TO WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army (DA) Permit 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 (WQC) for the following application:
APPLICANT: Mr. Jeremy Wenner
Ohio Department of Natural Resources-Division of Engineering
2045 Morse Road
Columbus, Ohio 43229
LOCATION: As depicted on the attached Sheet 1 of 2, the proposed project would be located in unnamed tributaries of Buckeye Lake and adjacent wetlands on a 68-acre parcel (Latitude 39.906536, Longitude -82.412173) at 14350 Zion Road, in the Township of Thorn, Perry County, Ohio. The waters on-site flow into Buckeye Lake, a direct tributary of the South Fork of the Licking River of the Muskingum River, a traditional navigable water of the United States.
DESCRIPTION OF PROPOSED WORK: The applicant has requested a DA authorization for the discharge of dredged and/or fill material into 0.902 acre of wetlands and 95 linear feet (0.016 acre) of streams in conjunction with the proposed Buckeye Lake East End Dredge Material Relocation Area (DMRA) Project, as indicated on the attached Tables 1 and 2. Approximately 600,000 cubic yards of accumulated sediment would be dredged from Buckeye Lake via a dredge barge over a period of 10-15 years to accommodate acceptable depths for recreational boat traffic. All dredged material would be transported to the DMRA via a hydraulic pump. The excavation of material from Buckeye Lake would not result in a discharge of dredged or fill material and is not subject to Section 404 of the Clean Water Act.
Approximately 728.8 cubic yards of dredged and/or fill material would be permanently discharged into approximately 0.451 acre of nine (9) palustrine emergent (PEM) wetlands (Wetlands A, B, B2, C, D, F, G, I and J) totaling 0.337 acre, and three (3) palustrine emergent scrub-shrub (PEM/PSS) wetlands (Wetlands H, K, and L) totaling 0.114 acre associated with the development of the DMRA. Development of the DMRA would include the construction of seven (7) dewatering basins, each of which would be designed to hold between 34,700 to 123,900 cubic yards of dredged material. Additionally, approximately 9.1 cubic yards of dredged and/or fill material would be permanently discharged into 70 linear feet (0.012 acre) into two (2) unnamed tributaries to Buckeye Lake (Stream 1 and Stream 2) associated with the replacement of an existing culvert with a 24-foot long by 5-foot wide by 8-foot high precast concrete box culvert with associated wingwalls, and new channel re-alignment. A new water return channel would be cut and graded just west of Stream 1 and would be in direct line with the new box culvert in Stream 2 that would facilitate the placement of a 1-foot diameter hydraulic dredge hose as well as the return of the clarified water to Buckeye Lake. Lastly, approximately 3.5 cubic yards of dredged and/or fill material would be temporarily discharged into 25 linear feet (0.004 acre) of stream (Stream 2) associated with the grading, dewatering, and the construction of a temporary work pad to facilitate the proposed culvert replacement. A schematic of the proposed project is attached to this Public Notice (Sheet 2 of 2).
ALTERNATIVES ANALYSIS: Approximately 0.451 acre of 12 wetlands and 95 linear feet (0.016 acre) of two (2) streams would be impacted by the discharge of dredged and/or fill material as a result of the proposed project. The project does not require access or proximity to or siting within the waters of the United States to fulfill its basic purpose and is considered a non-water dependent activity. The Section 404(b)(1) Guidelines state 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 this presumption prior to receiving authorization for the discharge of dredged and/or fill material. The applicant has submitted an alternatives analysis and it is currently under review. A complete copy of the applicant’s alternatives analysis can be reviewed by appointment at the above address. No permit will be issued until our review of the alternative analysis clearly demonstrates that practicable upland alternatives are not available to achieve the overall 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 the impacts must be minimized. Approximately 0.337 acres of nine (9) PEM wetlands, 0.114 acre of three (3) PEM/PSS wetlands, and 215 linear feet (0.016 acre) of two (2) streams (Steams 1 & 2) are located within the proposed project area. The applicant indicated the proposed project cannot be located in an area that would avoid all discharges of dredged and/or fill material into waters of the United States. The applicant proposes to avoid approximately 63 percent of the on-site wetlands (0.760 acre of PEM wetlands and 0.024 acre of PEM/PSS wetland). The material proposed to be discharged into waters of the United States would consist of native, durable rock and clean earthen soil, and dredged material from the lake. Stormwater management planning would incorporate best management practices and water pollution controls necessary to maintain compliance with the Federal Water Pollution Control Act and Ohio Water Pollution Control Act. Stormwater management and erosion control systems would be implemented during construction, including silt fences, mulch and/or earthen berms, temporary seeding, hay bales, inlet protection, temporary collection basins, diversion ditches, and construction entrances. All disturbed areas would be seeded and/or revegetated with native plant species and native seed mixes after completion of construction activities.
