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LRH 2022-869-SCR

Published Jan. 13, 2023
Expiration date: 2/11/2023

TO WHOM IT MAY CONCERN:  The intent of this Public Notice is to provide an opportunity for the public to express their views on proposed adverse effects to historic properties associated with the proposed Churn Creek Dam Decommissioning Project.


APPLICANT:           Mr. Jeremy Wenner

      Ohio Department of Natural Resources (ODNR)

      Division of Engineering

                                 2045 Morse Road, Building E3

                                 Columbus, Ohio 43229


LOCATION:  The proposed project would be located within the Shawnee State Forest at the Churn Creek Dam in Jefferson Township, Adams County, Ohio at approximately 38.718812 latitude, -83.277866 longitude (Sheet 1 of 2).

DESCRIPTION OF PROPOSED WORK:  The applicant, the ODNR, has requested a Department of the Army (DA) permit authorization for the permanent discharge of dredged and/or fill material into waters of the United States associated with the decommissioning of the Churn Creek Dam within the Shawnee State Forest.  The proposed project would include dewatering the impoundment and creating an outlet channel of rock channel protection.  The proposed project would result in the permanent discharge of dredged and/or fill material into 15 linear feet (0.006 acre) of perennial stream (ST-001) and 0.027 acre of Churn Creek Impoundment.  Plans for the proposed project are attached to this Public Notice (Sheets 2 of 2).

The United States Army Corps of Engineers (Corps) was determined to be the lead federal agency for this undertaking, as the only federal action in association with this proposal is the requirement to obtain authorization under Section 404 of the Clean Water Act for the discharge of dredged and/or fill material into waters of the United States.  The proposed discharges of dredged and/or fill material into waters of the United States associated with the Churn Creek Dam Decommissioning Project are being considered for DA permit authorization under the Nationwide Permit (NWP) #3 described in the December 27, 2021 Federal Register (FR), Reissuance and Issuance of NWPs (86 FR 73522).

The Corps is required by the National Historic Preservation Act (NHPA) to ensure no Federal undertaking, including a Corps’ permit action, which may affect historic resources, is commenced before the impacts of such action are considered and the Advisory Council on Historic Preservation (ACHP) and the State Historic Preservation Office (SHPO) are provided an opportunity to comment as required by the NHPA, 36 CFR Part 800, and 33 CFR Part 325, Appendix C.

Based on the Phase I Cultural Resources Survey of 7.3 Acres (3 ha) for the Churn Creek Dam Decommissioning Project in Shawnee State Forest, Adams County, Ohio (report) dated January 18, 2022, it has been determined that the Churn Creek Dam Decommissioning Project would affect the National Register of Historic Places (NRHP) eligible Churn Creek Dam and Reservoir (Ohio Historic Inventory ADA0060911).  We have determined the proposed undertaking would have an adverse effect on the aforementioned NRHP eligible resource. 

The applicant understands that mitigation would be required for the adverse effect and a Memorandum of Agreement would be required and made part of any DA authorization for the proposed project.  This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects on historic properties.

PUBLIC INTEREST:  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 proposed adverse effect on historic properties.  Should you wish to express your views on the undertaking’s effects on historic properties, provide comments, objections or mitigation proposals associated with the proposed undertaking’s effects on historic properties, or participate as a consulting party, please forward this information to our office prior to the close of the comment period for this Public Notice. 

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 (1) of this Public Notice.  If no comments are received by that date, it will be considered that there are no objections.  Comments should be submitted electronically to Kayla Osborne by email at kayla.n.osborne@usace.army.mil.  If you do not have internet access, comments may be submitted through the U.S. Postal Service (USPS) to the following address:


United States Army Corps of Engineers, Huntington District

ATTN:  CELRH-RDN, Public Notice - LRH-2022-869-SCR

502 Eighth Street

Huntington, West Virginia 25701-2070


Copies should only be provided through the USPS when electronic transmission is not possible.  Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to process and receive hard copy submissions.  To be considered in our evaluation, comments submitted through the USPS should have a postmark dated on, or prior to, the close of the comment period listed on page one (1) of this Public Notice.

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 Kayla Osborne of the North Branch, at 304-399-5850, by mail at the above address, or by email at kayla.n.osborne@usace.army.mil.  If the drawings are not yet posted on this website, you may request copies of the drawings via email to Mrs. Osborne.