WSP09374

• File Number: 8149.911
• Description: PSOP Background
• Basin: Arkansas
• Date: 3/1/2000
• Author: Montgomery Watson
• Title: Envirionmental Issues Prepared for Arkansas Basin Future Water and Storage Needs Assessment Enterprise
• Water Supply Pro - Doc Type: Publication

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2362 ENVIRONMENTAL ISSUES
ARKANSAS BASIN FUTURE WATER AND STORAGE NEEDS ASSESSMENT ENTERPRISE

Wetlands. Through a permit program under Section 404 of the Clean Water Act, the U.S.
Army Corps of Engineers regulates the discharge of dredged and fill material into waters of the
U.S. and special aquatic sites including wetlands. The Corps' permit program includes general
permits and Individual Permits. A general permit, most frequently a Nationwide Permit (NWP),
can authorize specific activities that typically have minor effects on waters and wetlands. Most
of the activities associated with the proposed storage alternatives that would involve the
discharge of dredged or fill material into waters or wetlands likely would require an Individual
Permit, which is the Corps more lengthy and detailed permitting process.

TIle Corps's Individual Permit (lP) process is a federal action that requires compliance with
all federal environmental laws (including NEPA, ESA, National Historic Preservation Act
[NHPA], and Fish and Wildlife coordination). As such, the IP process opens the door to a
multitude of federal environmental compliance that can greatly lengthen the permitting process.
The IP process also includes a public notice and comment period (30 to 60 days), review by
commenting agencies (CDOW, FWS, EPA, and Natural Resource Conservation Service
[NRCS]), an impacts analysis, alternatives analysis, and mitigation plan.

The alternatives analysis could directly influence the selection of a storage alternative
because the Section 404(b)(I) Guidelines require that the Corps permits the practicable
alternative that is least damaging to the aquatic environment. The alternatives analysis compares
the adverse and beneficial impacts to waters and wetlands for each practicable alternative
without considering compensatory mitigation.

The Corps is in the process of implementing a permitting appeals process. The EPA can veto
the Corp's permit decision, although this rarely occurs.

Federally Listed Species. Species listed as threatened or endangered, or species proposed
for listing are protected under the Endangered Species Act. Section 7 of the ESA is designed to
ensure that any action authorized, funded, or carried out by a federal agency likely would not
jeopardize the continued existence of any endangered or threatened plant or animal species. If a
federal action may affect federally listed species, then consultation with the FWS is required. An
evaluation under Section 7 includes an analysis of whether the proposed action would jeopardize
the continued existence of a federally listed species or adversely modify designated critical

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