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The U.S. Army Corps of Engineers, Kansas City District (as the lead district), in conjunction with the St. Louis District, Rock Island District, Little Rock District, and Memphis District, HAS REISSUED Regional General Permit GP-34M for Sand and Gravel Excavation Activities in Waters of the United States within the State of Missouri 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).

REISSUANCE OF REGIONAL GENERAL PERMIT NWK GP-34M SAND AND GRAVEL EXCAVATION ACTIVITIES WATERS OF THE U.S. WITHIN THE STATE OF MISSOURI The U.S. Army Corps of Engineers, Kansas City District (as the lead district), in conjunction with the St. Louis District, Rock Island District, Little Rock District, and Memphis District, HAS REISSUED Regional General Permit GP-34M for Sand and Gravel Excavation Activities in Waters of the United States within the State of Missouri 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). Duration of this Regional General Permit. The general permit has been issued and is in effect for five (5) years from July 28, 2016 until July 28, 2021, unless revoked or specifically extended. Notification Procedures. Permit applicants must notify the Little Rock District Regulatory Program to receive authorization under this general permit. The notification must include detailed drawings and sufficient information to determine if the proposed work conforms to the criteria and conditions of the general permit. A Department of the Army (DA) permit application, ENG Form 4345, must be used for this purpose. You may request a copy of this permit application form from the Little Rock District office at 700 West Capitol, PO Box 867, Little Rock, Arkansas 72203-0867, Telephone (501) 324-5295, Fax (501) 324-6013, or the form and instructions are downloadable at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/ObtainaPermit.aspx. Excavation activities are authorized in waters of the U.S. within the State of Missouri, except those waters which are specifically excluded in the “Project Location” section of the permit. Small, personal use activities as specified in Appendix I of the permit do not require notification to the Corps of Engineers. If the Corps determines that the work meets the provisions of the general permit, and no extraordinary conditions exist that warrant evaluation as an individual permit, the proponent will be notified to proceed. If the Corps determines that the subject work does not meet the provisions of the general permit, or that extraordinary conditions exist, the applicant will be notified that an individual permit will be necessary. Additional information concerning limitations and general and special conditions of the permit can be obtained by contacting our office referenced above. Conditions of this Regional General Permit. All activities authorized by this general permit must comply with the general and special conditions, and appendices of the enclosed copy of general permit GP-34M. Eclosure

JOINT PUBLIC NOTICE US Army Corps of Engineers® Little Rock District

CORPS OF ENGINEERS ­ STATE OF MISSOURI Application Number: GP-34M (10971-3) Date: August 3, 2016

REISSUANCE OF REGIONAL GENERAL PERMIT NWK GP-34M SAND AND GRAVEL EXCAVATION ACTIVITIES WATERS OF THE U.S. WITHIN THE STATE OF MISSOURI The U.S. Army Corps of Engineers, Kansas City District (as the lead district), in conjunction with the St. Louis District, Rock Island District, Little Rock District, and Memphis District, HAS REISSUED Regional General Permit GP-34M for Sand and Gravel Excavation Activities in Waters of the United States within the State of Missouri 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). Duration of this Regional General Permit. The general permit has been issued and is in effect for five (5) years from July 28, 2016 until July 28, 2021, unless revoked or specifically extended. Notification Procedures. Permit applicants must notify the Little Rock District Regulatory Program to receive authorization under this general permit. The notification must include detailed drawings and sufficient information to determine if the proposed work conforms to the criteria and conditions of the general permit. A Department of the Army (DA) permit application, ENG Form 4345, must be used for this purpose. You may request a copy of this permit application form from the Little Rock District office at 700 West Capitol, PO Box 867, Little Rock, Arkansas 72203-0867, Telephone (501) 324-5295, Fax (501) 324-6013, or the form and instructions are downloadable at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/ObtainaPermit. aspx. Excavation activities are authorized in waters of the U.S. within the State of Missouri, except those waters which are specifically excluded in the "Project Location" section of the permit. Small, personal use activities as specified in Appendix I of the permit do not require notification to the Corps of Engineers. If the Corps determines that the work meets the provisions of the general permit, and no extraordinary conditions exist that warrant evaluation as an individual permit, the proponent will be notified to proceed. If the Corps determines that the subject work does not meet the provisions of the general permit, or that extraordinary conditions exist, the applicant will be notified that an individual permit will be necessary. Additional information concerning limitations and general and special conditions of the permit can be obtained by contacting our office referenced above.

