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LRH 2019-320-TUS

Published July 12, 2019
Expiration date: 8/11/2019

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. Patrick Herron

                                    Wayne County Commissioners

                                    428 West Liberty Street

                                    Wooster, Ohio 44691            

LOCATION:  As depicted on the attached Sheet 1 of 2, the proposed project would be located within the Wayne County Airport Property, northwest of the Village of Smithville, in Wayne County, Ohio (40.87375833 latitude, -81.88861111 longitude).  The waters on site flow into Sugar Creek, which is a direct tributary of the Tuscarawas River, a traditional navigable water of the United States.  

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to discharge dredged and/or fill material into 0.97 acre of six (6) emergent wetlands (reference attached Table 1) in conjunction with the construction of a taxiway.  The overall project would include the construction of a 35 foot by 5,192 foot taxiway that would run parallel to the existing runway and the construction of a storm water basin.  Plans for the proposed project are attached to this notice (Sheet 2 of 2).

ALTERNATIVES ANALYSIS:  As a result of the proposal, fill material would be discharged into 0.97 acre of six (6) emergent wetlands.  The project does not require access or proximity to 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 or by submitting a request in accordance with the Freedom of Information Act.  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 3,546 linear feet (lf) of four (4) streams and 1.26 acres of eight (8) wetlands are located within the site.   According to the information provided, a total of 0.29 acre of emergent wetlands (23% of wetlands) and 3,546 lf of streams (100% of streams) on-site would be avoided.  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 1.41 acres of non-forested wetland mitigation credits from the North Coast Regional Council of Park District In-Lieu Fee Program.  The In-Lieu Fee Program is located within the Tuscarawas River watershed (HUC-8 05040001).

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

LEAD FEDERAL AGENCY:  The Federal Aviation Administration (FAA) is the lead Federal agency for this proposal.  In accordance with the National Environmental Policy Act (NEPA), the FAA is currently preparing a Categorical Exclusion (CE) for this project. The Corps intends to rely upon the information collected by or on behalf of the FAA, and consultation performed by or on behalf of the FAA, in support of our independent evaluation of the permit request.

HISTORIC AND CULTURAL RESOURCES:  As lead Federal agency, the FAA is responsible for compliance with the Section 106 of the National Historic Preservation Act.  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.  In support of our independent permit decision, the Corps intends to rely upon the information collected and the consultation performed on behalf of the FAA regarding the proposed project’s effects to historic properties.  A copy of this Public Notice will be sent to the State Historic Preservation Office for review.  Comments concerning archaeological sensitivity of a 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 endangered Indiana bat (Myotis sodalis), the threatened northern long-eared bat (Myotis septentrionalis), the threatened eastern prairie fringed orchid (Plantanthera leucophaea), and the threatened eastern massasauga (Sistrurus catenatus).  As the lead Federal agency, the FAA is ultimately responsible for compliance with Section 7 of the Endangered Species Act.  In support of our independent permit decision, the Corps intends to rely upon the information collected by or on behalf of the FAA, and consultation performed by or on behalf of the FAA, regarding the effects to threatened or endangered species.

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


Public Notice:  LRH-2019-320-TUS

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 Ms. Katie Samples of the North Branch, at 304-399-6933, by mail at the above address, or by email at


Table 1.  Proposed discharges of dredged and/or fill material into Waters of the United States associated with the Wayne County Airport Parallel Taxiway Project.

Aquatic Resource

Latitude & Longitude

(°N)            (°W)

Flow Regime or Cowardin Class

Estimated amount of aquatic resource in review area

Acres (ac) of Fill

Wetland C



Emergent Wetland

0.34 ac

0.34 ac

Wetland D



Emergent Wetland

0.55 ac

0.38 ac

Wetland F



Emergent Wetland

0.13 ac

0.13 ac

Wetland G



Emergent Wetland

0.10 ac

0.10 ac

Wetland H



Emergent Wetland

0.02 ac

0.003 ac

Wetland I



Emergent Wetland

0.02 ac

0.02 ac


0.97 ac