The United States Army Corps of Engineers (Vicksburg) (“Corps”) issued a November 4th public notice referencing a Rivers and Harbors Act Section 10/Clean Water Act Section 404 application for a modification to an existing permit to include sand mining in the Red River proper and a secondary channel of the Red River.
The applicant is Performance Proppants. The proposed work would take place in Miller and Lafayette Counites in Arkansas.
The proposed project site is stated to be east of Smithville, Arkansas.
Performance Proppants is stated to have previously received a Department of the Army Permit with modifications in May 2019 and January 2024 to mine sand at the River Ridge Ranch facility using a phase approach.
The public notice states that as compensatory mitigation is supplied for each phase, work is authorized to commence. It further states:
…Thus far, work has been authorized for Phase 1, Phase 1A, and Phase 2.
The Phase 3 proposed work is stated to have not been mitigated and therefore is not yet authorized. A hydraulic cutterhead dredge to mine sand with the sand being pumped overland to the existing sorting/processing facility is proposed. It would occur over a 20.83-acre area of open water and remove 0.84 acres of forested wetlands (converting them to open water).
Performance Proppants is stated to be proposing to compensate for the wetland impacts by purchasing compensatory mitigation wetland credits from a Corps District approved mitigation bank servicing the hydrologic unit code of the impacts, 8-digit HUC 11140201.
The public notice also addresses:
- Section 401 State Water Quality Certification.
- Cultural resources.
- Endangered species.
- Floodplain.
- Evaluation factors.
- Public involvement.
- Opportunity for a public hearing.
- Notification of final permit actions.
A copy of the public notice can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.