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  LRH 2016-00334-MAU Drawings
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LRH 2016-00334-MAU

Posted: 9/12/2017

Expiration date: 10/13/2017


TO WHOM IT MAY CONCERN:  The following application has been submitted for a Department of the Army Permit under the provisions of Section 10 of the Rivers and Harbors Act of 1899 and/or 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 to act on Section 401 Water Quality Certification for the following application.  

 

APPLICANT:  Ohio Department of Transportation (ODOT)

1980 West Broad Street, Mail Stop 4170

Columbus, Ohio 43223

           

LOCATION:  The proposed highway improvement project, referred to as WOO/LUC-75-30.70/0.00, PID 93592, is located along Interstate (I) 75 in the City of Rossford in Wood County and the City of Toledo in Lucas County, Ohio.  Logical termini of the linear project are as follows:

                                    South Terminus: 41.5896 North, 83.5592 West

                                    North Terminus: 41.6371 North, 83.5443 West

 

DESCRIPTION OF PROPOSED WORK:  The applicant has requested authorization to perform work within navigable waters of the U.S. and/or discharge fill material into waters of the U.S. to improve approximately 3.24 miles of Interstate (I) 75 from the Glenwood Road overpass (south terminus) to the South Avenue interchange (north terminus) in Wood and Lucas Counties, Ohio.  The overall highway project includes four (4) single and complete projects under review by the Corps.

 

The applicant has indicated temporary and permanent discharges of fill material into waters of the United States (U.S.) are necessary to construct their Preferred Alternative (PA).  Implementation of the PA would include work within navigable waters of the U.S. and the discharge of permanent fill material into waters of the U.S. for culvert replacements and repairs; for culvert lining; for roadway grading; to construct bridge pilings; for the removal of an existing bridge; and to place rock channel protection.  The applicant also proposes to discharge temporary fill material into waters of the U.S. and work within navigable waters of the U.S. for construction access.  Upon completion of construction, all temporary fills would be removed and the aquatic resources would be restored to preconstruction conditions.  Proposed permanent and temporary discharges of fill material for the four single and complete projects are described in the attached Tables 1-4.  Plans of the proposal are attached to this notice. 

 

ALTERNATIVES ANALYSIS:  As described in the attached tables, implementation of the proposal would result in the discharge of fill material into wetlands at each of the four single and complete project areas.  The projects do not require access or proximity to or siting within the wetlands to fulfill their basic purpose and are considered a non-water dependent activities.  The Section 404(b)(1) Guidelines state that for non-water dependent activities, practicable alternatives that do not involve wetlands are presumed to be available, unless clearly demonstrated otherwise.  The applicant is required to provide an alternatives analysis that must overcome the presumption prior to receiving authorization for the discharge of fill material.  No permit would be issued unless the alternatives analysis clearly demonstrates that practicable upland alternatives are not available to achieve the overall project purpose.  The applicant has submitted the required alternatives analysis, which is currently under review

The applicant has submitted an alternatives analysis for review describing alternatives for the overall highway project.  The alternatives include a PA, Minimal Degradation Alternative (MDA), and a Non-Degradation Alternative.  The PA is described in Tables 1-4.  The MDA would be constructed similar to the PA but would involve the construction of steepened embankment slopes or mechanically-stabilized earth walls topped by barriers in select areas of the project.  These measures would allow for avoidance of Wetlands 1, 3, 7, 19, and 20; Ditch 1; and an additional 12 linear feet (0.842 acre) of the Maumee River.  The applicant has indicated the MDA would cost $3,417,500 more than the PA. The Non-Degradation Alternative is a “no build” alternative.  Under the Non-Degradation Alternative, no discharge of fill material into waters of the U.S. and no work within navigable waters of the U.S. would occur.  The applicant has indicated the Non-Degradation Alternative would not meet the project purpose.  By appointment, a complete copy of the alternatives analysis can be reviewed at the address indicated above.

 

AVOIDANCE AND MINIMIZATION:  In evaluating a project area containing waters of the U.S., consideration must be given to avoiding waters of the U.S.  If waters of the U.S. cannot be avoided, the discharge of fill material into waters of the U.S. must be minimized.  Approximately 3,401 linear feet of five (5) streams, 11.261 acres of eleven (11) wetlands, and 1.374 acre of nine (9) ditches subject to Corps’ regulation under Section 404 Clean Water Act and/or Section 10 of the Rivers and Harbors Act are present within the total project area for the overall highway project.  According to the applicant, on-site alternatives were considered and avoidance and minimization efforts were incorporated into the project design.  The applicant completed a Feasibility Study analysis for different roadway alignments and determined other alternatives that would result in avoidance or minimization of waters of the U.S. were not practicable due to cost, traffic, alignment, and geometry constraints.


