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




Published June 18, 2020
Expiration date: 7/18/2020

Location: There are 130 single and complete projects for crossings of waters of the United States (WOUS) that would traverses portions of Creek, Payne, and Tulsa Counties.

Project Description: The application is for the placement of dredge or fill material for 130 single and complete projects for crossings of WOUS associated with the construction of approximately 47 miles of 16-inch steel crude oil pipeline. Please note, the scope of each single and complete project impacting WOUS would have been evaluated for verification under Nationwide (NWP) 12 for Utility Line Activities, however, the Corps is enjoined from authorizing any dredge or fill activities associated with construction of new oil & gas pipelines under NWP 12 due to a recent court case (Northern Plains Resource Council v. U.S. Army Corps of Engineers, 2020).

Description of Work: The applicant proposes to place dredge or fill material temporarily into 24 emergent wetlands (each individual crossing is less than 0.10 ac). Additionally, 30 intermittent streams (each crossing location less than 0.10 ac) and 76 ephemeral streams (each individual crossing is between a minimum 11 lf and 476 lf) would be crossed by this proposed utility line. At the wetland crossings, where the pipe would be installed by conventional open cut trench, segregated topsoil and trench spoil (soil other than topsoil from trench excavations that may be temporarily sidecast for no longer than three months) would be temporarily sidecast and stored in the wetland. Once the pipe is lowered into the trench, the trench spoil and topsoil would be replaced in the strata from which it was removed. At all intermittent stream crossings and most ephemeral stream crossings, additional temporary workspace has been added on setbacks of approximately 50 feet from the top of bank for spoil storage. For intermittent stream crossings, no spoil would be temporarily side cast within the limits of the ordinary high water mark. Once the pipe is installed in the trench, the spoil and topsoil would be replaced and the crossing would be restored to pre-construction contours.