SSD F Attachment 1 Heart Butte Safety of Dams Modification Project 1

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, OMAHA DISTRICT

NORTH DA KOTA REGULATORY OFFICE

3319 UNIVERSITY DRIVE

BISMARCK ND 58504

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NWO-2024-922-BIS

1 2 FE B 2026

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Bureau of Reclamation
- Dakotas Area Office
Attn: Scott Hettinger
304 East Broadway Avenue
Bismarck, North Dakota 58501

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Dear Mr. Hettinger:

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We have reviewed your request for a Department of the Army (DA) permit verification for the proposed Heart Butte Safety of Dams Modification Project. The project will include construction of a stability berm on the downstream side of the Heart Butte Dam to ensure the continued safe condition of the dam. This project is located in a portion of the E½ of Section 13, Township 136 North , Range 89 West, Grant County, North Dakota .
Based on the information that was provided to this office, construction of the stability berm would result in the permanent filling of 0.55-acres of field delineated wetlands, including the placement of rock riprap along the toe edge of the stability berm . The project would also include temporary impacts to approximately 0.78-acres of waters and wetlands within the Heart River channel, downstream of the modification area, for the construction of a temporary coffer dam, in order to facilitate construction of the stability berm. All temporary fills will be removed following project completion. We have determined activities in waters of the U.S. associated with this Safety of Dams Project are authorized by Nationwide Permit Number (NWP) 3 Maintenance, found in the December 27 , 2021 Federal Register (86 FR 73522) , Reissuance and Modification of Nationwide Permits. Enclosed is the Fact Sheet that fully describes the Nationwide Permit and lists the General and Regional Conditions that must be adhered to for this authorization to remain valid. Please note that deviations from the original plans and specifications provided for this project could require additional authorization from this office.
This determination is applicable only to the permit program administered by the US Army Corps of Engineers. It does not eliminate the need to obtain other applicable Federal , state, tribal and local approvals as required before beginning work. Within 30 days after completion of the authorized work, you must sign the enclosed Compliance Certification and return it to this office.