The project has been designed to completely avoid discharges of fill material into 804 linear feet of five streams, 0.351 acre of nine ditches, and 5.518 acres of eleven wetlands within the project area.  The applicant has indicated that the proposed work within navigable waters and/or the discharges of fill material into waters of the U.S. are unavoidable, and that no fill material would be discharged in excess of the minimum needed to complete the project.  Minimization of adverse effects to aquatic resources would also be achieved through adherence to the applicant’s Construction and Material Specifications and the implementation of construction Best Management Practices for sediment and erosion control.  Such measures may include the installation of silt barriers, silt fence, and ditch checks appropriately placed prior to construction.

 

COMPENSATORY MITIGATION PLAN:  To compensate for the discharge of fill material into 2,446 linear feet of the Maumee River (Hydrologic Unit Code [HUC] 04100009), the applicant proposes to deduct 6,785 linear feet of stream mitigation credit from ODOT’s St. John’s Dam Pooled Mitigation Site (HUC 04110011) on the Sandusky River in Seneca County, Ohio. To compensate for the permanent discharge of fill material into 1.359 acres of emergent Category 1 wetlands, the applicant proposes to purchase 2.1 acres of non-forested credits from the Pearson Mitigation Bank in Lucas County, Ohio.  To compensate for the permanent discharge of fill material into 4.159 acres of emergent, scrub-shrub, and forested Category 2 wetlands, the applicant proposes to purchase 8.4 acre of non-forested credits from the North Coast Regional Council of Park District In-Lieu Fee Program.  The applicant’s proposed compensatory mitigation plan is open to comment and is subject to change based on comments received.  

 

COASTAL ZONE MANAGEMENT:  State coastal zone management concurrence is required for this project.  It is the applicant’s responsibility to obtain the concurrence from ODNR.

 

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 Ohio Environmental Protection Agency.

 

HISTORIC AND CULTURAL RESOURCES:  Pursuant to 23 U.S.C. 327(a)(2)(B) and a Memorandum of Understanding executed on December 11, 2015 between the Federal Highway Administration (FHWA) and ODOT, FHWA assigned, and ODOT assumed, responsibility for compliance with the Section 106 of the National Historic Preservation Act.  Based on previous cultural resources surveys, the applicant determined the subject undertaking would have no effects on any historic property.  In support of our independent permit decision, the Corps intends to rely upon the information collected and consultation performed by ODOT regarding the effects to historic properties.  A copy of this Public Notice will be sent to the Ohio History Connection, the State Historic Preservation Office, for review.  Comments concerning archaeological sensitivity of the project area should be based upon collected data.

THREATENED AND ENDANGERED SPECIES:  The proposed project is located within the known or historic range of the following endangered (E) or threatened (T) species:

  • Indiana bat (Myotis sodalis) (E)

  • Northern long-eared bat (Myotis septentrionalis) (T)

  • Kirtland’s warbler (Setophaga kirtlandii) (E)

  • Piping plover (Charadrius melodus) (E)

  • Karner blue butterfly (Lycaeides melissa samuelis) (E)

  • Rayed bean mussel (Villosa fabalis) (E)

  • Eastern prairie fringed orchid (Platanthera leucophaea) (T)

  • Rufa red knot (Calidris canutus rufa) (T)

  • Eastern massasauga  (Sistrurus catenatus) (T)

Pursuant to 23 U.S.C. 327(a)(2)(B) and a Memorandum of Understanding executed on December 11, 2015 between FHWA and ODOT, FHWA assigned, and ODOT assumed, responsibility for compliance with Section 7 of the Endangered Species Act.  The applicant has determined the project would have no effect on the Kirtland’s warbler, piping plover, Karner blue butterfly, rayed bean mussel, eastern prairie fringed orchid, rufa red knot, or the eastern massasauga.  The applicant has determined the project may affect, but is not likely to adversely affect, the Indiana bat and the northern long-eared bat.  In accordance with the Ohio Programmatic Biological Opinion for the Indiana and northern long-eared bat issued by the United States Fish and Wildlife Service on February 29, by letter dated May 10, 2016, the Service concurred with these determinations for the Indiana bat and northern long-eared bat.

In support of our independent permit decision, the Corps intends to rely upon the information collected by ODOT, and consultation performed by ODOT, regarding the effects to threatened or endangered species.  This public notice serves as a request to the U.S. Fish and Wildlife Service for any additional information they may have 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 activity, pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended).

 

PUBLIC INTEREST REVIEW AND CUMULATIVE EFFECTS:  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.  Our evaluation will also follow the guidelines published by the United States Environmental Protection Agency pursuant to Section 404(b)(1) of the Clean Water Act (40 CFR part 230).  The decision to issue a permit will be based on an evaluation of the probable impacts, 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 that may be relevant to the proposal will be considered including the cumulative effects thereof; among those factors 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.  A permit will be granted unless its issuance is found to be contrary to the public interest.

 

SOLICITATION OF 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.  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. The comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  The 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. 

 

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:

U.S. Army Corps of Engineers, Huntington District

ATTN: CELRH-RD-S-OT Public Notice No. LRH-2016-00334-MAU

Building 10 / Section 10

PO Box 3990

Columbus, OH 43218-3990

 

Please note names and addresses of those who submit comments in response to this Public Notice become part of our administrative record and, as such, may be 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 Tim Long of the South/Transportation Branch, at (614) 692-4654, by mail at the above address, or by email at Timothy.M.Long@usace.army.mil.

