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Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that Mr. James Keathley, Keathley Farms, 283 Mount Vernon Road, Mount Vernon, Arkansas 72111, has submitted their Muddy Bayou Mitigation Bank prospectus. The prospectus outlines the proposal for developing and operating the bank, which is known as the banking instrument. After public comments are received and any issues are resolved on the prospectus, Keathley Farms will submit a draft banking instrument to the District Engineer of the Little Rock District. The District Engineer will then distribute the draft banking instrument to the Interagency Review Team (IRT), which is made up of the Corps and the pertinent state and Federal resource agencies. The IRT will review the banking instrument and coordinate with Keathley Farms on any issues until a final banking instrument is completed. Finally, the District Engineer will review the final instrument and make a decision to approve or not approve.

TO WHOM IT MAY CONCERN: Comments are invited on the work described below. Please see the Public Involvement section for details on submitting comments. Point of Contact. If additional information is desired, please contact the project manager, Jim Ellis, telephone number: (501) 324-5295, mailing address: Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas 72203-0867, email address: Jim.D.Ellis@usace.army.mil. An electronic copy of the Muddy Bayou Mitigation Bank prospectus can be viewed on the Little Rock District, Regulatory Division webpage athttp://www.swl.usace. army.mil/Missions/Regulatory/PublicNotices.aspx or a hard copy can be obtained from the Corps of Engineers through the contact information listed above. Project Information. Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that Mr. James Keathley Keathley Farms 283 Mount Vernon Road Mount Vernon, Arkansas 72111 has submitted their Muddy Bayou Mitigation Bank prospectus. The prospectus outlines the proposal for developing and operating the bank, which is known as the banking instrument. After public comments are received and any issues are resolved on the prospectus, Keathley Farms will submit a draft banking instrument to the District Engineer of the Little Rock District. The District Engineer will then distribute the draft banking instrument to the Interagency Review Team (IRT), which is made up of the Corps and the pertinent state and Federal resource agencies. The IRT will review the banking instrument and coordinate with Keathley Farms on any issues until a final banking instrument is completed. Finally, the District Engineer will review the final instrument and make a decision to approve or not approve. The primary purpose of this bank is to mitigate for unavoidable impacts to streams and wetlands authorized under Section 404 of the Clean Water Act. The project goal is to restore stream and wetland functions and values within the mitigation bank area. The proposed project is located in Muddy Bayou and associated tributaries and wetlands, in section 1, T. 6 N., R. 11 W., and extending into section 1, T. 6 N., R. 10 W., southeast of Mount Vernon, Faulkner and White Counties, Arkansas. The proposed project lies immediately downstream of Keathley Farms Little Creek Mitigation Bank that was approved in September 2013. The site is approximately 142 acres in size and is primarily fallowed fields. The site historically contained wooded buffers along Muddy Bayou and its associated tributaries but has been altered in the past for agricultural practices. The remaining riparian buffers were impacted by a tornado on April 25, 2011. The applicant proposes to restore approximately 40.8 acres of riparian buffers and preserve approximately 19 acres of riparian buffers along the existing streams. In addition, approximately 9 acres of forested wetlands will be restored. Wetland hydrology will be restored based on historic aerial photography and historic drainage patterns in the wetland areas. Wetland Consultants Unlimited has preliminarily identified approximately 6,258 linear feet of perennial stream (Muddy Bayou), 6,766 linear feet of intermittent tributaries, 2,324 linear feet of ephemeral tributaries, and 9 acres of wetlands on the property. Keathley Farms proposes to restore riparian areas of streams and wetlands with the appropriate species