In accordance with the Corps of Engineers lead district initiative in the State of Missouri, the Kansas City District is issuing this public notice jointly with the other Corps of Engineers Districts that have regulatory responsibilities within the State of Missouri. Each of the Missouri Corps Districts are issuing this public notice as notification of the intent to renew this permit for another five-year term. NOTE: This authorization was previously known as Regional General Permit 35 in Rock Island District.
The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 11, 2020, requires certification for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to assuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. States, tribes, and other certifying authorities will make their Clean Water Act Section 401 water quality certification (WQC) decisions after reviewing the activities authorized by the proposed RGP-41. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received the related certification. The Administrator is responsible for determining if the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
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 District, the St. Louis District, the Rock Island District, the Little Rock District, and the Memphis District propose to reissue this RGP (Enclosure). This RGP was originally issued by the Kansas City District in March 2008, it was reissued on April 22, 2013, and on April 2, 2018. The current RGP 41 expires April 2, 2023. This RGP, if reissued by each Corps District in Missouri, will continue to authorize 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 throughout the State of Missouri.