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LRH-2015-861-SCR

Published Sept. 2, 2016
Expiration date: 9/30/2016

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:    Hugo Fontirroig

                         Portsmouth JV

4301-C Lucasville-Minford Road

Minford, Ohio 45653

 

LOCATION:  As depicted on the attached Sheet 1 and Sheet 2, the proposed project would have three separate locations. Waste Area-A would be located west of the Hasting Hill Road in Porter Township (Latitude 38.75078, Longitude -82.8719) in Scioto County, Ohio; Waste Area-B would be located west of Highland Bend Road (Latitude 38.7632, Longitude -82.8714) in Porter Township in Scioto County, Ohio; Waste Area-E (Latitude 38.8638, Longitude -82.82.8893) would be located adjacent to Waste Area-F (Latitude 38.8594, Longitude -82.8926) and located south of Lucasville-Minford Road and to the west of Oliver Road in Harrison and Madison Townships, Scioto County, Ohio. The on-site streams flow into the Little Scioto River, which is a direct tributary of the Scioto 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 in waters of the United States in conjunction with the construction of the Ohio Department of Transportation (ODOT) Portsmouth Bypass project (PID 19415) (DA #LRH-2011-00646-OHR). The fill areas are required in order to accommodate the storage of excess spoil material generated by the excavation of the proposed highway cuts. As a result the project, as indicated on Table 1 attached to this notice, approximately 527 cubic yards of dredged and/or fill material would be discharged in approximately 2,788 linear feet of intermittent and ephemeral streams. Plans for the proposed project impacts are attached to this notice (see attached Sheets 3-9).

 

ALTERNATIVES ANALYSIS:  A total of approximately 2,027 linear feet of ephemeral streams (Streams A-1b, B-1, E-3a, E-4, F-2b, F-3) and 761 linear feet of intermittent streams (Streams E-1, E-2, E-3b, F-1, F-2a) would be filled as a result of the proposal. See Table 1

“Impacts and Avoidance Analysis” attached to this notice for details. 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 5,986 linear feet of ephemeral and intermittent streams and 2.92 acres of wetlands 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 53% of the on-site intermittent and ephemeral streams and 100% of the wetlands.  Storm water management planning would incorporate best management practices and water pollution controls necessary to maintain compliance with the Federal Water Pollution Control Act, Ohio Water Pollution Control Act, and the Porter, Madison and Harrison Townships Storm Water Management Ordinances for storm water discharges associated with the construction activity. A Storm Water Pollution Prevention Plan would also be developed. This plan would incorporate erosion prevention practices, sediment controls, runoff controls, post-construction storm water management, surface water protection, non-sediment pollution controls and ongoing maintenance plans. 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 loss of waters of the United States associated with the proposed project, the applicant proposes to purchase stream credits through an approved in-lieu fee program to mitigate for the loss of waters for Waste Areas A and B. For Waste Areas E and F, the applicant has proposed on-site mitigation by relocating the existing streams in a manner that would maintain the current hydrologic flow of the streams as well as any existing ecological function and value. After completion of the proposed stream construction, monitoring of the streams will take place for a period of five years to ensure the streams are meeting established performance standards.

 

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 which would be indirectly or directly affected by the proposed work.  The proposed project would have no effect on historic properties listed on, 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: the endangered Indiana bat (Myotis sodalis), the northern long-eared bat (Myotis septentrionalis), the endangered rayed bean mussel (Villosa fabailis), the clubshell mussel (Pleurobema clava), the fanshell mussel (Cyprogenia stegaria), the northern riffleshell mussel (Epioblasma torulosa rangiana), the pink mucket pearly mussel (Lampsilis abrupta), the sheepnose mussel (Plethobasus cyphyus), the snuffbox mussel (Epioblasma triquetra) , the endangered running buffalo clover (Trifolium stoloniferum), the threatened small whorled pogonia (Isotria medeoloides) and the threatened Virginia spiraea (Spiraea virginiana). The Corps has consulted the most recently available information.

 

Based on the applicant’s commitment to implement the seasonal tree clearing restrictions (prior to April 1 and after September 30), we have determined the proposed project may affect, but would not likely to adversely affect either the Indiana bat (Myotis sodalis) or the northern long-eared bat (Myotis septentrionalis).  Based on the project location and lack of suitable habitat in the intermittent and ephemeral streams proposed to be affected by the discharge of dredged and/or fill material, we have determined the proposed project would have no effect on the aforementioned mussel species. Based on lack of suitable habitat, the project would have no effect on the small whorled pogonia (Isotria medeoloides) and the threatened Virginia spiraea (Spiraea virginiana). Due to sites potential to contain habitat for the running buffalo clover (Trifolium stoloniferum), the United States Fish and Wildlife Service (USFWS) has recommended the applicant conduct an absence/presence survey for this species.  The applicant has agreed to conduct the survey. Upon receipt of the survey results, the Corps will determine the effect the proposed project may have on the running buffalo clover (Trifolium stoloniferum) and conduct coordination with the USFWS as required pursuant to Section 7 of the Endangered Species Act. 

 

This Public Notice serves as a request to the USFWS 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-2015-861-SCR

                                                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 Ms. Crystal D. Chambers of the North Branch at 304-399-5210.

                             

Table 1

Proposed Discharge of Fill Material into Waters of the United States and Avoidance Analysis

Waste Area ID

Stream

Wetlands

Type

Length/Area

LF/Acre Impacted by the Discharge of Fill Material

% Avoided

Impact Type

Waste Area A

A-1b

 

ephemeral

177 lf

177 lf

0%

fill

Waste Area B

1-B

 

ephemeral

1,259 lf

1,187 lf

6%

fill

Waste
Area E & F

E-1

 

intermittent

505 lf

0 lf

100%

fill

E-2

 

intermittent

1,071 lf

0 lf

100%

fill

E-3a

 

ephemeral

197 lf

197 lf

0%

fill

E-3b

 

intermittent

1,402 lf

174 lf

88%

fill

E-4

 

ephemeral

322 lf

0 lf

100%

fill

F-1

 

intermittent

334 lf

334 lf

0%

fill

F-2a

 

intermittent

253 lf

253 lf

0%

fill

F-2b

 

ephemeral

421 lf

421 lf

0%

fill

F-3

 

ephemeral

45 lf

45 lf

0%

fill

 

E-A

emergent

2.216 ac

0 ac

100%

fill

 

E-B

emergent

0.254 ac

0 ac

100%

fill

 

E-D

emergent

0.015 ac

0 ac

100%

fill

 

E-F

emergent

0.094 ac

0 ac

100%

fill

 

E-G

emergent

0.311 ac

0 ac

100%

fill

 

F-A

emergent

0.035 ac

0.035 ac

0%

fill

 

Total

 

 

Streams 5,986 lf wetland 2.925 ac

2,788 lf 0.035 ac

53% 99%