127.4 Wetlands and Streams - Revision history

Hoskir: /* 127.4.1.1 Overview */ updated link to 10c20-7

2024-07-02T17:45:06Z

127.4.1.1 Overview: updated link to 10c20-7

← Older revision		Revision as of 12:45, 2 July 2024
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	* Ephemeral Streams: Jurisdiction over ephemeral streams, that typically flow for only a few hours or days following rainfall, is determined on a case by case basis by the U.S. Army Corps of Engineers (COE).		* Ephemeral Streams: Jurisdiction over ephemeral streams, that typically flow for only a few hours or days following rainfall, is determined on a case by case basis by the U.S. Army Corps of Engineers (COE).

	* A [https://www.sos.mo.gov/~~CMSImages~~/~~AdRules~~/csr/current/10csr/10c20-7.pdf list of Perennial and Intermittent streams] is available from the Missouri Department of Natural Resources in Table H of 10CSR20.7 in the Code of State Regulations. This list is also available as [http://geoportal.missouri.edu/geoportal/catalog/main/home.page GIS Shapefiles].<br/>		* A [https://www.sos.mo.gov/cmsimages/adrules/csr/current/10csr/10c20-7a.pdf list of Perennial and Intermittent streams] is available from the Missouri Department of Natural Resources in Table H of 10CSR20.7 in the Code of State Regulations. This list is also available as [http://geoportal.missouri.edu/geoportal/catalog/main/home.page GIS Shapefiles].<br/>
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Hoskir: /* 127.4.1.1 Overview */ updated link to "list of Perennial and Intermittent streams

2023-02-22T16:13:15Z

127.4.1.1 Overview: updated link to "list of Perennial and Intermittent streams

← Older revision		Revision as of 11:13, 22 February 2023
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	* Ephemeral Streams: Jurisdiction over ephemeral streams, that typically flow for only a few hours or days following rainfall, is determined on a case by case basis by the U.S. Army Corps of Engineers (COE).		* Ephemeral Streams: Jurisdiction over ephemeral streams, that typically flow for only a few hours or days following rainfall, is determined on a case by case basis by the U.S. Army Corps of Engineers (COE).

	* A [~~http~~://www.sos.mo.gov/~~cmsimages~~/~~adrules~~/csr/current/10csr/10c20-7b.pdf list of Perennial and Intermittent streams] is available from the Missouri Department of Natural Resources in Table H of 10CSR20.7 in the Code of State Regulations. This list is also available as [http://geoportal.missouri.edu/geoportal/catalog/main/home.page GIS Shapefiles].<br/>		* A [https://www.sos.mo.gov/CMSImages/AdRules/csr/current/10csr/10c20-7.pdf list of Perennial and Intermittent streams] is available from the Missouri Department of Natural Resources in Table H of 10CSR20.7 in the Code of State Regulations. This list is also available as [http://geoportal.missouri.edu/geoportal/catalog/main/home.page GIS Shapefiles].<br/>
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Smithk: minor clarifications

2021-11-24T17:21:24Z

minor clarifications

Smithk: updated link

2020-07-10T12:45:29Z

updated link

← Older revision		Revision as of 07:45, 10 July 2020
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	The variability of on-site parameters can necessitate changes for a variety of project components that do not typically require a change order to enable the contractor to complete the project to design specifications. These changes are usually made at the discretion of the resident engineer (RE). Once the RE has determined that potential deviation from the project plans may be required, communication with the environmental and historic preservation staff is necessary to ensure that no adverse impacts result to these resources. The environmental and historic preservation staff must review the potential consequences of the proposed action to determine whether it poses risks to environmental and/or cultural resources.		The variability of on-site parameters can necessitate changes for a variety of project components that do not typically require a change order to enable the contractor to complete the project to design specifications. These changes are usually made at the discretion of the resident engineer (RE). Once the RE has determined that potential deviation from the project plans may be required, communication with the environmental and historic preservation staff is necessary to ensure that no adverse impacts result to these resources. The environmental and historic preservation staff must review the potential consequences of the proposed action to determine whether it poses risks to environmental and/or cultural resources.

