U.S. Corps of Engineers (Vicksburg District) Public Notices 404 Application: Proposed Hot Springs, Arkansas, Commercial/Multifamily Project

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Army Corps of Engineers (“Corps”) (Vicksburg District) public noticed a Clean Water Act Section 404 permit application for a project in Hot Springs, Arkansas. See Application No. MVK-2020-92.

The Corps Notice states that Riverpointe Development, LLC, submitted an application for a dredged and/or fill permit to conduct regulated activities in jurisdictional waters for purposes of constructing a 109 acre commercial and multifamily residential development.

The location of the project is described as in the vicinity of Higdon Ferry Road. It would include:

  • 20,000 square feet of commercial development
  • 105,000 square feet of office space
  • 70,000 square feet of mini-storage
  • 670 residential units

Additional features of the property described in the Notice include:

  • Walking trails
  • Dog park
  • Clubhouse
  • Landscape
  • Parking
  • Lighting
  • Utilities

Described impacts include a fill of 0.81 acres of wetlands and impacts to 3,818 linear feet of stream. Stream impacts would include the filling of 2,803 linear feet of ephemeral stream, 28 linear feet of intermittent stream, the re-routing of 481 linear feet of ephemeral stream, and 181 linear feet of intermittent stream. Culverting of 6 linear feet of ephemeral stream and 319 linear feet of intermittent stream would also be included.

The applicant is stated to propose to mitigate for jurisdictional impacts through the purchase of credits from a commercial mitigation bank which services the project area.

A copy of the Notice can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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