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US Army Corps of Engineers

Tulsa District Website

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Public Notices by Year

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

918-669-7400

Special Public Notice for Oklahoma

CESWT-RO

Published March 8, 2022

Expiration date: 4/30/2022

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Oklahoma Regional Conditions: There are no regional conditions for the use of these 2021 NWPs in the State of Oklahoma.

Oklahoma CWA Section 401 Water Quality Certifications: Oklahoma Department of Environmental Quality (ODEQ), by letter (Encl 1) dated December 18, 2020, conditionally certified these 41 NWPs, with the exception of NWPs 34, 49, and 54 which were denied statewide and NWPs 3, 13, 18, 41, 45, 46, 53, and 59 (fka E) which were denied for all activities located within any Outstanding Resource Waters (ORW), High Quality Waters (HQW), Sensitive Public and Private Water Supplies (SWS), and Appendix B Waters as identified in WQS, OAC 785:45-5-25. Conditions for each of the conditionally certified NWPs were defined in ODEQ’s water quality certification letter. Anyone wanting to perform activities under NWPs 34, 49, and 54 which were denied statewide and NWPs 3, 13, 18, 41, 45, 46, 53, and 59 (fka E) which were denied for all activities located within any ORW, HQW, SWS, and Appendix B Waters as identified in WQS, OAC 785:45-5-25 must first obtain an activity-specific 401 WQC or waiver. ODEQ has a separate permitting and review process from the Tulsa District; however, the agencies coordinate during the review process.

With the exception of NWPs 1, 2, 8, 9, 10, 11, 24, 28, 35 for which no water quality certification was requested, the Environmental Protection Agency (EPA) Region 6, by letter (Encl 2) dated December 15, 2020, on behalf of Absentee-Shawnee Tribe of Indians of Oklahoma, Alabama-Quassarte Tribal Town, Apache Tribe of Oklahoma, Caddo Nation of Oklahoma, Cherokee Nation, Cheyenne and Arapaho Tribes, The Chickasaw Nation, The Choctaw Nation of Oklahoma, Citizen Potawatomi Nation, Comanche Nation, Delaware Nation, Delaware Tribe of Indians, Eastern Shawnee Tribe of Oklahoma, Fort Sill Apache Tribe of Oklahoma, Iowa Tribe of Oklahoma, Kaw Nation, Kialegee Tribal Town, Kickapoo Tribe of Oklahoma, Kiowa Indian Tribe of Oklahoma, Miami Tribe of Oklahoma, The Modoc Tribe of Oklahoma, The Muscogee (Creek) Nation, The Osage Nation, Otoe-Missouria Tribe of Indians, Ottawa Tribe of Oklahoma, Peoria Tribe of Indians of Oklahoma, Ponca Tribe of Indians of Oklahoma, The Quapaw Tribe of Indians, Sac & Fox Nation, The Seminole Nation of Oklahoma, Seneca-Cayuga Nation, Shawnee Tribe, Thlopthlocco Tribal Town, Tonkawa Tribe of Indians of Oklahoma, United Keetoowah Band of Cherokee Indians of Oklahoma, Wichita and Affiliated Tribes, and Wyandotte Nation granted CWA Section 401 certification, with no conditions, for these 41 NWPs. EPA Region 6 has determined that any discharge that could be authorized under these NWPs would comply with water quality requirements, as defined at 40 CFR 121.1(n).
Tulsa District requested that the Pawnee Nation of Oklahoma review and take action on the 401 water quality certification request for NWPs 3, 4, 5, 6, 7, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 27, 30, 31, 32, 33, 34, 36, 37, 38, 41, 45, 46, 49, 53, 54 and 59 (fka E) within a reasonable period of time. The Pawnee Nation of Oklahoma did not take action on this request; and, the Tulsa District waived the Pawnee Nation water quality certification for these NWPs.