The United States Army Corps of Engineers (Little Rock District)(“Corps”) issued a September 13th Public Notice referencing a Section 404 Clean Water Act Application by the City of Siloam Springs requesting:
. . .authorization for the placement of dredged and fill materials in waters of the United States associated with a drainage improvement project.
The proposed project is stated to be located in an unnamed tributary of Sager Creek in Benton County, Arkansas.
The basic purpose of the project is stated to be flood damage reduction. The overall purpose of the project is stated to be the cutting and filling of approximately 1,249 linear feet of ephemeral stream with a concrete lining to promote greater hydrological efficiency and prevent flooding of adjacent homes. The project is deemed water dependent.
The impacted site is described as an ephemeral stream that only flows after significant rain events. The substrate is stated to be predominantly gravel with some cobble and bedrock presence. This region of the stream is stated to have been historically impacted by urbanization activities. The reach traverses the Rolling Hills Subdivision, and many houses are stated to be located within 50 feet of the stream. Flooding of houses and yards is stated to have occurred during significant rain events.
A proposed mitigation site is described as located in Sager Creek in the SW ¼ of Section 32, T18 N., R33 W., Siloam Springs, Arkansas. Restoration of a 1,330-foot ridge of Sager Creek is stated to mitigate losses of form and function due to the installation of a concrete lined channel in the unnamed tributary. Sager Creek is described as a perennial stream listed on the Arkansas 2008 Impaired List with the cause of impairment as nitrate. The creation, enhancement and protection of a 50-foot riparian buffer is stated to improve the removal of excess pollutants that are entering Sager Creek via storm water runoff.
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.