mixture of bottomland hardwoods during the standard planting season (December – March). Seedlings will be planted on 12-foot spacings, for a standard density of at least 302 seedlings per acre. Wetland hydrology will be restored through reconstructing channel connections based on historic aerial photography and historic drainage patterns in the wetland areas. The site would be monitored for a minimum of ten years to ensure hydrologic and revegetation success, and would be perpetually preserved. The proposed bank site lies within the Cadron Watershed 8-digit (11110205) hydrologic unit code (HUC) as designated by the U.S. Geological Survey. Keathley Farms proposes that the primary geographic service area for the bank include the Cadron Watershed (11110205) and the Lake Conway-Point Remove Watershed (11110203) for both wetlands and streams. The Lower Arkansas-Maumelle Watershed (11110207) is proposed as a primary service area for wetlands and a secondary service area for streams. Historically, activities requiring compensatory mitigation within the White Oak Bayou Watershed (111102070401), which is part of the Lower Arkansas-Maumelle Watershed (11110207), have been mitigated within the White Oak Bayou Watershed and therefore excluded as part of any bank service area. The location and general plan for the proposed work are shown on the enclosed sheets, 1 through 5 of 5. Water Quality Certification. By copy of this public notice, the applicant is requesting water quality certification from the Arkansas Department of Environmental Quality (ADEQ) in accordance with Section 401(a)(1) of the Clean Water Act. Upon completion of the comment period and a public hearing, if held, a determination relative to water quality certification will be made. Evidence of this water quality certification or waiver of the right to certify must be submitted prior to the issuance of a Corps of Engineers permit. Cultural Resources. A Corps staff archeologist will review topographic maps, the National Register of Historic Places, and other data on reported sites in the area. The District Engineer invites responses to this public notice from Native American Nations or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns with historic properties in the area. Endangered Species. Our preliminary determination is that the proposed activity will not affect listed Endangered Species or their critical habitat. A copy of this notice is being furnished to the U.S. Fish and Wildlife Service and appropriate state agencies and constitutes a request to those agencies for information on whether any listed or proposed‑to‑be‑listed endangered or threatened species may be present in the area which would be affected by the proposed activity. Floodplain. We are providing copies of this notice to appropriate floodplain officials in accordance with 44 CFR Part 60 (Floodplain Management Regulations Criteria for Land Management and Use) and Executive Order 11988 on Floodplain Management. Section 404(b)(1) Guidelines. The evaluation of activities to be authorized under this permit which involves the discharge of dredged or fill material will include application of guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act. These guidelines are contained in 40 Code of Federal Regulations (CFR) 230. Public Involvement. Any interested party is invited to submit to the above-listed POC written comments or objections relative to the proposed work on or before May 25, 2015. Substantive comments, both favorable and unfavorable, will be accepted and made a part of the record and will receive full consideration in determining whether this work would be in the public interest. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. The District Engineer will determine if the issues raised are substantial and whether a hearing is needed for making a decision. NOTE: The mailing list for this Public Notice is arranged by state and county(s) where the project is located, and also includes any addressees who have asked to receive copies of all public notices. Please discard notices that are not of interest to you. If you have no need for any of these notices, please advise us so that your name can be removed from the mailing list. Enclosures Approximate Coordinates of Project Center Latitude: 35.17701 Longitude: -92.12001 UTM Zone: 15 North: 3893027 East: 580128

