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LRH 2006-2454-GMR

Published Nov. 22, 2016
Expiration date: 12/22/2016

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 for the following application.


APPLICANT:            Mr. Rodney Creech

                                    Preble County Board of County Commissioners

                                    101 East Main Street

                                    Eaton, Ohio 45320


LOCATION:  As depicted on the attached Figure 1: U.S.G.S. Eaton, Ohio 7.5 minute topographical quadrangle map showing the location of the Preble County Landfill Property (Sheet 1 of 5), the proposed 438-acre project site would be located within the watershed of Seven Mile Creek, at 4239 U.S. Route 127 South, in Eaton, Preble County, Ohio (Latitude 39.687612, Longitude -84.636800).  The proposed discharges of dredged and/or fill material would occur within four ephemeral streams (Streams 9, 11, 12, and 13), all of which are unnamed tributaries to Seven Mile Creek, and one adjacent emergent and scrub/shrub wetland.  Seven Mile Creek is a tributary to the Great Miami River, a traditional navigable water of the United States.     


PROJECT HISTORY:  The Preble County Landfill property totals approximately 438 acres, of which 386 acres encompass an active sanitary landfill with 52 acres permitted for the placement of waste.  The remaining portions of the property are used for agriculture (i.e. corn and soybean production).   The Preble County Landfill has been in operation since 1971, initially receiving 16,000 tons of waste annually and then growing to a peak of 42,000 tons of waste annually. Due to increasing waste production rates, Preble County proposed to expand the landfill in phases.  In 2008, Phase I of the landfill expansion was constructed and involved the vertical expansion of the landfill to gain additional airspace within the footprint and increased the total capacity of the landfill to 4,044,500 cubic yards.  As part of the Phase I development, the discharge of dredged and/or fill material into approximately 3,789 linear feet of streams and 0.03 acre of wetland was authorized under a standard DA permit dated June 24, 2008.  Most of the Phase I expansion project was completed, however, the northern waste cell was not constructed prior the permit expiring on December 31, 2011. 


DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to discharge approximately 2,640 cubic yards of dredged and/or fill material into approximately 0.3 acre of palustrine emergent and scrub/shrub wetland, and 553 linear feet of four ephemeral streams in association with the construction of the Preble County Landfill, Phase II expansion project (see Table 1 below).  The proposed Phase II expansion would be constructed within the portion of the previously authorized footprint that was not constructed prior to the expiration of the DA permit for the Phase I expansion project.  The proposed project would consist of the lateral expansion of the perimeter berm to the north and east to allow for the construction of the landfill cell, a composite liner system, a leachate collection and management system, an explosive gas control system, a sediment pond, an access drive, a borrow area, an equipment staging area and the grading and the stabilization of the southern perimeter berm.  The proposed plans (see attached Preble County Sanitary Landfill, Landfill Expansion Project [Sheets 1-5]) for the proposed project are attached to this notice.


ALTERNATIVES ANALYSIS:  A total of 0.3 acre of one wetland and 553 linear feet of four ephemeral streams would be filled as a result of the proposal.  The project does not require access or proximity to, or siting within, the wetlands 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 a discharge into special aquatic sites such as 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 dredge 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 office determines practicable upland alternatives are not available to achieve the overall project purpose based upon the applicant’s alternative analysis.


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 6.22 acres of five wetlands, approximately 4,820 linear feet of three intermittent streams (Streams 1, 2 and a portion of 13), approximately 4,836 linear feet of ephemeral streams (Streams 3-13), and 2.93 acres of open waters are located within the proposed project area.  According to the applicant, alternative plans were considered.  Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed landfill expansion and avoids the discharge of dredged and/or fill material into higher quality streams and wetlands on-site.  The applicant’s proposed project would avoid the discharge of dredged and/or fill material into approximately 9,103 linear feet of streams (94%), 5.92 acres of wetlands (95%), and 2.2 acre of open water (100%). The proposed project design includes road widths that are the minimum necessary for safe access, and minimizes aquatic resource impacts to the maximum extent possible. 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.  Construction activities would be performed during low flow conditions.  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 after completion of construction activities. 


COMPENSATORY MITIGATION PLAN:  To compensate for the losses of waters of the United States associated with the proposed project, the applicant proposes to purchase 0.5 acre of non-forested wetland mitigation credit from the Little Scioto Wetlands Mitigation Bank and 553 stream mitigation credits from the Ohio Nature Conservancy In-Lieu Fee program.


WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification may be required for this project.  It is the applicant’s responsibility to obtain a certification from the OEPA. 


HISTORIC AND CULTURAL RESOURCES:  The National Register of Historic Places (NRHP) has been consulted and it has been determined there are no properties currently listed on the NRHP that would be indirectly or directly affected by the proposed work.  The majority of the project area has been disturbed and used as a sanitary landfill since 1971.  The Corps has determined the proposed project would have no effect on historic properties eligible or potentially eligible for inclusion on the NRHP.  A copy of this public notice will be furnished to Ohio State Historic Preservation Office for their review.  Comments concerning archaeological sensitivity of the project area should be based on collected data.


THREATENED AND ENDANGERED SPECIES: The proposed project is located within the known or historic range of the following federally-protected species: the endangered Indiana bat (Myotis sodalis); the threatened northern long-eared bat (Myotis septentrionalis); and the threatened eastern massasauga (Sistrurus catenatus). The Corps has consulted the most recently available information. Based on the project location, the results of the applicant’s habitat assessment, the presence of higher quality habitat adjacent to the project site, the avoidance of all identified potential roost trees and habitat fragmentation, and the applicant’s commitment to remove trees between October 1 and March 31 and implement best management practices during construction activities, we have determined the proposed project may affect, but would not likely adversely affect the endangered Indiana bat (Myotis sodalis), the threatened northern long-eared bat (Myotis septentrionalis), and the threatened eastern massasauga (Sistrurus catenatus).

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 United States Fish and Wildlife Service with 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). 


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, 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

                                                ATTN: CELRH-RD-N

                                                Public Notice No. LRH-2006-2454-GMR

                                                502 Eighth Street

                                                Huntington, West Virginia 25701-2070.


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, 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 Laurie Moore of the North Branch at (513) 825-1901, by mail at the above address, or by email at:                  


Table 1.0 Proposed Discharges of Dredged and/or Fill material into Waters of the United States at the Proposed Preble County Landfill Expansion Phase II, Eaton, Preble County, Ohio (39.687612, -84.636800)


Aquatic Resource

Aquatic Resource Type

Estimated amount of aquatic resource in review area


Proposed Area or Length of Impact

Proposed Quantity of Material below OHWM

Stream 9

Ephemeral Stream

304 linear feet

Construction of Cell 2D

120 linear feet

40 CY soil

Stream 11

Ephemeral Stream

102 linear feet

Construction of Cell 2C and 2E

102 linear feet

10 CY soil

Stream 12

Ephemeral Stream

838 linear feet

Construction of Cell 2E

180 linear feet

55 CY soil

Stream 13

Ephemeral Stream

2,037 linear feet

Berm Maintenance

101 linear feet

15 Cy soil

Construction of an access drive

50 linear feet

10 CY gravel,

10 CY soil, 48 linear feet of concrete culvert

Wetland 3

Palustrine emergent/scrub-shrub

0.30 acre

Berm Maintenance

0.3 acre

2,500 CY soil