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:
WATERWAY AND LOCATION: The proposed project is located in the Illinois River Watershed, in part of Section 33, Township 15 North, Range 32 West, near Lincoln, Washington County, Arkansas.
EXISTING CONDITIONS: The project area is primarily in agricultural production, consisting of hay and row crops. A wetland delineation identified 6.53 acres of emergent wetlands (nineteen distinct wetlands) and 2.223 acres of man-made ponds (four ponds). The dominant vegetation in the upland areas includes tall fescue (Schedonorus arundinaceus), Johnson grass (Sorghum halepense), Bermuda grass (Cynodon dactylon), and golden crown grass (Paspalum dilatatum). The emergent wetland areas are characterized by a wet meadow community dominated by species such as dotted smartweed (Persicaria punctata), large barnyard grass (Echinochloa crus-galli), yellow-bristle grass (Setaria pumila), and various sedges and rushes including straw-color flat sedge (Cyperus strigosus), lamp rush (Juncus effusus), broad-winged sedge (Carex alata), and Frank’s sedge (Carex frankii). Scattered mature trees, including post oak (Quercus stellata) and black tupelo (Nyssa sylvatica), were observed in the western portion of the site. Although a significant portion of the site is currently used for corn production, the presence of hydrologic and hydric soil indicators was noted. Many upland sample points exhibited wetland indicators, suggesting that a larger wetland system likely existed prior to being drained and filled for agricultural conversion. Preliminary site assessments included a wetland delineation and a plant species inventory. Observed fauna consists of generalist species such as whitetail deer, red-winged blackbirds, and Canada geese.
PROJECT PURPOSE:
Basic: The basic project purpose is to provide compensatory mitigation for impacts to waters of the United States
Overall: The overall project purpose is to develop and operate the Canehill Mitigation Bank which would provide for mitigation credits to entities that adversely impact wetlands and/or streams associated with Department of the Army Section 404 permits. This project is water dependent.
PROPOSED WORK: Pursuant to 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 establishment of the Canehill Mitigation Bank to provide compensatory mitigation for unavoidable impacts to aquatic resources by restoring, enhancing, and creating a mosaic of high-quality, self-sustaining habitats. The applicant, Savanna Springs LLC, proposes to establish, operate, and maintain the Canehill Mitigation Bank on a 76.2-acre project site located within a larger 91.83-acre property that will be protected in perpetuity by a conservation easement in Washington County, Arkansas, within the Illinois River Watershed (HUC 11110103). The project's primary objective is to provide compensatory mitigation for unavoidable impacts to Waters of the United States by restoring, creating, and enhancing a self-sustaining mosaic of wetland and prairie habitats on a site currently dominated by agricultural production, which includes 67.46 acres of hayfield/row crop, 6.527 acres of emergent wetlands, and 2.223 acres of man-made ponds. The fundamental restoration approach involves re-establishing the site's natural hydrology through extensive earthwork performed with heavy machinery; this work will include the plugging of existing agricultural ditches and the precise excavation of a series of low-lying berms, swales, and shallow depressions designed to impound and slowly move water across the landscape, thereby restoring hydroperiods sufficient to support hydrophytic vegetation and aquatic fauna. The existing 8.75 acres of aquatic resources will be geophysically enhanced through excavation to add habitat complexity, increase shoreline length, and improve ecological function, while an additional 26.21 acres of wetlands will be restored and created in areas of suitable hydric soils, resulting in a hydrologically-connected wetland complex totaling approximately 34.96 acres. Surrounding these aquatic habitats, 41.24 acres of associated uplands will be managed and restored; this includes establishing native vegetated buffers with an average width of 50 feet (minimum of 20 feet) and conducting minor grading to create conditions for wet and upland prairies, including the re-establishment of native prairie communities on remnant mima mounds. Following initial vegetation management to control undesired species through prescribed fire, targeted herbicide application, and mechanical removal, the establishment of the target plant communities will be accomplished through a diverse methodology including drilled native seed mixes, the transplant of locally sourced rhizomes, and the installation of grass/forb plugs, live stakes, and bare-root native shrubs and trees to promote structural and species diversity. Long-term stewardship will be the responsibility of Savanna Springs LLC, funded by a dedicated escrow account, and will be guided by an adaptive management plan to ensure performance standards, developed in collaboration with the Interagency Review Team (IRT), are achieved and maintained through activities such as prescribed burning, invasive species control via grazing, mowing, and chemical treatment, and supplemental planting, with progress confirmed by frequent vegetation monitoring and periodic post-construction wetland delineations.
The proposed geographic service area for mitigation would include the Illinois River Watershed (HUC 11110103) within the USACE Little Rock District. The secondary service area includes the Lower Neosho, Elk, Beaver Reservoir, and Rober S, Kerr Reservoir (Figure 33) within the USACE Little Rock District. The secondary service area is included with this project; however, the goal of this mitigation bank is to provide compensatory mitigation within the same watershed as the bank.
The 2002 Charleston Method with the SWL Addendum would be used as the functional assessment and credit generation mechanisms for this bank.
The location and general plan for the proposed work are shown in the prospectus. 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: 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.
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 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 U.S. Army Corps of Engineers (Corps) 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 (Corps).
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 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 not 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 April 6, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Pablo Bacon at Pablo.Bacon@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: 35.933884° Longitude: -94.388943°
UTM Zone: 15N North: 3977507 East: 374710