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NRCS and Corps permitting, public comment remain prerequisites to Brookings County dike work
Summary
Banner told the board NRCS would review a complete application in about 30–90 days and the Corps' Section 404 process includes a public notice; consultants said if NRCS lifts wetland easement restrictions and Corps issues a 404 permit, the county would complete design, obtain permits and then bid construction, likely pushing major construction into the next construction season.
Banner Associates outlined the regulatory pathway the county would face if it decides to pursue dike reconstruction: submit an application to NRCS to temporarily subordinate wetland easement restrictions; if NRCS agrees, submit a Corps of Engineers Section 404 permit application; and secure state stormwater and flood‑plain permits where applicable.
Kelly Buscher said NRCS review of a complete application typically takes 30–90 days and that the Corps 404 process includes a public notice period of about 30 days; when asked about schedule, Banner estimated that completing design, submitting permits and going to bid could mean construction in the following construction season after permitting. "We're hoping we would have that approval [from NRCS] within 30 days," Buscher said. The consultants also listed likely permit conditions (erosion controls, seasonal construction restrictions for Topeka shiner, compensatory mitigation) that would be required before construction could begin.
Banner emphasized that the county had not yet submitted NRCS or Corps permit applications and that moving ahead requires both the county's decision to proceed and the agencies' authorizations. Commissioners said they expect Banner to return with additional information on how permits would be structured and with clarifications on what geographic extent of NRCS consideration would be (Banner said NRCS is focusing on the immediate area where construction would occur, not the entire diversion watershed).
