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Public Notice Information

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SWL 2014-00284-1

Published Sept. 13, 2016
Expiration date: 10/10/2016

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, Christopher Davies, 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

                                                 City of Siloam Springs
PO Box 80
400 North Broadway
Siloam Springs, Arkansas  72761

has requested authorization for the placement of dredged and fill material in waters of the United States associated with a drainage improvement project.  The proposed project is located in an unnamed tributary of Sager Creek, in the SW ¼ of section 1, T. 17 N., R. 34 W., Siloam Springs, Benton County, Arkansas.

The basic purpose of the project is flood damage reduction.  The overall purpose of the project is to cut and fill approximately 1,249 linear feet of ephemeral stream with a concrete lining to promote greater hydrological efficiency and prevent flooding of adjacent homes.  The project is water dependent. 

Approximately 1,249 linear feet of ephemeral stream channel would be cut and filled with concrete channel lining to decrease flooding in the nearby backyards and homes.  The ephemeral drain would be cut and filled with concrete to resemble a classic trapezoidal concrete channel.  The new stream channel would be filled to 2% grade with some sections being 14 feet and some 20 feet wide.  The three existing 36-inch diameter culverts at the terminus of the project would be replaced by two 60-inch diameter culverts.  This culvert replacement would increase the carrying capacity of the stream to handle a 25-year flood event and decrease downstream erosion.

The impacted site is an ephemeral stream that only flows after significant rain events.  The substrate is predominately gravel with some cobble and bedrock present.  This reach of stream has been historically impacted by urbanization activities.  This reach traverses the Rolling Hills Subdivision, and many houses are located within 50 feet of the stream.  Flooding of houses and yards has occurred during significant rain events.

The proposed mitigation site is located in Sager Creek, in the SW ¼ of section 32, T. 18 N., R. 33 W., Siloam Springs, Benton County, Arkansas.  Restoration of a 1,330-foot reach of Sager Creek would mitigate losses of form and function due to the installation of a concrete lined channel in its unnamed tributary.  Sager Creek is a perennial stream listed on the Arkansas 2008 impaired list with a cause of impairment as nitrate.  The creation, enhancement, and protection of a 50-foot riparian buffer on each of Sager Creek would improve the removal of excess pollutants that are entering Sager Creek via stormwater runoff.

Natural channel design techniques would be utilized in developing the channel restoration for Sager Creek.  Channel habitat would be enhanced with instream structures such as riffles, step pools, veins, and/or root wads as appropriate.  Stream banks would be stabilized using appropriate practices such as erosion control blankets, wattles, and rock as needed.  Banks would be seeded with a seasonal and perennial mixture of native quick growing grasses and flowers for erosion control and vegetative cover.  Cross veins, or similar features, would be installed to redirect velocity, create step pools, and maintain channel grade as needed.

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. 

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. 

FloodplainWe 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 October 10, 2016.  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:  36.181860                 Longitude:  -94.561869 

UTM Zone:  15        North:  4005249                 East:  359550