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, Michael Gala, telephone number: (870) 571-3817, mailing address: Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas 72203-0867, email address: Michael.R.Gala@usace.army.mil
Project Information. Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that
City of Ellington
100 Tubbs Avenue
Ellington, Missouri 63638
has requested authorization for work, including the placement of dredged and fill material, in waters of the United States associated with the construction of a new levee along the descending right bank. The proposed project is located in Logan Creek, on the right descending bank, in the NW 1/4 of section 31, T. 30N, R. 1E, and the SW 1/4 of Section 32. T/ 30N, R. 1E, Ellington, Reynolds County, Missouri.
The project purpose is constructing a levee for flood protection for the City of Ellington.
The project involves the construction of a 1.64-mile levee and associated infrastructure. It includes excavating 19,545 cubic yards (CY) of material along the right descending bank and below Logan Creek's Ordinary High Water Mark (OHWM) that will be discharged into uplands, the discharge of 45,550 CY of material above the OHWM for the levee, and 3,850 CY of clean fill material below the OHWM for bank stabilization. All areas disturbed and not being armored will be replanted with native vegetation.
The project area is along the right descending bank of perennial Logan Creek. The primary project area is within the riparian corridor of Logan Creek, dominated by large trees with a sand and gravel substrate. Below the OHWM along the right descending bank is primarily gravel bars, and the primary soil type is sandy loam. The furthest downstream area is primarily commercial, small businesses, city buildings, and recreational areas. The middle section of the project is primarily residential and has areas where Logan Creek is within 10-15 feet of public instruction. This section also identified two areas on the National Wetland Inventory as Palustrine Forested wetlands; however, a field investigation only identified uplands within that area with well-drained sandy soils, no hydrology, or hydric vegetation. In the furthest upstream areas, several bends within Logan Creek are between 15 and 30 feet from public infrastructure, which would likely undercut the adjacent roads. This area contains primarily small farms on the creek side of County Road 106. All the areas on the inspected outer bends had undercut banks with sluffing of bank material into the creek.
The applicant has avoided and minimized impacts by keeping the project's footprint below the OHWM as small as possible. The applicant has proposed to buy credits for unavoidable impacts from the Land Learning Foundation.
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. This public notice is issued jointly with the Missouri Department of Natural Resources, Water Protection Program. The Department of Natural Resources will use the comments to this notice in deciding whether to grant Section 401 water quality certification. Commenters are requested to furnish a copy of their comments to the Missouri Department of Natural Resources by email at wpsc401cert@dnr.mo.gov or by mail at P.O. Box 176, Jefferson City, Missouri 65102. In accordance with Certification Rule Part 121.6, the Corps and Missouri Department of Natural Resources, Water Protection Program have 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 June 17, 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.
Enclosures
Approximate Coordinates of Project Center
Latitude: 37.243 Longitude: -90.978
UTM Zone: 15N North: 4123745.365265 East: 679345.520456