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Conditions of this Regional General Permit. All activities authorized by this general permit must comply with the general and special conditions, and appendices of the enclosed copy of general permit GP-34M. Enclosure

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DEPARTMENT OF THE ARMY PERMIT Permittee General Public Permit No. NWK GP-34M, Sand and Gravel Excavation Activities Issuing Office U.S. Army Engineer District, Kansas City

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below, and with the plans and drawings attached hereto which are incorporated in and made a part of this permit. Project Description: Proposed and/or Completed Work: This permit authorizes the discharge of dredged and/or fill material related to mechanical sand and gravel excavation as described in Appendix I. Discharges authorized are limited to those which occur during the actual excavation process and those associated with preparation and restoration of the site. These discharge activities include but are not limited to temporary stockpiling, access ramps, and construction of berms for siltation control. Activity descriptions for temporary stockpiling, access ramps and road crossings are provided below. Temporary Stockpiling: Stockpiling will only be allowed during day time operational hours. This general permit does not authorize the stockpiling of material overnight below the ordinary high water mark of the stream where the sand and gravel mining is occurring. Those proposing to stockpile in a floodway should follow local floodplain management regulations. Access Ramps and Stream Crossings: This general permit will allow the construction of access ramps up to 25 feetwide. Applicants may request a variance to the ramp width criteria for Corps review, however the total of all ramps and stream crossings may not cause more than ½ acre loss of waters of the United States. Access ramps must be appropriately constructed and maintained such that stream banks are protected from erosion. Stream channel modifications must be kept to the minimum necessary to construct road crossings, and require notification to the Corps (see Special Condition l. and Appendix I, paragraph 5.). Note: The general permit does not authorize gravel from the mining area to be used for bank stabilization or siltation control for any reason. This permit does not allow for sorting, washing, and crushing of excavated material within the stream bed or on a sand/gravel bar or in such a manner as to allow wash water to re-enter the stream. A separate permit and/or settling basin for the discharge of return water may be required under Section 402 of the Clean Water Act from the Missouri Department of Natural Resources, Water Protection Program, Operating Permits Section, (Telephone: 573-522-4502). You must not excavate sand or gravel below the elevation of the water at the time of removal unless specifically authorized on the attached project authorization page(s) of this permit. Discharge of dredged or fill material below the water line may require an individual Section 401 Water Quality Certification. Project Location: Waters of the United States within the State of Missouri, except for the following excluded waters: Missouri and Mississippi Rivers and waters designated by the State of Missouri as Outstanding National Resource Waters or Outstanding State Resource Waters (see attached list, State Regulation 10 CSR 20-7.031 Water Quality Standards, Tables D and E).

ENG FORM 1721, Nov 86

EDITION OF SEP 82 IS OBSOLETE

(33 CFR 325 (Appendix A))

Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on July 28, 2021. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the statewide certification conditions is attached. If the attached prescribed conditions cannot be met, an individual certification must be requested. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions: See continuation sheets, pages 5 and 6, of this document.

Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (x) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (x) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges.

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c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

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Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of thls permit.

GENERAL PUBLIC (SIGNATURE NOT REQUIRED) (PERMITTEE)

(DATE)

This perm it becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed

below.

26 July 2016 (DATE)

BY: Mark D. FTazier Chief, ReguJatoxy Branch Operations Division

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(DATE)

(TRANSFEREE)

