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NOTE: Due to budget cuts and escalating costs in processing and mailing of these public notices, we are requiring email addresses and internet access.  Only under special circumstances will we send copies of the public notices via the U. S. Postal Service.

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SWL 2019-00216

CESWL-RD
Published March 12, 2025
Expiration date: 4/11/2025

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. An electronic copy of the View Point Farms Mitigation Bank prospectus can be viewed on the Little Rock District, Regulatory Division webpage at http://www.swl.usace. army.mil/Missions/Regulatory/PublicNotices.aspx 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

View Point Farms Mitigation Bank
Wycar Land Company, LLC
315 Texas Street
Bossier City, Louisiana 71111

has submitted their View Point Farms Mitigation Bank prospectus. The prospectus outlines the proposal for developing and operating the bank, which is known as the banking instrument. After public comments are received and any issues are resolved on the prospectus, View Point Farms Mitigation Bank will submit a draft banking instrument to the District Engineer of the Little Rock District. 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 View Point Farms Mitigation Bank 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 authorized under Section 404 of the Clean Water Act. The project goal is to restore and enhance streams functions and values within the mitigation bank area.

Wycar Land Company, LLC proposes to create 110+/- acres as a sustainable stream ecosystem by restoring and enhancing the channelized streams and enhancing portions of other creeks and other streams on the property. Currently, there are approximately 32,887 linear feet of streams on the property. By adding an additional approximately 3,255 linear feet of stream, captured from the restoration of historic channels and through the use of the existing floodplain to re-establish the meander patterns, the stream length will total approximately 36,142 linear feet.

The 2011 Little Rock Stream Method would be used as the functional assessment and credit generation mechanism for this bank.

The location and general plan for the proposed work are shown in the prospectus.

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. The Corps determination is that the proposed activity will have no effect on the Eastern Black Rail (Laterallus Jamaicensis ssp.), Piping Plover (Charadrius melodus), and Rufa Red Knot (Calidris canutus rufa). The Corps determination is the project is not likely to jeopardize the Alligator Snapping Turtle (Macrochelys temminckii) and Monarch Butterfly (Danaus Plexippus). The Corps determination is the proposed project may affect, likely to adversely affect, the American Burying Beetle (Nicrophorus americanus) and may affect, not likely to adversely affect, the Indiana Bat (Myotis sodalis). However, this project complies with the final 4(d) rule with incidental take covered by the Service's October 15, 2020, Intra-Service Programmatic Biological Opinion (PBO) on the final 4(d) rule for the ABB addressing "Activities Excepted from Take Prohibitions." Unless the U.S. Fish and Wildlife Service advises the Corps within 30 days of the date the verification letter dated February 11, 2025, that the IPaC-assisted determination was incorrect, that letter verifies that the PBO satisfies and concludes the Corps responsibilities for this action under the Endangered Species Act Section 7(a)(2).

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 would 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 comments or objections relative to the proposed work to https://rrs.usace.army.mil/rrs/public-notices or to the above-listed POC, on or before April 11, 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: 33.697294°                          Longitude: -94.430589°

UTM Zone: 15N      North: 367416.102558       East: 3729511.771867


Questions or Comments

Email:  CESWL-Regulatory@usace.army.mil
Phone Number:  501-324-5295


Submit Applications to:
U.S. Army Corps of Engineers
ATTN: CESWL-RD
P.O. Box 867
Little Rock, AR  72203