	Deviation from the final design plans can result in negative impacts to environmental and cultural resources. Many MoDOT projects require construction of wetland and/or stream mitigation sites as well as protection of sensitive biological and cultural resources within MoDOT right of way during construction activities. The influence of construction changes relating to ditch modification/construction, grading, fill placement, changes in field entrance location, [[~~:Category:135 The Section 106 Process#135~~.3 Borrow and ~~Excess Material~~ Areas\|borrow activities]], batch plant location, unplanned tree clearing, staging areas, and erosion control earthwork can have drastic effects on the functionality/protection of these resources. Some examples of wetland mitigation construction activities that would require screening prior to approval include, but are not limited to:		Deviation from the final design plans can result in negative impacts to environmental and cultural resources. Many MoDOT projects require construction of wetland and/or stream mitigation sites as well as protection of sensitive biological and cultural resources within MoDOT right of way during construction activities. The influence of construction changes relating to ditch modification/construction, grading, fill placement, changes in field entrance location, [[127.22 Off-Site Borrow, Spoil, and Staging Areas\|borrow activities]], batch plant location, unplanned tree clearing, staging areas, and erosion control earthwork can have drastic effects on the functionality/protection of these resources. Some examples of wetland mitigation construction activities that would require screening prior to approval include, but are not limited to:
	:* changes in borrow volume and specified location (relating to wetland mitigation site construction),		:* changes in borrow volume and specified location (relating to wetland mitigation site construction),
	:* unplanned impacts to existing wetland components,		:* unplanned impacts to existing wetland components,

EPGsysop: /* 127.4.1.1 Overview */

2017-04-05T13:24:43Z

127.4.1.1 Overview

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	\|width="250" style="background:#CCCCCC" rowspan="5"\| \|\|colspan="2" align="center"\|'''Equivalent MoDNR Stream Classifications<br/>Listed in 10CSR20.7 (Table H)'''\|\|width="250" style="background:#CCCCCC" rowspan="5"\|		\|width="250" style="background:#CCCCCC" rowspan="5"\| \|\|colspan="2" align="center"\|'''Equivalent MoDNR Stream Classifications<br/><u>       Listed in 10CSR20.7 (Table H)      </u>'''\|\|width="250" style="background:#CCCCCC" rowspan="5"\|
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	\|align="center"\|Stream Type\|\|align="center"\|DNR Class		\|align="center"\|'''Stream Type'''\|\|align="center"\|'''DNR Class'''
	\|-		\|-
	\|align="center"\|Perennial\|\|align="center"\|P or P1		\|align="center"\|Perennial\|\|align="center"\|P or P1

EPGsysop: /* 127.4.1.1 Overview */ Per BR, added guidance for determination of stream classification.

2017-04-05T13:19:26Z

127.4.1.1 Overview: Per BR, added guidance for determination of stream classification.

← Older revision		Revision as of 08:19, 5 April 2017
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	{\|border="1" cellpadding="3" cellspacing="2"		{\|border="1" cellpadding="3" cellspacing="2"
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	\|style="background:#bdb76b" align="center"\| '''Regulated Stream Types'''		\|style="background:#bdb76b" align="center" rowspan="1"\| '''Regulated Stream Types'''
	\|style="background:#CCCCCC"\|		\|style="background:#CCCCCC" colspan="4"\|
	* Perennial streams that usually flow year round.		* Perennial streams that usually flow year round.

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	* Ephemeral Streams: Jurisdiction over ephemeral streams, that typically flow for only a few hours or days following rainfall, is determined on a case by case basis by the U.S. Army Corps of Engineers (COE).		* Ephemeral Streams: Jurisdiction over ephemeral streams, that typically flow for only a few hours or days following rainfall, is determined on a case by case basis by the U.S. Army Corps of Engineers (COE).

			* A [http://www.sos.mo.gov/cmsimages/adrules/csr/current/10csr/10c20-7b.pdf list of Perennial and Intermittent streams] is available from the Missouri Department of Natural Resources in Table H of 10CSR20.7 in the Code of State Regulations. This list is also available as [http://geoportal.missouri.edu/geoportal/catalog/main/home.page GIS Shapefiles].<br/>
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			\|width="250" style="background:#CCCCCC" rowspan="5"\| \|\|colspan="2" align="center"\|'''Equivalent MoDNR Stream Classifications<br/>Listed in 10CSR20.7 (Table H)'''\|\|width="250" style="background:#CCCCCC" rowspan="5"\|
			\|-
			\|align="center"\|Stream Type\|\|align="center"\|DNR Class
			\|-
			\|align="center"\|Perennial\|\|align="center"\|P or P1
			\|-
			\|align="center"\|Intermittent\|\|align="center"\|C
			\|-
			\|align="center"\|Ephemeral\|\|align="center"\|Not Listed
			\|}
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	\|style="background:#bdb76b" align="center"\| '''Wetlands'''		\|style="background:#bdb76b" align="center" \| '''Wetlands'''
	\|style="background:#CCCCCC"\|Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.		\|style="background:#CCCCCC" colspan="4"\|Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
	\|-		\|-
	\|style="background:#bdb76b" align="center"\|'''Ordinary high water mark'''		\|style="background:#bdb76b" align="center"\|'''Ordinary high water mark'''
	\|style="background:#CCCCCC"\| That line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.		\|style="background:#CCCCCC" colspan="4"\| That line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
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	\|style="background:#bdb76b" align="center"\|'''Special aquatic sites'''		\|style="background:#bdb76b" align="center"\|'''Special aquatic sites'''
	\|style="background:#CCCCCC"\|Special aquatic sites are geographic areas, large or small, possessing special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values. Special aquatic sites include sanctuaries and refuges, wetlands, mud flats, vegetated shallows, and riffle and pool complexes. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region.		\|style="background:#CCCCCC" colspan="4"\|Special aquatic sites are geographic areas, large or small, possessing special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values. Special aquatic sites include sanctuaries and refuges, wetlands, mud flats, vegetated shallows, and riffle and pool complexes. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region.
	\|}		\|}

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	\|style="background:#~~5f9ea0~~" align="center"\| '''Waters of the U.S.'''		\|style="background:#bdb76b" align="center"\| '''Waters of the U.S.'''
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	\|style="background:#cccccc"\| All waters that are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;		\|style="background:#cccccc"\| All waters that are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

Smithk: Per Env'l, updated numerous links

2015-10-23T12:19:30Z

Per Env'l, updated numerous links

Smithk: updated link

2014-06-10T19:44:55Z

updated link

← Older revision		Revision as of 14:44, 10 June 2014
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	Interagency coordination must be initiated prior to the development of alternatives and is to be used to guide alternatives development. This activity fulfills the requirements of [[127.14 National Environmental Policy Act (NEPA) Classification and Documents\|NEPA]] and FHWA as they relate to the selection of alternatives and the information obtained is used in the [[127.26 Environmental Classification\|EA]] or [[127.26 Environmental Classification\|EIS]] documentation. For an EIS, wetland delineations and stream impact assessments are conducted for the preferred alternative only, before the FEIS is completed. For an EA, NWI maps, soil surveys, topographic maps, and possibly a field check at the site are used for the alternative analysis in the EA and a delineation of wetlands and streams is performed when project design has progressed to the preliminary plans stage, generally after a Finding of No Significant Impact (FONSI) has been issued.		Interagency coordination must be initiated prior to the development of alternatives and is to be used to guide alternatives development. This activity fulfills the requirements of [[127.14 National Environmental Policy Act (NEPA) Classification and Documents\|NEPA]] and FHWA as they relate to the selection of alternatives and the information obtained is used in the [[127.26 Environmental Classification\|EA]] or [[127.26 Environmental Classification\|EIS]] documentation. For an EIS, wetland delineations and stream impact assessments are conducted for the preferred alternative only, before the FEIS is completed. For an EA, NWI maps, soil surveys, topographic maps, and possibly a field check at the site are used for the alternative analysis in the EA and a delineation of wetlands and streams is performed when project design has progressed to the preliminary plans stage, generally after a Finding of No Significant Impact (FONSI) has been issued.

