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Public Notice Information

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SWL 2014-00202

Published July 22, 2015
Expiration date: 8/17/2015

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, Jim Ellis, 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

                                                Mr. Jim Pace
C.J. Pace Construction, LLC
100 Buckland Drive
Little Rock, Arkansas  72223

has requested authorization for the placement of dredged and fill material in waters of the United States associated with the construction of a 13.75-acre residential development referred to as Georgeanne Estates, consisting of approximately 30 single-family homes, in west Little Rock.  The proposed project would impact (fill) and relocate approximately 950 linear feet of a jurisdictional intermittent stream, 560 linear feet of a jurisdictional ephemeral stream, and 0.13 acres of an associated jurisdictional man-made pond, which includes a wetland fringe.  A total of 0.41 acres of waters of the United States would be impacted.  Water flow enters the project area through an intermittent stream and ephemeral stream that originate in a residential area immediately south of the project property.  The ephemeral stream flows into the man-made pond/wetland on the property and the intermittent stream flows north along the property, under Cantrell Road (Highway 10) through two 10-foot-high by 14-foot-wide concrete box culverts.  After passing under Cantrell Road, flows pass through a trapezoidal concrete-lined channel and then into the Little Maumelle River and then the Arkansas River.  The proposed project is located immediately south of Cantrell Road, in the NW 1/4 of section 24, T. 2 N., R. 14 W., Little Rock, Pulaski County, Arkansas.

The basic purpose of the project is to provide housing for people.  The overall purpose of the project is to meet the demand for single-family homes in the west Little Rock area along Cantrell Road (Highway 10).  The project is not water dependent.

To accomplish the project, the sloped land surface would be graded and leveled.  The grading and leveling would discharge approximately 970 cubic yards of fill material into 560 linear feet of jurisdictional ephemeral stream and its associated pond/wetland and approximately 400 cubic yards of fill in 950 linear feet of jurisdictional intermittent stream.  The intermittent stream would be relocated east of the existing stream by the construction of an 85-foot-wide grass-lined open channel with a 55-foot-wide bottom with 3:1 bank slopes.  Construction would include approximately 30 single-family homes.  The flow of water at the project site would be diverted through the proposed 85-foot-wide open water grass-lined channel through the east side of the property and under Cantrell Road.  After passing under Cantrell Road, flows would pass through an existing trapezoidal concrete-lined channel and then into the Little Maumelle River and then the Arkansas River.

The applicant has investigated other alternative project sites in the proximity of Cantrell Road (Highway 10) in the west Little Rock area.  The applicant stated that, due to the rapid growth in west Little Rock, other sites were unavailable or were cost prohibitive due to land cost.  The applicant has altered the layout of the residential development to reduce the maximum amount of flooding in the area and has chosen an open channel design for the relocated intermittent stream to help reduce flooding at the request of adjoining property owners.  Compensatory mitigation requirements for impacts to streams will be assessed utilizing the Little Rock District Stream Method and the 2002 Charleston Method for wetland impacts.  The applicant proposes to purchase compensatory mitigation credits from an approved mitigation bank that services the area.

Typical best management practices such as silt fencing and other construction methods will be used to mitigate impacts to water quality and other resources.

The project location, general plan for the proposed work and stream locations and photographs of the streams are shown on the enclosed sheets, 1 through 6.  Sheet Number 3 denotes the approximate location of the jurisdictional streams on the property.  Sheet Numbers 5 and 6 contain representative photographs of the impacted streams/wetland.

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.

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 August 17, 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, 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.

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:  34.80166                   Longitude:  -92.46064

 UTM Zone:  15           North:  3851180         East:  549335