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



Archive: May, 2017
  • SWT-2017-47

    Expiration date: 6/10/2017

    Project Description: The application is to accommodate expansion of the existing Plains Marketing Cushing facility. The new expansion project is designed to accommodate six individual 270,000 barrel (11.34 million gallons) crude oil storage tanks. Construction of one of the planned six tanks, including required appurtenances, will result in permanent impacts to aquatic features that are jurisdictional waters of the United States. An upland impoundment within the site to capture and temporarily retain stormwater runoff prior to discharging into an unnamed tributary to Mustang Creek is part of the parcel design. If granted, this will be an after-the-fact permit. Plains self-reported that their construction department did not obtain corporate-internal environmental clearance prior to initiating construction. Permanent impacts to preexisting jurisdictional aquatic features have been estimated, based on historic aerial photography, after-the-fact technical review, and delineation of the surrounding area and the disturbed site in its current condition. Construction work believed by Plains to permanently impact jurisdictional aquatic features was voluntarily halted by Plains upon self-reporting. Construction work in upland areas for the additional five tanks has continued.