The United States Army Corps of Engineers (Little Rock District)(“Corps”) issued a July 26th Public Notice referencing a Section 10 Rivers and Harbors Act and Section 404 of the Clean Water Act Permit Application by Donna Fill, Incorporated (“DFI”).
DFI has requested authorization for the placement of dredged and fill material in waters of the United States associated with the continuation of their commercial sand and gravel dredging operations.
The operation is located on the Arkansas River between Navigation Miles 108.7 and 111.7 upstream of David D. Terry Lock and Dam, in Pulaski County, Arkansas.
The Public Notice states that a commercial permit has been authorized in this reach of the Arkansas River since 1981. The dredging permit authorizes dredging both within the navigation channel and within an area adjacent to the navigation channel.
The permit would be extended for a period of five years through December 31, 2021.
The basic purpose of the project is stated to be to provide sand and gravel for commercial use. The overall purpose of the project is to perform dredging of the McClellan-Kerr Arkansas River Navigation System within and outside the river’s navigation channel. The project is water dependent.
The Corps states that the Little Rock Regulatory Division does not typically require mitigation for Standard Permits specific to Section 10 activities, such as dredging. Therefore, no mitigation is proposed to be required.
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.