	See [[750.7 Non-Hydraulic Considerations#750.7.3 Box Culverts\|Non-Hydraulic Considerations - Box Culverts]] for more information on environmental requirements for multi-cell box culverts.		See [[750.7 Non-Hydraulic Considerations#750.7.4 Box Culverts\|Non-Hydraulic Considerations - Box Culverts]] for more information on environmental requirements for multi-cell box culverts.

	===127.4.2.3 Preliminary Plans Stage===		===127.4.2.3 Preliminary Plans Stage===

Smithk: /* 127.4.4 Maintenance Activities */ updated link

2012-09-28T18:23:06Z

127.4.4 Maintenance Activities: updated link

← Older revision		Revision as of 13:23, 28 September 2012
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	Activities in most streams are regulated by the U.S. Army Corps of Engineers (COE) and require a [http://epg.modot.org/index.php?title=Category:107_Legal_Relations_and_Responsibility_to_the_Public#107.10.2_Section_404_Permits 404 Permit]. Districts shall contact the local COE Office or their wetland specialist prior to beginning any work in streams. The necessary permits for removal or placement of materials in the stream shall be obtained from the COE prior to conducting the work, unless emergency authorization has been given by the COE to do the work.		Activities in most streams are regulated by the U.S. Army Corps of Engineers (COE) and require a [http://epg.modot.org/index.php?title=Category:107_Legal_Relations_and_Responsibility_to_the_Public#107.10.2_Section_404_Permits 404 Permit]. Districts shall contact the local COE Office or their wetland specialist prior to beginning any work in streams. The necessary permits for removal or placement of materials in the stream shall be obtained from the COE prior to conducting the work, unless emergency authorization has been given by the COE to do the work.

	Technical assistance can be obtained from the Design Division Environmental Section in applying for COE permits (use the [~~[127~~.1 Request ~~for Environmental Services\|~~Request for Environmental Services Form]] for [[121.3 The Statewide Transportation Improvement Program (STIP)\|STIP]] jobs or contact your wetland specialist for typical maintenance projects).		Technical assistance can be obtained from the Design Division Environmental Section in applying for COE permits (use the [http://epg.modot.mo.gov/forms/DE-Env&Cultural/Request%20for%20Environmental%20Studies.dot Request for Environmental Services Form] for [[121.3 The Statewide Transportation Improvement Program (STIP)\|STIP]] jobs or contact your wetland specialist for typical maintenance projects).

	==127.4.5 Bridge Demolition==		==127.4.5 Bridge Demolition==

Smithk: /* 127.4.1 Introduction */ added link

2012-09-28T18:20:56Z

127.4.1 Introduction: added link

← Older revision		Revision as of 13:20, 28 September 2012
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	==127.4.1 Introduction==		==127.4.1 Introduction==
			<div id="Overview"></div>

