILING LIST:  If you would like to be added to our Public Notice Mailing List, please submit your information to our email address at CESWT-RO@usace.army.mil or the mailing address below. 

U.S. Army Corps of Engineers
CESWT-RO
2488 E 81st Street
Tulsa, OK  74137-4290

 

NATIONWIDE PERMIT (NWP) PRE-CONSTRUCTION NOTIFICATION (PCN) THE RELEASE OF FORM ENG 6082

Regulatory Office
Published Oct. 23, 2019

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.

Certain NWPs require project proponents to notify Corps district engineers of their proposed activities prior to conducting the activities authorized by those NWPs, so that the district engineers can make case-specific determinations of NWP eligibility. The notification takes the form of a pre-construction notification (PCN). The purpose of a PCN is to give the district engineer an opportunity to review a proposed NWP activity to ensure that the proposed activity qualifies for NWP authorization.  In most cases, the district engineer has 45 days after receipt of a complete PCN to determine whether the proposed activity qualifies for NWP authorization or requires another form of Corps authorization.  More information on when an activity requires a PCN can be found in the Federal Register Notice:

https://www.govinfo.gov/content/pkg/FR-2017-01-06/pdf/2016-31355.pdf

Potential users of the NWPs should also check them Tulsa District’s website with the regional conditions for the NWPs, to determine if a PCN is required for a proposed activity.  Those regional conditions are available at: https://www.swt.usace.army.mil/Missions/Regulatory/Nationwide-Permit-Program/.

To assist applicants in providing complete information needed for NWP PCNs, this PCN application form was created and approved by the Office of Management and Budget (OMB) in February 2019.  The use of this form is strongly encouraged to assist Corps districts with a streamlined evaluation of an applicant’s proposal.  Submitting a completed PCN form is expected to reduce requests for additional information requests and should reduce the amount of time it takes the district engineer to conclude his or her review. 

Instructions on how to complete the PCN application form and the PCN form can be found at:

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6082_2019Jun.pdf?ver=2019-10-09-111141-217