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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 Texas

CESWT-RO
Published March 8, 2022
Expiration date: 4/30/2022
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Regional Conditions in the Tulsa District’s portion of the State of Texas:  There are no regional conditions for the use of these 2021 NWPs in the Tulsa District’s portion of the State of Texas. To identify district boundaries within Texas, please refer to the enclosed map (Encl 1) and/or the following interactive map: http://regulatory-ops.s3-website-us-east-1.amazonaws.com/. Please note that regional conditions vary by district;
thus it is important that you work with the appropriate district office based on your project location.

Texas CWA Section 401 Water Quality Certifications:  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 dated December 14, 2020, on behalf of Ysleta del Sur Pueblo, Alabama-Coushatta Tribe of Texas, and Kickapoo Traditional Tribe of Texas, granted CWA Section 401 certification, with no conditions, for these 41 NWPs (Encl 2). 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).  The Texas Commission on Environmental Quality (TCEQ), by letter dated December 18, 2020, conditionally certified these NWPs, with the exception of NWPs 1, 2, 4, 5, 8, 9, 10, 11, 20, 23, 24, 28, 34, and 35 which were certified with no conditions (Encl 3). TCEQ has determined that any discharge that could be authorized under these NWPs would comply with water quality requirements, as required by CWA Section 401 certification and pursuant to Title 30 Texas Administrative Code (TAC) Chapter 279. Conditions for each NWP were defined in the TCEQ’s water quality certification letter.  The Texas Railroad Commission (TxRRC), by letter dated December 18, 2020, certified NWPs 2, 8, 20, 59 (fka E), and conditionally certified 3, 6, 7, 14, 16, 18, 19, 25, 38, and 46 and determined that they should not result in a violation of Texas Surface Water Quality Standards as required by CWA Section 401 and pursuant to 16 TAC §3.93
(Encl 4). Conditions for each NWP were defined in TxRRC’s water quality certification letter. Under Texas Natural Resource Code, Title 3, and the Texas Water Code, Chapter 26, the TxRRC has the responsibility for the prevention of pollution that might result from activities associated with the exploration, development, and production of oil, gas, or geothermal resources of the State.


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