JOINT PUBLIC NOTICE US Army Corps of Engineers® Little Rock District

CORPS OF ENGINEERS ­ STATE OF ARKANSAS Application Number: 2014-00387 Date: April 24, 2015 Comments Due: May 25, 2015

TO WHOM IT MAY CONCERN: Comments are invited on the work described below. Please see the Public Involvement section for details on submitting comments. Point of Contact. If additional information is desired, please contact the project manager, Jim Ellis, telephone number: (501) 324-5295, mailing address: Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas 72203-0867, email address: Jim.D.Ellis@usace.army.mil. An electronic copy of the Muddy Bayou Mitigation Bank prospectus can be viewed on the Little Rock District, Regulatory Division webpage at http://www.swl.usace. army.mil/Missions/Regulatory/PublicNotices.aspx or a hard copy can be obtained from the Corps of Engineers through the contact information listed above. Project Information. Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that Mr. James Keathley Keathley Farms 283 Mount Vernon Road Mount Vernon, Arkansas 72111 has submitted their Muddy Bayou Mitigation Bank prospectus. The prospectus outlines the proposal for developing and operating the bank, which is known as the banking instrument. After public comments are received and any issues are resolved on the prospectus, Keathley Farms will submit a draft banking instrument to the District Engineer of the Little Rock District. The District Engineer will then distribute the draft banking instrument to the Interagency Review Team (IRT), which is made up of the Corps and the pertinent state and Federal resource agencies. The IRT will review the banking instrument and coordinate with Keathley Farms on any issues until a final banking instrument is completed. Finally, the District Engineer will review the final instrument and make a decision to approve or not approve. The primary purpose of this bank is to mitigate for unavoidable impacts to streams and wetlands authorized under Section 404 of the Clean Water Act. The project goal is to restore stream and wetland functions and values within the mitigation bank area. The proposed project is located in Muddy Bayou and associated tributaries and wetlands, in section 1, T. 6 N., R. 11 W., and extending into section 1, T. 6 N., R. 10 W., southeast of Mount Vernon, Faulkner and White Counties, Arkansas. The proposed project lies immediately downstream of Keathley Farms Little Creek Mitigation Bank that was approved in September 2013. The site is approximately 142 acres in size and is primarily fallowed fields. The site historically contained wooded buffers along Muddy Bayou and its associated tributaries but has been altered in the past for agricultural practices. The remaining riparian buffers were impacted -1-

by a tornado on April 25, 2011. The applicant proposes to restore approximately 40.8 acres of riparian buffers and preserve approximately 19 acres of riparian buffers along the existing streams. In addition, approximately 9 acres of forested wetlands will be restored. Wetland hydrology will be restored based on historic aerial photography and historic drainage patterns in the wetland areas. Wetland Consultants Unlimited has preliminarily identified approximately 6,258 linear feet of perennial stream (Muddy Bayou), 6,766 linear feet of intermittent tributaries, 2,324 linear feet of ephemeral tributaries, and 9 acres of wetlands on the property. Keathley Farms proposes to restore riparian areas of streams and wetlands with the appropriate species mixture of bottomland hardwoods during the standard planting season (December ­ March). Seedlings will be planted on 12-foot spacings, for a standard density of at least 302 seedlings per acre. Wetland hydrology will be restored through reconstructing channel connections based on historic aerial photography and historic drainage patterns in the wetland areas. The site would be monitored for a minimum of ten years to ensure hydrologic and revegetation success, and would be perpetually preserved. The proposed bank site lies within the Cadron Watershed 8-digit (11110205) hydrologic unit code (HUC) as designated by the U.S. Geological Survey. Keathley Farms proposes that the primary geographic service area for the bank include the Cadron Watershed (11110205) and the Lake Conway-Point Remove Watershed (11110203) for both wetlands and streams. The Lower Arkansas-Maumelle Watershed (11110207) is proposed as a primary service area for wetlands and a secondary service area for streams. Historically, activities requiring compensatory mitigation within the White Oak Bayou Watershed (111102070401), which is part of the Lower Arkansas-Maumelle Watershed (11110207), have been mitigated within the White Oak Bayou Watershed and therefore excluded as part of any bank service area. The location and general plan for the proposed work are shown on the enclosed sheets, 1 through 5 of 5. Water Quality Certification. By copy of this public notice, the applicant is requesting water quality certification from the Arkansas Department of Environmental Quality (ADEQ) in accordance with Section 401(a)(1) of the Clean Water Act. Upon completion of the comment period and a public hearing, if held, a determination relative to water quality certification will be made. Evidence of this water quality certification or waiver of the right to certify must be submitted prior to the issuance of a Corps of Engineers permit. Cultural Resources. A Corps staff archeologist will review topographic maps, the National Register of Historic Places, and other data on reported sites in the area. The District Engineer invites responses to this public notice from Native American Nations or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns with historic properties in the area. Endangered Species. Our preliminary determination is that the proposed activity will not affect listed Endangered Species or their critical habitat. A copy of this notice is being furnished to the U.S. Fish and Wildlife Service and appropriate state agencies and constitutes a request to those

