Hot Springs/Little Rock Recreational Trail Project/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices 404 Permit Application

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Army Corps of Engineers (Little Rock District)(“Corps”) issued an August 24th Public Notice referencing Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act permit applications submitted by the Honorable Barry Hyde – Pulaski County, Arkansas (“Pulaski County”) Judge.

The Corps' announcement indicates that Pulaski County has submitted the permits to enable construction of what is described as an:

. . . approximately 60-mile-long recreational trail from Hot Springs National Park to the Central High School National Historic Site.

The project’s stated purpose is to:

. . . provide a bicycle and pedestrian connection between Hot Springs National Park, the historic Saline River bridge, the Little Rock Central High School National Historic Site, the Arkansas River Trail, and the cities and communities in between these facilities.

The project is located in both the Little Rock and Vicksburg Corps Districts. However, the Little Rock District has been designated as the Lead District.

The Corps’ announcement indicates that the proposed project would be located in multiple streams and wetlands in three counties. Further, approximately 9.857 acres of wetlands (temporary and permanent impacts) and 9,169 LF of streams (temporary and permanent impacts) would be affected by the project.

Fill types primarily utilized are indicated to be concrete from the trail base. In addition, approximately 10,400 linear feet of the trail will utilize a boardwalk-style trail that is stated to minimize wetland impacts. In other words, this would result in clearing as the dominant impact type as opposed to fill. It is also noted that:

. . . the modular trail structure design of the boardwalk will allow for construction without the need for equipment to be in the wetlands. Additionally, approximately 50 miles (84%) of the project will utilize existing roadways and abandoned railroad beds for the trail alignment.

Pulaski County is providing mitigation for the unavoidable impacts associated with the project through the purchase of approximately 36,627.2 stream credits (2011 Little Rock Stream Method) and 91.76 wetland credits (2002 Charleston Method) from a Corps approved mitigation bank(s).

The Federal Highway Administration prepared an Environmental Assessment and determined a Finding of No Significant Impact.

The Corps’ announcement also addresses:

  • Cultural Resources
  • Endangered Species
  • Floodplain
  • Section 404(d)(1) Guidelines
  • Public Involvement

A copy of the Corps’ Public Notice can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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