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LRH-2010-1009-GMR

Published July 30, 2013
Expiration date: 8/28/2013

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 Section 401 Water Quality Certification for the following application.

 

APPLICANT:               Mr. Dave Mohr

                                    Ohio Department of Natural Resources

                                    2045 Morse Road  Bldg. E-3

                                    Columbus, Ohio  43229

 

LOCATION:  As depicted on the attached Figures 1 and 2, the proposed project would be located (Latitude 39° 30’ 31.29”, Longitude -84° 1’ 22.52”) in Caesar Creek Lake and adjacent streams and wetlands located west of State Route 73 near Waynesburg (Massie Township) Warren County, Ohio.  Caesar Creek Lake is an impoundment of Caesar Creek, a direct tributary to the Little Miami River, a traditional navigable water (TNW) of the United States. 

DESCRIPTION OF PROPOSED WORK:  The applicant has requested DA authorization to discharge approximately 2,587 cubic yards of dredged and/or fill material into approximately 546 linear feet (0.126 acre) of stream, approximately 0.002 acre of Young Angler’s Pond and 1.202 acres of Caesar Creek Lake in association with the construction of a 419 slip recreational marina and attendant features.  Dredged and/or fill material would be discharged into:

·         60 linear feet (0.016 acre) of Stream ET2 to facilitate the construction of a crossing for an access road to the marina; 

·         376 linear feet of Stream ET2 and 110 linear feet Stream ET3 in conjunction with the establishment of 1,035 linear feet of new stream channel (PT1 & PT2) as part of the applicant’s compensatory mitigation proposal;

·         2,000 linear feet (0.168 acre) of the lake for the installation of a rock revetment for shoreline protection;

·         925 linear feet (0.271 acre) of the lake for the installation of rock revetment, topsoil and clean fill for the establishment of emergent planting shelves as part of the applicant’s compensatory mitigation proposal;

·         0.041 acre of the lake to create cobble piles for fish habitat;

·         1,340 linear feet (0.313 acre) of the lake to create fish spawning areas as part of the applicant’s compensatory mitigation proposal;

·         0.310 acre of lake to facilitate the construction of the marina;

·         0.099 acre of lake to facilitate the construction of boat ramp; and

·         0.002 acre of Young Angler’s pond to facilitate the replacement of the earthen dam structure and outfall structure (See Attached Figures 3-10 and Table 1).

The proposed marina would extend along the 1,430 feet of the shoreline of Caesar Creek Lake.  Two floating wave attenuators attached to anchors, consisting of concrete blocks or helical screws, at the bottom of the lake would be installed to create an inner harbor for the proposed marina.  The outer attenuator would extend from the north bank in an arc to the south where it would extend 700 feet into the lake at its farthest point.  The inner attenuator would extend from the south bank in an arc to the north where it would extend 535 feet into the lake at its farthest point.  The opening between the attenuators through which vessels would pass would be 130 feet.  The docks and attenuators would have access at three locations, each with hinged and/or adjustable gangways that would allow for fluctuations in water levels.  Access to the north attenuator would be via a 100 foot gangway.  Access to the headwalk and south attenuator would be through two, 80 foot gangways with an adjustable, pile supported transition platform to maintain accessibility.  Installation of the docks, attenuators and gangways would not result in a discharge of dredged or fill material and is not subject to Section 404 of the Clean Water Act. 

Approximately 30,340 cubic yards of material would be excavated via backhoes, excavators and dump trucks to accommodate acceptable depths in the marina for boat traffic.  Approximately 0.174 acre of wetlands (W5a – 0.037 acre, W5b – 0.033 acre, W5c – 0.044 acre and W5d – 0.060 acre) would be eliminated as part of the marina dredging.  All dredged material would be transported to an upland disposal area.  The excavation of material from Caesar Creek Lake would not result in a discharge of dredged or fill material and is not subject to Section 404 of the Clean Water Act.  

Plans (Figures 1 - 10) of the proposal are attached to this notice.

