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 Oct. 19, 2015
Expiration date: 10/19/2015

The applicant proposes to place approximately 73,500 cubic yards of clean native fill material into an unnamed tributary to the North Canadian River below the OHWM, equating to approximately 1,890 linear feet comprising 0.11 acre of stream impacts. The fill material would be acquired from on-site and the stream being filled would ultimately be eliminated over a period of 10 or more years as the combined facilities continue operation.

Fill material from on-site borrow areas will be utilized for backfill purposes to the greatest extent possible. Material found on-site is typically an unconsolidated fine to coarse sand. Depending on the required excavation depth when using on-site borrow areas, there is the potential that sandstone, siltstone, and mudstone/shale may be encountered. This material is deeper and less desirable than the preferred sand layer. Based on required engineering design elements of landfill construction, highly impervious off-site material will likely be required for perimeter berm construction. This material will by necessity be categorized geotechnically as relatively homogeneous clay, silty clay, sandy clay, or clayey sand. Material used in berm construction will be highly compacted during construction and will meet ODEQ compaction requirements.