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The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 29th Public Notice referencing a Section 404 Clean Water Application by the Southwest Arkansas Regional Intermodal Authority (“Southwest”).

Section 404 of the Clean Water Act is triggered by the discharge of dredged and/or fill material into waters of the United States.

The Corps Notice states that Southwest is applying for the permit to conduct activities in jurisdictional areas for the purpose of constructing a rail spur. The Notice further states in relevant part:

The rail spur would run northeast from a recently permitted rail line adjacent to an existing industrial park in Gum Springs, Arkansas, and connect to the existing Missouri Pacific Railroad to the east.

The stated purposes of the proposed project include:

• To provide services for local industries located in the industrial park adjacent to the proposed railroad
• Increase the efficiency of product distribution
• To promote economic development in the area

2.12 acres of jurisdictional wetlands are stated to be within the project area. All of the referenced acreage would be impacted by the proposed project. Approximately 13,700 cubic yards of fill would be placed in the wetlands.

Mitigation requirements are not specified in the Public Notice. However, the Notice asked that comments address any mitigation believed necessary to offset natural and human environment impacts.

A copy of the Public Notice can be found here.