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 9, 2015
Expiration date: 7/8/2015

The proposed project is in the South 1/2 of Section 34, Township 6 South, Range 9 East and the North 1/2 of Section 3, Township 7 South, Range 9 East, near Durant, Bryan County, Oklahoma. The project site can be found on the Roberta, Oklahoma 7.5 Minute USGS Quadrangle map at North Latitude 33.981292 and West Longitude 96.346810.

The basic purpose of this work is to construct a new channel around the proposed location for a steel mill.  The overall purpose of this work is to place fill material into and reroute an unnamed tributary to Kanola Creek to accommodate a steel mill within a 390-acre project boundary. 

The applicant proposes to place approximately 1,284 cubic yards of native fill material into an unnamed tributary to Kanola Creek below the OHWM, equating to approximately 3,435 linear feet of stream impacts. The fill material would be acquired from on-site and the stream being filled would be rerouted around the proposed steel mill and tie back into the original channel downstream in the southeast corner of the site.

Avoidance and Minimization Information: The applicant provided the following statement with regard to how avoidance and minimization of impacts to aquatic resources was incorporated into the project plan:

“The proposed applicant evaluated several alternative locations for the proposed steel mill in Oklahoma and Texas. Durant, Oklahoma is the preferred alternative since it contains the infrastructure, buffers, and offered incentives. As the preferred alternative, the applicant analyzed 20 various site plan reiterations to avoid and minimize impacts to the ephemeral stream. Impacts have been reduced to 3,435 linear feet.”

Mitigation: Furthermore, the applicant proposes the following as compensatory mitigation for the unavoidable impacts to aquatic resources expected from the proposed project:

“For mitigation, the applicant is proposing to create 4,835 linear feet of stream bed with a total 100 foot wide riparian zone planted with native trees equating to approximately 11.1 acres of created riparian zone planted with 3,330 native trees. The plan is a 1.4 to 1 ratio for stream impacts.”