WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States associated with the MKARNS. The project area is located along the right descending bank of the navigation channel between River Miles (RM) 346.4 and 348.9, in Sections 25, 26, 27, & 30, Township 11 North, Range 22 East, with center coordinates of Latitude: 35.3956 and Longitude: -94.9393; in Sequoyah & Haskell Counties, Oklahoma.
EXISTING CONDITIONS & PROJECT HISTORY: The MKARNS has been a vital artery for commerce and transportation since its dedication in June 1971. Spanning 445 miles from the Mississippi River to the Port of Catoosa, Oklahoma, this congressionally authorized navigation channel plays a critical role in supporting barge navigation and facilitating economic activities within the region. Notably, 140 miles of the MKARNS occur within the Tulsa District of the U.S. Army Corps of Engineers, encompassing five lock and dam structures that are essential for managing water levels and facilitating navigation.
Over the past 53 years, the MKARNS has provided a reliable means of transport for goods and services, contributing significantly to the local and national economy. However, the navigation channel is designed to maintain a minimum depth of 9 feet to accommodate the safe passage of barges. Due to natural sedimentation processes, these areas periodically silt in, which can impede navigation and disrupt vital commercial activities.
Historically, the Sandtown Bottom area has been susceptible to siltation within the channel. Deviations in the 9’ channel depth due to sediment deposit often lead to obstruction to navigability and the need for maintenance dredging. To ensure the MKARNS remains operational and continues to support the economic interests of the region, routine maintenance dredging is necessary. This process involves the removal of accumulated sediment and material from the channel to restore and maintain the required navigational depth. The absence of timely dredging efforts can lead to increased navigation hazards, reduced efficiency in transportation, and potential economic losses for industries reliant on this critical waterway.
The proposed open water dredge disposal area is essential for the effective management of maintenance dredging activities within the MKARNS. The ongoing commitment to maintaining this waterway is crucial not only for navigation but also for the broader economic health of the region it serves.
PROJECT PURPOSE:
Basic: The creation of an In Water Disposal Area (IWDA).
Overall: To establish a 265-acre IWDA that provides a safe and operationally efficient disposal location for maintenance dredging activities in a location where upland disposal is not feasible due to a lack of nearby upland sites and constraints of available barge transport infrastructure. The IWDA is proposed to ensure continued navigational reliability, maintain cost-effective dredge operations, and support the long-term sustainability of the MKARNS.
PROPOSED WORK: The Corps proposes to discharge dredged material in an area adjacent to the navigation channel between RM 346.4 and 348.9 when upland disposal is not practicable in order to adequately maintain channel depths for navigation during periods of low flow.
AVOIDANCE AND MINIMIZATION: Upland disposal at this location is not feasible given the distance from the navigation channel to adjacent uplands. If authorized, use of the IWDA would be performed in a way that minimizes the duration and amount of disturbance to substrate and vegetation to the maximum extent practicable.
COMPENSATORY MITIGATION: The MKARNS is routinely dredged in order to maintain navigable depths to facilitate the transport of goods throughout the system. Natural creation of sediment deposits and maintenance to remove these deposits is an ongoing process throughout the life cycle of the Arkansas River. The material removed from the channel would be deposited in areas of open water, altering the bottom elevation with no impact to special aquatic sites.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes, and other interested parties.
ENDANGERED SPECIES: The Corps has performed an initial review of the application utilizing the U.S. Fish and Wildlife Service Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. The IPaC consultation number is 2026-0017970. Based on this initial review, the Corps has made a preliminary determination that the proposed project will not affect any listed species or critical habitat.
The U.S. Army Corps of Engineers is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by U.S. Army Corps of Engineers.
This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
NAVIGATION: The proposed activity would remove sediment deposited between RM 346.4 and 348.9 of the MKARNS, a federal navigation channel.
SECTION 408: Permission under Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. §408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification will be required from ODEQ. Comments concerning water quality impacts will be forwarded to ODEQ for consideration in issuing a Section 401 Water Quality Certification for the proposed project. Work may not commence until decisions have been made on both Sections 401 and 404.
NOTE: This public notice is being issued based on information furnished by the U.S. Army Corps of Engineers. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has been verified by Corps personnel.
EVALUATION: The decision whether to authorize this work will be based on an evaluation of the probable impacts, including cumulative impacts of the proposed activity and its intended use 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: 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 ownerships, and, in general, the needs and welfare of the people. Authorization will be denied if the discharge does not comply with the Environmental Protection Agency's 404(b)(1) Guidelines. Subject to the 404(b)(1) Guidelines and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest.
COMMENTS: The Corps 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 to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to 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.
The Tulsa District will receive written comments on this proposal until the expiration date of this public notice. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Brett Adams at CESWT-RO@usace.army.mil. Please include the public notice number SWT-202500468 in the subject line of your email message. Alternatively, you may submit comments to mailing address Tulsa District Corps of Engineers, ATTN: Regulatory Office, 2488 East 81st Street, Tulsa, OK 74137. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.