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LRH 2007-288-WAB

Published Aug. 26, 2015
Expiration date: 9/24/2015

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 the Section 401 Water Quality Certification for the following application.

 

APPLICANT:             Mr. Jeffrey Hazel

                                    City of Celina

                                    225 North Main Street

                                    Celina, Ohio 45822

 

LOCATION:  As depicted on the attached Sheets (see attached Sheets 1 and 2), the proposed project would be located within Grand Lake St. Marys (Latitude 40.538939, Longitude -84.5729765905), on the east side of West Bank Road in the City of Celina, Mercer County, Ohio.  The proposed discharges of dredged and/or fill material would take place within Grand Lake St. Marys, a traditional navigable water of the United States.     

 

PROJECT HISTORY: On March 22, 2006, the Corps-Louisville District (LRL) authorized under Permit Number LRL-2004-118 the City of Celina to discharge approximately 85,000 cubic yards of dredged and/or fill material into 7.15 acres of Grand Lake St. Marys for the construction of a boardwalk (2.41 acres) and four breakwater piers (4.74 acres).  Subsequently, the project design was modified to eliminate the proposed piers.  On 16 May 2006, LRL authorized the modification and required compensatory mitigation for the discharge of fill material into 2.41 acres of Grand Lake St. Marys.  The compensatory mitigation involved the creation of 2.41 acres of wetlands.  The mitigation site has been monitored for the last four years and is on trajectory to meeting established performance standards.  On May 21, 2007, the Corps-Huntington District (LRH) modified the previously issued permit to include the discharge of dredged and/or fill material into 4.52 acres of Grand Lake St. Marys for the construction of four breakwater piers.   Construction activities associated with this authorization were not completed prior to the expiration date of that permit.  As noted below under the “AVOIDANCE AND MINIMIZATION,” the activities authorized by Corps Standard Permits LRL-2004-118 and LRH-2007-288-WAB have been revised to reduce the overall effects to the aquatic environment.

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to discharge 5,393 cubic yards of dredged and/or fill material into approximately 0.625 acre of Grand Lake St. Marys  in association with the construction of the Celina Breakwater Piers Project (see attached Sheets 3-9).  The proposed development would consist of a recreational boardwalk, a seawall, and two breakwater piers (the majority of the project was previously completed associated with Corps Standard Permits LRL-2004-118 and LRH-2007-288-WAB).  Cumulatively, the overall project involves the discharge of approximately 31,500 cubic yards of dredged and/or fill material into a total of 2.696 acres of open water (See attached Table 1. Celina Breakwater Piers Cumulative Impacts).  Plans (Sheets 1-9) for the proposed project are attached to this Public Notice.

ALTERNATIVES ANALYSIS:  A total of approximately 2.696 acres of Grand Lake St. Marys would be filled as a result of the proposal.  No wetlands or other special aquatic sites would be affected by the discharge of dredged and/or fill material.  The applicant has submitted an 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 office determines practicable upland alternatives are not available to achieve the overall project purpose based upon the applicant’s alternative analysis.

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, then the impacts must be minimized.  Due to the project being a water dependent activity, complete avoidance is not feasible in order to address the proposed purpose and need.  Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed project.  The applicant’s project would minimize impacts by reducing the originally permitted activity by reducing the total number of breakwater piers to two as opposed to four, reducing the volume of fill to 31,508 cubic yards as opposed to 85,000 cubic yards, and reducing the area of impacts to 2.696 acres as opposed to 7.15 acres. Construction activities would be performed during low water conditions.

 

COMPENSATORY MITIGATION PLAN:  In order to compensate for discharges of dredged and/or fill material into waters of the United States authorized under LRL-2004-118 and LRH-2007-288-WAB, the applicant was required to create and restore 2.41 acres of wetlands.  These wetlands have been established and are currently being monitored for success.  The applicant has proposed to create an additional 0.286 acre of wetlands in order to compensate for the loss of waters of the United States at a 1:1 ratio.  

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 there are no properties currently listed on the NRHP that would be indirectly or directly affected by the proposed work.  Additional resources were reviewed including the Ohio Archaeological Inventory, the Ohio Historic Inventory, recorded cemeteries, county atlases/maps, county histories, and Cultural Resource Management survey files.  No previously recorded archaeological or historic sites are located within the proposed project site.  No historic buildings are located within the proposed project site.  No historic significance was noted associated with the owners of the land denoted on the historic atlases.  The entire project area is located in open water and the immediate uplands that contain an existing boardwalk next to Grand Lake St. Marys. The Corps has determined the proposed project would have no effect on historic properties eligible or potentially eligible for inclusion 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 endangered Indiana bat (Myotis sodalis) and the threatened northern long-eared bat (Myotis septentrionalis).

The proposed project would not directly impact any of the habitat types for the aforementioned species.  As indicated above, entire project area is located in open water and the immediate uplands that contain an existing boardwalk next to Grand Lake St. Marys.  We have determined the proposed project would have no effect on either the Indiana bat or the northern long-eared bat. 

Based on this information, the 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 for concurrence from the United States Fish and Wildlife Service with the aforementioned effect determinations and 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 the protection and the 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, the Federal, state, and local agencies and officials, the 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-2007-288-WAB

                                                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 Andrew Wendt of the North Branch at (513) 825-4518, by mail at the above address, or by email at: andrew.j.wendt@usace.army.mil.                                                    

   

 

Table 1. Celina Breakwater Piers Cumulative Impacts

Activity

Quantity of Dredged/Fill Material previously discharged below OHW mark (cubic yards)

Completed Open Water Impact(acres)

Quantity of Dredged/Fill Material proposed to be discharged below OHW mark (cubic yards)

Proposed Open Water Impact (acres)

Total Quantity of Dredged/Fill Material discharged below the OHW

(cubic yards)

Total Open Water Impact (acres)

Northern Breakwater

9,451.60

0.696

4,679.60

0.331

14,131.20

1.027

Southern Breakwater

16,168.20

1.169

 

 

16,168.20

1.169

Seawall and Toe

495.20

0.205

714

0.295

1,209.20

0.5

Total

26,115.00

2.07

5,393.60

0.626

31,508.60

2.696