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 unnamed tributaries to the Arkansas River. The proposed project is located in sections 25 and 36, T. 2 N., R. 12 W. and sections 29 and 30, T. 2 N., R. 11 W., at Latitude 34.7710821° and Longitude -92.235631°, in North Little Rock, Pulaski County, Arkansas.
PROPOSED ACTIVITY: The applicant is requesting a DA permit for work, including the placement of dredged and fill material, in waters of the United States associated with the Union Pacific Railroad, North Little Rock Departure Yard Expansion. The project is proposed along the north side of the existing North Little Rock Yard and includes slightly shifting the alignment of two existing tracks (308/309) and extending them west, shifting the transition/switch points of six internal yard tracks (tracks 302-307), and constructing a new yard track (310) immediately north of Track 309. An existing access road is located along the length of the north side of the yard. With the construction of Track 310, the access road will be shifted/realigned to the north side of the proposed Track 310. The construction of Track 310 and access road realignment will require the 81-foot extension of an existing 10-foot by 12-foot reinforced concrete box (RCB) culvert and the construction of a new 4-span, 76-foot-long Prestressed Concrete Box (PCB) Girder Bridge. The proposed construction will require updated features to support the required changes to the yards stormwater management system. Currently, there are two stormwater detention ponds located along the north side of the yard. The existing western stormwater detention pond will be relocated slightly east and made larger, and a new stormwater detention pond is proposed immediately east of the box culvert extension. The existing eastern stormwater detention pond will be expanded at its current location, and a new, small stormwater detention pond is proposed near the east end of the project. Existing ditch lines will be realigned to support the proposed stormwater pond changes. Proposed impacts include:
- Channel 2, a perennial stream, will have 81 linear feet of permanent impact for the extension of the 10-foot by 12-foot RCB culvert. Channel 2 will also have 85.5 linear feet of temporary impact for the cast-in-place construction efforts of the RCB culvert. Temporary impacts will result from the temporary dewatering of the channel. A temporary cofferdam will be installed upstream of the proposed extension. Water will be diverted via a pump system from upstream of the cofferdam to within the existing culvert inlet for the duration of the culvert construction.
- Channel 3, a perennial stream, will have 76 linear feet of temporary impact for the construction of a new bridge. Temporary impacts will result from the use of a temporary causeway. The temporary causeway will be constructed out of rock riprap and Corrugated Metal Pipe (CMP) culverts. The number and sizing of CMP culverts will be determined at the time of construction to support existing site conditions. No permanent fill is proposed within Channel 3. The substructure of the proposed bridge consists of standard H-piles and rock riprap stabilization measures that will be placed outside of the existing ordinary high water mark.
- Wetlands 4, 5, and 6, forested wetlands, will have a combined 2.82 acres of permanent impact. Permanent impacts will be a result of grading/fill for the new track and access road realignment, grading/cut from the ditch realignment, and vegetation removal for general construction access/use. No temporary impacts are proposed for Wetlands 4, 5, and 6.
In summary, the project will result in 81 linear feet of permanent impact to perennial stream (Channel 2), 162 linear feet of temporary impact to perennial stream (Channels 2 and 3), and 2.82 acres of permanent impact to forested wetlands (Wetlands 4, 5, and 6).
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 project identified 12.72 acres of forested wetland and is proposing to permanently impact 2.82 acres, preserving/avoiding the remaining 9.9 acres. The project identified 1,085.5 linear feet of perennial stream and is proposing to permanently impact 81 linear feet, preserving the remaining 1,004.5 linear feet. Impacts to wetlands and streams are being minimized to the maximum extent practicable. Earlier design iterations had additional grading/tracks planned. However, to minimize overall impacts of the project, these features were removed, reducing estimated impacts from 4.09 acres of wetland impacts down to the proposed 2.82 acres. This also decreased the overall impacts to the perennial streams. The project will also be restricting the construction areas within the wetland to maximum extent practicable (1.23 acres of the proposed 2.82 acres). These 1.23 acres will be cleared for construction use but will be allowed to revegetate naturally overtime once construction is complete. The project will maintain the stream flow diversion until the new culvert extension is installed and fully functional. All temporary materials will be removed, and then the cofferdam will be removed to restore the natural flow.
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 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 may affect a threatened or endangered species or designated critical habitat. USACE will complete the required consultation under Section 7 prior to finalizing a permit decision.
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 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).
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. As of the date of this public notice, the applicant has not submitted a certification request to the Arkansas Department of Energy and Environment, Division of Environmental Quality (certifying authority). In accordance with Certification Rule Part 121.6, the Corps and the 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 once the applicant submits a certification request to the certifying agency. 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 not 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 July 20, 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 John Bridgeman at John.Bridgeman@usace.army.mil or U.S. Army Corps of Engineers, Little Rock District, Attention: John Bridgeman, PO Box 867, Little Rock, Arkansas 72203-0867. Please refer to “SWL 2026-00126” 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: 34.7710821° Longitude: -92.235631°
UTM Zone: 15N North: 3847923.50 East: 569944.36