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Special Conditions: a. You must sign and return the attached "Compliance Certification" page after you complete the authorized work and any required mitigation. Your signature will certify that you completed the work in accordance with this permit, including general and specific conditions, and that any required mitigation was completed in accordance with the permit conditions. b. In addition to the general conditions of the permit, the following special condition applies to your project regarding Section 10 of the Rivers and Harbors Act. 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 of Engineers, 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. c. If any part of the authorized work is performed by a contractor or other party, before starting work you must discuss the terms and conditions of this permit with the contractor or party; and, you must give a copy of this entire permit to the contractor or other party involved in the excavation activities. Prior to operations, you should contact the Missouri Department of Natural Resources, Water Protection Program (Telephone: 573-751-1300) to determine the potential presence of contamination from sediments. The permittee remains responsible for ensuring compliance with all aspects of this permit. d. You must limit excavation of sand or gravel deposits to unconsolidated areas containing primarily smaller material (at least 85% is less than 3" in diameter) that is loosely packed and contains no woody perennial vegetation greater than 1-1/2-inch in diameter, measured at breast height (4.5 feet). An undisturbed root zone buffer of 10 feet shall be maintained around the trunk of woody perennial vegetation greater than 1-1/2 inch in diameter, measured at breast height. e. An undisturbed buffer of twenty-five (25) feet wide shall be maintained in an undisturbed condition landward of the high bank for the length of the gravel removal site. Disturbed areas in this riparian zone shall be limited to maintained access road(s) for ingress and egress only. No clearing within this riparian area is authorized in association with work authorized by this permit. The operation must not accelerate streambank erosion. f. You must maintain an undisturbed buffer of ten (10) feet (or as specified on the attached project authorization page(s) of this permit) between the removal area and the water line at the time of excavation. An undisturbed buffer of ten (10) feet or a variance for adequate width (as documented on the project authorization page) shall also be maintained between the excavation area and the base of the high bank to protect bank integrity; at no time may sand or gravel material be pushed or placed against the bank. The operator will not excavate materials that will in effect pond, segregate, entice or trap resident aquatic wildlife species upon a rise in river level. g. You must not excavate sand or gravel below the elevation of the water at the time of removal unless approved by the Corps and subject to review by federal and state agencies. If the stream is dry at the time, you must not excavate deeper than the lowest undisturbed elevation of the stream bottom adjacent to the site, unless specified otherwise on the attached project authorization page(s) of this permit. h. You must not relocate, straighten, cut off, shorten, widen, or otherwise modify water conveyance areas within the channel. A "water conveyance area within the channel" is defined as that area between the high banks of the creek, where water is flowing or, in the case of a dry stream, where water would flow after a rain event. The operation must not create head cutting or adversely alter streambed gradient. i. Within 30 days of the removal of excavation equipment from the site, you must re-vegetate or otherwise protect from erosion, those stream bank areas disturbed by the removal operation (such as access points). For long-term operations (longer than 30 days) or for sites that will be periodically revisited as gravel is deposited, access points must be -5-

Special Conditions (continued): appropriately constructed and maintained such that stream banks and access roads are protected from erosion. Erosion and sedimentation controls include, but are not limited to, site disturbance minimization, establishing or protecting vegetative cover, seeding, mulching, and placement of erosion control mats, sediment filters and silt fences. j. Any aggregate, fines, and/or oversized material removed from the site must be placed in an upland, non-wetland site that has been approved by the landowner. k. You must not excavate in those areas authorized by this general permit during the dates specified on the attached project authorization page(s) in the block identified as "Seasonal Restrictions". This time period restriction is for the purpose of protecting spawning habitat and juveniles indigenous to the cited stream. l. You must limit vehicles and other equipment to removal sites and existing crossings. Streams must be crossed perpendicular to the stream. You must obtain written approval from the Corps of Engineers, Regulatory Branch, before constructing any temporary or permanent stream crossing(s). Use of off road vehicles in streams is also regulated under Missouri State Law (RSMo 1991 Section 304.013). m. Fuel, oil and other wastes and equipment containing such wastes shall not be stored nor released at any location between the high banks or in a manner such that they could enter the stream channel. You must dispose of such materials at authorized locations. n. No activity is authorized under this general permit which is likely to 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, or which is likely to destroy or adversely modify the habitat of such species. See Appendix II, paragraph No. 1 for permitting requirements if these species are likely to be present or their habitat would be adversely modified. o. No activity which may affect Historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. All prospective permittees must notify the District Engineer if the excavation activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places. p. You must provide notification to the appropriate Corps of Engineers district, as specified in Appendix I, before you initiate any gravel removal activity and receive written confirmation of authorization under this general permit from the Corps of Engineers before you start any excavation or related operations. q. A variance to any permit conditions will be reviewed on a case-by-case basis and coordinated with the appropriate federal and/or state agencies as necessary. The variance will be determined by site characteristics including but not limited to streambed and bank stability, the presence of bedrock, streambed gradient, and potential impacts to aquatic species and/or habitat.

