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March 15, 2022
Mr. Olan Asbury
18303 Denny Road
Little Rock, AR 72223
olanasbury@gmail.com
(501) 590-1604
RE: 401 Water Quality Certification - DEQ No. 20220094 Asbury Real Estate Services,
Inc.- Kanis Road Storage Facility, Pulaski County, AR.
Dear Mr. Asbury:
The Division of Environmental Quality (DEQ) has completed its review of the above referenced
project to facilitate the development of a storage facility off Kanis Road in West Little Rock,
AR. The project is on a unnamed tributary of Rock Creek at:
Latitude: 34.75851; Longitude:-92.4571.
DEQ has determined that there is a reasonable assurance that this activity will be conducted in a
manner which, according to the Arkansas Pollution Control and Ecology Commission's Rule 2,
will not physically alter a significant segment of the waterbody and will not permanently violate
the water quality criteria.
Pursuant to §401(a)(1) of the Clean Water Act, the DEQ hereby issues water quality certification
for this project: Corp No. SWL-2011-00362-1 contingent upon the following conditions:
1) In accordance with APC&EC Rule 2.305, the applicant shall obtain a Short Term
Activity Authorization (STAA) when performing work in the wetted area of waters of the
state as defined by Arkansas Code Annotated (A.C.A.) §84-102. Activities approved
under a STAA, are subject to the provisions that no permanent or long-term impairment
of beneficial uses is likely to result from such activity. More information can be obtained
by visiting https:: ,www.ade .state.ar.us/water/i)lanning(instream/ or
!/e ortal.ade .statc.ar>>G'
2) The applicant shall implement all practicable best management practices (BMPs) to avoid
excessive impacts of turbidity to waters of the state, 40 CFR § 122.26(c).
Division of Environmental Quality
5301 Northshore Drive, North Little Rock, AR 72118-5137.state.ar.us
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3) The applicant will take all reasonable measures to prevent the spillage or leakage of any
chemicals, oil, grease, gasoline, diesel, or other fuels. In the unlikely event such spillage
or leakage occurs, the applicant must contact DEQ immediately.
4) The applicant shall limit construction to low flow periods as much as possible to
minimize adverse effects on water quality and aquatic life.
5) If a construction site will disturb equal to or greater than one (1) acre and less than five
(5) acres, the applicant shall comply with the requirements in Rule 6.203 for Stormwater
discharge associated with a small construction site, as defined in APC&EC Rule 6. If the
construction site will disturb five (5) acres or more, the applicant shall comply with the
terms of the Stormwater Construction General Permit Number ARR150000 prior to the
start of construction. BMPs must be implemented regardless of the size. More
information can be obtained by contacting the NPDES Stormwater Section of DEQ at
(501) 682-0621.
In issuing this certification, DEQ does not assume any liability for the following:
A. Damages to the proposed project, or uses thereof, as a result of other permitted or
unpermitted activities or from natural causes.
B. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity specified in this certification.
C. Design or construction deficiencies associated with this proposed project.
If you have any questions, please contact Mr. Jim Wise at (501) 682-0663.
Sincerely,
Bryan Leamons, P.E.
Senior Operations Manager, Office of Water Quality
cc: Mr. Justin Newcomb, USCOE Justin.E.Newcomb@usace.army.mil
Daniel Landeros, EPA
Melvin Tobin, USFWS
Jennifer Sheehan, AGFC
Aaron Baggett, DEQ Inspector
Division of Environmental Quality
5301 Northshore Drive, North Little Rock, AR 72118-5137.state.ar.us