September 29, 2022
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a September 22nd Public Notice referencing a Clean Water Act Section 404 after-the-fact application for the placement of dredged and fill material in waters of the United States by Goldcrest Farms, LLC (“Goldcrest”). See MVK-2021-61.
Goldcrest’s application for an after-the-fact permit indicates that the work will involve pooling water for arable crop irrigation pumping.
Goldcrest’s application involves the construction of weirs in five locations. The weirs are stated to have been constructed in:
- Moccasin Bayou, Miller County, Arkansas
- Old McKinney Bayou, Section 22, Miller County, Arkansas
- Old McKinney Bayou, Section 33, Miller County, Arkansas
- Old McKinney Bayou, Section 8, Miller County, Arkansas
- Old McKinney Bayou, Section 20, Miller County, Arkansas
The applicant is stated to have indicated that each weir has been modified to include four 22-inch diameter pipes with screw-valves to allow for flow-through to minimize upstream flooding potential. Further, impacts are estimated to be a total of 1.62 acres of fill in waters of the United States which include wetlands.
The applicant is stated to be proposing to supply compensatory mitigation credits from a Corps Vicksburg District approved mitigation bank servicing the hydrologic unit code of the impact HUC 11140201.
The Public Notice also addresses:
- State Water Quality Permit
- 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.
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