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Published April 11, 2016
Expiration date: 5/11/2016

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. Benjamin Chrin

                                    Industrial Developments International (IDI), LLC

                                    740 Centre View Boulevard

                                    Crestview Hills, Kentucky 41017


LOCATION:  As depicted on the attached Figure 1: Enlarged Section of the U.S.G.S. Monroe, Ohio 7.5 minute topographical quadrangle map (Sheet 1 of 7), the proposed project would be located within the watershed of Millers Creek (Latitude 39.42999, Longitude  -84.33383), on the west end of the existing Gateway Boulevard, in Monroe, Warren County, Ohio.  The project corridor is located between Ohio Highway 63/Hamilton-Lebanon Road (east end) and Butler-Warren Road (west end - see attached Figure 2: Project Corridor [Sheet 2 of 7]).  The proposed discharges of dredged and/or fill material would take place within one wetland and one perennial stream, Millers Creek.  Millers Creek is a tributary to the Great Miami River, a traditional navigable water of the United States.     


DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to discharge dredged and/or fill material into approximately 1.11 acres of wetland and 121 linear feet (0.022 acre) of Millers Creek in association with the extension of the Gateway Boulevard Commercial Development project (see attached Figure 3: Master Plan MP-1 [Sheet 3 of 7] and Figure 4: Park North Master Concept, Monroe, Ohio, Sheet C1.01 [Sheet 4 of 7]).  The proposed project would consist of the installation of one 32 foot wide cast-in-place bottomless culvert in a section of Millers Creek and the grading of a section of a wetland in order to extend the existing Gateway Boulevard roadway to the west in order to provide access to the commercial development from Butler Warren Road.  Gateway Boulevard currently provides access to the commercial development from Ohio Highway 63/Hamilton-Lebanon Road.  In addition, the proposal would involve the temporary discharge of dredged and/or fill material into


Millers Creek in order to construct a temporary equipment crossing and to divert stream flow to install the culvert. The design plans (see attached Figure 5: Design Plan for Gateway Boulevard Extension Project [Sheet 5 of 7] and Figure 6: Cross Section [Sheet 6 of 7]) for the proposed project are attached to this notice.


ALTERNATIVES ANALYSIS:  A total of approximately 1.11 acres of one wetland (Wetland

1) and 121 linear feet of stream channel along the right descending bank of Millers Creek would be filled as a result of the proposal.  The project does not require access or proximity to, or sitting within, the wetland to fulfill its basic purpose and is considered a non-water dependent activity.  The Section 404(b)(1) Guidelines state 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 dredge 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.  Approximately 4.3 acres of wetland and 350 linear feet (0.03 acre) of perennial stream are located within the proposed project area.  Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed project.  The applicant’s project would avoid 3.2 acres of wetland and 229 linear feet of stream on-site.  The applicant proposes to install a bottomless culvert in order to minimize impacts to the stream channel along 121 linear feet of Millers Creek. The path of Millers Creek is such that the bottomless culvert would impact a small portion (970 square feet) of the stream channel along the right descending bank of Millers Creek. Stormwater management planning would incorporate best management practices and water pollution controls necessary to maintain compliance with the Federal Water Pollution Control Act and Ohio Water Pollution Control Act.  Construction activities would be performed during low flow conditions.  Stormwater management and erosion control systems would be implemented during construction, including silt fences, mulch and/or earthen berms, temporary seeding, hay bales, inlet protection, temporary collection basins, diversion ditches, and construction entrances.  All disturbed areas would be seeded and/or revegetated with native plant species and native seed mixes after completion of construction activities. 


COMPENSATORY MITIGATION PLAN:  To compensate for the losses of waters of the United States associated with the proposed project, the applicant proposes to preserve and enhance the remaining 3.2 acres of Wetland 1 onsite and create an additional 0.5 acre of wetland to the west of the remaining 3.2 acres of Wetland 1 (see attached Figure 7 [Sheet 7 of 7]). The applicant proposes to mitigate for the loss of stream channel with the creation of 0.025 acre of new stream channel along the proposed bottomless culvert in order to allow the stream channel to flow straight through the culvert and prevent future damage of the structure.  In addition, the applicant proposes to remove an old road crossing located in Millers Creek, approximately 175 upstream of the proposed bottomless culvert, and restore the area. 


WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification may be required for this project.  It is the applicant’s responsibility to obtain a 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.  The majority of the project area has been used historically as agricultural land and for commercial development.  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 following federally-protected species: endangered Indiana bat (Myotis sodalis), threatened northern long-eared bat (Myotis septentrionalis), endangered rayed bean mussel (Villosa fabailis), the potentially threatened eastern massasauga (Sistrurus catenatus) and endangered running buffalo clover (Trifolium stoloniferum). The Corps has consulted the most recently available information, including correspondence between the United States Fish and Wildlife Service and Otte Enterprises dated March 29, 2016, and based on the proposed implementation of the seasonal tree clearing restrictions, the project may affect, but is not likely to adversely affect either the Indiana bat (Myotis sodalis) or the northern long-eared bat (Myotis septentrionalis).  The proposed project may affect, but would not likely adversely affect the rayed bean mussel based on the project location, the lack of suitable habitat in the project area, and the applicant’s proposal to perform construction activities during low flow conditions and to use best management practices during construction activities to reduce impacts to downstream resources. The proposed project may affect, but is not likely to adversely affect the Eastern massasauga based on the potential for suitable habitat in the project corridor although no individual species were observed onsite. It has been determined the proposed project would have no effect on the running buffalo clover.  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-2015-738-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) 825-1901, by mail at the above address, or by email at: