Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas Agricultural Project 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 a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm.

The application requests authorization for the placement of dredged and fill material in water of the United States associated with the land leveling of approximately 25 acres of farmland in Faulkner County, Arkansas.

The Notice states that the proposed project would impact (i.e., fill) approximately 1.94 acres of a jurisdictional wetland. The wetland is stated to have been previously cleared of trees and vegetation. Further, the proposed project is stated to be located in wetlands associated with an unnamed intermittent stream that flows approximately one mile southeast into the Arkansas River.

The purpose of the project is described as providing additional farmland for agricultural production. It is characterized as non-water dependent.

The site is further described as being surrounded by farmland owned by the applicant. Alternative project sites for land leveling on the property are stated to have been investigated. However, the project site is stated to be the only part of the farmland that would make the project economically viable. Further, the proposed project is described as having avoided other areas of waters of the United States.

Compensatory mitigation is being determined utilizing the 2002 Charleston Method with the Little Rock Addendum. Mitigation for unavoidable impacts will be undertaken by permittee-responsible on-site and off-site in-kind mitigation.

A copy of the Notice can be downloaded here.

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