DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, MOBILE DISTRICT

P.O. BOX 2288

MOBILE, AL 36628-0001

CESAM-RD-M June 6, 2024

PUBLIC NOTICE NO. SAM-2024-00515-GSC

JOINT PUBLIC NOTICE

U.S. ARMY CORPS OF ENGINEERS (USACE)

APPLICANT: Racetrac, Inc.

LOCATION: Wetlands associated with Milky Creek at the Intersection of U.S Highway

98 and Mississippi State Highway 29; New Augusta; Perry County; Mississippi; Section

PROPOSED WORK: The applicant proposes to fill 1.89 acres of wetlands and

approximately 32 linear feet of stream for the construction of a convenience store and

refueling facility at the intersection of U.S. Highway 98 and Mississippi Highway 29 in

mitigation bank.

WATER QUALITY: The Clean Water Act (CWA) Section 401 Certification Rule

(Certification Rule, 40 CFR 121), requires certification for any license or permit that

authorizes an activity that may result in a discharge. The applicant is responsible for

requesting certification and providing required information to the certifying agency. As of

the date of this public notice, the applicant has not submitted a certification request to

the Mississippi Department of Environmental Quality (certifying authority).

undertaking in waters of the United States, which includes the footprint of the proposed

fill areas, and portions of the adjacent property that would be utilized for construction

access and equipment and materials staging. The National Register of Historic Places

will be consulted for properties listed, or eligible for listing, in the National Register,

which are known to exist and would be affected by the proposed work. The Mobile

District is seeking comments regarding the existence, or the potential for existence, of

significant cultural and historic properties within the permit area. At this time, the

USACE, Mobile District has made no determination regarding potential effects of the

project on cultural/historic resources. Further coordination with the State Historic

Preservation Officer and/or federally-recognized American Indian tribes will be

Dusky Gopher Frog (E), Gopher Tortoise (T), Yellow-blotched map turtle (T), Louisiana

habitat within the project action area. At this time, the USACE, Mobile District has made

no determination regarding potential effects of the project on the above-listed species.

Further coordination with the U.S. Fish and Wildlife Service (USFWS) and NMFS will be

performed as determined to be appropriate.

order to assist in developing facts on which a decision by the U.S. Army Corps of

Engineers can be based. For accuracy and completeness of the record, all data in

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

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.

waters of the United States will include the application of guidelines established by the

Administrator of the U.S. Environmental Protection Agency.

Correspondence concerning this Public Notice should refer to Public Notice Number

SAM-2024-00515-GSC and should be directed to the District Engineer, Mobile District,

Regulatory Division, Mobile, Post Office Box 2288, Mobile, Alabama 36628-0001,

Attention: Greg Christodoulou, or submitted electronically at

should be furnished to the Mississippi Department of Environmental Quality, Office of

Pollution Control, Post Office Box 2261, Jackson, Mississippi 39225.

MOBILE DISTRICT

U.S. Army Corps of Engineers

Attachments

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of Project Area