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  LRH 2017-855-LMR
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LRH 2017-855-LMR

Posted: 5/21/2018

Expiration date: 6/20/2018


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. Mike Crowe

                                    City of Wilmington

                                    69 North South Street

                                    Wilmington, Ohio 45177

 

LOCATION:  As depicted on the attached Exhibit 1: Topographic Vicinity Map Wilmington Landfill NW Expansion, Wilmington, Clinton County, Ohio  (Sheet 1 of 5), the proposed 57-acre project site would be located within the watershed of the Little Miami River, at 397 South Nelson Avenue, in Wilmington, Clinton County, Ohio (39.439782, -83.851494).  The proposed discharge of dredged and/or fill material would take place within 11 wetlands and one (1) stream, an unnamed tributary of Lytle Creek.  Lytle Creek is an indirect tributary to the Little Miami River, a traditional navigable water of the United States.     

 

PROJECT HISTORY:  The applicant, the City of Wilmington, owns and has operated the Wilmington Sanitary Landfill since the 1960’s.  The landfill provides waste collection and disposal services to Clinton County and the surrounding counties and is reaching its capacity.  There are no other landfill operations within 40 miles of the City of Wilmington’s landfill. 

 

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to discharge dredged and/or fill material into approximately 0.68 acre of 11 wetlands and 1,219 linear feet of one (1) intermittent stream in association with the Wilmington Landfill NW Expansion project (see Table 1 below).  The applicant proposes to expand the landfill by approximately 24 acres onto an adjacent property to the northwest in order to increase the capacity to facilitate the continuation of operations at the landfill to its maximum potential (~45 years). The proposed project would consist of excavation, filling and grading activities in order to construct a new disposal area, a sediment basin, roadways, and associated features.  The design plans (see attached Exhibit 2:  Minimal Degradation Alternative, Northwest Expansion, City of Wilmington, Wilmington Sanitary Landfill [Sheets 2-4 of 5]) for the proposed project are attached to this notice.

 

ALTERNATIVES ANALYSIS:  A total of approximately 0.68 acre of 11 wetlands (Wetlands 1-11), and approximately 1,219 linear feet (0.1 acre) of one (1) intermittent stream (Stream 5) 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 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 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 1,269 linear feet of intermittent stream (Stream 5), 361 linear feet of ephemeral streams (Streams 1-4), and 0.68 acre of wetlands (Wetlands 1-11) are located within the project area.  According to the applicant, alternative plans were considered.  Due to the topography of the project area, avoidance of aquatic resources was not feasible. The applicant has indicated the OEPA’s regulations regarding the design requirement and siting criteria for location of a proposed landfill were considered in the design of the project.  The siting criteria provides minimum specified distances required for certain structures or natural resources at landfills.  These requirements and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed project and to provide a buffer between the landfill expansion area and adjacent water resources. The proposed project, as currently designed, would avoid 100% of the on-site ephemeral streams (Streams 1-4) and include all of the setback distances from the nearby water resources required by the OEPA.  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 in a phased approach to allow for continued operations and would be conducted during low flow conditions.  Stormwater management and erosion control systems would be implemented during construction, including but not limited to, 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 losses of waters of the United States associated with the proposed project, the applicant proposes to purchase one (1) acre of non-forested wetland credits (1.5:1 ratio) from the Little Scioto Wetlands Mitigation Bank and 0.1 acre of forested wetland mitigation credit (2:1 ratio) from the Ohio Nature Conservancy In-Lieu Fee program.  In addition, the applicant proposes to construct 1,445 linear feet of stream onsite to mitigate for the proposed impacts to the Stream 5 (see attached Figure 6: Proposed Conceptual Stream Mitigation Plan, City of Wilmington, Wilmington Sanitary Landfill [Sheet 5 of 5]). 

