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 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: Arkansas Department of Transportation (ARDOT)
PO Box 2261
Little Rock, Arkansas 72203-2261
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Black River. The proposed project is located south of Biggers and approximately six miles east of the City of Pocahontas, in sections 22, 27, and 28, Township 19 North, Range 2 East, Randolph County, Arkansas.
PROPOSED WORK: Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that ARDOT has requested authorization for work in waters of the United States associated with establishing a wetland mitigation bank. The proposed 614-acre site is located on the west side and immediately adjacent to the Arkansas Game and Fish Commission (AG&FC) - Dave Donaldson Black River Wildlife Management Area (WMA). ARDOT has submitted their Black River Mitigation Bank prospectus. The prospectus outlines the proposal for developing and operating the bank, which is known as the mitigation banking instrument (MBI). After public comments are received and any issues are resolved on the prospectus, ARDOT will submit a draft banking instrument to the District Engineer. 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 ARDOT 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 wetlands for highway construction and maintenance authorized under Section 404 of the Clean Water Act. Many of the wetland and stream impacts for future Interstate 57 (Walnut Ridge to the Missouri State Line) would be mitigated at this location. The management goal for the mitigation bank is the enhancement, restoration and preservation of wetlands and streams. Objectives include the preservation of existing forested wetlands and restoration of bottomland forested wetlands through the reforestation of agricultural fields. Other objectives include stream channel preservation and restoration, and riparian buffer preservation and restoration. Hydrology will be restored by removing the existing farm levees and reestablishing the historic stream channel connectivity. Approximately 8.3 acres of wetlands will be preserved and approximately 476.5 acres of wetlands will be restored. The wetland restoration acres will be reforested with native bottomland hardwood species. There is approximately 13,514 linear feet of stream that will include channel preservation and a combination of 11.6 acres riparian buffer preservation and 63.1 acres of riparian buffer restoration. Approximately 2,777 linear feet of stream channel will be reconstructed to reconnect natural stream function within the mitigation bank. Additionally, 8.1 acres of uplands will be preserved, and 46.6 acres of uplands will be reforested.
The primary considerations for the site selection were watershed needs, baseline conditions and habitat connectivity. The Arkansas Game and Fish Commission has several documented occurrences of the Federally endangered Northern Long-eared Bat (Myotis septentrionalis) and Indiana Bat (Myotis sodalis) throughout the Black River WMA.The entire proposed mitigation bank is located within the floodplain of the Black River. The majority of the property was in rice production through 2024. The proposed Black River Mitigation Bank is within the Western Lowlands Holocene Meander Belts Ecoregion (EPA Level IV) within the Mississippi Alluvial Plain Ecoregion (EPA Level III). Soils on the site are mapped (Figure 7) into four soil units by the USDA (Soil Survey of Randolph County, Arkansas 1980). Kobel silty clay loam is listed as hydric, on 0 to 3 percent slopes, and is described as a very deep, poorly to very poorly drained, and very slowly permeable soils that formed in clayey alluvium located in level floodplains within the Western Lowlands of the lower Mississippi Valley. Crowley silt loam is listed as hydric, on 1 to 3 precent slopes, and is described as very deep, somewhat poorly drained, very slowly permeable soils that formed in clayey fluviomarine deposits of the Pleistocene age.These nearly level to very gently sloping soils occur on flat coastal plain terraces. Dundee silt loam has 6 percent hydric inclusions, on 0 to 8 percent slopes, and is described as very deep, somewhat poorly drained soils that formed in loamy alluvium. These soils are found on natural levees and low terraces along former channels of the Mississippi River and its tributaries in the Southern Mississippi Valley Alluvium. Amagon silt loam is listed as hydric, on 0 to 3 percent slopes, and is described as very deep, poorly drained, slowly permeable soils that formed in loamy alluvium. These soils are on low terraces in the Lower Mississippi Valley. Native vegetation within the preservation areas consists of water oak (Quercus nigra) (FAC), willow oak (Quercus phellos ) (FACW), red maple (Acer rubrum) (FAC), winged elm (Ulmus alata) (FACU), slippery elm (Ulmus rubra) (FAC), deciduous holly (Ilex decidua) (FACW), pecan (Carya illinoinensis) (FACU) and sweetgum (Liquidambar styraciflua) (FAC). The existing vegetation within the narrow riparian buffers located on the southern reach of the proposed mitigation bank consists of pin oak (Quercus palustris) (FACW), water oak (Quercus nigra) (FAC), overcup oak (Quercus lyrata) (OBL), swamp privet (Forestiera acuminata) (OBL), honey locust (Gleditsia triacanthos) (FAC), bald cypress (Taxodium distichum) (OBL), swamp chestnut oak (Quercus michauxii) (FACW) and green ash (Fraxinus pennsylvanica) (FACW). The northern reach of the existing stream channel consist of buttonbush (Cephalanthus occidentalis) (OBL), floating primrose (Ludwiga peploides) (OBL) and Virgina dayflower (Commelina virginica) (FACW). The remainder of the proposed bank where native vegetation is not present, has been under intensive agriculture practices for several years.
The proposed geographic service area for mitigation would include four sub-basins (8-digit HUCs). This includes the Upper Black (11010007), the Lower Black (11010009), the Upper White-Village (11010013) and the Current (11010008). These sub-basins all are included in the Upper White Sub-Region of the Arkansas-White-Red Hydrological Region.
The 2002 Charleston Method with the SWL Addendum and the 2011 Little Rock District Stream Method would be used as the functional assessment and credit generation mechanisms for this bank. ARDOT is the owner of the property and has recorded a restriction on the Warranty Deed to the property. The restriction requires that any activity on the property complies with the terms of a mitigation plan or banking instrument. ARDOT will manage the property for the operational life of the bank. The operational life of the bank terminates when compensatory mitigation credits have been exhausted and the bank site is self-sustaining. ARDOT may deed the property to or enter into a management agreement with an appropriate State or Federal agency provided the agency manages the property in accordance with the provisions of the MBI.
The location and general plan for the proposed work are shown on the enclosed sheets 1 through 11 of 11. A copy of the prospectus can be found with the public notice at: https://www.swl.usace.army.mil/Missions/Regulatory/Public-Notices/
CULTURAL RESOURCES: ARDOT staff archeologists will review topographic maps, the National Register of Historic Places, and other data on reported sites in the area. The FHWA will be the lead agency for coordination with all associated Native American Nations and tribal governments. 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 has performed an initial review of the application, the U.S. Fish and Wildlife Service (USF&WS) 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 will not affect any listed species or 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. Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Federal Highway Administration (FHWA) is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by ARDOT acting on behalf of the FHWA.
NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not 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 not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: The project, if approved, would be authorized with a general water quality certification in accordance with Nationwide Permit No. 27 (Aquatic Habitat Restoration, Enhancement, and Establishment Activities).
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 September 1, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Johnny McLean at Johnny.L.McLean@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: 36.257790° Longitude: -90.853711°
UTM Zone: 15N North: 4014677 East: 692780