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Environmental process | Environmental review | Stream or Water Body Modifications

Stream or Water Body Modifications process

Purpose

Evaluating proposed stream or water body modifications can help prevent impacts to fish and wildlife and problems such as erosion, bank instability, aesthetic intrusion, flooding, and impediments to navigation.

Threshold criteria

Consider stream and water body impacts on projects that involve channel relocation, channel excavation, culvert installation or extension, bridge pier work, or any other activity that changes the course, current, or cross section of a stream or water body.  This guidance does not need to be used for work on centerline or entrance culverts that primarily convey storm water within highway right of way. See the TPDP Wetlands section for information on addressing impacts to wetlands.

During the scoping of phase of project development and the environmental process, assess the need for channel modification and the associated permits. Always consider alternatives that avoid channel changes and adverse impacts.  Discuss mitigation measures to the extent possible.

During preliminary design, refine the design concept(s) and avoidance, minimization, and mitigation measures developed earlier.  It is also important to assess whether the project requires a Section 404/Section 10 permit from the US Army Corps of Engineers (USACE) and/or a Minnesota Department of Natural Resources (MNDNR) Public Waters permit, and if so, whether the project is expected to qualify for general permits or require individual permits. Projects requiring Section 404 permits should also be assessed for whether an individual Section 401 water quality certification is expected to be needed from the Minnesota Pollution Control Agency (MPCA), Environmental Protection Agency (EPA), or tribes.

During final design, ensure that permanent construction features that reduce or eliminate negative impacts are incorporated into project design. This is also typically the time to obtain required permits. Excerpts from the final design plans may be used within the permit applications to demonstrate to permitting agencies any special mitigation features that are part of the project. Final design must also ensure that the plans, specifications, and estimate (PS&E) package includes all mitigation measures.

Class I Actions (Environmental Impact Statement (EIS) Projects)

Conduct an early assessment of the magnitude of potential impacts and assess the need for further study.  Include information about potential impacts of the various alternatives at the public hearing.

Draft EIS (DEIS)

Conduct an inventory of potential impacts for project alternatives.  Contact the USACE, US Coast Guard (USCG), United States Fish and Wildlife Service (USFWS), MPCA, and MNDNR to determine the level of agency interest.

Final EIS (FEIS)

Include the specifics of mitigation measures in the FEIS.  Include the letters of coordination/concurrence from the USACE, USFWS, and USCG.

Class II Actions (Categorical Exclusion (CATEX) Projects)

Assess potential impacts and discuss mitigation measures if appropriate.  Clearly state whether or not there is any change to the course, current, or cross section of any stream or water body.

Class III Actions (Environmental Assessment (EA) Projects)

Conduct an inventory of potential impacts for project alternatives.  Contact the USACE, USCG, USFWS, MPCA and MNDNR to determine the level of agency interest and include letters of coordination/concurrence with the environmental documentation.

Agencies involved

Consultation with the MNDNR and obtaining MNDNR Public Waters Work permits are required under Minnesota Statutes 103G.245 for any action that changes or diminishes the course, current, or cross section of public waters by any means, including filling, excavating, or placing materials in or on the beds of public waters .

Obtaining USACE Clean Water Act Section 404 permits is required for any action that involves the discharge of dredged or fill material into Waters of the US, which includes many dredging, fill, and excavation activities. In 2023 the USACE St. Paul District published new stream mitigation procedures and stream assessment tools that inform Section 404 compensatory mitigation requirements for stream impacts proposed in Minnesota.

Coordination with the USCG and obtaining USACE Rivers and Harbors Act of 1899 Section 10 permits are required for any action that constructs a structure or in over navigable Waters of the US and may affect the course, location, or condition of the waterbody, which includes many dredging, fill, and excavation activities. A list of navigable Waters of the US in Minnesota is available on the USACE website and a map is available here. Note that a separate USCG permit may also be required under Section 9 of the Rivers and Harbors Act for work on bridges and causeways in or over navigable Waters of the US.

Obtaining Clean Water Act Section 401 water quality certifications from the MPCA, EPA, or tribe is required for any action that requires a USACE Section 404/10 permit.

Obtaining permits from local watershed districts is required under Minnesota Statutes 103D.345 for any activities that require permits under local watershed district rules.

Consultation with the USFWS is required under the Fish and Wildlife Coordination Act for any federal action that involves diversion, deepening, or other modification of a natural stream or water body. On MnDOT projects, this consultation is coordinated by the USACE during Section 404/10 permitting and/or during FHWA consultation with USFWS under Section 7 of the Endangered Species Act.

Permits/approvals

The following permits apply to stream or water body modification: