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This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 404 of the Clean Water Act: APPLICANT: D & G Trucking 741 U.S. Highway 41S Henderson, Kentucky 42420 AGENT: Natural Resource Management Solutions 575 Tucker Schoolhouse Road Madisonville, Kentucky 42431 LOCATION: An intermittent tributary to North Fork of Canoe Creek and adjacent wetlands, in Henderson County, Kentucky Latitude: 37.811801 Longitude: -87.575283 7.5 Minute Quad: Henderson PURPOSE: Parking lot expansion to allow for company growth. EXISTING CONDITIONS: The project site is situated on approximately 7 acres. The topography in the area consists of low relief floodplains with the dominant soils being Wakeland, Wilbur and Dekoven Silt Loams. The project site consisted of forested vegetation at the time when assessments were conducted; however, the timber on the property has since been harvested. Dominant tree species consisted of Green Ash, Silver Maple, and Cottonwood. The site contains one single tract of palustrine forested (PFO) wetland (3.44 acres) and three unnamed tributaries to Canoe Creek. DESCRIPTION OF WORK: The applicant proposes to expand an existing parking lot and construct an access/connector road to allow for vehicles to safely enter and exit the facility, as well as to expand the company’s operations. To facilitate construction of the access road and lot, the applicant proposes to fill 0.95 acre of forested wetland and 126 linear feet (lft) of an Intermittent Stream 1 with 925 cubic yards of soil, rock, and asphalt paving. AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The proposed activity was designed to avoid 2.49 acres of PFO wetlands, 560 lft of intermittent stream, and 176 lft of ephemeral stream. The applicant proposes to mitigate for wetland impacts and intermittent stream impacts (out-of-kind) by enhancement of the remaining wetland area, as well as restoration of wetland areas immediately adjacent to the existing wetland. An upland buffer area would also be created. Part of the proposed wetland mitigation would involve planting native hard mast trees on 2.49 acres as wetland enhancement and removing undesirable species. Wetland restoration would be conducted at two locations adjacent to the enhancement section. Approximately 0.46 acre to the west of the enhancement area would be planted in native hard mast wetland species. This area is currently in pasture but does have wetland soils and hydrology. The other area selected for wetland restoration is approximately 0.5 acre south of the enhancement area and restoration would involve removing fill material, grading, and planting native hard mast tree species. This area was used as a fill site from past construction and is several feet higher in elevation than the surrounding wetland areas. Material would be removed from this location and used as fill for parking lot expansion and access road construction. The site would be graded to the same elevation as adjacent wetlands and planted with native trees. The final part of the mitigation would involve planting 0.13 acre of a riparian buffer adjacent to and north of the 0.46-acre restoration site. This site would be planted with hard mast native trees along one side of an intermittent stream and would act as a stream and wetland buffer. All wetland mitigation areas would be seeded with native wetland herbaceous species and planted in trees as PFO Wetland Mitigation. All sites would be permanently protected with a protective covenant to be recorded with the property deeds. The proposed wetlands would provide a natural buffer to Canoe Creek and its tributary and would provide habitat and water storage during high flows. It is noted that this proposed mitigation plan is open to comment and subject to change. Additional information pertaining to the plan is available upon request. The Corps will make a determination of appropriate mitigation, upon review of all submitted information. REVIEW PROCEDURES: A DA Permit cannot be issued if any legally required Federal, State, or local authorization or certification is denied. A DA permit, if otherwise warranted, will not be issued until a State of Kentucky Water Quality Certification or waiver is on file at this office. In order to comply with Section 401 of the Clean Water Act, the applicant must apply for State certification from the Kentucky Energy and Environment Cabinet Division of Water (KDOW). Copies of this notice are sent to the appropriate Federal and State Fish and Wildlife Agencies. Their views and comments are solicited in accordance with the Fish and Wildlife Coordination Act of 1956. The Endangered Species Act (ESA, 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7(a) 2 of the ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered, or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impact to threatened and/or endangered species that may occur within the project area. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. A request for a public hearing must state the specific interest which might be damaged by issuance of the DA Permit. The National Register of Historic Places has been examined, and it has been determined that there are no properties currently listed on the Register which would be directly affected by the proposed work. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archaeological, scientific, pre-Columbian, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic Preservation Act of 1966 – Public Law 89-665 as amended (including Public Law 96-515). The decision whether to issue a permit will be based on an evaluation of the probable impact of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered; among those are conservation, economics, aesthetic values, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production, and in general, the needs and welfare of the public. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines (40 CFR Part 230) promulgated by the Administrator, United States Environmental Protection Agency, under authority of Section 404(b) of the CWA. The Corps of Engineers 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. It is presumed that all interested parties and agencies will wish to respond; therefore, a lack of response will be interpreted as meaning that there is no objection to the proposed project. Any comments received will be considered by the Corps of Engineers 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 closing date will become a part of the official record and will be considered in the determination on this permit request. Any objections which are received during this period will be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested DA Permit. A permit will be granted unless its issuance is found to be contrary to the public interest. Information pertaining to this application is available for public examination during normal business hours upon prior request. This public notice and drawings are available for viewing by clicking on the "LRL-2019-835 Public Notice" link located below in the left hand corner of this page. All comments regarding this proposal should be addressed to Ms. Pam Loeffler, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL-2019-835-pjl. If you desire to submit your comments by email, you must comply with the following: a) In the subject line of your email, type in ONLY the Public Notice ID No. LRL-2019-835-pjl. Example:
Subject: LRL-2019-835-pjl b) Provide your physical mailing address and telephone number. c) Send your email to: lrl.regulatorypubliccomment@usace.army.mil. d) If you are sending attachments greater than 1 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.