SWL 2026-00170

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) and 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.

APPLICANT:    Arkansas Game and Fish Commission
                          2 Natural Resources Drive
                          Little Rock, Arkansas 72205                       

LOCATION OF PROPOSED ACTIVITY: The project would affect waters of the United States and navigable waters of the United States associated with the Black River. The proposed project is located in David Donaldson Black River Wildlife Management Area Green Tree Reservoir (DDBR WMA), between river miles approximately 110 to 124 on the left descending bank, in sections 11, 12, 13, 14, 15, 16, 17, 20, 21, 28, 29, 32, and 33, T. 19 N, R. 3 E, near Peach Orchard, Clay, Greene, and Randolph Counties, Arkansas.

Proposed work would occur in three Green Tree Reservoirs (GTRs) in remote locations at DDBR WMA: Upper/Lower Winchester GTRs, Upper/Lower Reyno GTRs, and Upper/Lower Island GTRs. GPS coordinates for key access points follow:

Upper/Lower Winchester GTRs Access Coordinates: 36.267485, -90.753407°
Upper/Lower Reyno GTRs GPS Access Coordinates: 36.304210°, -90.750741°
Upper/Lower Island GTRs GPS Access Coordinates: 36.296741°, -90.698486°

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 hydrologic and ecological restoration of Green Tree Reservoirs (GTRs) within the DDBR WMA. The proposed scope of work includes the following components:

• Removal of eight (8) existing drainage structures,
• Modification of nine (9) drainage structures,
• Relocation and modification of one (1) drainage structure,
• Construction of three (3) new drainage structures,
• Construction of eight (8) new spillways,
• Clearing and widening of 1.14 miles of existing drainage channel,
• Removal of 2.80 miles of existing levees,
• Modification of 8.33 miles of levees,
• Modification of 13 existing slough plugs, and
• Removal of five (5) slough plugs.

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 applicant has stated that it is not possible to complete the proposed project without affecting potentially regulated waters. The project is designed to provide a means of regulating the duration of flooding in the GTRs without converting any wetlands to non-wetlands, thereby minimizing long-term adverse impacts to the aquatic ecosystem.

COMPENSATORY MITIGATION: The proposed project construction will fill approximately 31.4 acres of wetlands and other waters. However, the applicant believes that the positive ecological benefits associated with restoring natural hydrologic and ecological functions, alongside tree replanting at each GTR, will provide substantial bottomland hardwood wetland restorations. This will more than adequately compensate for minor and temporary negative impacts.

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 180 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 August 4, 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 Michael Gala at Michael.R.Gala@usace.army.mil or U.S. Army Corps of Engineers, Little Rock District, Attention: Michael Gala, PO Box 867, Little Rock, Arkansas 72203-0867. Please refer to “SWL-2026-00170” 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.

Approximate Coordinates of Project Center

Latitude: 36.284973°   Longitude:  -90.771162°

UTM Zone: 15N         North:  4017861.596561         East:  700169.927587