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APPENDIX I CRITERIA FOR AUTHORIZATION BY GENERAL PERMIT NWKGP-34M 1. The appropriate District Engineer has the discretion to require an individual permit on a case-by-case basis for any activity authorized herein. 2. This general permit applies to the general public and governmental agencies when such activities are performed to provide immediate construction materials or materials stockpiled in an upland area for private use or commercial sale. Excavation and dredging activities occurring in flowing or open water, such as hydraulic dredging, are not included in this authorization. 3. Private property owners are authorized to remove up to a total of 100 cubic yards of gravel per year from any single gravel bar location on their property, for their personal use, without regard to special condition "p". (notification requirements). Excavation activities for personal use must comply with all conditions of this permit. This does not relieve any personal use applicant from notifying the appropriate Corps district if the activity may affect a federally threatened or endangered species or its habitat (see Appendix II, 1. Endangered Species Consultation). If you have any questions concerning threatened and endangered species possibly occurring in your project area, you should contact the appropriate Corps of Engineers district or the U.S. Fish and Wildlife Service. 4. The cumulative impacts of this general permit may be reevaluated at the discretion of the Corps of Engineers at any time, but will be reevaluated at least every five (5) years. 5. APPLICANT NOTIFICATION REQUIREMENTS. (does not apply to personal use activities under 100 cubic yards, see Appendix I, paragraph 3, above) If you wish to perform work under the authority of this General Permit, you must provide notification to the appropriate Corps of Engineers district before you initiate any gravel removal activity. You must submit the following information in this notification: a. A completed application form ENG 4345, or equivalent information. b. A clearly marked site location map. c. A drawing showing the details of the proposed work (Plan and Cross-sectional views of each excavation area). Include the access roads to the site in your project drawings. d. An operation plan which describes how you will conduct the work, details how impacts to the stream and riparian area will be avoided and/or minimized, and measures to restore the site (including gravel bars, stream banks, and riparian areas) following completion of excavation. Note: Access roads must avoid adverse impacts to riffle and pool complexes, and any approved fill for ramps and crossings must be clean and free of contaminants. You must receive written confirmation of authorization under this general permit from the Corps of Engineers before you start any excavation or related operations. Completed activities considered for authorization after-the-fact under the general permit must conform to all conditions of the permit. After-the-fact authorization under this general permit will generally be limited to one activity per applicant. Note to Commercial Operators: As set forth in the Land Reclamation Act, Chapter 444.770.3. RSMo, this Section 10 and 404 general permit may satisfy your permitting requirements with the Missouri Department of Natural Resources' Land Reclamation Program (LRP). If your activity is authorized by this general permit, the Corps of Engineers will forward a copy of this permit to the LRP. You should contact the LRP at 573-751-4041 to determine whether or not an LRP permit is also required.

APPENDIX II CORPS REVIEW PROCEDURES FOR AUTHORIZATION BY GENERAL PERMIT NWKGP-34M

1. ENDANGERED SPECIES CONSULTATION. The excavation activity must not be located in areas containing potential habitat for federally listed species unless, following Endangered Species Act Section 7 consultation with the U.S. Fish and Wildlife Service (Service), a "not likely to adversely affect" determination is agreed upon between the Corps and the Service. If the proposed activity authorized under this permit is located in any area potentially supporting federally listed species or designated critical habitat, the following conditions must be met and will be coordinated by the appropriate Corps District: a. The Corps will coordinate with the Service and Missouri Department of Conservation (MDC) to investigate potential species occurrence via the Service's Information for Planning and Conservation (IPaC) website at https://ecos.fws.gov/ipac/ and Missouri Natural Heritage Program (MNHP) at https://naturalheritagereview.mdc.mo.gov/. For each species on the Service's Official Species List, an effects determination must be made by the Corps. Concurrence from the Service must be obtained for "may affect" determinations, however "no effect" determinations do not require concurrence from the Service. b. As conditioned under the General Permit (GP), additional project specific conditions must be imposed if, through informal consultation between the Service and the Corps, they are determined to be necessary to avoid the likelihood of adverse effects to listed species or designated critical habitat. c. In the event that the likelihood of adverse effects to listed species or designated critical habitat cannot be avoided, GP authorization will not be provided until such time as: i) formal consultation between the Service and the Corps is completed; ii) a non-jeopardy Biological Opinion is issued; and iii) the terms and conditions of any associated Incidental Take Statement are incorporated as enforceable conditions to the project authorization under the general permit. d. Conference via early interagency cooperation may also be necessary for species expected to become federally listed during the permit period. Conferences are required for proposed federal actions likely to jeopardize proposed species or destroy or adversely modify proposed critical habitat. 2. PROJECT DOCUMENTATION AND COMPLIANCE. The authorized work must be documented on the attached Project Authorization Page(s) by the Corps of Engineers. A separate Project Authorization Page must be completed for each separate excavation site. This allows multiple copies of this page to be attached to the general permit, thereby documenting site specific requirements for several excavation locations conducted by a single applicant. The Project Authorization Page(s) also serves to document site specific variances from special conditions "d", "e", "f", "g" and "q" of the GP or to add special conditions for protection of federally listed species. A separate plan view depicting the relative location of several sites in relation to one another may also be attached to clarify site number locations. These pages will be used to insure compliance with the conditions of the GP.

