US Army Corps of Engineers
Huntington District Website

Disclaimer

The below listed documents may not be readable via Optical Character Recognition. To receive public notices via email, please send an email to LRH.Permits@usace.army.mil indicating that you would like to be placed on the public notice electronic distribution list. Your email should also include the state(s) in which you would like to receive public notices.

LRH 2016-0475-SCR

Published Nov. 2, 2016
Expiration date: 12/2/2016

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 applicant has submitted a proposal to construct two lanes of test pavement parallel to United States (U.S.) Route 50 in Harrison Township, Vinton County, Ohio.  Logical termini of the linear project are as follows:

West Terminus: 39.24851 North, 82.70789 West

East Terminus: 39.25997 North, 82.68371 West

 

Waters of the U.S. within the proposed project area include approximately 2,629 linear feet of eight (8) streams, 0.85-acre of nine (9) adjacent wetlands, and 0.16-acre of one (1) jurisdictional ditch.  The streams in the proposed project area are indirect tributaries to the Scioto River, a traditional navigable water (TNW).

 

DESCRIPTION OF PROPOSED WORK:  The applicant has requested authorization to discharge fill material into waters of the U.S. to construct 1.5 miles of test pavement, consisting of two lanes on new alignment northwest of U.S. Route 50.  The applicant has indicated permanent discharges of fill material are necessary into approximately 793 linear feet of eight (8) streams, 0.43-acre of six (6) non-forested wetlands, and 0.16-acre of one (1) jurisdictional ditch to complete the proposed VIN-50-3.00 Test, PID 102345 project.  The streams and ditch would be filled with concrete and/or earthen material for culvert extensions and/or realignments, while the wetlands would be filled with earthen material for embankment grading.  The applicant has also requested authorization for temporary discharges of fill material within the streams for construction access and to divert and maintain stream flow, where appropriate.  Please refer to Table 1 for a summary of proposed discharges.  Plans of the proposal are attached to this notice. 

Table 1 – Nature of Proposed Discharges into Waters of the United States

 

 

ALTERNATIVES ANALYSIS:  As a result of the proposal, permanent fill material would be discharged into 0.43-acre of jurisdictional wetlands.  The project does not require access or proximity to or siting within the wetlands to fulfill its basic purpose and is considered a non-water dependent activity.  The Section 404(b)(1) Guidelines state that 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 the presumption prior to receiving authorization for the discharge of fill material.  No permit would be issued unless the alternatives analysis clearly demonstrates that practicable upland alternatives are not available to achieve the overall project purpose. While the applicant has submitted an on-site alternatives analysis, additional information regarding off-site alternatives is required for the Corps to evaluate compliance with the Section 404(b)(1) Guidelines.  The Corps will request the applicant submit a complete alternatives analysis for review.  The alternatives analysis can be reviewed, by appointment, at the location described at the beginning of this Public 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.  Approximately 2,629 linear feet of eight (8) streams, 0.85-acre of nine (9) wetlands, and 0.16-acre of one (1) jurisdictional ditch subject to Section 404 Clean Water Act regulation are present within the proposed project area.  According to the applicant, on-site alternatives were considered and avoidance and minimization efforts were incorporated into the project design.  The applicant has indicated that the project has been designed to completely avoid discharges of fill material into emergent Wetlands A (0.01-acre), D (0.002-acre), and I (0.03-acre).  The applicant has indicated that Streams 1-8, Ditch 1, and Wetlands B, C, E, F, and G are unavoidable and that no fill material would be discharged into waters of the U.S. in excess of the minimum needed to complete the project.  The applicant has indicated minimization of adverse effects to aquatic resources would be achieved with a narrow median and by using 4:1 roadside slopes, as opposed to 6:1 slopes that would require grading of additional land.  Minimization of adverse effects to aquatic resources would also be achieved through adherence to the applicant’s Construction and Material Specifications and the implementation of construction Best Management Practices for sediment and erosion control.  Such measures may include the installation of silt barriers, silt fence, and ditch checks appropriately placed prior to construction.

 

COMPENSATORY MITIGATION PLAN:  To compensate for the permanent discharge of fill material into 0.43-acre of non-forested wetlands, the applicant proposes to purchase 0.43-acre of wetland mitigation credit from the Red Stone Farm Wetland Mitigation Bank (RSFWMB) located in Perry Township, Pike County, Ohio.  According to the approved mitigation bank instrument for RSWMB, the Lower Scioto River watershed (Hydrologic Unit Code [HUC] 05060002) is located within the bank’s primary service area.  In addition, the applicant proposes to deduct 0.22-acre of wetland preservation from ODOT’s Rupiper Stream and Wetland Preservation Area (RSWPA).  The RSWPA is located in the Lower Scioto River watershed (HUC 05060002) in Green Township, Ross County, Ohio.