                                                                                                                                   

Table 1 – Nature of Proposed Discharges into Waters of the United States

(Project 1)

Aquatic Resource ID / Plan Sheet #

Type of Fill Activity

Permanent

Temporary

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Stream 6

Sheets 4 - 5

Culvert Lining – Concrete, Temporary Access Fill

7

0.038

388*

1

0.006

60*

Ditch E

Sheet 4

Roadway Grading – Earthen Fill, Temporary Access Fill

8

0.005

 

7

0.004

 

Ditch 1

Sheets 3 - 5

Roadway Grading – Earthen Fill, Temporary Access Fill

65

0.040

 

7

0.004

 

Wetland 1

Sheet 4

Roadway Grading - Earthen and Granular Fill

105

0.065

 

 

 

 

Project 1 Totals:

185

0.148

388

15

0.014

60

*The Temporary discharges are entirely within the permanent discharge lengths. 

 

Table 2 – Nature of Proposed Discharges into Waters of the United States

(Project 2)

Aquatic Resource ID / Plan Sheet #

Type of Fill Activity

Permanent

Temporary

Fill Volume (cy)

Fill Area (ac)

Fill Volume (cy)

Fill Area (ac)

Ditch G

Sheets 5 - 9

Culvert Replacement and Roadway Grading – Concrete, Earthen Fill, Temporary Access Fill

695

0.431

9

0.006

Ditch 2

Sheets 9 - 10

Roadway Grading – Earthen Fill, Temporary Access Fill

323

0.200

10

0.006

Wetland 3

Sheet 6

Roadway Grading - Earthen and Granular Fill

375

0.232

 

 

Project 2 Totals:

1,393

0.863

19

0.012

Table 3 – Nature of Proposed Discharges into Waters of the United States

(Project 3)

Aquatic Resource ID / Plan Sheet #

Type of Fill Activity

Permanent

Temporary

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Stream 2

Sheets 3 - 4

Culvert Replacement - Concrete, Rock Channel Protection (RCP), Earthen and Granular Fill, Temporary Access Fill

193

0.146

1,470*

9

0.006

60*

Stream 10

Sheet 12

Roadway Grading - Earthen and Granular Fill, Temporary Access Fill

3

0.014

155*

1

0.005

60*

Stream 11

Sheet 330

Roadway Grading - Earthen and Granular Fill, Temporary Access Fill

133

0.063

183*

44

0.021

60*

Ditch A

Sheet 11

Roadway Grading – Earthen Fill, Temporary Access Fill

86

0.053

 

7

0.004

 

Wetland 7

Sheets 12 - 13

Roadway Grading - Earthen and Granular Fill

6,710

4.159

 

 

 

 

Wetland 12

Sheet 14

Roadway Grading - Earthen and Granular Fill

263

0.163

 

 

 

 

Wetland 13

Sheet 14

Roadway Grading - Earthen and Granular Fill

154

0.095

 

 

 

 

Wetland 16

Sheet 15

Roadway Grading - Earthen and Granular Fill

31

0.019

 

 

 

 

Wetland 26

Sheets 11 - 12

Roadway Grading - Earthen and Granular Fill

394

0.244

 

 

 

 

Wetland A

Sheet 13

Roadway Grading - Earthen and Granular Fill

25

0.015

 

 

 

 

Project 3 Totals:

7992

4.971

0

61

0.036

0

*The Temporary discharges are entirely within the permanent discharge lengths. 

Table 4 – Nature of Proposed Discharges into Waters of the United States

(Project 4)

Aquatic Resource ID / Plan Sheet #

Type of Fill Activity

Permanent

Temporary

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Maumee River

Sheets 16 - 17

Bridge Pilings (Construction of new and removal of old) - Concrete, RCP, Earthen and Granular Fill, Temporary Access Fill

11,063

0.586

250**

222,485

10.506

401**

Ditch B

Sheets 17 - 18

Roadway Grading – Earthen Fill, Temporary Access Fill

192

0.119

 

10

0.006

 

Ditch C

Sheet 18

Roadway Grading – Earthen Fill, Temporary Access Fill

218

0.135

 

16

0.010

 

Wetland 17

Sheet 18

Roadway Grading - Earthen and Granular Fill

615

0.381

 

 

 

 

Wetland 19

Sheet 19

Roadway Grading - Earthen and Granular Fill

202

0.125

 

 

 

 

Wetland 20

Sheet 19

Roadway Grading - Earthen and Granular Fill

33

0.020

 

 

 

 

Stream Totals:

12,323

1.366

250

222,511

10.522

401

*The Temporary discharges are entirely within the permanent discharge lengths. 

**The Permanent discharges are entirely in the length of the Temporary discharges.  Therefore, the total length of the Maumee River proposed to be affected by the discharge of permanent and temporary fills is 401 linear feet.