JOINT PUBLIC NOTICE: This public notice is issued jointly with the Missouri Department of Natural Resources, Water Pollution Control Program (MDNR) and the Kansas Department of Health and Environment (KDHE). MDNR and KDHE will use the comments to this notice in deciding whether to grant Section 401 water quality certification. Respondents are requested to furnish a copy of their comments to MDNR, P.O. Box 176, Jefferson City, Missouri 65102, and to the KDHE, Bureau of Water, Watershed Management Section, 1000 S.W. Jackson St., Suite 420, Topeka, KS 66612-1367.
PROPOSED REISSUANCE OF REGIONAL GENERAL PERMIT NO. 41FOR THE PERMANENT PROTECTION AND/OR REPAIR OFFLOOD DAMAGED STRUCTURES, DAMAGED LAND AREAS AND/ORDAMAGED FILLS IN THE STATES OF KANSAS (Including Indian Country) AND MISSOURI
In accordance with Title 33 CFR 325.2 and 325.7(e), as published in the November 13, 1986, Federal Register, the U.S. Army Corps of Engineers, Kansas City, St. Louis, Rock Island, Little Rock and Memphis Districts propose to issue the enclosed regional general permit (GP). This GP was issued on March 21, 2008 and expires on March 21, 2013. This GP, if renewed, will continue to authorize certain discharges of dredged or fill material in conjunction with the permanent protection and/or repair of flood damaged structures, damaged land areas, and/or damaged fills in waters of the United States within the States of Kansas (including Indian Country) and Missouri. This GP is proposed to be reissued under the authority of Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344).
Current Use of GP41: This GP has been predominately utilized (205 activities) by state and Federal agencies to repair damages to Federal, state, and private properties that include repair of levees to pre-damaged elevation and cross-section dimension , including breach closure and borrow operations to obtain fill, the placement of rock for stream/ditch bank protection and bank restoration, and the restoration of stream channels/ditches to pre-flood capacity and alignment (removal of sediment and woody debris). In addition, repairs and replacement of bridges and public utilities infrastructure have been authorized by this GP. As demonstrated, this GP provides protection to aquatic resources and wildlife habitats. It protects endangered species and historic properties through compliance with the general and special conditions included in this GP while expediting the process of federal permit authorization for the needed repairs following disaster declarations (floods, winter and summer storm events, etc.). As a result, no modification to the activities authorized by this GP, or the conditions that must be followed to comply with this GP, is proposed for the renewal period (five years from date of issuance).
Criteria for Authorization: Applications for verification of this GP would be reviewed on a case-by-case basis to ensure that each activity authorized by the GP satisfies criteria in Appendix I of the GP (enclosed). Applications must be received within 15 months of the end of the flood emergency (determined by when the nearest river gauge drops below flood stage for two months) and the applicant must receive verification from the Corps, that the proposed work is authorized by this GP, prior to starting work within the Corps’ regulatory jurisdiction.
Duration of the General Permit: The GP would expire five years from the date of issuance unless it is specifically modified, suspended, or revoked prior to that date. Upon its expiration, the GP will again be considered for renewal. The GP 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 would have a significant environmental impact or are otherwise not in the public interest.
If issued, this GP would not obviate the need to obtain other Federal, state, or local authorizations required by law.
Procedure for Applying: Individuals desiring to perform activities in accordance with the criteria of this GP must notify the appropriate Corps of Engineers District. The notification must include drawings and sufficient information to determine if the proposed work conforms to the criteria and conditions of the GP. An ENG Form 4345 and instructions are available at (http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/engform_4345_2012oct.pdf) and may be used for the purpose of notification. Copies of ENG Form 4345, instructions or assistance may also be obtained by writing or calling the appropriate Corps district.
If the Corps district determines that the work meets the provisions of the GP, and no extraordinary conditions exist that would warrant submitting an application for an individual permit, the proponent would be notified to proceed. If the Corps determines that the subject work does not meet the provisions of the GP, or that extraordinary conditions exist, the applicant will be notified that an individual permit will be necessary.
Flood repair activities, supervised by the Corps of Engineers, pursuant to Public Law 84-99 and/or supervised by the United States Department of Agriculture, pursuant to the emergency Watershed Protection Program or the Emergency Conservation Program do not require notification to the Corps of Engineers, Regulatory Branch. It is the responsibility of these federal agencies to comply with all environmental laws and Presidential Executive Orders.
Compliance with Other Laws: No potential adverse environmental effects related to the operation of the GP have been identified or are anticipated from the issuance of this GP. All applicable statutes, regulations, and administrative policies and agreements, including the National Environmental Policy Act of 1969, which are currently applicable to this GP will be considered and satisfied. All comments in response to this public notice should be forwarded to the Kansas City District at the appropriate address given in the Additional Information section, on page 2 of this notice.
Public Interest Review: The decision to issue this GP will be based on an evaluation of the probable impact of the proposed permit on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposed GP must be balanced against the reasonably foreseeable detriments. All factors which may be relevant to the proposed GP will be considered including the cumulative effects thereof; among those are conservation, economics, esthetics, general wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production, mineral needs, and, in general, the needs and welfare of the people. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this proposed GP. Requests for holding hearings shall state, with particularity, the reasons for holding a public hearing.
Comments: Any interested party (particularly officials of any town, city, county, state or Federal agency, local association, or individual) is invited to submit to the Kansas City District written facts or objections to the proposed GP on or before the public notice expiration date. Comments, both favorable and unfavorable, will be accepted and made a part of this record and will receive full consideration in determining whether it would be in the public interest to issue the GP for another five year term.
Additional Information: Additional information about GP-41 may be obtained by writing to the following address: Chief, Regulatory Branch, U.S. Army Corps of Engineers, Federal Building, Room 402, (OD-R), 601 East 12th Street, Kansas City, Missouri 64106-2824 or by calling Mr. Douglas R. Berka at 816-389-3657 (FAX 816-389-2032) or email at douglas.r.berka@usace.army.mil. In addition, all comments concerning this GP should be directed to this address.