ALTERNATIVES ANALYSIS: A total of 546 linear feet (0.126 acre) of stream, approximately 0.002 acre of Young Angler’s Pond and 1.202 acres of Caesar Creek Lake 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 that 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 fill material.  The applicant has submitted the required 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 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 of the United States, consideration must be given to avoiding impacts on these sites.  If waters of the United States cannot be avoided, impacts must be minimized.  A total of approximately 0.347 acre of wetlands, 1,816 linear feet of streams and 10.504 acres of deep water habitat, subject to jurisdiction under Section 404 of the Clean Water Act, exist within the project area.  Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed marina project.  The applicant initially proposed to impact 0.347 acre of wetlands, 1,816 linear feet of streams and 17.34 acres of deep water habitat.  The applicant has redesigned its proposed marina configuration so that approximately 0.174 acre of wetlands, 1,270 linear feet of streams and 9.299 acres of deep water habitat would be avoided as part of the overall project design.  Additionally, storm water pollution prevention control measures, such as the use of the on-site storm water filtration systems in the parking lots and throughout the site, would be utilized to prevent secondary effects to Caesar Creek Lake through the discharge of silt laden water.

COMPENSATORY MITIGATION PLAN:  To compensate for the proposed losses of waters of the United States associated with the marina construction, the applicant proposes to: establish 0.247 acre of emergent wetland along the shoreline; create 0.419 acre of fish spawning beds consisting of mixed sand, gravel and structure (boulders, rock, piles, logs and etc.) within Caesar Creek; and establish of 1,035 linear feet of stream using natural stream design techniques to improve aquatic habitat.  As part of the stream establishment activity, approximately 376 linear feet of Stream ET2 would be reconstructed and restored to establish 405 linear feet of channel that includes meanders, riffles, pools, a bankfull bench, and vernal pools in the overbank areas.  In addition, approximately 110 linear feet of Stream ET3 would be reconstructed and restored to create 630 linear feet of channel that includes meanders, riffles, pools, a bankfull bench, and vernal pools in the overbank areas. 

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

HISTORIC AND CULTURAL RESOURCES: The National Register of Historic Places (NRHP) has been consulted and it has been determined that there are no properties currently listed on the NRHP that would be indirectly or directly affected by the proposed work.  The Corps has determined that the proposed project would have no effect on a historic property listed on, or eligible for listing on, the NRHP.  A copy of this public notice 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 endangered species:  Indiana bat; running buffalo clover; and rayed bean mussel.  The Corps has consulted the most recently available information and information provided by the applicant to make an effect determination.  Due to the project type, size and location the project as proposed would have no effect on either the running buffalo clover or the rayed bean mussel.  The proposed project site contains some forested habitat.  Should tree-cutting activities be required, the applicant has proposed to minimize the potential impact to the Indiana bat through the implementation of a seasonal tree-clearing restriction (prior to April 1 and after September 30).  Therefore, due to limited habitat on-site, the avoidance of potentially suitable habitat, and the implementation of a tree-clearing restriction, the Corps has determined that the proposed project is not likely to adversely affect the Indiana bat.  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 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 protection and 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

                                                ATTN: CELRH-RD-N

                                                Public Notice No. LRH-2010-1009-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 Lee A. Robinette of the North Branch at (304) 399-5930, by mail at the above address, or by email at: lee.a.pittman@usace.army.mil.

 

Table 1.  Proposed discharges of dredged and/or fill material into waters of the United States associated with each activity for the proposed project. 

Activity

Cubic Yards

Water Feature

Area (acres)

Length (linear feet)

Road Crossing

59

Stream ET2

0.016

60

Stream Relocation/Restoration

212

Stream ET2

0.097

376

Stream Relocation/Restoration

18

Stream ET3

0.013

110

Rock Revetment for Shoreline Protection

350

Caesar Creek Lake

0.168

2,000

Rock Revetment & Fill to Create Emergent Planting Shelves

337

Caesar Creek Lake

0.271

925

Cobble Piles for Fish Habitat

230

Caesar Creek Lake

0.041

--

Fish Spawning Areas

552

Caesar Creek Lake

0.313

1,340

Construction of Marina

761

Caesar Creek Lake

0.310

1,430

Boat Ramp

58

Caesar Creek Lake

0.099

27

Young Angler’s Pond Weir & Outlet Structure

10

Young Angler’s Pond

0.002

50