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Public Notice Information

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SWL 2021-00250

Published March 27, 2023
Expiration date: 4/26/2023

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, Johnny McLean, telephone number:  (501) 340-1382, mailing address:  Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas  72203-0867, email address:  An electronic copy of the Arkansas Department of Transportation-Eleven Point River Mitigation Bank prospectus, along with the proposed plans, can be viewed on the Little Rock District, Regulatory Division webpage at or a hard copy can be obtained from the Corps of Engineers through the contact information listed above.

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

                                                Arkansas Department of Transportation
                                                PO Box 2261
                                                Little Rock, Arkansas 72203-2261

proposes the establishment of a stream mitigation bank located in Randolph County, approximately eight miles northwest of Pocahontas, in section 5, T. 19 N., R. 1 W., Randolph County, Arkansas.   The proposed 17-acre site is located on the north (left descending) bank of the Eleven Point River.  ArDOT has submitted their Eleven Point River Mitigation Bank prospectus.  The prospectus outlines the proposal for developing and operating the bank, which is known as the mitigation banking instrument (MBI).  After public comments are received and any issues are resolved on the prospectus, Arkansas Department of Transportation (ArDOT) will submit a draft banking instrument to the District Engineer.  The District Engineer will then distribute the draft banking instrument to the Interagency Review Team (IRT), which is made up of the Corps and the pertinent State and Federal resource agencies.  The IRT will review the banking instrument and coordinate with Arkansas Department of Transportation on any issues until a final banking instrument is completed.  Finally, the District Engineer will review the final instrument and make a decision to approve or not approve.

The primary purpose of this bank is to mitigate for unavoidable impacts to streams for highway construction and maintenance authorized under Section 404 of the Clean Water Act and the bank is located within the U.S. Army Corps of Engineers Little Rock District.  The primary goal of this mitigation bank is to stabilize and restore the north riverbank of the Eleven Point River.  The existing north bank of the river at this location is experiencing an accelerated lateral migration, which is introducing large amounts of sediment into the river during each bank full event.  Restoration efforts to the north bank would be accomplished by terracing approximately 1,200 linear feet of the existing riverbank and installing live fascines and geolifts with live brush, logs and root wads.  The toe of the bank would be protected with large rock.  The proposed work would be accomplished in four different zones.

• Zone 1: Slope; seeded with both permanent and temporary ground cover, planted with bare root trees and shrubs.

• Zone 2: Terrace; seeded with both permanent and temporary ground cover, planted with bare root trees and shrubs over the back half of the terrace and planted with live stakes over the front half of the terrace.

• Zone 3: Slope; seeded with both permanent and temporary ground cover, planted with live stakes.

• Zone 4: Terrace; seeded with both permanent and temporary ground cover planted with
live stakes.

The 17-acre site is part of a 55.6-acre site that was previously purchased for permittee-responsible wetland mitigation.  The 17 acres consist of 1,200 linear feet of the river plus the adjacent riparian area that will be terraced.  ArDOT owns 900 linear feet of river frontage and the remaining 300 linear feet of the restoration project will be completed under a temporary construction easement on the adjacent landowner.  The site was previously used for cattle and hay production.

The primary considerations for the selection of this site include watershed needs and the need to stabilize a stream bank that is actively migrating.  This property is suitable for helping restore a portion of the Eleven Point River’s natural state of equilibrium.  Restoring the north bank on the Eleven Point River will reduce sediment loads entering into the river during bank full flood events.

The proposed geographic service area would include the sub-basins (8-digit HUCs) in the Ozark Highlands.  The proposed primary service area would include the Eleven Point (11010011) and Spring (11010010) Rivers, and the Strawberry River (11010012) as a secondary service area.  These sub-basins all are encompassed by the Upper White subregion (HUC 110100).  Historically, stream and wetland mitigation sites have been difficult to obtain in these watersheds.

The 2011 Little Rock Stream Method would be used as the functional assessments and credit generation mechanisms for this bank.  ARDOT will manage its property for the operational life of the bank.  The operational life of the bank terminates when compensatory mitigation credits have been exhausted and the bank site is self-sustaining.  Subsequently, ARDOT may enter into a management agreement with an appropriate state or Federal agency, or conservation organization provided the selected organization manages the property in accordance with the provisions of the MBI.

The location and general plan for the proposed work are shown on the enclosed sheets 1 through 10 of 10.

Cultural Resources.  ArDOT staff archeologists will review topographic maps, the National Register of Historic Places, and other data on reported sites in the area.  The FHWA will be the lead agency for coordination with all associated Native American Nations and tribal governments.  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.

Regulatory Authority.  Implementation of the proposed mitigation bank will require Department of the Army Authorization under Section 404 of the Clean Water Act.  Based on preliminary evaluation by the USACE, it appears the proposed bank may be authorized by Nationwide Permit 27 for Aquatic Habitat Restoration, Establishment, and Enhancement Activities.

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 April 26, 2023.  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:  36.319823     Longitude:  -91.098057

UTM Zone:  15N                    North:  3763082     East:  548262