TO WHOM IT MAY CONCERN: The Little Rock District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403) and Section 404 of the Clean Water Act (33 U.S. Code 1344). The purpose of this public notice is to solicit comments from the public regarding the work described below:
APPLICANT: Mr. Don Bradley
Central Arkansas Intermodal Authority
117 South Moose Street
Morrilton, Arkansas 72110
AGENT: Mr. David Rupe
Crafton Tull
901 N. 47th Street, Suite 400
Rogers, Arkansas 72756
WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States associated with the McClellan Kerr Arkansas River Navigation System (MKARNS). The proposed project is located in the MKARNS, between Navigation Miles 172.6 and 172.9, on the right descending bank, in section 31, T. 6 N., R. 16 W., Conway County, Arkansas.
EXISTING CONDITIONS: The existing location is a rural area along the banks of the Arkansas River adjacent to the Arkansas Highway 9 River Bridge near Morrilton. The proposed project area is in between two U.S. Army Corps of Engineers Training Structures. The area above the ordinary high-water mark of the MKARNS contains jurisdictional wetlands.
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a river port facility.
Overall: Construction of a facility to provide multi-modal service and support for industrial development in both Conway and Perry Counties, Arkansas. The port will be utilized by local commercial entities, including Green Bay Packaging, to enhance shipping and transport, thus improving the immediate economic viability of the area.
PROPOSED WORK: Pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403) and Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that the applicant 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 multi-model port site on the MKARNS. The proposed project will include the construction of a fixed dock, dump pads, floating dock (including mooring piles), and barge slip with a 30-foot-wide concrete apron. The 60-foot-wide by 150-foot-long fixed dock includes support pylons that will be placed below the ordinary high water mark (OHWM) of the MKARNS channel. Grading associated with the dock approach will result in approximately 350 cubic yards (CY) of fill below the OHWM. The proposed two 60-foot-wide by 150-foot-long floating docks will be constructed downstream of the fixed dock and includes a conveyor and mooring poles. Dredging and/or grading associated with the floating docks will result in approximately 3,830 CYs of cut below the OHWM. The proposed 75-foot-wide by 200-foot-long barge slip will be placed downstream of the floating docks. The barge slip will incorporate a bulkhead (constructed of a sheet pile wall face and fender) with 9,166 CYs of dredge and/or grading below the OHWM of the MKARNS. There will be a 30-foot-wide concrete area to support the barge slip and the low-lying area adjacent to the slip will be filled. Grading associated with the concrete area will result in approximately 2,020 CYs. Along the shore, 3 to 5-feet-diameter mooring dolphins will be placed below the OHWM. A 38-foot-wide by 135-foot-long dump pad will be built on shore and above the OHWM. A 16-foot-wide by 90-foot-long boat ramp will be constructed immediately upstream of the Arkansas Highway 9 River Bridge and will result in approximately 54 CYs of fill below the OHWM. Approximately 0.26 acres of wetlands will be filled associated with the site grading, including the access road construction. All dredged material will be placed in an on-site upland area.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The proposed port facility was designed to minimize the adverse impacts to waters of the United States as much as possible and still achieve the functionality and goals for the project. Several alternative sites were considered and evaluated for the proposed project and this site was chosen as the preferred alternative.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to purchase stream and wetland mitigation credits from an approved mitigation bank that services the area.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes and other interested parties. A cultural resources Phase I study was conducted within an area totaling approximately 244 acres that includes the approximately 30-acre preferred alternative tract.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect, but not likely to adversely affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.
The proposed project area includes potential areas for the Endangered Indiana bat (Myotis sodalis), the Proposed Endangered Tricolored bat (Perimyotis subflavus), the Threatened Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), the Threatened Piping Plover (Charadrius melodus), the Threatened Rufa Red Knot (Calidris canutus rufa), the Proposed Threatened Alligator snapping turtle (Macroclemys temmickii), and the Candidate Monarch butterfly (Danaus plexippus). There is no critical habitat located in the project area.
Pursuant to Section 7 of the Endangered Species Act (ESA), any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The U.S. Army Corps of Engineers is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the U.S. Army Corps of Engineers.
This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
NAVIGATION: The proposed structure or activity is located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.
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. The applicant submitted a certification request to the Water Quality Planning Branch of the Arkansas Department of Energy and Environment, Division of Environmental Quality (certifying authority) with an approved water quality certification being issued on January 28, 2025.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has been verified by Corps personnel.
EVALUATION: 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 benefits, 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 cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical 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. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The Corps 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 to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to 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 (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
The Little Rock District will receive written comments on the proposed work, as outlined above, until June 9, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Gerald Dickson at Gerald.W.Dickson@usace.army.mil. Alternatively, you may submit comments in writing to Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas 72203-0867. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
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: 35.124145° Longitude: -92.734352°