Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Little Rock District has received an application for a Department of the Army (DA) permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403). The purpose of this public notice is to solicit comments from the public and information necessary to evaluate the probable impact on the public interest regarding the proposed activity as described below and as shown on the enclosed drawings.
LOCATION OF PROPOSED ACTIVITY: The project would affect waters of the United States (WOTUS) and navigable waters of the United States associated with Palarm Creek. The proposed project is located in Palarm Creek, on the right descending bank, in section 12, T. 3 N., R. 14 W., at Latitude 34.903764° and Longitude -92.445182°, in Mayflower, Faulkner County, Arkansas.
PROPOSED ACTIVITY: The applicant is requesting a DA permit for work in waters of the United States associated with the installation of an approximately 120-foot-long by 6-foot-wide floating boat dock at the applicant’s property along Palarm Creek. The new dock will be used for personal and commercial purposes. The dock will be anchored to the shore by three 3-inch standoff pipes and two ½-inch galvanized cables on each end. All anchor points will be connected to 6-inch angle iron driven 10 feet into the ground and secured with approximately 2 cubic yards of concrete at each point. The downstream end of the proposed dock will be approximately 180 feet away from the end of the Palarm Park Boat Launch Ramp and the upstream end will be approximately 90 feet from the opposite bank of Palarm Creek.
AVOIDANCE AND MITIGATION: The applicant has provided the following information to explain how impacts to WOTUS associated with the proposed activity are to be avoided and/or minimized. There will not be any discharge of dredged or fill material below the ordinary high water mark of the creek for this proposed project. The project has been designed to minimize impacts to free navigation of Palarm Creek.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: There will not be a discharge of dredged or fill material, nor a loss of a WOTUS, thus there will not be a requirement for compensatory mitigation.
The USACE will determine the type and amount of compensatory mitigation necessary to offset losses of WOTUS which may result from the proposed activity in accordance with 33 CFR § 332.
HISTORIC PROPERTIES/CULTURAL RESOURCES: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. § 306108), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officers to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.
The USACE 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.
The USACE’s final eligibility and effect 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, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the USACE-identified permit area.
ENDANGERED SPECIES: Section 7 of the Endangered Species Act (ESA) (16 U.S.C. § 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat (or critical habitat proposed such designation). USACE’s preliminary review indicates the described activity will have no effect on any threatened or endangered species or designated critical habitat. USACE will consider comments from this public notice, including any comments provided by the USFWS, regarding the need to consult.
This notice serves as request to the USFWS 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 may require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408) because the activity, in whole or in part, may alter, occupy, or use a USACE Civil Works project.
WATER QUALITY CERTIFICATION: An Individual Water Quality Certification may be required from the Arkansas Department of Energy and Environment, Division of Environmental Quality pursuant to Section 401 of the Clean Water Act (33 U.S.C. § 1341).
The USACE has determined that a Section 401 Water Quality Certification is not required for this project. This determination is based on the finding that the project is classified as a Section 10 activity involving work in navigable waters only and does not involve the potential for a discharge of dredged or fill material into waters of the United States.
NATIONAL WILD AND SCENIC RIVERS: Coordination with the U.S. Forest Service may be initiated pursuant to Section 7 of the Wild and Scenic Rivers Act (16 U.S.C. § 1278).
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 USACE jurisdiction has been verified by USACE 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, aesthetics, 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. A permit will be granted unless its issuance is found to be contrary to the public’s interest.
COMMENTS: The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit and to allow alteration of a federally authorized project for this proposed activity. 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 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 comments or objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested permit. Please note that all comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act.
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.
The Little Rock District will receive written comments on the proposed activity, as outlined above, until April 27, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit comments to Gerald Dickson at Gerald.W.Dickson@usace.army.mil or U.S. Army Corps of Engineers, Little Rock District, Attention: Gerald Dickson, PO Box 867, Little Rock, Arkansas 72203-0867. Please refer to “SWL 2024-00384” in your comments.
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.
Enclosure
Approximate Coordinates of Project Center
Latitude: 34.903764° Longitude: -92.445182°
UTM Zone: 15N North: 3862511.37 East: 550687.54