}

'STi\TE

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--,

OF MiSSOU,Rf

Jeremiah W. Uay) Nixon, Governor · Sara Parker Pauley, Direcwr

DEPARTMENT OF NATURAL RESOURCES www.dnr.mo.gov

JUL

IS 2016

Colonel Andrew D. Sexton U.S. Army Corps of Engineers Kansas City District 700 Federal Building 601 East 1th Street Kansas City, MO 64106-2896 RE: GP-34M/CEK002493, Reissuance Dear Colonel Sexton: The Department of Natural Resources (DNR), Water Protection Program, has reviewed Public Notice No. GP-34M in which the U.S. Army Corps of Engineers proposes to reissue General Permit 34 Missouri (GP-34M). This GP-34M is being reissued under the authority of Section 404 of the Clean Water Act (33 USC 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). The general permit authorizes the discharge of dredged or fill material in association with excavation of sand and gravel in waters of the United States within the state of Missouri. The GP-34M was originally issued December 18, 1995, reissued on March 16, 2001, December 22, 2005, and July 28, 2011. The GP-34M issued on July 28, 2011, will expire on July 28, 2016. In the preceding five-year period, there were a total of 32 actions authorized under the provisions of this GP-34M in the Kansas City District and a total of 70 actions by all Districts. This Clean Water Act Section 401 Water Quality Certification (WQC) is being issued under Section 401 of Public Law 95-217, The Clean Water Act of 1977 and subsequent revisions. This office certifies sand and gravel excavating operations utilizing GP-34M will not cause the general or numeric criteria to be exceeded nor impair beneficial uses established in the Water Quality Standards, 10 CSR 20-7.031, provided the following conditions are met: 1.

Sand or gravel shall not be excavated below water elevation at the time of removal.

2.

The stream channel should not be relocated, straightened, cut-off, shortened, widened, or otherwise modified. A stream channel is defined as the area between the high banks of the creek where water is flowing, or in the case of a dry stream where water would flow after a rain event.

Rfc~

0

cfod Papt'r

Colonel Andrew D. Sexton Page Two

3.

Streambed materials or materials from outside of the streambed should not be manipulated to redirect the channel or be used for the construction of crossings or haul roads below the ordinary high water mark. The redirection of flow by excavation of the opposite bank or a stream channel bed is considered a channel modification and is prohibited.

4.

The operation shall not adversely alter streambed gradient.

5.

The operation shall not accelerate bed or bank erosion.

6.

Following each day of mining, the operation shall backdrag the berms created during the mining process onto the gravel bar to leave the gravel bar in a nearly flat condition.

7.

Disturbed areas in the riparian zone should be limited for entry and exit only. Streambank areas disturbed by the removal operation should be revegetated or otherwise protected from erosion.

8.

Any aggregate, fines, or oversized material shall be removed from the site and placed beyond the high bank on a non-wetland site.

9.

Antidegradation requirements dictate all appropriate and reasonable Best Management Practices related to erosion and sediment control, project stabilization and prevention of water quality degradation are applied and maintained; for example, preserving vegetation, streambank stability and basic drainage. Applicants will be responsible for ensuring permit requirements and relevant WQC conditions are met.

10.

Best Management Practices shall be used during all phases of the project to limit the amount of discharge of water contaminants to waters of the state. The project shall not involve more than normal stormwater or incidental loading of sediment caused by excavation disturbances.

11.

Conduct project activity at low flows and water levels to limit the amount of sediment disturbance caused by the heavy equipment. Limit the duration and extent that any heavy equipment is required to be instream; for example, at areas forded by equipment. Mining is not allowed in the channel.

12.

Care shall be taken to keep machinery out of the water way as much as possible. Fuel, oil and other petroleum products, equipment, construction materials and any solid waste shall not be stored below the ordinary high water mark at any time or in the adjacent floodway beyond normal working hours. All precautions shall be taken to avoid the release of wastes or fuel to streams and other adjacent waters as a result of this operation.

