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LRH-2013-61-GMR

Published Feb. 15, 2013
Expiration date: 3/18/2013

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: The City of Dayton 3600 Terminal Drive, Suite 300 Vandalia, Ohio 45377 LOCATION: The proposed project would be located at the Dayton International Airport, northeast of the Dog Leg Road and U.S. Route 40 (National Road) intersection, in Dayton, Montgomery County, Ohio (See attached Figures 1 and 2 of 6). The unnamed tributary to the Stillwater River (See attached Figure 3 of 8) is an indirect tributary to the Great Miami River, a traditionally navigable water of the United States. The project site is located at latitude 39.8904 North, longitude 84.2587 West.

DESCRIPTION OF PROPOSED WORK: The applicant proposes to discharge dredged or fill material into waters of the United States to facilitate aircraft safety by eliminating wildlife attractants near the existing airport runway (See attached Figures 4-6 of 6). To accomplish this objective, the applicant proposes to install a culvert and discharge fill material into approximately 1,575 linear feet of an unnamed tributary to the Stillwater River. The proposed culvert installation would expand an existing stormwater conveyance conduit from a headwall that is currently draining the adjacent runway and taxiways. Plans (Figures 1-4) of the proposal are attached to this notice.

ALTERNATIVES ANALYSIS: The applicant is required to show that no other less damaging practicable alternatives, which do not require the discharge of fill material into waters of the United States, are available that would achieve the overall project purpose. The applicant has submitted the required alternatives analysis and it is currently under review. A complete copy of the applicant's alternative analysis can be reviewed, by appointment, at the above address. No permit will be issued unless the alternatives 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 oftheIn evaluating a project area containing waters ofthe United States, consideration must be given to avoiding impacts on these sites. A total of approximately 1,800 linear feet of stream, subject to Section 404 Clean Water Act regulation, exists on the project site. Avoidance and minimization efforts were incorporated into the proposal. The proposed project has been designed to avoid discharging fill material into 225 linear feet of the on-site stream. The applicant incorporated open bottom culverts into its overall plan to minimize discharges of fill material into waters of the United States.

COMPENSATORY MITIGATION PLAN: The applicant has submitted a conceptualThe applicant has submitted a conceptual mitigation plan. The applicant proposes to preserve a minimum of 1,400 linear feet of stream and four (4) acres of riparian and upland buffer within the Englewood MetroPark located approximately one (1) mile from the proposed project site (See attached Figure 5 of 6). Additionally, the applicant proposes to enhance the stream's riparian and upland buffer by removing invasive honeysuckle and replanting with native trees along the upper reach, and adding additional native trees to the understory along the lower reach (See attached Figure 6 of 6).

WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification isA 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: The National Register of Historic PlacesThe National Register of Historic Places (NRHP) has been consulted and it has been determined there are no properties currently listed on the NRHP which would be indirectly or directly affected by the proposed work. The Corps has determined the proposed project has no potential to affect any property eligible or potentially eligible for listing on the NRHP. The project site is located in an area extensively modified by previous work that was created in modem times and the proposed work is of a limited nature and scope that there is little likelihood of affecting a historic property, even if such property existed. Additionally, in a letter dated July 15, 1998 concerning an adjacent channelization which encompassed the proposed project area at the airport, authorized by the Corps under permit number LRL-199800835, the Ohio Historic Preservation Office stated no property eligible for inclusion or included on the NRHP would be affected by the proposal given the extent of disturbance in the area and based upon the location of the project. A copy of this Public Notice will be sent to the 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 theThe proposed project is located within theknown or historic range of the following endangered species: Indiana bat, Myotis sodalis;     Rayed bean mussel, Villosa fabalis; and Snuffbox mussel, Epioblasma triquetra. The Corps has consulted the most recently available information and information provided by the applicant to make an effect determination. The proposed project site is located within an active airport runway, in a previously disturbed area that does not contain suitable habitat for the aforementioned endangered species. Therefore, we have determined the proposed project would have no effect on any of the aforementioned endangered species. 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 to the United States 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 beThis 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) ofthe Clean Water Act (40 CFR part 230). The decision whether to issue a permit will be based on an evaluation ofthe probable impacts, including cumulative impacts, ofthe 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.

SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public,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 ofthis 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 ofthis 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 reachAll comments pertaining to this Public Notice must reach this office on or before the close ofthe comment period listed on page one ofthis 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-2013-61-GMR

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, are 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 513-825-2752, by mail at the above address, or by email at laurie.a.moore@usace.army.mil.