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agencies for information on whether any listed or proposed-to-be-listed endangered or threatened species may be present in the area which would be affected by the proposed activity. Floodplain. We are providing copies of this notice to appropriate floodplain officials in accordance with 44 CFR Part 60 (Floodplain Management Regulations Criteria for Land Management and Use) and Executive Order 11988 on Floodplain Management. Section 404(b)(1) Guidelines. The evaluation of activities to be authorized under this permit which involves the discharge of dredged or fill material will include application of guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act. These guidelines are contained in 40 Code of Federal Regulations (CFR) 230. Public Involvement. Any interested party is invited to submit to the above-listed POC written comments or objections relative to the proposed work on or before May 25, 2015. Substantive comments, both favorable and unfavorable, will be accepted and made a part of the record and will receive full consideration in determining whether this work would be in the public interest. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. The District Engineer will determine if the issues raised are substantial and whether a hearing is needed for making a decision.

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NOTE: The mailing list for this Public Notice is arranged by state and county(s) where the project is located, and also includes any addressees who have asked to receive copies of all public notices. Please discard notices that are not of interest to you. If you have no need for any of these notices, please advise us so that your name can be removed from the mailing list. Enclosures Approximate Coordinates of Project Center Latitude: 35.17701 UTM Zone: 15

Longitude: -92.12001 North: 3893027

East: 580128

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ACTION NO.: 2014-00387 Mr. James Keathley (Keathley Farms) PROPOSED MUDDY BAYOU MITIGATION BANK Muddy Bayou and Tributaries Section 1, T. 6 N., R. 10 & 11 W. April 2015 Sheet 1 of 5

ACTION NO.: 2014-00387 Mr. James Keathley (Keathley Farms) PROPOSED MUDDY BAYOU MITIGATION BANK Muddy Bayou and Tributaries Section 1, T. 6 N., R. 10 & 11 W. April 2015 Sheet 2 of 5

ACTION NO.: 2014-00387 Mr. James Keathley (Keathley Farms) PROPOSED MUDDY BAYOU MITIGATION BANK Muddy Bayou and Tributaries Section 1, T. 6 N., R. 10 & 11 W. April 2015 Sheet 3 of 5

ACTION NO.: 2014-00387 Mr. James Keathley (Keathley Farms) PROPOSED MUDDY BAYOU MITIGATION BANK Muddy Bayou and Tributaries Section 1, T. 6 N., R. 10 & 11 W. April 2015 Sheet 4 of 5

ACTION NO.: 2014-00387 Mr. James Keathley (Keathley Farms) PROPOSED MUDDY BAYOU MITIGATION BANK Muddy Bayou and Tributaries Section 1, T. 6 N., R. 10 & 11 W. April 2015 Sheet 5 of 5

Proposed Muddy Bayou Mitigation Bank Prospectus White and Faulkner Counties, Arkansas

Prepared By: Wetland Consultants Unlimited, LLC 3116 Hutcheson Rd. Benton, AR. 72019

Prepared By: Wetland Consultants Unlimited 3116 Hutcheson Rd. Benton, AR

Table of Contents

I.

Introduction

3

II.

Project Site

3

III.

Mitigation Bank Goals and Objective

4

IV.

Establishment and Operation

5

V.

Proposed Service Area

6

VI.

Need and Feasibility of Bank

7

VII.

Ownership and Long-Term Management

7

VIII. Qualifications of the Sponsor

7

IX.

Ecological Suitability

8

X.

Water Rights

9

List of Tables Table 1 ­ Stream Lengths List of Figures Figure 1: Figure 2: Figure 3: Figure 4: Figure 5: Figure 6:

5 10

Project Location Map Data Point Map Soil Map Topographic Map Site Map 8-Digit HUC Location Map

Appendices Appendix A ­ Preliminary Jurisdictional Determination

2

17

Wetland Consultants Unlimited, LLC. Clint Hutcheson 501-776-7797

Bill Bailey 501-626-5004

Prospectus Proposed Muddy Bayou Mitigation Bank White and Faulkner Counties, Arkansas

I.