II

Colonel Andrew D. Sexton Page Three

13.

Petroleum products spilled into any water or on the banks where the material may enter waters of the state shall be immediately cleaned up and disposed of properly. Any such spills of petroleum shall be reported as soon as possible, but no later than 24 hours after discovery to DNR's Environmental Emergency Response number at (573) 634-2436.

14.

A request for individual WQC is required for any permit issued on a water that is: a. Listed as impaired by inorganic sediment, aquatic habitat alteration or unknown impairment as listed in the most current Water Quality Report (Section 305(b) Report), b. Located in or occur within two miles upstream of a designated outstanding state or national resource water; or c. Located in a designated metropolitan no-discharge stream.

15.

Acquisition of a WQC shall not be construed or interpreted to imply the requirements for other permits are replaced or superseded, including Clean Water Act Section 402 National Pollutant Discharge Elimination System Permits. Permits or any other requirements shall remain in effect. Questions regarding permit requirements may be directed to DNR's Northeast Regional Office at (660) 385-8000, Kansas City Regional Office at (816) 251-0700, St. Louis Regional Office at (314) 416-2960, Southwest Regional Office at (417) 891-4300 or Southeast Regional Office at (573) 840-9750.

16.

Water supply intakes or other activities, which may be affected by suspended solids and turbidity increases caused by disturbance in the watercourse, shall be investigated and sufficient notice given to the owners to allow preparation for any possible changes in water quality. Mr. Ken Tomlin ofDNR's Water Protection Program's Public Drinking Water Branch may be contacted at (573) 526-0269 for the presence of such supplies.

17.

Projects proposed for authorization under GP-34M could encounter sites of conservation concern, including those that have not been recorded. To determine the potential for species of concern within or near a project, please visit: · Department of Conservation's "Natural Heritage Review" website at http://mdcgis.mdc.mo.gov/heritage/newheritage/heritage.htm, and · U.S. Fish and Wildlife Service's "Information, Planning and Conservation" website at http://ecos.fws.gov/ipac/. If the proposed project encounters and will potentially affect a species of concern, please report it to the Department of Conservation and the U.S. Fish and Wildlife Service.

18.

DNR reserves the right to reopen review should cumulative impacts of more than one operation or impacts of any single operation on any water body have detrimental effects on water quality or aquatic habitat. This could include revocation of a WQC for any operation that has a detrimental effect on water quality.

Colonel Andrew D. Sexton Page Four

19.

Representatives from DNR shall be allowed on the project property to inspect the authorized activity at any time deemed necessary by DNR to ensure compliance with the above conditions.

You may appeal to have the matter heard by the Administrative Hearing Commission (AHC). To appeal, you must file a petition with the AHC within 30 days after the date this decision was mailed or the date it was delivered, whichever date was earlier. If any such petition is sent by registered mail or certified mail, it will be deemed filed on the date it is mailed; if it is sent by any method other than registered mail or certified mail, it will be deemed filed on the date it is received by the AHC. This WQC is part of the U.S. Army Corps of Engineers' permit. Water Quality Standards must be met during any operations authorized. If you have any questions, please contact Mr. Mike Irwin by phone at (573) 522-1131, by e-mail at mike.irwin@dnr.mo.gov, or by mail at the Missouri Department of Natural Resources, Water Protection Program, P.O. Box 176, Jefferson City, MO 65102-017 6. Thank you for working with DNR to protect our environment. Sincerely, WATER PROTECTION PROGRAM

CLu~

~

Chris Wieberg, Chief Operating Permits Section CW:mip c:

Mr. Roger S. Allan, U.S. Army Corps of Engineers, Memphis District Ms. Audrey Beres, Missouri Department of Conservation Ms. Jennifer Campbell, Missouri Department of Conservation Mr. Louis E. Clarke, U.S. Army Corps of Engineers, Little Rock District Ms. Ange Corson. Missouri Department of Conservation Mr. Jason Daniels, U.S. Environmental Protection Agency Department of Natural Resources, Kansas City Regional Office Department of Natural Resources, Northeast Regional Office Department of Natural Resources, St. Louis Regional Office Department of Natural Resources, Southeast Regional Office Department of Natural Resources, Southwest Regional Office Mr. Rob Gramke, U.S. Army Corps of Engineers, St. Louis District Mr. James C. Kelley, U.S. Army Corps of Engineers, Rock Island District Mr. Bryan Simmons, U.S. Fish & Wildlife Service Mr. Mel Stanford, U.S. Army Corps of Engineers, Kansas City District

