SPECIAL PROVISIONS *
WETLAND & STREAM PRESERVATION & PERMITING (CW 6-13-07)
A. Description. The U.S. Army Corps of Engineers (Corps) Section 404 permit, the
Confederated Salish and Kootenai Tribes’ Shoreline Protection Office (CSKT SPO) Aquatic
Lands Conservation Ordinance No. 87-A (ALCO) permit and the Montana Fish, Wildlife and
Parks (FWP) “Stream Protection Act” (SPA) permit obtained for this project provide coverage for
the permanent structures, roadway and other highway facilities as described in the permit
applications, shown on the plans, and described in these special provisions. These permits also
cover temporary wetland impacts or water body alterations as specifically described in the
permit applications, the existing permits, shown on the plans, and described in these special
1) Obtain Section 404, ALCO and SPA permits, authorizations, or amendments to
the existing permits or authorizations for temporary facilities, existing bridge removal,
construction access, or other work that is not already described or authorized in the existing
permits and shown on the plans, and that would disturb, fill or alter Reservation, State or U.S.
Waters or their banks. Reservation, State or U.S. Waters may include but are not limited to
naturally occurring bodies of water regardless of alteration by man such as, lakes, rivers,
streams (including intermittent streams), mudflats, wetlands, sloughs, pothole wetlands, ponds
and tributaries to these waters.
2) Meet the general provisions in 208.03.4 unless the plans, permits and
authorizations approved by the Corps, the CSKT SPO or FWP under Section C. below are more
C. Submittals. In addition to the plans and descriptions required in 208.03.4,
subsections B and C: Prepare an ALCO application, and a Joint Application For Proposed Work
In Montana’s Streams, Wetlands, Floodplains and Other Water Bodies (Joint Application), and
submit 5 copies of the applications along with supporting documentation to the Project Manager
at least 45 days before starting work that would disturb or alter Reservation, State or U.S.
Waters or their banks. Include temporary construction facilities and existing bridge removal as
described in 208.03.4 B and C as part of the applications and supporting documentation.
Consider water body diversions and dewatering activities as part of temporary construction
Contact the MDT Erosion Control and Construction Permitting Engineer to obtain copies of the
ALCO permit application form, or if you have any questions. The Joint Application form can be
obtained on the Internet at https://www.nwo.usace.army.mil/html/od-rmt/mthome.htm
D. Construction Requirements. Do not begin work on temporary facilities, existing
bridge removal, water body diversions or dewatering, or other work that would disturb, fill or
alter Reservation, State or U.S. Waters or their banks until receiving written approval from the
Corps, the CSKT SPO and FWP.
E. Basis of Payment. Consider all costs associated with this provision incidental to
performance of the work. Include the cost in the cost of other items.