	===127.4.1.1 Overview===		===127.4.1.1 Overview===

← Older revision		Revision as of 12:21, 24 November 2021
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	The CWA requires FHWA and MoDOT to evaluate every project and determine whether the project could have a negative impact on any waters of the U.S. including wetlands, streams, and special aquatic sites. FHWA and MoDOT must use the best available scientific information and the 1987 COE Wetland Delineation Manual to evaluate their projects and they must provide data to support their determination of impact. Under the Sections 401 and 404 of the CWA, no action can be taken that will fill waters of the U.S. without first obtaining authorization under a nationwide or individual permit, based on the amount of impacts.		The CWA requires FHWA and MoDOT to evaluate every project and determine whether the project could have a negative impact on any waters of the U.S. including wetlands, streams, and special aquatic sites. FHWA and MoDOT must use the best available scientific information and the 1987 COE Wetland Delineation Manual to evaluate their projects and they must provide data to support their determination of impact. Under the Sections 401 and 404 of the CWA, no action can be taken that will fill waters of the U.S. without first obtaining authorization under a nationwide or individual permit, based on the amount of impacts.

	The district must complete and submit a [[127.1 Request for Environmental Services\|Request for Environmental Services (RES)]] to make the ~~design division’s~~ environmental section aware of a proposed project. Upon receiving an RES from the district, the environmental specialist will use publications, reports, maps, and databases to screen the project and determine whether there are any potential waters of the U.S. within the project limits or whether the project has the potential to impact adjacent waters of the U.S.		The district must complete and submit a [[127.1 Request for Environmental Services\|Request for Environmental Services (RES)]] to make the Design Division’s environmental section aware of a proposed project. Upon receiving an RES from the district, the environmental specialist will use publications, reports, maps, and databases to screen the project and determine whether there are any potential waters of the U.S. within the project limits or whether the project has the potential to impact adjacent waters of the U.S.

	If the project screening and coordination with the resource agencies do not document the presence of any waters of the U.S., then no further Section 404 evaluation is required at that time. The environmental specialist will indicate in the RES response that the project is clear of any Section 404 constraints for that phase of the project’s development. However, the project will need to be reevaluated at each stage of development because project changes could affect waters of the U.S.		If the project screening and coordination with the resource agencies do not document the presence of any waters of the U.S., then no further Section 404 evaluation is required at that time. The environmental specialist will indicate in the RES response that the project is clear of any Section 404 constraints for that phase of the project’s development. However, the project will need to be reevaluated at each stage of development because project changes could affect waters of the U.S.
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	At the initial project screening stage, the environmental specialist performs a preliminary identification of potential issues related to waters of the U.S. The environmental specialist reviews recent publications, reports, maps, and databases related to these resources to determine whether any waters of the U.S. are known to occur in the area and the likelihood that the project will have a negative impact on wetlands or streams.		At the initial project screening stage, the environmental specialist performs a preliminary identification of potential issues related to waters of the U.S. The environmental specialist reviews recent publications, reports, maps, and databases related to these resources to determine whether any waters of the U.S. are known to occur in the area and the likelihood that the project will have a negative impact on wetlands or streams.

	The district initiates this process by submitting an [[127.1 Request for Environmental Services\|RES]] to the ~~design division~~. If the RES is completed in its entirety and includes a map of the project location, usually no additional information will be required from the district at this time. Any findings pertinent to the project will be relayed to the district in the RES response, which will also indicate what type of COE permit and MDNR WQC is believed necessary, if any.		The district initiates this process by submitting an [[127.1 Request for Environmental Services\|RES]] to the Design Division. If the RES is completed in its entirety and includes a map of the project location, usually no additional information will be required from the district at this time. Any findings pertinent to the project will be relayed to the district in the RES response, which will also indicate what type of COE permit and MDNR WQC is believed necessary, if any.

	===127.4.2.2 Location/Conceptual Plan Stage===		===127.4.2.2 Location/Conceptual Plan Stage===
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	At the location/conceptual plan stage, the environmental specialist screens the project again but may also contact resource and regulatory agencies to determine whether they have any project-related concerns.		At the location/conceptual plan stage, the environmental specialist screens the project again but may also contact resource and regulatory agencies to determine whether they have any project-related concerns.