Table C Waters Designated for Cold-Water Fishery Miles/Acres

Water Body Turkey Creek Turkey Creek Turnback Creek Warm Fork Spring River Whittenburg Creek Williams Creek Woods Fork Bull Creek Yadkin Creek Yankee Branch

Jacks Fork River Eleven Point River

Water Body Baker Branch Bass Creek Big Buffalo Creek Big Creek Big Sugar Creek Big Lake Marsh Blue Springs Creek Bonne Femme Creek Brush Creek Bryant Creek Bull Creek Cathedral Cave Branch Chariton River Chloe Lowry Marsh Coakley Hollow Coonville Creek Courtois Creek Crabapple Creek Devils Ice Box Cave Branch East Fork Black River First Nicholson Creek (East Drywood Creek) Gan's Creek Huzzah Creek Indian Creek Ketchum Hollow Little Piney Creek Little Black River Log Creek Meramec River Meramec River Mill Creek

Secretary of State

Mouth Mouth 35,30N,26W 6,22N,5W Mouth Mouth 15,25N,21W Mouth Mouth

To 16,22N,21W 17,23N,15W 24,28N,25W 30,23N,5W Hwy. 8 28,28N,27W 15,25N,21W 9,37N,4W 10,36N,4W

Table D Outstanding National Resource Waters Location Headwaters to Northern Ripley Co. Line Sec. 22,32N,07W to Sec. 15,25N,01E Headwaters to Mouth Sec. 29,28N,07W to Sec. 9/15,29N,03W Headwaters to Hwy. 142 Sec. 32,25N,05W to Sec. 21,22N,02W

Water Body Current River

JASON KANDER

2.0 1.0 14.0 3.0 2.5 1.0 1.0 3.0 1.0

From

(1/29/14)

Table E Outstanding State Resource Waters Miles/Acres Location 4 mi. Taberville Prairie 1 mi. in Three Creek Conservation Area 1.5 mi. Big Buffalo Creek Conservation Area 5.3 mi. Sam A. Baker State Park 7 mi. Cuivre River State Park 150 ac. Big Lake State Park 4 mi. Blue Spring Creek Conservation Area 2 mi. Three Creeks Conservation Area 0.7 mi. Bonanza Conservation Area 1.5 mi. Bryant Creek Natural Area in Rippee Conservation Area 8 mi. Mark Twain National Forest Sec. 24,25N,21W to Sec. 22,26N,20W 5 mi. Onondaga Cave State Park 9.8 mi. Rebels Cove Conservation Area 40 ac. Chloe Lowry Marsh Conservation Area 1.5 mi. Lake of the Ozarks State Park 2 mi. St. Francois State Park 12 mi. Mouth to Hwy. 8 1.0 mi. Bonanza Conservation Area 1.5 mi. Rock Bridge State Park 3 mi. Johnson's Shut-Ins State Park 2 mi. Prairie State Park 3 mi. Rock Bridge State Park 6 mi. Mouth to Hwy. 8 17.5 mi. Mark Twain National Forest 1.5 mi. Roaring River State Park 25 mi. Mouth to 21,35N,08W 3 mi. Mud Puppy Natural History Area S22,T24N,R3E to S25,T24N,R3E 0.4 mi. Bonanza Conservation Area 8 mi. Adjacent to Meramac State Park 3 mi. Adjacent to Onondaga and Huzzah State Forest 5 mi. Mark Twain National Forest

CODE OF STATE REGULATIONS

County(ies) Taney Ozark Dade-Lawrence Oregon Crawford Lawrence Christian Crawford Crawford

County(ies) Dent to Ripley Texas to Shannon Oregon

County(ies) St. Clair Boone Benton-Morgan Wayne Lincoln Holt Crawford Boone Caldwell Ozark/Douglas Christian Crawford Putnam-Schuyler Mercer Camden St. Francois Crawford Caldwell Boone Reynolds Barton Boone Crawford Douglas-Howell Barry Phelps Ripley Caldwell Crawford/Franklin Crawford Phelps

