REGIONAL GENERAL PERMIT
STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
To Whom It May Concern: In accordance with Title 33 CFR 325.5(c)(1) as published on November 13, 1986, in the Federal Register, Volume 51, Number 219, the District Engineer of the Huntington District U.S. Army Corps of Engineers (Corps), is proposing to re-issue a Regional General Permit (RGP) to the Ohio Department of Transportation (ODOT) that would authorize the discharge of dredged and/or fill material into waters of the United States (U.S.) for certain linear transportation projects pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA).
This proposed RGP would authorize activities in waters of the United States (U.S.) including work, structures, and filling (both temporary and permanent) associated with linear transportation projects and the maintenance of existing transportation infrastructure conducted by the ODOT in the state of Ohio. This proposed RGP would authorize activities in such waters except those excluded by any special, regional, or general permit conditions.
The ODOT would be responsible for ensuring that projects which utilize this proposed RGP are in full compliance with all of the terms and conditions of the RGP. The ODOT’s authorization could be suspended, modified or revoked in accordance with 33 CFR 325.7 if a determination is made by the Corps that the ODOT’s request is/was inaccurate, incomplete, or made in bad faith. Enforcement actions could be initiated if such a determination is made.
Conditions and limitations for the activities authorized by this proposed RGP are attached. The RGP would remain in effect for a period of five years unless modified or rescinded. At the end of five years, a complete re-evaluation will be performed according to regulations governing the use of regional general permits.
WATER QUALITY CERTIFICATION AND COASTAL ZONE CONSISTENCY DETERMINATION: This public notice shall serve as a request to the Ohio Environmental Protection Agency (Ohio EPA) by the Corps to act on the Section 401 Water Quality Certification, for the proposed RGP and to the Ohio Department of Natural Resources (ODNR) for Coastal Zone Management Act (CZMA) consistency determination.
PUBLIC INTEREST REVIEW AND COMMENT: This proposed RGP will be reviewed in accordance with 33 CFR 320-332, the implementing regulations for the Corps’ Regulatory Program as well as other pertinent laws, regulations, and executive orders. The Corps’ evaluation will also comply with the Section 404 (b)(1) Guidelines promulgated by the United States Environmental Protection Agency pursuant to the Clean Water Act at 40 CPR part 230. The decision whether to issue a permit will be based on an evaluation of the probable impacts associated with the discharge of dredged and/or fill material into waters of the U.S., including cumulative impacts of the proposed activities on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which may be reasonably 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 and must set forth sufficient detail to furnish a clear understanding of the reasons for support or opposition to the proposed work 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 clearly state valid 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.
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 to the proposed RGP. 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-2008-00689
Building 10/ Section 10
PO Box 3990
Columbus, OH 43218-3990
Please note the 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 Peter Clingan of the South/Transportation Branch, at 614-692-4654, by mail at the above address, or by email at firstname.lastname@example.org.