	The district initiates this process by submitting an [[127.1 Request for Environmental Services\|RES]] to the the ~~design division~~ or for projects that require an Environmental Assessment [[127.26 Environmental Classification\|(EA)]] or an Environmental Impact Statement [[127.26 Environmental Classification\|(EIS)]], the ~~design division~~ and the district will determine when to begin this process. The district may be required to obtain and submit additional information about the project at this stage. The environmental specialist will relay to the district any findings pertinent to the project via the RES response and through core team participation.		The district initiates this process by submitting an [[127.1 Request for Environmental Services\|RES]] to the the Design Division or for projects that require an Environmental Assessment [[127.26 Environmental Classification\|(EA)]] or an Environmental Impact Statement [[127.26 Environmental Classification\|(EIS)]], the Design Division and the district will determine when to begin this process. The district may be required to obtain and submit additional information about the project at this stage. The environmental specialist will relay to the district any findings pertinent to the project via the RES response and through core team participation.

	====127.4.2.2.1 Interagency Coordination (Scoping)====		====127.4.2.2.1 Interagency Coordination (Scoping)====
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	===127.4.2.4 Right of Way Plan Stage===		===127.4.2.4 Right of Way Plan Stage===

	At the right-of-way plan stage, if no Section 401/404 issues have been identified to date, the process described for earlier stages is repeated. The district initiates this process by submitting an [[127.1 Request for Environmental Services\|RES]] to the ~~design division~~, whereupon the environmental specialist will screen the project and make sure no new information has become available since the last screening. Any new findings pertinent to the project will be relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager.		At the right-of-way plan stage, if no Section 401/404 issues have been identified to date, the process described for earlier stages is repeated. The district initiates this process by submitting an [[127.1 Request for Environmental Services\|RES]] to the Design Division, whereupon the environmental specialist will screen the project and make sure no new information has become available since the last screening. Any new findings pertinent to the project will be relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager.

	At this stage, the Section 404 permit process should be underway or possibly complete if it has been determined that the project could have an impact on waters of the U.S. The district will be asked to provide additional information about the project during the permit process. District staff may also be asked to respond to COE correspondence, attend meetings/site visits, and help develop or comment on suggested impact minimization through design changes. To fulfill their obligation under the CWA, the COE requires that cultural resources and threatened and endangered resources are also considered in the individual permit process. U.S. Fish and Wildlife Service and State Historic Preservation Office clearances are therefore needed to finalize the Section 404 permit. The environmental specialist will keep the district involved throughout the permit process to assure that no commitments are made that cannot be met.		At this stage, the Section 404 permit process should be underway or possibly complete if it has been determined that the project could have an impact on waters of the U.S. The district will be asked to provide additional information about the project during the permit process. District staff may also be asked to respond to COE correspondence, attend meetings/site visits, and help develop or comment on suggested impact minimization through design changes. To fulfill their obligation under the CWA, the COE requires that cultural resources and threatened and endangered resources are also considered in the individual permit process. U.S. Fish and Wildlife Service and State Historic Preservation Office clearances are therefore needed to finalize the Section 404 permit. The environmental specialist will keep the district involved throughout the permit process to assure that no commitments are made that cannot be met.
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	===127.4.2.5 Final Design Stage===		===127.4.2.5 Final Design Stage===

	At final design stage, if no Section 401/404 issues have been identified to date, the process described for earlier stages is repeated. The district submits an [[127.1 Request for Environmental Services\|RES]] to the ~~design division~~ and the environmental specialist screens the project to verify that no new information has become available. Any new findings pertinent to the project are relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager. If no Section 401/404 issues are identified, the district will be notified that Section 401/404 issues are clear for this project.		At final design stage, if no Section 401/404 issues have been identified to date, the process described for earlier stages is repeated. The district submits an [[127.1 Request for Environmental Services\|RES]] to the Design Division and the environmental specialist screens the project to verify that no new information has become available. Any new findings pertinent to the project are relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager. If no Section 401/404 issues are identified, the district will be notified that Section 401/404 issues are clear for this project.

