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Public Notice Information

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SWL 2013-00418

Published March 22, 2024
Expiration date: 4/16/2024

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, Emily Edwards, telephone number: (501) 340-1374, 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

                                         Dream Big Investments, LLC
                                         Mr. Chase Martin
                                         9600 Rowlett Drive
                                         North Little Rock, AR 72113

has requested authorization for the placement of dredged and fill material in waters of the United States associated with residential and commercial development. The proposed project is located in wetlands and unnamed tributaries of White Oak Bayou, in the NW 1/4 of section 10, T. 2 N., R. 13 W., North Little Rock, Pulaski County, Arkansas.

The project purpose is to construct multi-family residential and commercial developments.

The project site is approximately 30 acres and has previously been used for silviculture activities which has left the project area slightly disturbed. Ten wetlands consisting of approximately 4.1 acres and three streams totaling approximately 2,150 linear feet will be impacted by the project. One stream (S-1) will be partially avoided along the stream’s northern section. All other aquatic resources will be impacted. Mechanized land clearing, grading, parking lot, road, and building construction will take place using suitable equipment in association with the construction of the developments. Implementation of erosion and sediment controls at the site will minimize water quality impacts to downstream receiving waters. Adjacent properties to the north and west are commercial facilities with Maumelle Boulevard bordering the property on the south and Counts Massie Road bordering the property to the east. The northern and central parts of the property are forested with a mixture of pine and hardwood tree species. The southern section of the property is a field containing herbaceous vegetation. The streams generally flow west and exit the property in the northwest corner directly into an offsite permittee responsible mitigation area associated with Department of the Army Permit No. SWL 2003-18635.

The applicant proposes to mitigate for the impacts by using the permittee responsible mitigation method on a site within the White Oak Bayou watershed. According to a previous decision associated with SWL-1776-06988 White Oak Bayou Watershed Public Notice, any project that was issued a Corps permit located within the White Oak Bayou watershed and required compensatory mitigation, that mitigation must be located within the watershed and preservation could be used solely as the means of compensatory mitigation. The selected site for the proposed mitigation is approximately 1.6 miles northeast of the impact area and is north of White Oak Crossing and east of Timberland Trail. This site is in the five-year flood plain of the White Oak Bayou and contains forested wetlands, an unnamed tributary of White Oak Bayou, and White Oak Bayou. The mitigation site is of higher quality and has more continuity to other high-quality wetlands. The mitigation’s work plan will include preservation of approximately 2,250 linear feet of stream channel with a 25-foot riparian buffer along both sides of White Oak Bayou and approximately 250 feet of stream channel with 25-foot riparian buffer on an unnamed perennial tributary of White Oak Bayou. For more information on the permittee responsible mitigation plan please see the attached Mitigation Plan document.

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 November 27, 2023, 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 solely responsible for requesting certification and providing required information to the certifying agency. As of the date of this public notice, the applicant has not submitted a certification request to the Arkansas Department of Energy and Environment, Division of Environmental Quality (certifying authority). In accordance with Certification Rule Part 121.6, the Corps and ADEQ have determined the reasonable period of time for the certifying agency to act upon the certification request is 10 days once the applicant submits a certification request to the certifying agency.  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 April 16, 2024. 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: 34.827393°       Longitude: -92.384919°

UTM Zone: 15N             North: 3854074           East: 556245


Approximate Coordinates of Mitigation Site Center

Latitude: 34.844785°       Longitude: -92.357976°

UTM Zone: 15N             North: 3856018           East: 558696