 

To compensate for the permanent discharge of fill material into 793 linear feet of streams, the applicant proposes to deduct 1189.5 linear feet of stream preservation from the RSWPA.  No mitigation is proposed for discharges into the jurisdictional ditch.

 

The applicant’s proposed compensatory mitigation plan is open to comment and is subject to change based on comments received.  

 

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:  Pursuant to 23 U.S.C. 327(a)(2)(B) and a Memorandum of Understanding executed on December 11, 2015 between the Federal Highway Administration (FHWA) and ODOT, FHWA assigned, and ODOT assumed, responsibility for compliance with the Section 106 of the National Historic Preservation Act.  Based on previous cultural resources surveys, the applicant determined the subject undertaking would have minimal potential to cause effects on any historic property.

 

In support of our independent permit decision, the Corps intends to rely upon the information collected and consultation performed by ODOT regarding the effects to historic properties.  A copy of this Public Notice will be sent to the Ohio History Connection for review.  Comments concerning archaeological sensitivity of the 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 threatened (T) species:

  • Running buffalo clover (Trifolium stoloniferum) (E)

  • American burying beetle (Nicrophorus americanus) (E)

  • Indiana bat (Myotis sodalis) (E)

  • Northern long-eared bat (Myotis septentrionalis) (T)

 

Pursuant to 23 U.S.C. 327(a)(2)(B) and a Memorandum of Understanding executed on December 11, 2015 between FHWA and ODOT, FHWA assigned, and ODOT assumed, responsibility for compliance with Section 7 of the Endangered Species Act.  The applicant has determined the project would not affect the running buffalo clover or the American burying beetle, and has determined the project may affect, but is not likely to adversely affect, the Indiana bat and the northern long-eared bat.  Through informal consultation completed between the applicant and the United States Fish and Wildlife Service on June 2, 2016, the Service concurred with these determinations.

 

In support of our independent permit decision, the Corps intends to rely upon the information collected by ODOT, and consultation performed by ODOT, regarding the effects to threatened or endangered species.  This public notice serves as a request to the U.S. Fish and Wildlife Service 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 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. The comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  The 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-2016-00475-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 Brett Latta of the South/Transportation Branch, at (614) 692-4654, by mail at the above address, or by email at Brett.C.Latta@usace.army.mil.

 

 

 

Corps Single & Complete Project ID /

Aquatic Resource ID

Station

Type of Fill Activity

Permanent

Temporary

Fill Volume (cy)

Fill Area (ac)

Length (lf)

Fill Volume (cy)

Fill Area (ac)

Length (lf)

1 / Stream 7

1168+25

Realignment

3

0.001

18

6

0.001

35

1 / Stream 8

1168+00

Culvert extension

447

0.022

138

162

0.008

50

2 / Stream 5

1180+00

Culvert extension

77

0.008

116

23

0.002

35

2 / Stream 6

1173+25

Culvert extension

6

0.004

103

1

0.001

15

2 / Wetland E

1182+00

Roadway embankment

205

0.127

N/A

0

0.000

N/A

2 / Wetland F

1182+00

Roadway embankment

98

0.061

N/A

0

0.000

N/A

2 / Wetland G

1178+25

Roadway embankment

219

0.136

N/A

0

0.000

N/A

2 / Wetland H

1175+75

Roadway embankment

105

0.065

N/A

0

0.000

N/A

2 / Ditch 1

1180+25 – 1193+07

Realignment

255

0.158

1,379

0

0.000

0

3 / Stream 4

1199+00

Culvert extension

157

0.020

85

37

0.005

20

4 / Stream 1

1208+75

Culvert extension

13

0.005

92

7

0.003

50

4 / Stream 2

1209+00

Realignment

11

0.004

76

2

0.001

15

5 / Stream 3

1214+75

Culvert extension

917

0.045

165

194

0.010

35

5 / Wetland B

1215+50

Roadway embankment

23

0.014

N/A

0

0.000

N/A

6 / Wetland C

1229+50

Roadway embankment

40

0.025

N/A

0

0.000

0

Stream Totals

1,631

0.11

793

432

0.03

255

Ditch Totals

255

0.16

1,379

0

0.00

0

Wetland Totals

690

0.43

N/A

0

0.00

N/A

Waters of the United States - Cumulative Totals

2,576

0.70

2,172

432

0.03

255