June 20, 2016
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
The United States Army Corps of Engineers (“Corps”) (Little Rock District) has issued a June 16th public notice referencing a Section 10 Rivers and Harbors Act/404 Clean Water Act permit application for:
. . .work in the waters of the United States associated with the mining of an earthen berm that currently separates an ongoing sand and gravel removal operation from the Arkansas River.
The permit application was submitted by B&B Materials, Inc. (“B&B”) and would be located on the left descending bank of the Arkansas River in Pulaski County, Arkansas.
The project’s basic purpose is described as removal of sand and gravel for processing and subsequent individual and commercial use. The overall purpose of the project is described as removal of material deposited by the river with a hydraulic dredge and transportation to the existing adjacent facility for processing and sale. The project is deemed water dependent.
The berm involved in the project is stated to measure approximately 2500 feet in length, approximately 20 feet in width at the top and approximately 170 feet in width at the base. Further, riprap is proposed to be placed at each end abatement of the excavated berm. The riprap is described as being placed on 3:1 slopes and extending around each abutment between 300 and 500 feet.
The public notice states that the Little Rock Regulatory Division of the Corps does not typically require mitigation for Standard Permits specific to Section 10 Rivers and Harbors Act activities – such as dredging. As a result, the Corps states that because of the previously referenced standard operating procedure and the minor impact of the project, no mitigation will be required if the project is permitted.
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.