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Regulatory (Permits)
Highlights
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In a recent decision on the consolidated cases Rapanos v. United States and Carabell v. United States (Rapanos), the Supreme Court addressed where the federal government can apply the Clean Water Act, specifically by determining whether a wetland or tributary is a water of the U.S. On June 5, 2007, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers issued joint guidance to implement the Rapanos decision. The joint guidance will be used by EPA regions and Corps' districts to determine whether aquatic resources, such as lakes, streams, and wetlands, are waters of the U.S., subject to regulation under the CWA.
The St. Paul District has prepared an
open letter discussing the Rapanos guidance and the effects it may have on the regulatory program. In addition, the District has published guidelines for submitting jurisdictional determination requests in order to assist applicants in obtaining timelier Section 404 authorizations.
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Also, the joint EPA/Corps' guidance and other information can be obtained from the internet at:
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For most projects, this new guidance will require more site specific documentation to determine whether aquatic resources within a project area satisfy the more prescriptive definition of waters of the U.S.
This will likely result in a substantial increase in the number of site visits that we perform. In some cases, we may also be required to do a detailed analysis of your site to verify that it meets the definition of a water of the U.S. In many cases, the results of these evaluations will need to be coordinated with the U.S. Army Corps of Engineers Headquarters and/or the U.S. Environmental Protection Agency prior to making a permit decision.
Overview of the Corps' Regulatory Programs
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Permit Information
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MINNESOTA
- GP-001-MN (PDF, 838 KB)
Statewide Programmatic General Permit currently in effect in Minnesota that covers certain activities permitted by MDNR.
- LOP-05-MN (PDF, 204 KB)
Section 404 LOP Procedures .- RGP-003-MN (PDF, 204 KB)
Statewide Regional General Permit for specific activities .
LOP-05-R-(PDF, 407 KB)Section 404 LOP procedures.
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WISCONSIN- GP-001-WI (PDF, 838 KB)
Statewide Programmatic General Permit currently in effect in Wisconsin that covers certain activities permitted by WDNR
- GP-002-WI (PDF, 204 KB)
Statewide Regional General Permit for specific activities .- LOP-006-WI (PDF, 204 KB)Section 404 LOP Procedures MN/WI.
- LOP-05-R- (PDF,
407 KB)Section 404 LOP procedures.
GP-014-WI (PDF, 407 KB) Notice of Correction to General Permit.
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Agricultural Permits
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- Minnesota Fact Sheet (PDF, 174 KB)
Information on Agricultural Wetland Determinations, Permits, and Regulations.
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Guidelines for Submitting Wetland Delineations to the Corps
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Great Plains Interim Regional Supplement (PDF, 1,326,710 KB)
Guidance on Design, Installation and Interpretation of Monitoring Wells for Wetland Hydrology Determinations (PDF, 534,442 KB)
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PERMIT Applications
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