Introduction The objective of this prospectus is the creation of the Muddy Bayou Mitigation

Bank (MBMB) on 141.7-acres located near Mt. Vernon, Arkansas, adjacent to the existing Little Creek Mitigation Bank (LCMB). The proposed mitigation bank is owned by Keathley Farms. The sponsor of the proposed mitigation bank is also Keathley Farms. Wetland Consultants Unlimited is serving as the consultants in the establishment of the mitigation bank. The proposed service areas include all portions of AR HUC 11110205 & 11110203 and adjacent watersheds. This prospectus will detail the location of the mitigation bank site, provide ecological information for the proposed site and describe the plan to fully develop the site into a functioning and sustainable hardwood ecosystem. This document discusses the ecological suitability of the site to achieve the objective of the proposed mitigation bank, including the physical, chemical and biological characteristics of the site and how the site will support the planned types of aquatic resources and functions. A preliminary jurisdictional determination was performed on the proposed bank site by Wetland Consultants Unlimited on October 28, 2013.

II.

Project Site The proposed mitigation bank site encompasses a total of 141.7-acres and is

located southeast of the town of Mt. Vernon in Faulkner and White Counties, Arkansas. The proposed mitigation bank is located within the Cadron Watershed (HUC 11110205) (Figure 8). Historically the site contained wooded buffers along the existing streams. Due to land clearing for agricultural practices these wooded buffers were removed or

3

reduced. The remaining riparian buffers along the tributaries to Muddy Bayou were destroyed by a tornado on April 25, 2011. The storm either snapped off or blew down any of the remaining mature hardwood timber along the tributaries to Muddy Bayou. This left the property non-traversable, therefore the landowner has cleaned up the storm damage with mechanized equipment.

III.

Mitigation Bank Goals and Objectives The proposed Muddy Bayou Mitigation Bank will encompass a 141.7-acre tract

that is currently managed in hay fields. The goal of the MBMB is to re-establish and restore stream and wetland functions with values associated with this type of habitat. The proposed site will serve as a stream and wetland mitigation bank offering for sale stream and wetland mitigation credits as compensation for unavoidable impacts to streams and wetlands associated with Department of the Army Section 404 permits and / or USACE Civil Works Projects. There will be a Conservation Easement placed on the 141.7-acres for the mitigation implemented. Through a contractual agreement with individual permit recipients, Keathley Farms will, for a fee to be paid by permittees, commit to implementing the mitigation specified in USACE permits and incur the responsibility for long-term maintenance, management, protection, and overall success of the site.

4

Table 1 ­MBMB Stream Lengths Stream

Re-establish

Re-establish

Re-establish

Re-establish

Preserve

100ft Riparian

100ft

50ft Riparian

50ft Riparian

Riparian

Buffers on both

Riparian

Buffers on

Buffer on one

Buffers

sides

Buffer on one

both sides

side

451 feet

1,435 feet

3,732 feet

1,435 feet

3,732 feet

side

Stream 1

300 feet

340 feet

Stream 2

2,587 feet

Stream 3

1,537 feet

Stream 4

1,049 feet

Stream 5

2,029 feet

Stream 6

681 feet

Stream 7

594 feet

Stream 8

613 feet

Totals

IV.

7,502 feet

340 feet

2,339 feet

Establishment and Operation The Sponsor proposes to re-establish and/or restore approximately 40.8-acres of

riparian buffers and preserve approximately 19-acres of riparian buffers along the existing streams. The Sponsor also proposes to restore approximately 9-acres of forested wetlands (Figure 5).

Restoration will be accomplished by restoring the appropriate

specie mixture of bottomland hardwoods during the standard planting season (December ­ March). Seedlings will be planted on 12x12 spacing, for a standard density of at least 302 seedlings per acre.

