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 404 of the Clean Water Act (33 U.S. Code 1344). 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 associated with wetlands and an unnamed tributary to Fourche Creek. The proposed project is located in the SW 1/4 of section 8, T. 1 N., R. 11 W., at Latitude 34.726226° and Longitude -92.217884°, in Little Rock, Pulaski County, Arkansas.
PROPOSED ACTIVITY: The applicant is requesting a DA permit for the placement of dredged and fill material in waters of the United States associated with the expansion/construction of a long-term parking lot east of Airport Road within the Bill and Hillary Clinton National Airport. The proposed parking area encompasses approximately 18.01 acres and will partially overlie a geothermal wellfield currently planned for the north side of the area. Clean fill material will be placed within the proposed project limits to build up the area to provide a base for the paving of the parking lot. Approximately 1.11-acres of an emergent wetland and approximately 1,415 linear feet of an unnamed tributary to Fourche Creek will be filled or impacted for this project. The purpose of the project is to provide additional parking to meet the current and future demand of airport users.
AVOIDANCE AND MITIGATION: The applicant has provided the following information to explain how impacts to waters of the United States associated with the proposed activity are to be avoided and/or minimized. The proposed project has been designed to impact the minimal amount of aquatic resources to effectively accomplish the project’s purpose and needs of the airport. BMPs will be used to ensure water quality is maintained, along with vegetated drainages/swales to slow velocity and allow sediments to settle out prior to entering any streams or water bodies.
COMPENSATORY MITIGATION: The applicant proposes to mitigate for unavoidable impacts by purchasing stream and wetland credits from an approved mitigation bank that services the area.
The USACE will determine the type and amount of compensatory mitigation necessary to offset losses of waters of the United States 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 Federal Aviation Administration (FAA), as the lead Federal Agency, evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act utilizing 40 CFR 1507.2, and FAA Order 1050.1F, and initiated consultation pursuant to Section 106 with the Arkansas Historic Preservation Program (AHPP) State Historic Preservation Officer (SHPO) and Tribes. Results of the Phase I Cultural Resource Survey were coordinated with the SHPO and the interested tribal nations with a final determination of No Historic Properties Affected as per 36 CFR 800.4 (d)(1).
The Corps has reviewed the documentation provided by the FAA and determined it is sufficient to confirm Section 106 compliance for this proposed permit authorization, and additional consultation is not necessary.
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). The FAA, as the lead Federal Agency, review indicates the described activity will have no effect on any threatened or endangered species or designated critical habitat. The USACE will consider comments from this public notice, including any comments provided by the USFWS, regarding the need to further consult.
The Corps has reviewed the documentation provided by the FAA and determined it is sufficient to confirm Section 7 of the Endangered Species Act (ESA) (16 U.S.C. § 1536) compliance for this proposed permit authorization, and additional consultation is not necessary.
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 U.S.C. § 408) because the activity, in whole or in part, would not 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 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 copy to the Corps on May 12, 2026. In accordance with Certification Rule Part 121.6, the Corps and Arkansas Department of Energy and Environment, Division of Environmental Quality have determined the reasonable period of time for the certifying agency to act upon the certification request is 120 days. In accordance with Certification Rule Part 121.12, the Corps will notify the U.S. Environmental Protection Agency Administrator when it has received the subject certification. The Administrator is responsible for determining if the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.
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. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, Environmental Protection Agency (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’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 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 June 15, 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 1991-00557-36” 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.
Enclosures
Approximate Coordinates of Project Center
Latitude: 34.726226° Longitude: -92.217884°
UTM Zone: 15N North: 3842961.68 East: 571607.06