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LRH 2015-0540-MAU

Published June 13, 2019
Expiration date: 7/12/2019

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 overall highway project, referred to as LUC-475-Dorr Street Interchange, PID 99737, includes three single and complete projects, referred to as Projects 1-3.  All three projects are located within Springfield Township, Lucas County, Ohio as follows:

  • Project 1: Project 1 is located along Interstate (I) 475, approximately one-half mile north of Angola Road, with a center coordinate of: 41.629 North, 83.693 West.
  • Project 2: Project 2 is located along I-475, approximately one-third mile south of Dorr Street, with a center coordinate of: 41.649 North, 83.695 West.
  • Project 3:  Project 3 is located along I-475 approximately one-quarter mile north of Dorr Street, with a center coordinate of: 41.657 North, 83.695 West.

     

Waters of the United States (U.S.) within the overall LUC-475-Dorr Street Interchange, PID 99737 project area include 2,789 linear feet of perennial stream, 851 linear feet of intermittent stream, 402 linear feet of ephemeral stream, 2.065 acres of wetland, 0.072 acre of perennial ditch, and 0.005 acre of intermittent ditch.

DESCRIPTION OF PROPOSED WORK: The applicant has requested authorization to discharge dredged and/or fill material into waters of the U.S. to construct the applicant’s Preferred Alternative (PA) for the proposed LUC-475-Dorr Street Interchange, PID 99737 project.  The overall project would consist of pavement replacement/rehabilitation and widening of I-475/US-23, construction of noise walls, bridge replacements, reconfiguration of the I-475/Dorr Street interchange, and widening of Dorr Street.  The PA consists of three (3) single and complete projects, Projects 1-3, at the locations described above. 

  • Project 1 - To construct Project 1, the applicant has requested authorization for the permanent discharge of 25 cubic yards of fill material into 30 linear feet (0.010 acre) of Stream 9 to extend the culvert conveying Stream 9 under I-475, and roadway grading as part of the widening of I-475 to six lanes.  Proposed discharges of fill material to complete Project 1 are described in Table 1. 
  • Project 2 - To construct Project 2, the applicant has requested authorization for the permanent discharge of 510 cubic yards of fill material into 233 linear feet (0.070 acre) of Stream 1, and the permanent discharge of 3,016 cubic yards of fill material into 0.62 acre of two palustrine emergent (PEM) wetlands as part of the widening of I-475 to six lanes.  Proposed discharges of fill material to complete Project 2 are described in Table 2. 
  • Project 3 - To construct Project 3, the applicant has requested authorization for the permanent discharge of 193 cubic yards of fill material into 147 linear feet (0.054 acre) of Stream 3, and the permanent discharge of 484 cubic yards of fill material into 0.010 acre of two palustrine forested wetlands (PFO) as part of the reconfiguration of the I-475/Dorr Street interchange.  Proposed discharges of fill material to complete Project 3 are described in Table 3. 

     

ALTERNATIVES ANALYSIS:  To complete Projects 1-3, fill material would be discharged into approximately 147 linear feet of one (1) perennial stream, 263 linear feet of two (2) intermittent streams, 0.62 acre of two (2) PEM wetlands, and 0.010 acre of two (2) PFO wetlands.  The projects do not require access or proximity to or siting within the waters of the U.S. to fulfill their basic purpose and are considered non-water dependent activities.  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 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 2,789 linear feet of seven (7) perennial streams, 851 linear feet of two (2) intermittent streams, 402 linear feet of one (1) ephemeral stream, 1.455 acres of ten (10) PEM wetlands, 0.61 acre of two (2) PFO wetlands, 0.072 acre of one (1) perennial ditch, and 0.005 acre of one (1) intermittent ditch subject to Section 404 Clean Water Act regulation are present within the overall project area.

The overall project has been designed to completely avoid discharges of fill material into 2,642 linear feet of perennial stream, 588 linear feet of intermittent stream, 402 linear feet of ephemeral stream, 0.835 acre of PEM wetlands, 0.513 acre of PFO wetlands, and 0.077 acre of ditches within the overall 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:  The applicant has submitted a compensatory mitigation plan detailing the following proposed mitigation measures:

  • To compensate for the discharge of fill material into 30 linear feet of Stream 9 (Hydrologic Unit Code [HUC] 04100009), 233 linear feet of Stream 1 (HUC 04100001), and 147 linear feet of Stream 3 (HUC 04100001), the applicant proposes to deduct 410 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 0.160 acre of one (1) Category 1 wetland (HUC 04100001), the applicant proposes to deduct 0.24 acre of wetland mitigation credit from ODOT’s HAN/WYA-30 Pooled Wetland Mitigation Area (HUC 04100008) in Hancock County, Ohio.
  • To compensate for the permanent discharge of fill material into 0.560 acre of three (3) Category 2 forested and non-forested wetlands (HUC 04100001), the applicant proposes to purchase 1.4 credits from the Pearson Mitigation bank (HUC 04100010) in Lucas County, Ohio.

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 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)
  • Karner blue butterfly (Lycaeides melissa samuelis) (E)
  • Kirtland’s warbler (Setophaga kirtlandii) (E)
  • Piping plover (Charadrius melodus) (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 overall project would have no effect on the Karner blue butterfly, Kirtland’s warbler, piping plover, rayed bean mussel, eastern prairie fringed orchid, rufa red knot, or the eastern massasauga. 

In accordance with the Ohio Programmatic Biological Opinion (PBO) for the Indiana bat and the northern long-eared bat issued by the United States Fish and Wildlife Service on February 29, 2016, the applicant has determined the overall project may affect, but would not be likely to adversely affect the Indiana bat and the northern long-eared bat, and has committed to implement avoidance and minimization measures.  The U.S. Fish and Wildlife Service concurred with the applicant’s determinations and that the project is consistent with the provisions of the PBO.

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-2015-00540-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) 692-4660, 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 Waters of the U.S.

Stream ID – Flow Regime

Type of Fill Activity

Permanent

Length

(Linear Feet)

Fill Area

(Acres)

Fill Volume (Cubic Yards)

Stream 9

(Kallager Ditch) - Intermittent

Culvert – Concrete, Rock Channel Protection, and Earthen, Granular or Embankment Fill

30

0.010

25

 

 

Table 2 – Project 2: Nature of Proposed Discharges into Waters of the U.S.

Stream ID – Flow Regime

OR

Wetland ID – Cowardin Classification

Type of Fill Activity

Permanent

Length

(Linear Feet)

Fill Area

(Acres)

Fill Volume (Cubic Yards)

Stream 1

(Mayer Ditch) - Intermittent

Culvert Extension and New Roadway –Rock Channel Protection and Rock Channel Protection

233

0.070

510

Wetland C – PEM

Culvert Extension and Grading - Concrete, Rock Channel Protection, and Earthen, Granular or Embankment Fill

 

0.160

789

Wetland D - PEM

Grading - Earthen, Granular or Embankment Fill

 

0.460

2,227

 

 

Table 3 – Project 3: Nature of Proposed Discharges into Waters of the U.S.

Stream ID – Flow Regime

OR

Wetland ID – Cowardin Classification

Type of Fill Activity

Permanent

Length

(Linear Feet)

Fill Area

(Acres)

Fill Volume (Cubic Yards)

Stream 3

(Haefner Ditch) - Perennial

Culvert Extension – Concrete, Rock Channel Protection, and Earthen, Granular or Embankment Fill

147

0.054

193

Wetland A - PFO

Grading - Earthen, Granular or Embankment Fill

 

0.050

242

Wetland B - PFO

Grading - Earthen, Granular or Embankment Fill

 

0.047

242