COMPENSATORY MITIGATION PLAN: To compensate for the loss of waters of the United States associated with the proposed project, the applicant proposes to purchase 0.5 acre wetland mitigation credits from the Ohio Stream and Wetland Foundation’s Big Darby Hellbranch Mitigation Bank and 0.2 acre of non-forested wetland mitigation credits from the Five Rivers Metropark’s Great Miami Mitigation Bank.
WATER QUALITY CERTIFICATION: A Section 401 WQC is required for this project. It is the applicant’s responsibility to obtain certification from the OEPA.
HISTORIC AND CULTURAL RESOURCES: The National Register of Historic Places (NRHP) has been consulted and it has been determined there is one (1) property currently listed on the NRHP and one (1) archaeological site that is eligible for listing on the NRHP under Criterion D. Based on the information provided by the applicant and other information available to us, the Corps has determined the proposed project would not adversely affect any historic or archaeological properties eligible or potentially eligible for inclusion on the NRHP project. In a letter dated February 14, 2020, the Ohio History Connection, State Historic Preservation Office (SHPO) stated the proposed project should not impact the significance or integrity of the property listed on the NRHP and a 25-foot buffer should be established around the significant portion of the eligible archaeological site. The ODNR has agreed to provide the 25-foot buffer via a 5-foot chain link fence around the eligible archaeological site. This Public Notice serves as coordination with the Ohio SHPO, pursuant to Section 106 of the National Historic Preservation Act of 1966. No DA permit will be issued until all obligations under Section 106 of the National Historic Preservation Act of 1966 have been fulfilled.
THREATENED AND ENDANGERED SPECIES: The proposed project is located within the known or historic range of the endangered Indiana bat (Myotis sodalis), the threatened northern long-eared bat (Myotis septentrionalis), and the endangered American burying beetle (Nircrophours americanus). The 68-acre DMRA site is vacant, generally flat land, and contains wetlands and streams, as noted above. The proposed project area could provide potential habitat for the Indiana bat and the northern long-eared bat. The applicant has proposed to clear approximately 0.10 acre of trees and has agreed to conduct seasonal tree clearing to minimize effects to the bat species. Therefore, the Corps has determined the project may affect, not likely to adversely affect the aforementioned species of bats. The Corps has consulted the most recently available information and information provided by the applicant and has determined the proposed project may provide suitable habitat for the American burying beetle. Therefore, the Corps has determined the project may affect, but is not likely to adversely affect the American burying beetle. Based on this information, the proposed project 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 USFWS for the aforementioned effect determinations and 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). No DA permit will be issued until the Corps has verified that all obligations under Section 7 of the Endangered Species Act have been fulfilled.
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 whether 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 the protection and the utilization of important resources. The benefit that 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.
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. 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
ATTN: CELRH-RD-N
Public Notice: LRH-2019-00261-MUS
502 Eighth Street
Huntington, WV 25701-2070
Please note names, addresses, and comments submitted 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 Mr. Aca C. Ramey of the North Branch, at 304-399-5166, by mail at the above address, or by email at aca.c.ramey@usace.army.mil.