 

WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification is required for this project.  It is the applicant’s responsibility to obtain a certification or waiver 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 project area is located to the west of the existing landfill and is located on a ridge that is between Lytle Creek and one of its unnamed tributaries. The site consists of a fallow to overgrown field with obvious signs of disturbances at the surface. A Phase I Cultural Resources Management survey was conducted for the project site and a report titled Phase I Cultural Resources Management Survey for the 19.8 ha (49 ac) Wilmington Landfill Expansion Project in Union Township, Clinton County, Ohio, was prepared by Weller and Associates, Inc. One (1) property, the Clinton County Children’s Home (S-5/OHI CLI002785), located outside of the project area was found to be eligible for inclusion on the NRHP under Criterion A. Based on the presence of the existing landfill and other modern components located nearby or on the historic property, the proposed project would not create an adverse visual impact to the Clinton County Children’s Home (S-5/OHI CLI002785).  The Corps has determined the proposed project would have no adverse effect on historic properties eligible or potentially eligible for inclusion on the NRHP.  A copy of this Public Notice, along with the Phase I survey report, 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 proposed project site has forested areas that may contain potential roosting habitat for the endangered Indiana bat (Myotis sodalis), and the threatened northern long-eared bat (Myotis septentrionalis).  Based on the proposed implementation of the seasonal tree clearing restrictions, we have determined the proposed project may affect, but would not likely to adversely affect either the Indiana bat (Myotis sodalis) or the northern long-eared bat (Myotis septentrionalis).  The proposed project site contains wetlands and we have determined the proposed project may affect, but would not likely adversely affect 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-2017-855-LMR

                                                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, 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 Laurie Moore of the North Branch at (513) 825-1901, by mail at the above address, or by email at: laurie.a.moore@usace.army.mil.                                                                                                                                                  

    

Table 1.0 Proposed Discharges of Dredged and/or Fill material into Waters of the United States at the Proposed Wilmington Landfill NW Expansion Site, Wilmington, Clinton County, Ohio (39.439.782, -83.851494)

 

Aquatic Resource

Type

Amount on-site

(linear feet or acre)

Proposed Impact

(linear feet and/or acre)

Nature of Activity

% Avoided

Stream 1

Ephemeral

41 lf

0

N/A

100%

Stream 2

Ephemeral

147 lf

0

N/A

100%

Stream 3

Ephemeral

92 lf

0

N/A

100%

Stream 4

Ephemeral

81 lf

0

N/A

100%

Stream 5

Intermittent

1,269 lf

1,219 lf (0.1 ac)

Fill, grading, excavation and installation of clay liner

4%

Wetland 1

Palustrine Emergent

0.01 ac

0.01 ac

excavation and installation of clay liner

0%

Wetland 2

Palustrine Emergent

0.13 ac

0.13 ac

excavation and installation of clay liner

0%

Wetland 3

Palustrine Emergent

0.08 ac

0.08 ac

excavation and installation of clay liner

0%

Wetland 4

Palustrine Emergent

0.03 ac

0.03 ac

excavation and installation of clay liner

0%

Wetland 5

Palustrine Scrub-shrub

0.10 ac

0.10 ac

Fill, grading, excavation and installation of clay liner

0%

Wetland 6

Palustrine Emergent

0.07 ac

0.07 ac

Fill, grading, excavation and installation of clay liner

0%

Wetland 7

Palustrine Emergent

0.09 ac

0.09 ac

Fill, grading, excavation and installation of clay liner

0%

Wetland 8

Palustrine Scrub-shrub

0.03 ac

0.03 ac

excavation and installation of clay liner

0%

Wetland 9

Palustrine Scrub-shrub

0.07 ac

0.07 ac

excavation and installation of clay liner

0%

Wetland 10

Palustrine Scrub-shrub

0.03 ac

0.03 ac

Fill, grading, excavation and installation of clay liner

0%

Wetland 11

Palustrine Forested

0.04 ac

0.04 ac

excavation and installation of clay liner

0%