regulatory header graphic

Public Notice Information

If you would like to be placed on a mailing list to receive copies of public notices, please contact the Regulatory Branch, U. S. Army Corps of Engineers, P. O. Box 867, Little Rock, Arkansas 72203-0867, call (501)324-5295, or send an email to and include your name, email address, mailing address, telephone number and indicate which counties in Arkansas or Missouri you would like to receive public notices.

NOTE: Due to budget cuts and escalating costs in processing and mailing of these public notices, we are requiring email addresses and internet access.  Only under special circumstances will we send copies of the public notices via the U. S. Postal Service.

The Public Notices are available in two electronic formats. To read the Public Notice text only (html format), click on the Public Notice number.  To view a Public Notice with its drawings, click on the Public Notice link in the attachments box. (*pdf format).

SWL 2015-00167

Published May 29, 2015
Expiration date: 6/23/2015

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, Johnny McLean, telephone number:  (501) 324-5295, mailing address:  Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas  72203-0867, email address:

Project Information.  Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that the

                                        Arkansas Highway and Transportation Department (AHTD)
PO Box 2261
Little Rock, Arkansas  72203

has requested authorization for the placement of dredged and fill material in waters of the United States associated with replacing the bridge over Coffee Creek on State Highway 216 and widening the approaches.  The proposed project is located approximately two miles south of Perryville in section 26, T. 4 N., R. 17 W., Perry County, Arkansas.  Total length of the project is approximately 0.4 miles.

The basic purpose of the project is to replace a structurally deficient bridge.  The overall purpose of the project is to upgrade the bridge and approaches on State Highway 216 and make the roadway safer for travel.  Constructing a new structure over Coffee Creek and upgrading the associated approaches is a water dependent activity.

The existing roadway consists of two 9-foot-wide travel lanes with 2-foot-wide shoulders.  The proposed roadway would consist of two 12-foot-wide travel lanes with 8-foot-wide shoulders.  The bridge would be replaced with a triple box culvert located immediately upstream from the existing bridge.  Constructing the culvert would impact approximately 78 linear feet of Coffee Creek.  Widening the approach lanes would require the relocation of approximately 608 linear feet of Coffee Creek, which parallels State Highway 216.  The relocation would consist of filling and moving the stream to the toe of the new highway embankment.  Approximately 675 cubic yards of material would be discharged into the stream.

The project is located in the Fourche Mountains subdivision of the Ouachita Mountain Ecoregion.  Coffee Creek flows into Harris Brake Lake and is located in the Fourche La Fave 8-digit (11110206) hydrologic unit code (HUC).  Harris Brake Lake is a 1,300-acre reservoir constructed in 1955 by the Arkansas Game and Fish Commission.  Land use in the area is a mix of timberland, pasture, and residential.  Coffee Creek is classified as an intermittent stream on the U.S. Geological Survey map; however, a site inspection determined that the stream is actually perennial.  The stream is moderately functional and several species of sunfish and crayfish were noted during site inspections.  The substrate is comprised primarily of cobbles.

Coffee Creek is not classified as an Extraordinary Resource Water or Ecologically Sensitive Waterbody; however, the proposed project will require Section 401 individual water quality certification from the ADEQ as part of the Standard Permit evaluation process.  There are no wetland impacts associated with this project.

The Federal Highway Administration (FHWA) approved this project as a Tier 3 Categorical Exclusion (CE) under 23 Code of Federal Regulations, Section 771.117 and the AHTD/FHWA Memorandum of Agreement.  The proposed project will require the acquisition of 3.1 acres of additional right-of-way.  Approximately 0.6 acres of prime farmland will be impacted.  The AHTD conducted a cultural resources survey and determined that no sites will be impacted.  A Special Provision will be added to the contract to protect any migratory bird species that utilize the existing bridge.

During the planning stages, the AHTD evaluated the no-action alternative and moving the roadway alignment to the north.  The no-action alternative would not alleviate the current condition of the existing bridge.  Shifting the alignment further to the north would require the relocation of two residences and would also require the relocation of the existing intersection at Allen Point Road and Pine Valley Loop.  Shifting the alignment toward the south would increase the stream impacts.  The Little Rock District Stream Method was used to assess stream impacts and required mitigation.  The Method determined that a total of 2,778.2 stream credits would be required for mitigation.  The AHTD proposes to purchase stream mitigation credits from an approved bank that services the Fourche La Fave watershed.  A copy of the stream evaluation worksheet is enclosed.  The location and general plan for the proposed work are shown on the enclosed sheets 1 through 3 of 5.

Water Quality Certification.  By copy of this public notice, the applicant is requesting water quality certification from the 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.  In addition to the analysis completed by the FHWA and AHTD during the CE review, 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.

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.

Floodplain.  We are providing copies of this notice to appropriate floodplain officials in accordance with 44 CFR Part 60 (Floodplain Management Regulations Criteria for Land Management and Use) and Executive Order 11988 on Floodplain 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 June 23, 2015.  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:  34.96228    Longitude:  -92.78128

UTM Zone:  15     Northing:  3868881      Easting:  519967