	The Section 404 permit process, if needed, should be underway or possibly complete at this stage if it has been determined that the project could have an impact on waters of the U.S. The district will be asked to provide additional information about the project during the permit process. The environmental specialist will keep the district informed of the status of the permit application.		The Section 404 permit process, if needed, should be underway or possibly complete at this stage if it has been determined that the project could have an impact on waters of the U.S. The district will be asked to provide additional information about the project during the permit process. The environmental specialist will keep the district informed of the status of the permit application.

← Older revision		Revision as of 07:19, 23 October 2015
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	===127.4.1.2 Laws and Regulations===		===127.4.1.2 Laws and Regulations===

	* Section 404 of the [http://~~www~~.epa.gov~~/lawsregs~~/laws/~~cwa.html~~ Clean Water Act (CWA) of 1972] requires that all federal, state, and public entities obtain a permit from the U.S. Army Corps of Engineers (COE) before placing dredged or fill materials into waters of the U.S. as defined in 33 CFR Part 328 “Definition of Waters of the United States”. [[media:127.4.1.2 COE Jurisdiction.pdf\|“Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States”]] provides additional information on jurisdiction over waters of the United States.		* Section 404 of the [http://www2.epa.gov/laws-regulations/summary-clean-water-act Clean Water Act (CWA) of 1972] requires that all federal, state, and public entities obtain a permit from the U.S. Army Corps of Engineers (COE) before placing dredged or fill materials into waters of the U.S. as defined in 33 CFR Part 328 “Definition of Waters of the United States”. [[media:127.4.1.2 COE Jurisdiction.pdf\|“Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States”]] provides additional information on jurisdiction over waters of the United States.
	* Section 401 of the CWA requires consultation and Water Quality Certification (WQC) with the state—Missouri Department of Natural Resources (MDNR). State legislation has removed MDNR's authority to condition nationwide permits (NWP's) for MoDOT highway and bridge projects. However, all activities that require individual permits and most requiring general permits will subsequently require WQCs.		* Section 401 of the CWA requires consultation and Water Quality Certification (WQC) with the state—Missouri Department of Natural Resources (MDNR). State legislation has removed MDNR's authority to condition nationwide permits (NWP's) for MoDOT highway and bridge projects. However, all activities that require individual permits and most requiring general permits will subsequently require WQCs.
	*[http://~~www~~.epa.gov/~~owow~~/wetlands~~/regs~~/eo11990.~~html~~ Executive Order 11990] Protection of Wetlands issued in 1977 requires that federal activities (including federally funded projects) as a whole result in no net loss of wetlands.		*[http://water.epa.gov/lawsregs/guidance/wetlands/eo11990.cfm Executive Order 11990] Protection of Wetlands issued in 1977 requires that federal activities (including federally funded projects) as a whole result in no net loss of wetlands.
	* The National Environmental Policy Act [[127.14 National Environmental Policy Act (NEPA) Classification and Documents\| (NEPA)]] of 1969 (as amended) requires consideration of the physical environment for any project that uses federal funding or requires federal permits.		* The National Environmental Policy Act [[127.14 National Environmental Policy Act (NEPA) Classification and Documents\| (NEPA)]] of 1969 (as amended) requires consideration of the physical environment for any project that uses federal funding or requires federal permits.

