TO WHOM IT MAY CONCERN: Comments are invited on the work described below. Please see the Public Involvement section for details on submitting comments.
Point of Contact. If additional information is desired, please contact the project manager, Mr. Louis Clarke, telephone number: (870) 886-3610, mailing address: Little Rock District Corps of Engineers, Walnut Ridge Regulatory Field Office, PO Box 865, Walnut Ridge, Arkansas 72476‑0865; email address: Louis.E.Clarke@usace.army.mil.
Project Information. Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that
Mr. Jeremy Jansen Baltz
PO Box 20
Pocahontas, Arkansas 72455
has requested authorization for the placement of dredged and fill material in waters of the United States associated with the construction of a 90-acre lake behind a 60-foot-high dam. The dam will be designed in accordance with the Arkansas Natural Resources Commission Dam Safety Program. The dam will include provisions for minimum release, primary and emergency spillways, and drawdown. The dam footprint would place fill in approximately 360 linear feet of this perennial stream and inundate approximately 2,700 linear feet of perennial stream, 1,050 feet of intermittent stream, and 4,050 feet of unnamed ephemeral streams. The proposed embankment to construct the dam would require 250,000 cubic yards of material. The proposed project is located in Havy Branch, in the N½ of section 11, T. 21 N., R. 2 W., east of Elm Store, Randolph County, Arkansas.
The basic purpose of the project is to provide a source of continuous water for livestock and recreational opportunities provided by a large lake. The overall purpose of the project is to construct a 90-acre lake, which would be used for agricultural and recreational activities, such as fishing, hunting and swimming, and improve the aesthetics of the landscape in this area of Randolph County. The project is water dependent.
The applicant stated that the minimum area required for the construction of the dam would be disturbed and that a 50-foot-wide riparian zone would be preserved on a portion of the shoreline. The dam includes a minimum flow design.
The location and general plan for the proposed work are shown on the enclosed sheets.
Water Quality Certification. By copy of this public notice, the applicant is requesting water quality certification from the Arkansas Department of Environmental Quality (ADEQ) in accordance with Section 401(a)(1) of the Clean Water Act. Upon completion of the comment period and a public hearing, if held, a determination relative to water quality certification will be made. Evidence of this water quality certification or waiver of the right to certify must be submitted prior to the issuance of a Corps of Engineers permit.
Cultural Resources. A Corps staff archeologist will review topographic maps, the National Register of Historic Places, and other data on reported sites in the area. The District Engineer invites responses to this public notice from Native American Nations or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns with historic properties in the area. This public notice initiates consultation under Section 106 of the National Historic Preservation Act with any Tribe that has information or concerns with historic properties in the proposed permit area.
Endangered Species. Our preliminary determination is that the proposed activity will not affect listed Endangered Species or their 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.
Flood Plain. We are providing copies of this notice to appropriate flood plain officials in accordance with 44 CFR Part 60 (Flood Plain Management Regulations Criteria for Land Management and Use) and Executive Order 11988 on Flood Plain Management.
Section 404(b)(1) Guidelines. The evaluation of activities to be authorized under this permit which involves the discharge of dredged or fill material will include application of guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act. These guidelines are contained in 40 Code of Federal Regulations (CFR) 230.
Public Involvement. Any interested party is invited to submit to the above-listed POC written comments or objections relative to the proposed work on or before April 08, 2013. Substantive comments, both favorable and unfavorable, will be accepted and made a part of the record and will receive full consideration in determining whether this work would be in the public interest. 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 benefit 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 the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain 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.
The Corps of Engineers 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 of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on 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 person may request in writing within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. The District Engineer will determine if the issues raised are substantial and whether a hearing is needed for making a decision.
NOTE: The mailing list for this Public Notice is arranged by state and county(s) where the project is located, and also 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: 36.48443 Longitude: -91.16205
UTM Zone: 15