35

10 CSR 20-7--DEPARTMENT OF NATURAL RESOURCES

Water Body N. Fork White River Noblett Creek Onondaga Cave Branch Pickle Creek S. Prong L. Black River Shoal Creek Spring Creek Spring Creek Taum Sauk Creek Turkey Creek Van Meter Marsh Whetstone Creek

Division 20--Clean Water Commission

Table E Outstanding State Resource Waters Location Miles/Acres 5.5 mi Mark Twain National Forest 5 mi. Above Noblett Lake, Mark Twain National Forest 0.6 mi. Onondaga Cave State Park 3 mi. Hawn State Park 2 mi. In Little Black Conservation Area 0.5 mi. Bonanza Conservation Area 17 mi. Mark Twain National Forest 6.5 mi. Mark Twain National Forest 5.5 mi. Johnson's Shut-Ins State Park Addition S23,T33N,R2E to S5,T33N,R3E 4.6 mi. In Three Creeks Conservation Area 80 ac. Van Meter State Park 5.1 mi. Whetsone Creek Conservation Area

County(ies) Ozark Douglas-Howell Crawford Ste. Genevieve Ripley Caldwell Douglas Phelps Reynolds-Iron Boone Saline Callaway

Table F Metropolitan No-Discharge Streams St. Louis Area Stream

Location

Gravois Creek Creve Coeur Creek Fee Fee Creek Coldwater Creek Dardenne Creek Belleau Creek Fishpot Creek Grand Glaize Creek

Entire length Creve Coeur Lake and stream above lake Entire length Entire length Route DD--I-70 Highway--St. Charles County Headwaters--0.1 mi. west of east edge of S22,T47N,R3E Entire length Entire length Kansas City Area

Stream

Location

Indian Creek Blue River Blue River (except combined sewer overflow from Brush Creek) Little Blue River

Kansas state line to confluence with Blue River Kansas state line to 59th Street, Kansas City 59th Street to Guinotte Dam Entire length

Springfield Area Stream

Location

Pearson Creek

Entire length

36

CODE OF STATE REGULATIONS

(1/29/14)

JASON KANDER Secretary of State

THIS ENTIRE PAGE WILL BE COMPLETED BY THE CORPS OF ENGINEERS VERIFICATION OF GP-34M PROJECT AUTHORIZATION 1.

Identification Number and/or Site No. (Assigned by Corps)

2

Corps Approving Official (Not Valid Unless Signed)

3.

Applicant (Company or Name)

4

Responsible Person (If Different from Applicant)

5.

Detailed Location Description (A Drawing on the Reverse Side May Also Be Used in Addition to This Block)

6.

Minimum Buffer Strip Distances

Approving Official

6a. Excavation Area to Water Line

feet

6b. Excavation Area to Bank/Bank Vegetation

feet

6c. Other (specify)

feet

7.

Excavation Depth Information (Note: You must not excavate sand or gravel below the elevation of the water at the time of removal unless authorized by the Corps and documented on this page. If authorization allows excavation below the elevation of the adjacent stream bottom, justification is required such as presence of bed rock to prevent head cutting, excessive bedload, or other appropriate reasons.)

8.

Season Restrictions (You must not excavate during time frames specified below) Restricted Excavation ­ Start Date through End Date, inclusive (mm/dd/yy)

8a. 8b. 8c. 8d. 9.

Comments, Site Specific Conditions, etc.

Approving Official

COMPLIANCE CERTIFICATION GENERAL PERMIT GP-34M

Special Condition "a." of this permit document requires that you submit a signed certification regarding the completed work and any required mitigation. This certification page satisfies this condition if it is provided to the U.S. Army Corps of Engineers District at the address shown at the bottom of this page upon completion of the project.

APPLICATION NUMBER: NAME: ADDRESS:

PROJECT LOCATION: (Waters of US name; Section, Township, Range; County name, Missouri; additional location information.)

a. I certify that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions. b. I certify that any required mitigation was completed in accordance with the permit conditions. c. Your signature below, as permittee, indicates that you have completed the authorized project as certified in paragraphs a and b above.

(Permittee)

Return this certification to: U.S. Army Corps of Engineers Little Rock District ATTN: CESWL-RD 700 West Capitol PO Box 867 Little Rock, Arkansas 72203-0867

(Date)

Rough impact

We use the fields in this section to decide whether to conduct an in-depth review.

Permit Manager

Dates

Identity numbers

Permits, certifications, and locations related to this particular notice

History of edits

Data are available as CSV download in the following schemas