PUBLIC NOTICE. Issue Date: June 27, DAY NOTICE Expiration Date: August 26, 2018 Corps File Number: NWO MTH

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1 PUBLIC NOTICE Omaha District Issue Date: June 27, DAY NOTICE Expiration Date: August 26, 2018 Corps File Number: NWO MTH Helena Regulatory Office 10 West 15 th Street, Suite 2200 Helena, Montana JOINT PUBLIC NOTICE PROPOSED REGIONAL GENERAL PERMIT U.S. ARMY CORPS OF ENGINEERS AND MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY The U.S. Army Corps of Engineers, Omaha District (the Corps) proposes to issue a new Regional General Permit (RGP) for existing pipeline inspection and repairs within the state of Montana. The District Engineer, Omaha District, proposes to issue this regional general permit for a period of five (5) years. Purpose: The purpose of the proposed RGP is to provide Department of the Army authorization for activities required for the inspection, repair, rehabilitation, or replacement of any currently serviceable structure or fill for pipelines or other conduits where such activities are immediately necessary for safety and to prevent pipeline leakage or failure. Additional maintenance activities are authorized if done in conjunction with these time-sensitive inspection and repair activities. This Regional General Permit does not authorize activities that result in any loss of waters of the United Sates, or activities that result in a conversion of one type of aquatic resource to another (such as wetlands to streams or vice-versa) or conversion of one wetland type to another such as scrub-shrub or forested to emergent wetland. Proposed Activities: All applications for consideration under this RGP will be reviewed by the Corps. Activities authorized by this RGP, Reporting procedures, and Special Conditions are enclosed in Appendix A of this Public Notice. Activities authorized by this Regional General Permit include the following within the state of Montana: Anomaly digs and associated repairs; internal inspections using remote devices such as sensors or cameras; lining of existing pipelines or conduits; interim short-term stabilization measures; in-place pipeline lowering or alignment shifts; temporary staging and access; temporary dewatering; replacement of pipelines or conduits using boring or horizontal directional drilling methods; and replacement of pipelines or conduits using trench excavation and backfill methods. This Regional General Permit is not intended to authorize routine scheduled inspections or routine and regularly scheduled maintenance activities, and is not for the regularly scheduled replacement of pipelines. Those routine or recurring activities can be authorized by other Department of Army Permits, including some Nationwide Permits or Individual Permits. 401 Water Quality Certification: The Montana Department of Environmental Quality (DEQ) will review this RGP with the intent to certify, deny, or waive in accordance with the provisions of

2 Section 401 of the Clean Water Act. The certification, if issued, will express the DEQ's opinion that the operations undertaken by the applicant will not result in a violation of applicable water quality standards. The DEQ hereby incorporates this public notice as its own public notice and procedures by reference thereto. The DEQ is responsible for providing Section 401 certification, when applicable, for all projects that occur outside the Indian Reservations within the state of Montana. Certification that activities constructed under the RGP will not violate applicable water quality standards is also being requested from the following Tribes or agencies. This Public Notice also serves as notification to these agencies for their certification. The U. S. Environmental Protect Agency (EPA) is responsible for providing Section 401 certification, when applicable, for all projects that occur on all Indian Reservations within the State of Montana with the exception of the Blackfeet, Flathead, Fort Peck, and Northern Cheyenne Indian Reservations. The Blackfoot Tribe is responsible for providing Section 401 certification, when applicable, for all projects that occur on the Blackfeet Indian Reservation. The Confederated Salish and Kootenai Tribes of the Flathead Reservation are responsible for providing Section 401 certification, when applicable, for all projects that occur on the Flathead Indian Reservation. The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation are responsible for providing Section 401 certification, when applicable, for all projects that occur on the Fort Peck Indian Reservation. The Northern Cheyenne Tribe is responsible for providing Section 401 certification, when applicable, for all projects that occur on the Northern Cheyenne Indian Reservation. Cultural Resources: The Corps will comply with the National Historic Preservation Act of 1966, as amended and procedures set forth in 33 CFR Part 325, Appendix C. The Corps will do a case by case review as projects are proposed. The Corps will evaluate input by the State Historic Preservation Office, Tribal Historic Preservation Officers, Indian Tribes and the public in response to this public notice and may conduct or require a reconnaissance survey of the permit area to check for unknown historic or prehistoric properties. An activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places will not be authorized by this regional general permit until the Corps has complied with the provisions of Appendix C. Threatened and Endangered Species: In compliance with the Endangered Species Act (ESA), a preliminary determination has been made that issuance of this RGP will not affect species designated as threatened or endangered, or adversely affect critical habitat. In order to complete our evaluation of this activity, comments are solicited from the U.S. Fish and Wildlife Service (USFWS) and other interested agencies and individuals. Individual activities authorized by this RGP will need to comply with the terms of the ESA. See proposed Special Condition 23. Evaluation Factors: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including individual and cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important 2

