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LRH 2013-487-SCR

Published Jan. 30, 2015
Expiration date: 3/2/2015

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:  Ohio Department of Transportation (ODOT)

1980 West Broad Street, Mail Stop 4170

Columbus, Ohio 43223

 

LOCATION:  The proposed project is located along State Route (SR) 104 on the Lake White dam.  The proposed project has a northern terminus coordinate of 39.108 north latitude, 83.007 west longitude, and southern terminus coordinate of 39.095 north latitude, 83.019 west longitude  south of the City of Waverly, Pike County, Ohio.  Waters of the United States (U.S.) within the project area include Lake White, Crooked Creek, Pee Pee Creek, eleven wetlands, and one pond.

 

DESCRIPTION OF PROPOSED WORK:  The applicant proposes to discharge fill material into waters of the U.S. to rehabilitate approximately one mile of SR 104.  The rehabilitation would include roadway widening, resurfacing, SR 104 intersection improvements at SR 551 and SR 552, SR 104 and County Road 105 intersection relocation, bridge replacement over the Lake White spillway, armoring of the Lake White/SR 104 dam, and relocation of Crooked Creek away from the roadway embankment and spillway.  The applicant has indicated permanent and temporary discharges of fill would be necessary in Lake White, Crooked Creek, Pee Pee Creek, and Wetlands 1, 4, 6, 8, and 10 to construct wingwalls, abutments, piers, a cofferdam, a lake drain intake structure, and roadway embankment; install rock channel protection and temporary work pads; and relocate Crooked Creek away from SR 104. 

The applicant seeks authorization for their Minimal Degradation Alternative.  Under the Minimal Degradation Alternative, the applicant proposes to discharge fill material into 2.703 acres of Lake White, 1,442 linear feet of two perennial streams, and 0.284 acre of five wetlands.  Please refer to the attached Tables 1, 2, and 3 for a summary of proposed discharges.  Plans 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 special aquatic sites, are available that would achieve the overall project purpose. No permit will be issued until the alternatives analysis clearly shows that practicable alternatives are not available to achieve the overall project purpose.

The applicant has submitted an alternatives analysis for review.  The alternatives include a Preferred Alternative, a Minimal Degradation Alternative, and a Non-Degradation Alternative.  The Minimal Degradation Alternative is described above.  The discharge of fill material into waters of the U.S. under the Preferred Alternative (PA) would be increased from the Minimal Degradation Alternative by discharging fill into an additional:

·       30 linear feet of Pee Pee Creek due to a wider concrete footprint and extended bridge wingwalls for more gradual embankment slopes of 3:1 compared to 2:1 slopes under the Minimal Degradation Alternative

·       0.316 acre of wetland for embankment fill.

 

All other discharges of fill material into waters of the U.S. under the PA would be the same as described under the Minimal Degradation Alternative.  The Non-Degradation Alternative is a “no build” alternative.  Under the Non-Degradation Alternative, no discharge of fill material into waters of the U.S. would occur.  The applicant has indicated the Non-Degradation Alternative would not meet the project purpose.  A complete copy of the alternatives analysis can be reviewed, by appointment, at the location described at the beginning of the notice.

 

AVOIDANCE AND MINIMIZATION:  In evaluating a project area containing waters of the U.S., consideration must be given to avoiding waters of the U.S.  If waters of the U.S. cannot be avoided, the discharge of fill material into waters of the U.S. must be minimized.  A total of approximately 6 acres of Lake White, 2,475 linear feet of perennial stream, and 4.89 acres of wetland subject to Section 404 Clean Water Act regulation exist within the proposed project area.  Avoidance and minimization efforts were incorporated into the proposal.  According to the applicant and as described above, alternative plans were considered. 

As described above, the initial Preferred Alternative design involved the discharge of fill into 2.703 acres of Lake White, 1,472 linear feet of stream, and 0.6 acre of wetland.  The discharges were minimized under the Minimal Degradation Alternative by utilizing steeper embankment slopes.  The applicant determined further avoidance of waters of the U.S. was not practicable due to complex roadway and dam design, dam/spillway hydraulic alteration, traffic, orientation of aquatic resources, land use/right-of-way constraints, and construction costs involved with this project.

 

COMPENSATORY MITIGATION PLAN:  To compensate for the discharge of fill material into 1,442 feet of stream, the applicant proposes to relocate 1,070 feet of Crooked Creek within the project area utilizing natural stream design.  Additionally, the applicant proposes to deduct  165 linear feet of stream mitigation credit from ODOT’s Sunday Creek Coal Company 2 Pooled Mitigation Area in Hocking County, Ohio.  To compensate for the discharge of fill material into wetlands, the applicant proposes to purchase 0.781 acres of wetland credit from the Redstone Farm Mitigation Bank in Pike County, Ohio.

