Regulatory Branch

Archive: February, 2015
  • P-2918

    Expiration date: 3/28/2015

    This Notice Announces a Prospectus for the Heartlands Conservancy’s (program sponsor) Southwestern Illinois Stream and Wetland In-Lieu-Fee Mitigation Program. Pursuant to the Final Rule for the Compensatory Mitigation for Losses of Aquatic Resources, referred to as the Mitigation Rule (33 CFR Parts 325 and 332, and 40 CFR Part 230), dated April 10, 2008; this notice announces a prospectus for the establishment of a in-lieu fee (ILF) mitigation program. The Southwestern Illinois Stream and Wetland In-Lieu-Fee Mitigation Program (ILF Program) would operate within the Cahokia-Joachim (07140101) and Lower Kaskaskia (07140204) watersheds, in the State of Illinois. The two watersheds/service areas encompass all of St. Clair and Monroe Counties and portions of Madison, Macoupin, Montgomery, Bond, Clinton, Washington, Randolph and Perry Counties. The program sponsor may request future modifications to the ILF program that would expand the program into adjacent watersheds. Heartlands Conservancy is a tax-exempt 501(c)(3) corporation in Mascoutah, Illinois. Incorporated in 1989, the organization operated under the name Southwestern Illinois Resource Conservation & Development until 2012. The mission of the organization is to provide leadership and solutions to sustain and enrich the environmental resources of southwestern Illinois. Heartland Conservancy focuses its efforts on three program areas: land conservation, building greener communities and engaging individuals with nature. The Public Notice comment period is open for 30-days starting on February 27, 2015 and closes March 28, 2015.

  • P-2915

    Expiration date: 3/12/2015

    The applicant, Rolwes Development LLC, is seeking authorization to conduct grading and filling operations within waters of the United States for a project known as Arlington Heights. The project consists of the construction of a 173-lot single family home subdivision. Construction of the development will impact three streams. The project is located in the City of Imperial, north of the intersection of East Rock Creek Road and Edmar Drive. The project is located in Section 35, Township 43 North, Range 5 East, Jefferson County. The Public Notice opens February 20, 2015 and closes March 12, 2015.

  • P-2916 P-2917

    Expiration date: 3/15/2015

    The Jefferson County Port Authority requests authorization to install two, 20 barge anchor fleets along the right descending bank of the Mississippi River, at approximate river miles 149.3 and 148.85, near Crystal City, in Jefferson County, Missouri. The Public Notice comment period opens on February 19, 2015 and closes March 13, 2015.

  • 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.