The hydrology has been manipulated due to agricultural

practices. Hydrological factors will be restored based on historic aerial photography and historic drainage patterns in the wetland area. The species of seedlings planted will consist of:

Nuttall oak ((Quercus texana), water oak (Quercus nigra), green ash

(Fraxinus pennsylvanica), nutmeg hickory (Carya myristiciformis), willow oak (Quercus phellos), overcup oak (Quercus lyrata), and persimmon (Diospyrus virginiana).

5

Stream credits generated by the MBMB will be calculated based on linear feet of stream, riparian buffer establishment, and stream channel restoration. All stream and riparian credits shall be determined by the Little Rock District Stream Method (USACE 2011). Wetland credits generated by MBMB will be calculated using the Charleston Method for Calculating Required Mitigation Credits. The wetland and stream credits generated will be approved by the Little Rock District Corps of Engineers. The Sponsor will obtain all appropriate environmental documentation, permits, and/or other authorizations needed to establish and maintain the MBMB. The Sponsor agrees to perform all necessary work to monitor the MBMB to demonstrate compliance with the criteria established for the bank. The Sponsor will establish both short and long-term monitoring plots when the initial seedling planting occurs. The monitoring reports will be provided to the Little Rock District no later than December 15th following the 1st, 2nd, 3rd, 5th, 8th, and 10th growing seasons. In the event that monitoring reveals that initial planting failed to meet the success criteria of 50% survival rate or 150 trees per acre, the Sponsor will take measures to achieve the criteria the following year.

V.

Proposed Service Area The proposed MBMB is located within United States Geological Survey (USGS)

Hydrologic Cataloging 11110205 (Cadron), which includes portions of Cleburne, White, Faulkner, Van Buren and Conway counties (Figure 6). Hydrologic Cataloging Units (HUC) 11110205 & 11110203 will serve as the MBMB's primary service area. The Cadron and Lake Conway Point Remove Watersheds include (but not limited to) Muddy Bayou-East Fork Cadron Creek, Turkey Creek-East Fork Cadron Creek, Headwaters East Fork Cadron Creek, Clear Creek-East Fork Cadron Creek, Needs Creek-East Fork Cadron Creek, Outlet East Fork Cadron Creek, Point Remove Creek, East Fork Point Remove Creek, West Fork Point Remove Creek, Cypress Creek, Cadron Creek, Hackers Creek, Isabell Creek, Lee Creek, and Galla Creek .

The bank also satisfies HUC

11110207 (Lower Arkansas-Maumelle Watershed) for a secondary service area. The Cadron and Lake Conway Point Remove Service Areas will be used as primary service areas for wetland and stream mitigation. The Lower Arkansas­Maumelle Service Area 6

will be used as a primary service area for wetland mitigation and a secondary service area for stream mitigation. The MBMB will be used to compensate for unavoidable stream and wetland impacts occurring within the primary and secondary HUCs. However, the Little Rock District in conjunction with the IRT (Inter-Agency Review Team) may, on a case-by-case basis, allow the mitigation bank to be used to compensate for impacts occurring outside the recognized area.

VI.

Need and Feasibility of the Bank Site The need for this project is precipitated by the increased industrial development

associated with natural gas exploration in the area and the limited mitigation options available, as well as urban growth. Potential clients of the proposed mitigation bank include: Natural Gas Companies utilizing the surrounding areas for gas exploration, cities within the service area, industrial development, private developers and Arkansas State Agencies that do not have mitigation opportunities within the service areas.

VII.

Ownership and Long-Term Management Keathley Farms is the owner of the property and will record a conservation

easement on the property. The restriction will require that any activity on the property complies with the terms of a mitigation plan or banking instrument. The long-term ownership arrangements for this property will include retention of the property by Keathley Farms and utilization of the property by Keathley Farms as an outdoor recreational property, not to be further developed. To ensure long-term protection of all lands included in the mitigation bank, the Sponsor (Keathley Farms), its heirs or successors, will be responsible for maintaining and protecting lands contained within the restored portions of the MBMB in perpetuity.

