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Public Notice Information

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SWL 2009-00100-GG

Published July 27, 2015
Expiration date: 8/26/2015

CONSIDERATION OF REISSUANCE OF A REGIONAL GENERAL PERMIT
for the placement of dredged and fill material in waters of the United States associated with the exploration for and subsequent production of hydrocarbons.

TO WHOM IT MAY CONCERN:  Comments are invited on the renewal of the regional general permit 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, Mr. Jim Ellis, telephone number:  (501) 324-5295, mailing address:  Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas  72203-0867, email address:  Jim.D.Ellis@usace.army.mil

Background.  On June 10, 2010, the US Army Corps of Engineers, Little Rock, Memphis, and Vicksburg Districts issued a regional general permit, which would authorize the construction of exploration and production wells for oil and gas and their supporting fills and structures in waters of the United States.  As lead Corps District in the state, Little Rock District is responsible for coordinating advertisement and review of comments on this statewide regional general permit.  The authority for permit issuance is found in Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403) and Section 404 of the Clean Water Act (33 U.S. Code 1344).  Corps districts are authorized to develop regional general permits in accordance with Title 33, Code of Federal Regulations Parts 325.2(e)(2) and 325.5(c)(1).

Proposed Reissuance.  This regional general permit has proven to be successful in authorizing a minor, noncontroversial category of work that has had no significant individual or cumulative adverse environmental impacts, and we propose to reissue the regional general permit for an additional five (5) years.  Seventy-six (76) projects have been approved under this regional general permit since June 10, 2010.

Copies of the regional general permit and procedures for verifying authorization are enclosed.  The documents attached are as presently administered with minor revisions to update the documents.

Notification/Verification Requirement.  Anyone wanting to do work under the proposed regional general permit must notify the appropriate Corps District and receive verification that the proposed work met the limits of the regional general permit.  The notification/verification details are outlined in the Procedures for Verifying Authorization attached to the regional general permit.

Compliance with Other Laws.  All applicable statutes, regulations, and administrative policies and agreements, including the National Environmental Policy Act of 1969, will be considered in the decision to reissue the proposed regional general permit.  A copy of this notice is being furnished to the U.S. Fish and Wildlife Service and appropriate state environmental agencies to solicit their comments on the reissuance of this proposed regional general permit.  During the verification process for this proposed regional general permit, 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.

Water Quality Certification.  By copy of this public notice, water quality certification is being requested from the Arkansas Department of Environmental Quality in accordance with Section 401(a)(1) of the Clean Water Act.  Upon completion of the comment period, a determination relative to water quality certification will be made.

Public Involvement.  Any interested party is invited to submit to the above-listed POC written comments, objections or suggestions related to this proposed reissuance on or before August 26, 2015.  Comments, both favorable and unfavorable, will be accepted and made a part of this record and will receive full consideration in determining whether it would be in the public interest to reissue the regional general permit.

Any person may request, in writing, prior to the expiration date of this public notice, that a public hearing be held to consider the proposed regional general permit.  Such requests 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 also includes any addressees who have asked to receive copies of all public notices.  Please disregard 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