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	\|style="background:#bdb76b" align="center"\|'''Wetland Mitigation'''		\|style="background:#bdb76b" align="center"\|'''Wetland Mitigation'''
	\|style="background:#cccccc"\|Wetland mitigation is required for all impacts to jurisdictional wetlands. Wetland mitigation banks are the preferred method of mitigation by the Corps of Engineers. Where available, the district may have the option of using available credits in a Mitigation Bank for wetland mitigation. The Section 404 permit will determine mitigation ratios. MoDOT operates [~~[media~~:~~127.4.1.3~~.pdf\|5 wetland banks in Missouri]].		\|style="background:#cccccc"\|Wetland mitigation is required for all impacts to jurisdictional wetlands. Wetland mitigation banks are the preferred method of mitigation by the Corps of Engineers. Where available, the district may have the option of using available credits in a Mitigation Bank for wetland mitigation. The Section 404 permit will determine mitigation ratios. MoDOT operates [http://sharepoint/sites/de/environmental_historic_pres/Wetlands/Wetland%20Staff%20Assignments.pdf 5 wetland banks in Missouri].
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	\|style="background:#bdb76b" align="center"\|'''Stream Mitigation'''		\|style="background:#bdb76b" align="center"\|'''Stream Mitigation'''
	\|style="background:#cccccc"\|Stream mitigation is required when permanent impacts exceed 0.1 acre of fill in stream channels below OHWM or if other stream impacts (i.e., channelization) exceed NWP limits. Mitigation can involve on-site design and/or utilization of the Stream Stewardship Trust Fund (SSTF). The amount of stream mitigation is determined using the Missouri Stream Mitigation Method (MSMM). Stream mitigation may also be incorporated with threatened and endangered species habitat improvement such as the Indiana bat. MoDOT operates [~~[media~~:~~127.4.1.3~~.pdf\|3 stream mitigation banks in Missouri]].		\|style="background:#cccccc"\|Stream mitigation is required when permanent impacts exceed 0.1 acre of fill in stream channels below OHWM or if other stream impacts (i.e., channelization) exceed NWP limits. Mitigation can involve on-site design and/or utilization of the Stream Stewardship Trust Fund (SSTF). The amount of stream mitigation is determined using the Missouri Stream Mitigation Method (MSMM). Stream mitigation may also be incorporated with threatened and endangered species habitat improvement such as the Indiana bat. MoDOT operates [http://sharepoint/sites/de/environmental_historic_pres/Wetlands/Wetland%20Staff%20Assignments.pdf 2 stream mitigation banks in Missouri].
	\|}		\|}

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	Activities in most streams are regulated by the U.S. Army Corps of Engineers (COE) and require a [http://epg.modot.org/index.php?title=Category:107_Legal_Relations_and_Responsibility_to_the_Public#107.10.2_Section_404_Permits 404 Permit]. Districts shall contact the local COE Office or their wetland specialist prior to beginning any work in streams. The necessary permits for removal or placement of materials in the stream shall be obtained from the COE prior to conducting the work, unless emergency authorization has been given by the COE to do the work.		Activities in most streams are regulated by the U.S. Army Corps of Engineers (COE) and require a [http://epg.modot.org/index.php?title=Category:107_Legal_Relations_and_Responsibility_to_the_Public#107.10.2_Section_404_Permits 404 Permit]. Districts shall contact the local COE Office or their wetland specialist prior to beginning any work in streams. The necessary permits for removal or placement of materials in the stream shall be obtained from the COE prior to conducting the work, unless emergency authorization has been given by the COE to do the work.

	Technical assistance can be obtained from the Design Division Environmental Section in applying for COE permits (use the [http://~~epg.modot.mo.gov/forms~~/~~DE-Env&Cultural~~/~~Request%20for%20Environmental%20Studies~~.~~dot~~ Request for Environmental Services Form] for [[121.3 The Statewide Transportation Improvement Program (STIP)\|STIP]] jobs or contact your wetland specialist for typical maintenance projects).		Technical assistance can be obtained from the Design Division Environmental Section in applying for COE permits (use the [http://res/Pages/Default.aspx Request for Environmental Services Form] for [[121.3 The Statewide Transportation Improvement Program (STIP)\|STIP]] jobs or contact your wetland specialist for typical maintenance projects).

	==127.4.5 Bridge Demolition==		==127.4.5 Bridge Demolition==