Regulatory Branch

  • Withdrawal for Interpretive Rule

    The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) are announcing the withdrawal of an interpretive rule addressing the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA). The agencies want to make clear that the statutory exemption of 404(f)(1)(A) still remains available for use when applicable for discharges of dredged and/or fill material associated with normal farming, silviculture, and ranching activities that are part of an established operation and that do not have as their purpose bringing an area of waters of the U.S. into a use to which it was not previously subject, where the flow or circulation of the waters of the U.S. may be impaired or the reach of such waters be reduced (see 33 CFR 323.4 for more information). On March 25, 2014, the Agencies signed an interpretive rule, “Interpretive Rule Regarding Applicability of the Exemption from Permitting under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices,” that addressed applicability of the permitting exemption provided under section 404(f)(1)(A) of the CWA to discharges of dredged or fill material associated with certain agricultural conservation practices. Congress subsequently directed the agencies to withdraw this interpretive rule. See, Consolidated and Further Continuing Appropriation Act, 2015, Division D, section 112, Pub. L. No. 113-235. On January 29, 2015, the agencies signed a memorandum withdrawing the interpretive rule and this action is effective immediately. The Memorandum of Understanding signed on March 25, 2014, by EPA, Army, and the U.S. Department of Agriculture, concerning the interpretive rule is also withdrawn.

  • P-2912

    Expiration date: 1/29/2015

    The Corps previously issued this Public Notice on 12/10/14. No changes have occurred to the project plans or water impacts. The Public Notice is being reissued in order to let adjacent landowners have the opportunity to provide comments.

  • P-2913

    Expiration date: 1/9/2015

    The applicant, Lombardo Homes of St. Louis, LLC, seeks authorization to develop a tract of land into a residential subdivision. In order to facilitate the development of the area into residential housing, grading and filling operations must take place to construct roads, lots and other associated infrastructure. Due to the shape of the site, topography, and zoning for single-family lots, the applicant proposes to impact approximately 2,233 lineal feet of two ephemeral tributaries and avoid the perennial stream. The applicant proposes to purchase credits from an approved mitigation bank or the Missouri Stream Stewardship Trust Fund for stream impacts determined to be unavoidable. The unnamed tributaries flow to Dardenne Creek, a primary tributary to the Mississippi River. The public notice comment period opens December 19, 2014 and closes January 9, 2015.

  • P-2905

    Expiration date: 1/8/2015

    Williamson Energy, LLC seeks authorization to construct a new refuse disposal facility to provide service to the Pond Creek Mine No. 1 (Mine 1.0. No. 11-03141, IDNR Permit No. 375) preparation plant facilities located west of the proposed refuse facility. The new refuse cell will be identified as East of Dwina Refuse Disposal Facility No. 3 (Impoundment I.D. No. IL08-03141-02). The project area is located 5 miles northwest of Johnston City, Illinois. More specifically, in Section 12, Township 08 South, Range 03 East of the 3rd Principle Meridian, Williamson County, Illinois. Latitude: 37.842231°, Longitude: -88.812933°.

  • P-2914

    Expiration date: 1/5/2015

    Transload Realty, LLC, requests authorization to install a barge loading and unloading dock along the left descending bank of the Mississippi River, at approximate river miles 183.1, in Venice, Madison County, Illinois. The Public Notice comment period opens on December 16, 2014 and closes January 5, 2015.