VIII. Qualifications of the Sponsor Wetland Consultants Unlimited (WCU) is the consultant representing the Sponsor (Keathley Farms) for the Muddy Bayou Mitigation Bank.

WCU has conducted

preliminary investigations and developed this prospectus in conjunction with the U.S. Army Corps of Engineers (COE). WCU is an environmental consulting firm that has 7

been in business since 2007 and has continuously provided professional service to industry, government agencies, private companies and individuals. WCU has developed on site mitigation plans for private individuals, Waste Management Inc., and multiple consulting firms. WCU has established two private mitigation banks, one in the Little Rock Corps District and the other in the Vicksburg District Corps District. The Sponsor has one Corps of Engineer approved wetland and stream mitigation bank to date. The Little Creek Mitigation Bank was approved for credit sales in September 2013.

IX.

Ecological Suitability The proposed mitigation site is located in the Arkansas River drainage basin.

Utilizing the ecoregions map Level III Ecoregions of the Conterminous United States as defined by the United States Environmental Protection Agency, 2004, this site is located in the Arkansas Valley Hills ecoregion (Level IV). The Arkansas Valley Hills ecoregion is more hilly than the Arkansas Valley Plains ecoregion, but less rugged than other adjacent ecoregions (Boston Mountains, and the Scattered High Ridges and Mountains of the Arkansas Valley).

Historically, oak-hickory or oak-hickory-pine forests were

prevalent. Today, pastureland is extensive but rugged, wooded areas do exist. The proposed property is primarily fallow fields that were previously used for agricultural purposes. Historically, wooded buffers existed along the eastern portion of stream 1, and along streams 2, 3, 4 and 5. These buffers were destroyed due to tornado damage on April 25th, 2011. Streams 6, 7 and 8 have minimal wooded buffers that remain after years of agricultural practices. The Natural Resource Conservation Service (NRCS) has mapped the soils located on the property. There were three mapped soil types identified on the proposed property. The predominate soil type identified on the property is Taft Silt Loam, 0 to 2% slopes. The second soil type identified is Leadvale Silt Loam, 1-3% slopes. The third soil type identified is Barling Silt Loam. Taft Silt Loam soils are somewhat poorly drained with a fragipan in the subsoil. These soils are formed in a silty mantle of loess or alluvium and the underlying residue of limestone or shale. These nearly level soils are on upland flats, stream terraces, and in depressions. Leadvale soils consist of deep, moderately well drained soils with a fragipan. These soils formed in silty materials in uplands or local 8

silty alluvium form nearby uplands underlain largely by shale and siltstone or in places by sandstone, phyllite, and slate. Leadvale soils are on slightly concave toe slopes, benches, and terraces. Barling Silt Loam soils are very deep, moderately will drained, moderately permeable soils formed in silty alluvium derived from siltstone, sandstone and shale. These soils are on level to nearly level flood plains in Boston Mountains and Arkansas River Valley. The proposed mitigation bank is adjacent to the Little Creek Mitigation Bank. The proposed bank is bisected by Muddy Bayou and its unnamed tributaries.

The

wetlands identified on the site are located within the floodplain of Muddy Bayou. Due to the loss of trees and vegetation from agricultural practices and the 2011 tornado, the streams have become increasingly unstable and sediment loads have increased due to the lack of forested buffers and stabilized stream banks.

X.

Water Rights Hydrology on the site will continue to be precipitation-driven and no water rights

are necessary.

9

FIGURES Project Location Map Data Point Map Soils Map Topographic Map Site Map 8-Digit HUC Location Map

10

11

12

13

14

15

16

APPENDICES Appendix A ­ Preliminary Jurisdictional Determination

17

Rough impact

We use the fields in this section to decide whether to conduct an in-depth review.

Permit Manager

Dates

Identity numbers

Permits, certifications, and locations related to this particular notice

History of edits

Data are available as CSV download in the following schemas