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SWL 2020-00137 (GP-45)

Published Sept. 29, 2020

STATE OF MISSOURI
ISSUANCE OF REGIONAL GENERAL PERMIT 45 (GP-45)
MAINTENANCE OF MAN-MADE LAKES AND PONDS

The U.S. Army Corps of Engineers, Little Rock District, HAS ISSUED GP-45, authorizing the discharge of dredged or fill material associated with activities designed to improve water quality, improve fish and wildlife habitat, maintain recreational value, and extend the lifespan of man-made lakes and ponds.  This permit authorizes the removal and discharge of lakebed/pond sediment in conjunction with mechanical dredging, hydraulic dredging (including return water from such activities) and excavation activities.  The use of standard construction equipment to remove accumulated sediment is authorized by this permit.  The dredged/excavated material may be used in the construction of jetties/breakwaters, shoreline stabilization structures, fish and wildlife habitat improvement structures and other similar activities.  This regional general permit is issued under the authority of Section 404 of the Clean Water Act (33 USC 1344).  It does not obviate the need for project proponents to obtain other Federal, state, or local authorizations.

DURATION OF THE GENERAL PERMIT:  The GP-45 has been issued and is in effect for a period of five years from the issue date listed above (September 29, 2020), unless it is specifically modified, suspended, or revoked prior to the expiration date.  Upon its expiration, GP-45 will be considered for renewal.  The GP-45 may be modified, suspended or revoked, in whole or in part, at any time if it is determined that the cumulative effects of the activities authorized by GP-45 have a significant environmental impact or is otherwise determined contrary to the public interest.

APPLICANT:  General public, government agencies

PROJECT LOCATION:  All Counties in Missouri – Man-made lakes and ponds in the State of Missouri, lakeward of the ordinary high water mark (OHWM).  The Lake of the Ozarks, and locations in or occurring within two miles upstream of a designated outstanding state or national resource water pursuant to Missouri 10 CSR 20-7.031, are excluded from GP-45.  Discharges in other Waters of the United States are not authorized by GP-45.

AUTHORITY:  Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 USC 1344).

ACTIVITY:  GP-45 authorizes the discharge of dredged or fill material associated with activities designed to improve water quality, improve fish and wildlife habitat, maintain recreational value, and extend the lifespan of man-made lakes and ponds.  This permit authorizes the removal and discharge of lakebed/pond sediment in conjunction with mechanical dredging, hydraulic dredging (including return water from such activities) and excavation activities.  The use of standard construction equipment to remove accumulated sediment is authorized by this permit.  The dredged/excavated material may be used in the construction of jetties/breakwaters, shoreline stabilization structures, fish and wildlife habitat improvement structures and other similar activities.  Fill material from off-site locations shall only be used as long as the fill material is determined to be suitable material by the Corps.  The original depths, elevations, contours and size of the water body shall not be exceeded as a result of the sediment removal process.  Dredged or excavated material must be disposed of in an upland area, a previously authorized disposal area or as described in the “Authorized Uses of Dredged/Excavated Material” section of this permit.  All material must be stabilized where it cannot be introduced into the water body or any adjacent wetland as a result of runoff, flooding, wind, or other natural forces.  GP-45 will also authorize the construction of jetties, breakwaters, hard points, bank stabilization, temporary sediment basins or similar features designed to attenuate wave action not associated with sediment removal.  This permit will only be used to authorize regulated activities in existing man-made lakes and ponds located in jurisdictional Waters of the United States.  This permit does not apply to lacustrine systems that have wholly converted to a palustrine system due to lack of maintenance and/or abandonment.  This permit shall be used to authorize a project that results in an overall net benefit and does not result in a more than minimal impact to the aquatic environment.

NOTIFICATION PROCEDURES:  All activities authorized by this General Permit require written pre-construction notification (PCN) to the Corps of Engineers.  The written notification shall include a completed application form ENG 4345, or equivalent information, location map and detailed drawings.  Copies of ENG Form 4345, instructions or assistance may be obtained by downloading at: http://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Obtain-a-Permit/ or may be obtained by writing or calling the Little Rock District Corps of Engineers, Regulatory Division, P.O. Box 867, Little Rock, Arkansas  72203-0867, telephone:  501-324-5295, or email: CESWL-Regulatory@usace.army.mil.

SECTION 401 WATER QUALITY CERTIFICATION:  The Missouri Department of Natural Resources (MDNR), Water Protection Program, has issued programmatic Section 401 Water Quality Certifications for GP-45.  The conditions of this certification are conditions of GP-45.

ADDITIONAL INFORMATION:  Additional information about GP-45 may be obtained by contacting Rocky Presley, Branson Regulatory Field Office, 4600 Highway 165, Branson, Missouri  65616, at (501) 340-1390 or via email at rocky.l.presley@usace.army.mil.  All comments to this public notice should be directed to the above address.