3 resources. The benefits which reasonably may be expected to accrue from the proposed activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. In addition, the evaluation of the impact of work on the public interest will include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act (40 CFR Part 230). Comments: The Corps is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. All public notice comments will be considered public information and will be subject to review by the applicant. Any person may request, in writing and within the comment period specified in this notice, that a public hearing be held for the purpose of gathering additional information. Requests for public hearings must be identified as such and shall state specifically the reasons for holding a public hearing and what additional information would be obtained. The request must be submitted to the U.S. Army Corps of Engineers, Montana Regulatory Program, 10 West 15 th Street, Suite 2200, Helena, Montana If it is decided that additional information is required and that a public hearing should be held, interested parties will be notified of the date, time and location. Any interested party (particularly officials of any town, city, county, state, or Federal agency; Indian tribe; or local association whose interests may be affected by the work) is invited to submit to this office written facts, arguments, or objections on or before the expiration date listed on the front of this notice. Any agency or individual having an objection to the issuance of this RGP should specifically identify it as an objection with clear and specific reasons. Comments, both favorable and unfavorable, will be accepted, made a part of the record and will receive full consideration in subsequent actions on this application. All replies to the public notice should be addressed to the U.S. Army Corps of Engineers, Montana Regulatory Program, 10 West 15th Street, Suite 2200, Helena, Montana Please reference the Corps File Number found on the first page of this notice in any correspondence (Corps File Number: NWO MTH). Mr. Todd Tillinger, telephone number (406) , may be contacted for additional information. You may also fax your comments to (406) , or to Todd.N.Tillinger@usace.army.mil. Comments postmarked after the expiration date of this Public Notice, or received by fax or after the expiration date, will not be considered. Comments left on our voic system will not be saved or considered. Statutory Authorities: A permit, if issued, will be under the provisions of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. 3

4 APPENDIX A STATE OF MONTANA-GENERAL PUBLIC REGIONAL GENERAL PERMIT PIPELINE INSPECTIONS AND REPAIRS Activities required for the inspection, repair, rehabilitation, or replacement of any currently serviceable structure or fill for pipelines or other conduits where such activities are immediately necessary for safety and to prevent pipeline leakage or failure. Additional maintenance activities are authorized if done in conjunction with the time-sensitive inspection and repair activities. This Regional General Permit does not authorize activities that result in any loss of waters of the United Sates, or activities that result in a conversion of one type of aquatic resource to another (such as wetlands to streams or vice-versa) or conversion of one wetland type to another such as scrub-shrub or forested to emergent wetland. Activities authorized by this Regional General Permit include the following: Anomaly digs and associated repairs; internal inspections using remote devices such as sensors or cameras; lining of existing pipelines or conduits; interim short-term stabilization measures; in-place pipeline lowering or alignment shifts; temporary staging and access; temporary dewatering; replacement of pipelines or conduits using boring or horizontal directional drilling methods; and replacement of pipelines or conduits using trench excavation and backfill methods. This Regional General Permit is not intended to authorize routine scheduled inspections or routine and regularly scheduled maintenance activities, and is not for the regularly scheduled replacement of pipelines. Those routine recurring activities can be authorized by other Department of Army Permits, including some Nationwide Permits or Individual Permits. All pipeline inspection, repair, rehabilitation, or replacement activities must meet the following criteria: (a) Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable when temporary structures, work and discharges, including cofferdams, are necessary for construction activities or access fills or dewatering of construction sites; (b) Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than 30 calendar days, provided that the material is not placed in such a manner that it is dispersed by currents or other forces. Material sidecast or stockpiled in waters of the United States must be free from hazardous or toxic material. The district engineer may extend the period of temporary sidecasting for no more than a total of 90 days, where appropriate. Trenches or other excavations cannot be constructed or backfilled in a manner that allows drainage of waters of the United States (for example, backfilling with extensive gravel layers, creating a french drain effect); (c) Temporary fill for access or staging must consist of materials, and be placed in a manner, that will not be eroded by expected flows or other forces. Temporary fill must be removed in its entirety and the affected areas returned to pre-construction contours and elevations. Affected areas must be revegetated as appropriate; (d) In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench so that there is no change in preconstruction contours; (e) To the maximum extent practicable, the restoration of open waters and stream or river channels must be to the pre-construction contours, course, condition, capacity, and location; 4