 

WATER QUALITY CERTIFICATION:  A 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 Federal Highway Administration (FHWA) is the lead Federal agency for this project and is responsible for compliance with the Section 106 of the National Historic Preservation Act.  The applicant determined no historic properties would be affected by the proposed project.  In support of our independent permit decision, the Corps intends to rely upon the information collected and the consultation performed on behalf of FHWA regarding the effects to historic properties.  A copy of this Public Notice will be sent to the Ohio History Connection, 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 following endangered (E) or proposed endangered (PE) species:  

·       Indiana bat (Myotis sodalis) (E),

·       Northern long-eared bat (Myotis septentrionalis) (PE),

·       clubshell mussel (Pleurobema clava) (E),

·       northern riffleshell mussel (Epioblasma torulosa rangiana) (E), and

·       rayed bean mussel (Villosa fabalis) (E). 

 

FHWA is responsible for compliance with Section 7 of the Endangered Species Act (ESA).  On behalf of FHWA, the applicant determined the project may affect but is not likely to adversely affect the Northern long-eared bat or Indiana bat.  The applicant determined the project may affect but is not likely to adversely affect the rayed bean mussel.  The applicant determined the project would have no effect on the clubshell mussel or northern riffleshell mussel.  In a letter dated May 31, 2013, the United States Fish and Wildlife Service (USFWS) concurred with the applicant’s Indiana bat determination and, as a result of the May 2013 Ohio Mussel Survey Protocols, no impacts to the rayed bean mussel would be anticipated.  In an email dated October 30, 2013, USFWS concurred with the applicant’s Northern long-eared bat determination.

In support of our independent permit decision, the Corps intends to rely upon the information collected by or on behalf of the FHWA and consultation performed by or on behalf of FHWA 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 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.  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 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. 

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:

                                                                U.S. Army Corps of Engineers, Huntington District

ATTN: CELRH-RD-S-OT Public Notice No. LRH-2013-00487-SCR

Building 10/ Section 10

PO Box 3990

Columbus, OH 43218-3990

 

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, 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 Tim Long of the South/Transportation Branch, at 614-692-4654, by mail at the above address, or by email at Timothy.M.Long@usace.army.mil.  

Table 1

                                                 Proposed Discharges of Fill Material into Waters of the U.S. (Lake White)

                                                                                 Ohio Department of Transportation

                                                                                 Lake White – LRH-2013-00487-SCR

                                                                                     PIK-104-10.64, PID 83667

 

Waters ID

Plan Sheet Page

Acreage of Lake

Volume of Fill (cubic yards)

Description of

Regulated Discharge

Lake White

3, 5, 9, 10, 11, 14 - 20

2.703 acres

11,188

Concrete, rock channel protection (RCP), granular fill, steel cofferdams, construction equipment access area

                                                                                                 Table 2

                                                 Proposed Discharges of Fill Material into Waters of the U.S. (Streams)

                                                                                 Ohio Department of Transportation

                                                                                 Lake White – LRH-2013-00487-SCR

                                                                                     PIK-104-10.64, PID 83667

 

Waters ID

Plan Sheet Page

Flow Regime

Length/Acreage of Stream

Volume of Fill (cubic yards)

Description of

Regulated Discharge

Crooked Creek

4, 5 - 7

Perennial

1,115 lf

(1.524 acre)

8,436 c.y.

Concrete, RCP, earthen and granular fill, steel cofferdams, construction equipment access area

Pee Pee Creek

3, 4

Perennial

327 lf

(0.478 acre)

1,790 c.y.

Concrete, RCP, earthen and granular fill, steel cofferdams, construction equipment access area

Total Discharges Into Waters of U.S. (Streams)

1,442 lf

(2.002 acre)

10,226 c.y.

 

Table 3

                                                 Proposed Discharges of Fill Material into Waters of the U.S. (Wetlands)

                                                                                 Ohio Department of Transportation

                                                                               Lake White – LRH-2013-00487-SCR

                                                                                     PIK-104-10.64, PID 83667

 

Waters ID

Plan Sheet Page

Wetland Classification

Acreage of Wetland

Volume of Fill (cubic yards)

Description of Regulated Discharge

Wetland 1

8

Palustrine Forested

0.024 acre

4 c.y.

RCP, granular fill, concrete, construction equipment access area

Wetland 4

9

Palustrine Scrub/Shrub

0.038 acre

31 c.y.

RCP, granular fill, concrete, construction equipment access area

Wetland 6

10, 11

Palustrine Emergent, Scrub/Shrub

0.140 acre

195 c.y.

RCP, earthern and granular fill, concrete, construction equipment access area

Wetland 8

12

Palustrine Forested

0.042 acre

9 c.y.

Earthen fill, construction equipment access area

Wetland 10

13

Riverine, Lower Perennial, Unconsolidated Bottom, Sand

0.040 acre

65 c.y.

Earthen fill

Total Discharge of Fill Material into Waters of the U.S. (Wetlands)

0.284 acre

304 cubic yards of fill material