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SWL 2015-00216

Posted: 7/27/2015

Expiration date: 8/21/2015


TO WHOM IT MAY CONCERN:  Comments are invited on the work described below.  Please see the Public Involvement section for details on submitting comments.

Point of Contact.  If additional information is desired, please contact the project manager, Rocky Presley, telephone number:  (501) 340-1390, mailing address:  Little Rock District Corps of Engineers, Branson Regulatory Field Office, 4600 Hwy 165, Branson, Missouri  65616, email address:  Rocky.L.Presley@usace.army.mil

Project Information.  Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that

                                                Ozarks Golf & Hunt Club, LLC (Bass Pro Shops)
                                                
980 Ridgedale Road
                                                
Ridgedale, Missouri  65739

has requested authorization for the placement of dredged and fill material in waters of the United States associated with expansion of the Murder Rock Golf Course.  The project site includes unnamed tributaries to Turkey Creek, and is located in portions of sections 27, 28, 33, and 34, T. 22 N., R. 21 W., Hollister, Taney County, Missouri.

The basic purpose of the project is to construct a golf course.  The overall purpose of the project is to expand the existing Murder Rock Golf Course to 18 holes and create numerous water features within the course.  The project is not water dependent.

The project involves construction of nine new golf holes with fairways, expansion of the existing practice area, and creation of various water features within existing streams.  With the proposed improvements, the expanded golf course would encompass a total of 620 acres.   Proposed work includes construction of dams to create 17 small lakes providing water hazards and aesthetics for the golf course.  Construction of the lakes would impact an approximate total of 3,600 linear feet of four ephemeral tributaries to Turkey Creek.  The project also includes construction of a recirculating water feature impacting approximately 750 linear feet of stream channel at the upstream end of the largest tributary on the site.

Approximately half of the project area has been previously disturbed due to construction of the existing golf course.  The undisturbed areas within the project site include several glade ridge tops bisected by forested stream valleys and ravines with small, headwater tributaries to Turkey Creek.

The project would include avoidance of a total of 1,000 linear feet of two ephemeral tributaries within the golf course which would remain in their natural state.  The applicant proposes to provide compensatory mitigation for all stream impacts through the Stream Stewardship Trust Fund In-lieu Fee Program.

The location and general plan for the proposed work are shown on the enclosed sheets.

Water Quality Certification.  By copy of this public notice, the applicant is requesting certification from the Missouri Department of Natural Resources that the operation of the proposed facility will apparently not violate the existing water quality criteria of the State of Missouri.  The Commission hereby gives notice of its intent to certify this construction.  A Corps of Engineers permit will not be issued until such certification has been granted.  Commenters are requested to furnish a copy of their comments to the Missouri Department of Natural Resources.

Cultural Resources.  A Corps staff archeologist will review topographic maps, the National Register of Historic Places, and other data on reported sites in the area.  The District Engineer invites responses to this public notice from Native American Nations or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns with historic properties in the area.

Endangered Species.  Our preliminary determination is that the proposed activity will not affect listed Endangered Species or their critical habitat.  A copy of this notice is being furnished to the U.S. Fish and Wildlife Service and appropriate state agencies and constitutes a request to those agencies for information on whether any listed or proposed-to-be-listed endangered or threatened species may be present in the area which would be affected by the proposed activity.

Floodplain.  We are providing copies of this notice to appropriate floodplain officials in accordance with 44 CFR Part 60 (Floodplain Management Regulations Criteria for Land Management and Use) and Executive Order 11988 on Floodplain Management.

Section 404(b)(1) Guidelines.  The evaluation of activities to be authorized under this permit, which involves the discharge of dredged, or fill material will include application of guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act.  These guidelines are contained in 40 Code of Federal Regulations (CFR) 230.

Public Involvement.  Any interested party is invited to submit to the above-listed POC written comments or objections relative to the proposed work on or before August 21, 2015.  Substantive comments, both favorable and unfavorable, will be accepted and made a part of the record and will receive full consideration in determining whether this work would be in the public interest.  The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources.  The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments.  All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.

The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity.  Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider this application.  Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.  The District Engineer will determine if the issues raised are substantial and whether a hearing is needed for making a decision.

NOTE:  The mailing list for this Public Notice is arranged by state and county(s) where the project is located, and includes any addressees who have asked to receive copies of all public notices.  Please discard notices that are not of interest to you.  If you have no need for any of these notices, please advise us so that your name can be removed from the mailing list.

Enclosures

Approximate Coordinates of Project Center

Latitude:  36.56662                   Longitude:  -93.19906

UTM Zone:  15        North:  4046816                 East:  482188

public notice USACE