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SWL 2021-00187-1

Published June 27, 2022
Expiration date: 7/22/2022

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, Cynthia Blansett, telephone number:  (501) 340-1370, 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

                                Brad Baldwin PE, GISP, CFM
                                City of Springdale
                                201 Spring Street
                                Springdale, Arkansas  72764

has requested authorization for the placement of dredged and fill material in waters of the United States associated with construction of a 14-acre detention pond at the City of Springdale airport.  The proposed project is located in Spring Creek, unnamed tributaries of Spring Creek and emergent wetlands, in section 31, T. 18 N., R. 29 W., Springdale, Washington County, Arkansas.

The project purpose is to construct an approximately 14-acre stormwater detention basin in an unnamed tributary of Spring Creek.

The project proposes to place dredged and fill material into three wetland features, totaling approximately 0.34 acres and approximately 1,536 linear feet of streams.  The proposed activities include removal and grading of native material within the footprint of the stormwater detention basin, installing a concrete trickle channel, replacement of an existing outfall structure and installation of a riprap dissipation pad in Spring Creek, below the existing grade.  The grading of the stormwater detention basin footprint will include impacts to two existing onsite drainage channels by dredging to lower the grade, then installing a concrete trickle channel.  Following excavation/grading, the trickle channel will require discharge of approximately 69 cubic yards of material (crusher screening and concrete).  The existing outfall structure along the north side of Spring Creek will be removed and replaced with a new outfall structure.  A riprap channel protection dissipation pad will be placed in Spring Creek at the stormwater detention basin outfall.  The dissipation pad will be depressed to match the approximate existing channel grade.  Installation of the dissipation pad will involve removal of existing stream bed material, then filling with approximately 130 cubic yards of riprap armoring material.

The applicant evaluated six alternatives, including the preferred alternative.  These alternatives included no build (Alternative B), placement of a detention pond within Spring Creek itself (Alternative C), creation of a stormwater detention basin east of the airport runway (creating greater flooding hazards) (Alternative D), construction of numerous stormwater detention basins upstream within the watershed (Alternative E) and review of other site alternatives (Alternative F).  The preferred alternative results in avoidance of more natural drainage features as compared to the man-made features.

The proposed project will involve dredging, filling and inundation of WET-A, WET-B, WET-C, DD-1 and DD-2, as well as the armoring of a small portion of INT-1 (identified in attached maps/drawings).  The onsite wetland features are maintained (mowed) on a regular basis and the functions and values are proposed as minimal.  The impacts to DD-1 and DD-2 will convert these features from intermittent drainages to concrete trickle channels that will be periodically inundated and serve as stormwater detention.  Impacts to INT-1 (Spring Creek) will be limited to armoring of a short reach of the channel.  Approximately 1,536 linear feet of intermittent stream and 0.34 acres of emergent wetlands will be impacted by the proposed project.

Impacts resulting directly from the proposed detention project will require the purchase of approximately 3,599 stream credits (2011 Little Rock Stream Method) and 2.77 wetland credits (2002 Charleston Method) from an approved mitigation bank.

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

Water Quality Certification.  The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 Code of Federal Regulations (CFR) Part 121), effective September 11, 2020, requires certification for any license or permit that authorizes an activity that may result in a discharge.  The scope of a CWA Section 401 certification is limited to assuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements.  The applicant is responsible for requesting certification and providing required information to the certifying agency.  The applicant submitted a certification request to the Water Quality Planning Branch of the Arkansas Department of Energy and Environment, Division of Environmental Quality (certifying authority) with copy to the Corps on May 10, 2022.  In accordance with Certification Rule Part 121.6, the Corps has determined the reasonable period of time for the certifying agency to act upon the certification request is 60 days.  In accordance with Certification Rule Part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received the subject certification.  The Administrator is responsible for determining if the discharge may affect water quality in a neighboring jurisdiction.  The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.

Cultural Resources.  A Corps staff archeologist will evaluate the proposal for compliance with Section 106 of the National Historic Preservation Act, including identification and evaluation of cultural resources potentially impacted by the proposal's implementation in waters of the United States.  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 Code of Federal 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 July 22, 2022.  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:  36.18094     Longitude:  -94.12027

UTM Zone:  15N        North:  4004599          East:  399262