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, Rocky Presley, telephone number: (417) 213-4796, mailing address: Little Rock District Corps of Engineers, Branson Regulatory Field Office, 4600 Hwy 165, Branson, Missouri 65616, email address: Rocky.L.Presley@usace.army.mil
Project Information. Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that
Missouri American Water Company (MAWC)
727 Craig Road
St. Louis, Missouri 63141
has requested authorization for the placement of dredged and fill material in waters of the United States associated with development of the Missouri American Water Reservoir, which would provide water supply for the City of Joplin and surrounding communities in the MAWC service area. The project involves construction of a dam and reservoir on Baynham Branch and the installation of water supply pipelines from Shoal Creek to the reservoir, and from the reservoir to the treatment plant. The project area is located approximately 10 miles southeast of Joplin, in sections 23 and 24, T. 26 N., R. 32 W., and sections 17, 18, and 19, T. 26 N., R. 31 W., Newton County, Missouri.
The project purpose is to provide a long-term water source for the City of Joplin and nearby communities to meet current and projected water supply demands. The proposed reservoir would have the potential to provide up to 20 million gallons per day (mgd) for the MAWC service area. Current water supply sources for the service area include an intake on Shoal Creek and 10 groundwater wells which pump water from the Ozark aquifer. As the population and economy of southwestern Missouri continue to increase, these existing water sources would not meet current or projected water demands during potential drought conditions.
The project involves construction of an earthen dam on Baynham Branch to create an 828-acre water supply reservoir with a maximum normal pool depth of 80 feet. Baynham Branch is an intermittent tributary to Shoal Creek within the Spring River watershed. The dam would be located 0.6 miles upstream from the confluence of Baynham Branch and Shoal Creek. The drainage area upstream of the reservoir site would be 15.7 square miles. At the normal pool level elevation of 1,040 feet, the proposed reservoir would have a storage capacity of 23,800 acre-feet. The proposed reservoir would inundate an approximate total of 34,728 linear feet of streams – 1,612 feet perennial, 23,361 feet intermittent, and 9,755 feet ephemeral. The reservoir would also inundate a total of 7.33 acres of wetlands – 5.93 acres palustrine emergent, 0.30 acres palustrine forested, and 1.10 acres farmed wetlands. The reservoir construction would require relocations of existing roads and utility lines, or closures and abandonment due to inundation within the reservoir footprint.
The project would include construction of a water intake on Shoal Creek west of the dam and installation of a 2.7 mile, 36-inch pipeline and inlet structure on the south side of the reservoir. To provide the daily yield needed for the service area, supplemental water would be pumped out of Shoal Creek to the reservoir during times when flows in Shoal Creek exceed the 7Q10 flow rate, which is the lowest 7-day average flow that occurs (on average) once every 10 years. The project also includes construction of a new 10.2-mile, 36-inch water transmission pipeline to convey water from the reservoir to the Blendville Water Treatment Plant. The pipeline would extend from a proposed pump station at the dam and would generally run along the north side of Shoal Creek to the existing intake south of the Blendville plant. The pipeline would be constructed along existing roads and rights-of-way as feasible. The pipeline installation would include six stream crossings and would impact an estimated total of 2.9 acres of wetlands.
The proposed pipeline was recently added to the project as an alternative to the original project plan, which involved using Shoal Creek as a natural pipeline to the downstream intake and releasing water from the reservoir into the creek. Therefore, a detailed wetland delineation has not yet been completed for the proposed pipeline route.
The proposed normal pool area of the reservoir consists mostly of agricultural land with some fragmented forested areas and valleys around the pool boundary. Agricultural use includes pastures, cropland, and poultry production. Pastures primarily consist of cool season grasses and cropland consists primarily of corn and soybeans. There are two poultry, concentrated animal feeding operations in the area surrounding the normal pool. Nonagricultural uses within the normal pool and the surrounding area include a cemetery, utility lines, the George Washington Carver National Park, and county, state, and federal roads.
The initial site selection process for the reservoir included comparison of impacts to aquatic resources and endangered species to avoid and minimize project impacts to the extent possible. In addition, the reservoir size would be minimized by constructing the dam on a stream with a smaller drainage area and pumping water from a stream with a larger drainage area, which would partially avoid impacts to streams and wetlands, and reduce property acquisition. There are no current mitigation banks or in-lieu fee provider stream credits within the Spring River watershed. Therefore, the mitigation for the project may include a combination of permittee-responsible mitigation and potential future in-leu fee credits that may become available for this service area. Permittee-responsible mitigation has not been determined and is in the planning stages. Current mitigation targets include projects that provide improvements to Shoal Creek and help protect critical habitat for the endangered Neosho mucket.
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 cultural resources survey was conducted for the area which would be impacted by the proposed reservoir, excluding the proposed route of the water supply pipeline to the treatment plant. This investigation identified cultural resources within the project area and resulted in recommendations for further testing of certain sites and recommendations for eligibility to the National Register of Historic Places. A Corps staff archeologist will further evaluate the proposed project for compliance with Section 106 of the National Historic Preservation Act and will continue coordination of the project with tribal governments and appropriate agencies. 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. Resources from the U.S. Fish and Wildlife Service (USFWS) and the Missouri Department of Conservation (MDC) have been used to assess potential threatened and endangered species that could occur within the project area. A draft biological assessment has been prepared for the project and various surveys have been conducted for specific listed species. Our preliminary determination is that the proposed activity may affect listed threatened and endangered species that could occur in the project area. The Corps will conduct consultation with the USFWS under Section 7 of the Endangered Species Act and will continue coordination with other state and Federal resource agencies to evaluate project impacts to listed species.
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 3, 2025. 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: 36.95795 Longitude: -94.39359
UTM Zone: 15N North: 4091114 East: 375931