5 (f) Stabilize any exposed slopes and stream banks immediately upon completion of the project; (g) Additional maintenance activities done in conjunction with the time-sensitive inspection or repair must not result in additional losses of waters of the United States; and, (h) All replaced or abandoned sections of pipelines or conduits and related features that are no longer required or in service must be removed from waters of the United States within 180 days of the time-sensitive inspection and repair activities. (i) Previously buried pipelines or conduits that are exposed above streambeds must be lowered or otherwise replaced or moved so that they are no longer exposed. Burying pipelines must not permanently raise the bottom elevation of streams. Temporary protective cover or fill must be removed within 180 days of initial placement. Reporting: The permittee must submit a written post-construction report to the Corps of Engineers within 15 days after initiating the work in waters of the United States. Authorities: Section 10 and Section 404 REPORTING PROCEDURES Within 15 days after the start of any activities authorized under this RGP, the permittee is required to contact the Corps in writing by mail or fax and provide written information: The following written information is required: U.S. ARMY CORPS OF ENGINEERS HELENA REGULATORY OFFICE 10 WEST 15TH STREET SUITE 2200 HELENA, MT FAX: (406) Name, address, and telephone number of the Applicant, Landowner, and of the person responsible for the work such as consultant or contractor (if different than the Applicant). 2. A written description of the work, including the purpose and need; type, composition and volume of fill and/or excavated material; length, width and depth of fill material and/or excavation area; disposal site for the fill and/or excavated material; borrow site for fill material; types of equipment to be used; and impacts to wetlands, streams or other waters of the United States. 3. A written description of what prompted the immediate inspection, repair, rehabilitation, or replacement, including the potential for leakage, damage, loss of life or property, or threat to public safety. 4. A written legal description of the project location including section, township, range, and county, as well as latitude and longitude if known. 5. Names, and addresses for adjacent property owners. 6. A set of drawings on 8 1/2 by 11 inch paper, with dimensions of the proposed work, showing: 5

6 a. The project location identified on an aerial photograph or map, including any disposal site locations. b. A plan or top view of the project area. c. A typical cross-section or side view of the project. d. Photographs of the project area, including pre- and post-construction photographs. e. As applicable, a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions. 7. A delineation of any wetlands and other waters of the United States in the project area. 8. The Corps will inform the permittee if further authorizations, special conditions, or project modifications are required. SPECIAL CONDITIONS: Any authorization granted under this RGP is subject to the following conditions: 1. The permittee will have 30 days to complete all work authorized under this RGP. If additional time is needed to complete the authorized activity, a written request for a time extension must be submitted to and approved by the Montana Regulatory Office. 2. Immediately notify the Corps and owner/operator of any water intake or irrigation diversion within 2 miles of the proposed inspection and repair activity. 3. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river'' for possible inclusion in the system while the river is in an official study status, unless the appropriate federal agency (i.e., U.S. Forest Service, Bureau of Land Management) with direct management responsibility for the river, has determined in writing the proposed activity will not adversely affect the Wild and Scenic River designation or study status. The designated rivers in Montana include portions of the Flathead River, including the North Fork, South Fork, and Middle Fork; and the Missouri River from Fort Benton downstream to US Highway 191 Fred Robinson Bridge. 4. Any channel restoration work is limited to restoring the area to pre-project conditions. 5. Repair measures authorized herein do not allow for improved drainage that would result in the lowering of basin water retention capacity and/or impacts to the wildlife value of that wetland. 6. Permanent features in waters of the United States must not affect the flow or circulation of water in the project area. 7. Inspection and repair activities authorized herein do not allow for the construction of structures or features that increase stream channel constriction or redirection flows. 8. There can be no loss of special aquatic sites, including wetlands or riffle and pool complexes. 9. No secondary or high flow channels can be wholly or partially blocked. 10. All fill must be of suitable materials and placed in such a manner that the material will not be eroded by expected high flows. 6

