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Public Notice Information

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SWL 2019-00194

Published Jan. 30, 2020
Expiration date: 2/20/2020

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 regulator, Chris Joyner, telephone number:  (501) 340-1381, mailing address:  Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas  72203-0867, email address:

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

                                 Mr. Travis Koestner
                                 Missouri Department of Transportation (MoDOT)
                                 105 West Capitol Avenue
                                 Jefferson City, Missouri  65102

has requested authorization for the placement of dredged and fill material in waters of the United States (WOTUS) associated with the construction of an approximately five-mile section of four-lane interstate highway on new alignment, referenced as the McDonald County Interstate 49 Bella-Vista Bypass project.  Work will include construction of a standard diamond interchange at Missouri Route 90 with bridge (A7000) over Future I-49, grading (cut and fills), median barrier construction, and box culvert construction for hydraulic conveyance of stream flows under Future I-49.  The Project will impact 12 jurisdictional streams (0, 0.75, 1, 2, 3, 5, 6, 7, 9, 10, 11, 12) and an existing MoDOT mitigation area (No. 263886) that was previously permitted under Department of the Army Permit No. 17757.  Total impacts to WOTUS include approximately 8,640 linear feet of stream impacts, in addition to, approximately 581 linear feet of stream impacts to the existing mitigation area (No. 263886).  The project site will impact Goodin Hollow Creek and tributaries, White Oak Hollow Creek, Mill Creek tributaries, and Rattlesnake Hollow Creek, located in parts of sections 10, 15, 21, 22, 27, 28, and 34, Township 21 North, Range 32 West, in McDonald County, Missouri.

The purpose of the project is to provide increased traffic safety and accessibility for the purpose of Interstate commerce through a multi-State Interstate System extending from Shreveport, LA to Kansas City, MO, as established in the Intermodal Surface Transportation Efficiency Act (ISTEA).  The project is not water dependent.

The main site for the project will require approximately 309 contiguous acres of new highway right-of-way south of Pineville, McDonald County, Missouri, extending south to the Arkansas – Missouri State line.  The project will include tree clearing and grubbing of approximately 236 acres to construct the highway system and interchange.  A total of 12 jurisdictional streams were identified within the project area.  Six additional drainage features were identified within the project area lacking ordinary high water marks.  No wetlands were identified adjacent to the streams or within the project area.

The total project impacts from all phases of the proposed project will include filling, piping and morphological changes associated with channel relocations, box culvert construction, and energy dissipater construction.  Two streams (0, 6) totaling 2,029 linear feet (0.96 acres) will be relocated and filled with approximately 1,539 cubic yards of fill material.  Ten streams (0.75, 1, 2, 3, 5, 7, 9, 10, 11, 12) totaling 4,939 linear feet (1.64 acres) will be impacted with approximately 6,687 cubic yards of reinforced concrete from the construction of box culverts or special design reinforced concrete pipe culverts.  The ten streams that will be impacted with box culverts will also have a total of 1,672 linear feet (0.64 acres) of impacts associated with morphological changes from the placement of 3,605 cubic yards of type 2 rock for energy dissipation structures at the culvert outlets.  Additionally, the proposed activity will impact an existing MoDOT stream mitigation area (No. 263886), authorized under Department of the Army permit No. 17757 that offset 330 linear feet of impacts by realigning Goodin Hollow Creek, associated with MoDOT project No. J7P0601C.  Approximately 581 linear feet (0.34 acres) of Goodin Hollow Creek that lies within this mitigation area will be impacted with 1.56 acres of the stream riparian restoration buffer.  No wetlands will be impacted within the project area.  Typical best management practices such as silt fencing and other construction methods would be used to mitigate impacts to water quality and other resources.

The applicant has investigated alternative project sites located in various locations in the southern United States.  The project corridor (Preferred Alternative) was determined by the applicant to be the least damaging practical alternative in the final environmental impact statement reevaluation.  The roadway fills are designed to be the minimum necessary to construct the I-49 4-lane highway.

The applicant has avoided potential impacts to the environment and natural resources from the project through careful selection of the proposed project site.  The applicant has further avoided potential impacts through the proposed project layout and design.

Compensatory mitigation requirements for impacts to the streams will utilize the latest revision of the State of Missouri Stream Mitigation Method.  The applicant proposes to mitigate for unavoidable impacts by off-site permittee responsible mitigation, at a proposed mitigation site located in Elk River within the Elk River Watershed near Pineville, McDonald County, Missouri, through the proposed restoration and preservation of approximately 7,155 linear feet of perennial stream (Sheets 30-35 of 35).

The location and general plan for the proposed work are shown on the enclosed sheets (Sheets 1-29 of 35).

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 Code of Federal Regulations (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 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 February 20, 2020.  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.


Approximate Coordinates of Project Center

Latitude:  36.529818                                           Longitude:  -94.390766


UTM Zone:  15           North:  4043615          East:  375493