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LRH 2016-909-TUS

Published Feb. 14, 2017
Expiration date: 3/15/2017

TO WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army Permit (DA) under the provisions of Section 404 of the Clean Water Act.  This notice serves as the United States Army Corps of Engineers’ (Corps) request to the Ohio Environmental Protection Agency (OEPA) to act on the Section 401 Water Quality Certification for the following Application.

 

APPLICANT:  Ohio Department of Natural Resources (ODNR)

                        2045 Morse Road, Building E-3

            Columbus, Ohio 43229

 

LOCATION: As depicted on the attached Project Location Map (Sheet 1), the proposed project is located on East Reservoir of the Portage Lakes, near the intersection of North Turkeyfoot Lake Road and Portage Lakes Drive, in the City of Akron, Summit County, Ohio (40.99872° N, -81.53297° W).

 

DESCRIPTION OF THE PROPOSED WORK: The applicant proposes to discharge approximately 46,250 cubic yards of fill material consisting of clean crushed sand and gravel into 2.5 acres of open water along 1,200 linear feet of East Reservoir of Portage Lakes in order to bring the dam spillway into compliance with the ODNR dam safety regulations.  A new overtopping structure would be constructed in the reservoir, upstream of the existing embankment, to improve the existing dam and to implement the improved spillway so that it can safely accommodate anticipated storm and flood events.  The top of the new structure is proposed to be increased by 3 feet, bringing it to an elevation of 995.4 feet.  Construction of the overtopping structure would consist of discharging clean granular fill material into the reservoir immediately upstream of the existing embankment to create a working berm, which would remain in place during construction and after the project is complete.  The berm would facilitate the deep soil mixing and would allow access into the underlying embankment and foundation to construct the soil-cement gravity section.  Plans of the work are attached to this notice (See Sheet 2: Map and Proposed Site Plan and Sheet 3: Typical Sections).

 

ALTERNATIVE ANALYSIS: A total of 2.5 acres of open water along 1,200 linear feet of East Reservoir would be permanently filled as a result of the overall proposal.  No wetlands or other special aquatic sites would be affected by the discharge of dredged and/or fill material.   The applicant has submitted the required alternatives analysis. A complete copy of the applicant’s alternatives analysis can be reviewed by appointment at the above address. No permit will be issued until the alternatives analysis demonstrates that upland alternatives are not available to achieve the project purpose.

 

AVOIDANCE AND MINIMIZATION:  In evaluating a project area containing waters of the United States, consideration must be given to avoiding impacts on these sites. If waters of the United States cannot be avoided, then impacts must be minimized. Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed project. A high quality wetland complex is located immediately downstream of the existing embankments and would be avoided. According to the applicant, alternative plans were considered. The proposed project impacts have been minimized to the fullest extent practicable.

 

COMPENSATORY MITIGATION PLAN:  To compensate for the discharge of dredged and/or fill material into 2.5 acres of open water in East Reservoir, the applicant proposes to improve stormwater runoff quality and quantity entering the reservoir.  A vegetated buffer would be established, where one currently does not exist, and would retain and filter run-off from Portage Lakes Drive. Currently, stormwater run-off from Portage Lakes Drive drains directly into the reservoir.   

 

WATER QUALITY CERTIFICATION:  A Section 401 Water Quality Certification is required for this project. It is the applicant’s responsibility to obtain certification from the OEPA. Based on the application, the applicant has applied for the required Section 401 Water Quality Certification from the OEPA.

 

HISTORIC AND CULTURAL RESOURCES: This project must be reviewed to determine any potential effect to properties that may be eligible for or listed on the National Register of Historic Places (NRHP), in accordance with Section 106 of the National Historic Preservation Act.  Because of its historic role as a feeder lake for the Ohio and Erie Canal, consultation with the Ohio State Historic Preservation Office is ongoing.  A Phase I cultural resources literature review is being prepared by the applicant to document the historic context of the East Reservoir and the Portage Lakes system. A copy of this public notice will be furnished to the State Historic Preservation Office for their review and comment.

 

THREATENED & ENDANGERED SPECIES: The project is located within the known or historic range of the following threatened and endangered species: endangered Indiana bat (Myotis sodalis) and the threatened northern long-eared bat (Myotis septentrionalis).  The Corps has consulted the most recently available information, and based on the applicant’s commitment to implement seasonal tree clearing as recommended by the United States Fish and Wildlife Service, the project may affect but is not likely to affect the Indiana bat and the northern long-eared bat. Based on this information, the proposed project may affect, but is not likely to adversely affect the continued existence of any endangered species or threatened species, or result in the destruction or adverse modification of habitat of such species which has been determined to be critical. This Public Notice serves as a request for concurrence from the United States Fish and Wildlife Service pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended).

 

PUBLIC INTEREST REVIEW AND COMMENT: This application will be reviewed in accordance with 33 CFR 320-332, the Regulatory Program of the Corps, and other pertinent laws, regulations, and executive orders.  Interested parties are invited to state any objections they may have to the proposed work.  The decision whether to approve the mitigation bank will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activities on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources.  The benefit that reasonably may be expected to accrue from the proposals must be balanced against their reasonably foreseeable detriments.  All factors that may be relevant to the proposals will be considered including the cumulative effects thereof; of 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. 

 

SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public, the Federal, state, and local agencies and officials, the Indian Tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity.  For accuracy and completeness of the administrative record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding of the reasons for support or opposition.  Any person may request, in writing, within the comment period specified in the 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.  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 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.  Written statements received in this office on or before the expiration date of this Public Notice will become a part of the record and will be considered in the final determination.  A permit will be granted unless its issuance is found to be contrary to the public interest.

 

CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before the close of the comment period listed on page one of this Public Notice.  If no comments are received by that date, it will be considered that there are no objections. Comments and requests for additional information should be submitted to:

 

                                                                  United States Army Corps of Engineers

                                                                                    Huntington District

                                                     ATTN: CELRH-RD-N (Public Notice No. LRH-2016-909-TUS)

                                                                                    502 Eighth Street

                                                                     Huntington, West Virginia 25701-2070.

 

Please note, comments in response to this public notice become part of our administrative record and, as such, are available to the public under provisions of the Freedom of Information Act.  Thank you for your interest in our Nation's water resources.  If you have any questions concerning this public notice, please contact Nicole Marisavljevic at the above address, by telephone at (330) 365-4273, or via email at nicole.marisavljevic@usace.army.mil.