7 11. All fill material will be obtained from a non-wetland, upland source. Fill may not be obtained from wetlands or from areas within the OHWM of streams or lakes. 12. Notify the Corps of the location of any borrow site used in conjunction with the activity so the Corps may evaluate the site for potential impacts to aquatic resources, historic properties, and endangered species. 13. All temporary fills, including sandbags, diversions, grout bags, access roads, mats, and other fills, in waters of the United States must be completely removed and the areas restored to pre-construction contours and elevations within 30 days of the end of emergency conditions. Time extensions can be requested in writing from the Corps. Affected areas must be revegetated as appropriate; 14. All erosion control blankets or fabrics used in or adjacent to waters of the United States must be comprised of degradable material to ensure decomposition. Do not use material that includes UV-stabilized netting or stabilized open mesh, as these products take a long time to degrade and they can trap small animals, birds, amphibians and fish. This prohibition also applies to mesh materials used for wattles, rolled materials, and bank wraps. Erosion control blankets or fabrics that break down within 24 months are acceptable. Non-degradable blankets or fabrics may be allowed on a case-specific basis if it will be buried beneath riprap or structures and it is not likely to be exposed. Nondegradable blankets or fabrics that become exposed within waters of the United States must be removed. 15. The clearing of vegetation, including trees located in or immediately adjacent to waters of the United States, is limited to the minimum necessary to perform the inspection and repair activities. 16. Dispose of all construction debris at an approved upland site and in such a manner that it cannot enter a waterway or wetland. 17. Equipment for handling and conveying materials during construction must be washed and must be operated to prevent dumping or spilling materials into the water except as approved herein. 18. Concrete trucks must be washed in a location and manner such that washwater and debris cannot enter a water of the United States. 19. During construction, no petroleum products, chemicals, or other deleterious materials are allowed to enter or be disposed of in such a manner that would allow entry into the water. Precautions must be taken to prevent entry of these materials into the water. 20. Perform work in the waterway in such a manner so as to minimize increases in suspended solids and turbidity that may degrade water quality. 21. All earthwork operations on adjacent areas must be carried out in such a manner that prevents sediment runoff and soil erosion to waters of the United States. 22. The use of machinery in the waterway will be kept to the minimum necessary. 7

8 23. If threatened or endangered species are sighted at or near the project site, particularly during construction, work must cease and the Montana Regulatory Office at (406) and the USFWS at (406) must be contacted immediately. No activity is authorized which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the activity has been completed. Federal agencies should follow their own procedures for complying with the requirements of the ESA, and must provide the Corps with appropriate documentation when consultation has been completed. 24. The permittee, the permittee's contractor or any employees, subcontractors or other persons working in the performance of the project shall immediately report the discovery of subsurface features, possible scientific, prehistorical, historical, or archeological data, giving the location and nature of the findings to the State Historic Preservation Office (SHPO) and the Montana Regulatory Office. If discoveries occur on an Indian reservation, the applicable Tribal Historic Preservation Office (THPO) and the Montana Regulatory Office shall be notified. The permittee shall cease construction or operation at the site of any cultural resource discovery. Work shall not begin or resume until notified by the Montana Regulatory Office. 25. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 26. Modification of any federal project, navigation structure, or flood control structure (i.e. dam, revetment, dike, levee, etc.) is not authorized by this RGP. 27. Due to public safety concerns and potential structural instability, no equipment can be staged on federal structures. 28. The District Commander may require additional special conditions be included in any authorization issued under this RGP to avoid or minimize adverse environmental impacts. The District Commander may also require an individual permit for an activity determined to have more than minimal adverse environmental impacts, individually or cumulatively, or would be contrary to the public interest. 8