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  LRH 2017-00487-ERI Drawings
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LRH 2017-00487-ERI

Posted: 5/16/2018

Expiration date: 6/13/2018


TO WHOM IT MAY CONCERN:  The following application has been submitted for a Department of the Army 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 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 project, referred to as WOO-582-7.47, PID 81000, is located along State Route (SR) 582, from the west side of Interstate 75 to the east side of SR 199, in Middleton and Webster Townships, Wood County, Ohio.  Logical termini of the linear project are as follows:

                                    West Terminus: 41.458 North, 83.629 West

                                    East Terminus: 41.457 North, 83.556 West

 

Waters of the United States (U.S.) within the proposed project area include 9,249 linear feet of Packer Creek and approximately 0.372 acre of six (6) ditches. 

 

DESCRIPTION OF PROPOSED WORK: The applicant has indicated temporary and permanent discharges of fill material into waters of the U.S. are necessary to construct the applicant’s Preferred Alternative (PA), which consists of two (2) single and complete projects under review by the Corps, referred to as Project 1 and Project 2.  To construct Project 1, the applicant has requested authorization for the permanent discharge of 792 cubic yards of fill material into 2,673 linear feet (0.488 acre) of Packer Creek and the temporary discharge of 148 cubic yards of fill material into 500 linear feet (0.091 acre) of Packer Creek to replace three stormwater outlets, install gabion baskets, replace the SR 582 bridge over Packer Creek with a culvert and rock channel protection, and create temporary construction access, as described in Table 1.  To construct Project 2, the applicant has requested authorization for the permanent discharge of 470 cubic yards of fill material into 0.291 acre (2,878 linear feet) of Ditch 8 and 90 cubic yards of fill material into 0.056 acre (453 linear feet) of Ditch 9 to relocate portions of the ditches and install a new culvert under SR 582, as described in Table 2.

 

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 9,249 linear feet of Packer Creek and 0.372 acre of six (6) ditches subject to Section 404 Clean Water Act regulation are present within the proposed project area.  According to the applicant, on-site alternatives were considered and avoidance and minimization efforts were incorporated into the project design.  The applicant completed an analysis for three different alternatives that would meet the project purpose and need.  The applicant has indicated the PA, as described above, is the least environmentally damaging practicable alternative, given the other two alternatives would result in more discharges of fill material into waters of the U.S.  A complete copy of the applicant’s alternative analysis can be reviewed, by appointment, at the above address.

 

The project has been designed to completely avoid discharges of fill material into 6,576 linear feet of Packer Creek and 0.025 acre of four (4) ditches within the project area.  The applicant has indicated that the proposed 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 2,643 linear feet of Packer Creek (Hydrologic Unit Code [HUC] 04100010), the applicant proposes to deduct 5,502 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, and purchase 885 stream credits from the North Coast Regional Council of Park District In-Lieu Fee Program in the Cedar-Portage watershed (HUC 04100010).  The applicant did not propose to provide compensatory mitigation for the discharge of fill material into 30 linear feet of Packer Creek for the replacement of three stormwater outlets or for the proposed discharges of fill material into Ditches 8 and 9.    

 

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 (NHPA).  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.  Based on previous cultural resources surveys, the applicant determined no historic cultural resources would be affected by the undertaking.

 

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)

     

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 Indiana bat or the 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-2017-00487-ERI

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 – Project 1: Nature of Proposed Discharges into Packer Creek

 

Aquatic Resource ID

Type of Fill Activity

Permanent

Temporary

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Packer Creek

Concrete, Rock Channel Protection, Gabion Baskets, and Temporary Access Fill (TAF)

792

0.488

2,673

148

0.091

500

 

 

 

 

Table 2 – Project 2: Nature of Proposed Discharges into Ditches 8 and 9

 

Aquatic Resource ID

Type of Fill Activity

Permanent

Temporary

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Ditch 8

Concrete and Earthen Fill

470

0.291

2,878

 

 

 

Ditch 9

Concrete and Earthen Fill

90

0.056

453

 

 

 

Project 2 Totals:

560

0.347

3,331