APPLICATION NO. 20151
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. Larry Harrison, telephone number: (501) 324-5296, mailing address: Little Rock District Corps of Engineers, Regulatory Branch, PO Box 867, Little Rock, Arkansas 72203-0867, e-mail address: larry.j.harrison@usace.army.mil Project Information. Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that Arkansas
State Highway and
has requested authorization for the placement of fill material in 1.6 acres of waters of the United States to construct a 2.5 mile section of U.S. Highway 71 that would be constructed and upgraded on new location in sections 3, 4, 8, and 9, T. 7 N., R. 31 W., south of Barling, in Sebastian County, Arkansas. The NEPA documentation and alignment selection for relocating U.S. Highway 71 were included in AHTD Job Number 001747, U.S 71 Relocation - DeQueen to Interstate 40. The Federal Highway Administration approved the Final Environmental Impact Statement (EIS) for the Job on August 1, 1997, and the Record of Decision was issued December 19, 1997. Standard Individual Department of the Army permit authorization was issued by the Corps of Engineers on December 18, 2002, for the impacts outlined in the EIS to construct the preferred alignment selected for the project. The requested impacts advertised in this notice are in addition to the impacts authorized under the Standard Permit. The purpose of
the project is to provide a fully controlled four lane divided highway
between The construction of the new segment of U.S. 71 between Custer Boulevard and Highway 22 would require the discharge of fill material in 0.7 acres of waters of the United States. The discharge would be associated with constructing four box culvert crossings of unnamed tributaries to Little Vache Grasse Creek (unnamed tributary Nos. 1 And 2 on the attached map), and relocating a 1,400-foot section of one of the unnamed tributaries to Little Vache Grasse Creek (No. 2) for new road bed construction. Also, the discharge would be associated with constructing a new bridge (four-lane) over Little Vache Grasse Creek and realigning a 600-foot section of it to add two new lanes and wider shoulders to Highway 22 to allow appropriate vehicular interchange access to and from the relocated section of Highway 71. The relocated section of Highway 71 would also overpass two railroads and one of the unnamed tributaries to Little Vache Grasse Creek (No. 2) as it approaches the new Highway 22 Interchange. See maps The realignment of Fort Smith Boulevard would require the discharge of fill material in 0.9 acres of waters of the United States to relocate an 1,800-foot section of an unnamed tributary to Little Vache Grasse Creek (unnamed tributary No. 2) for road bed construction and to construct a box culvert crossing of it. All of the new Fort Smith Boulevard Connector would be constructed in upland. All impacts outlined above are to three intermittent headwater streams. Mitigation is offered for impacts to these streams in the form of a vegetated buffer along the sides of the new channels. The buffer would be planted in grass to reduce erosion and trees to provide shade and cover. A bench would be constructed in the banks of the new channel to enhance vegetation establishment and flow. The new channels would be graded with a series of riffles and pools to provide a more diverse habitat and to hold more permanent water during dry seasons. A meandering, low flow channel will be constructed to allow connection between the pools during low flow periods. The location and general plan for the proposed work are shown on the enclosed sheet. More detailed project and/or mitigation plans can be obtained by contacting the point of contact established in this notice or by contacting the Arkansas State Highway and Transportation Department, Environmental Division, PO Box 2261, Little Rock, Arkansas 72203, Telephone No. 501-569-2281. 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. The National Register of Historic Places has been consulted; and it has been determined that there are no properties currently listed in the Register, or eligible for inclusion therein, which would be affected by the proposed work. A Corps staff archeologist also will review topographic maps and data on reported sites in the area. If it is determined that further review is not warranted, these reviews will constitute the full extent of cultural resources investigation by this office unless we are made aware, as a result of comments received in response to this notice or by other means, of the existence of specific structures or sites which might be affected by the proposed work. 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 this office written comments or objections relative to the proposed work on or before October 01, 2005. 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. Enclosures
Latitude: 35 -18-5.2920 Longitude: 94 -19-24.2040 UTM Zone: 15 North: 3907083.10 East: 379676.65
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