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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 (CWA) and for State Water Quality Certification pursuant to Section 401 of the CWA from the Indiana Department of Environmental Management, Office of Water Quality. APPLICANT: United Minerals Company, LLC 566 Dickeyville Road Lynnville, Indiana 47619 LOCATION: Unnamed tributaries, adjacent wetlands and open waters to Big Creek, Squaw Creek and Pigeon Creek in Warrick County, Indiana Latitude: 38.1347 Longitude: -87.3726 7.5 Minute Quad(s): Boonville, Daylight, Elberfeld & Lynnville PURPOSE: To relocate wetlands and streams to facilitate the removal of subsurface coal materials. DESCRIPTION OF WORK: This Public Notice is in addendum to a previous Public Notice issued Aug 8, 2014 announcing the proposed project. Since that Public Notice issuance, the proposed project has undergone sufficient changes in the proposed impacts and operational plans to warrant a reissuance of the Public Notice. Primary changes include the removal of the previously proposed Big Ditney Hill avoidance area, modification to project boundaries, new avoidance areas due to changes in operational plans which now include the removal of plans to construct and use an onsite coal preparation facility, and changes in the proposed mitigation plan. As now submitted, the proposed project would result in discharges of fill and/or dredged material into “waters of the United States” on a majority of a 3084.6-acre site. The site is approved by Surface Mining Control and Reclamation Act (SMCRA) Permit No. S-00374. Under this proposal the applicant is proposing to impact waters that are positioned in landscapes that have been previously mined and areas that have not been surface mined in the past. In areas that have been previously mined, the applicant is proposing to impact the following: 1) to fill 3,113 linear feet of ephemeral streams; 2) to fill 10,533 linear feet of intermittent streams; 3) to fill 1,376 linear feet of perennial streams; 4) to fill 0.52 acre of palustrine forested (PFO) wetlands, 20.17 of palustrine emergent (PEM) wetlands, 1.27 acres of palustrine scrub-shrub (PSS) wetlands; and 5) to fill 90.3 acres of open waters. In areas that have not been directly affected by previous mining, the applicant is proposing to impact the following: 1) to fill 50,711 linear feet of ephemeral streams; 2) to fill 19,244 linear feet of intermittent streams; 3) to fill 723 linear feet of perennial streams; 4) to fill 1.11 acres of PFO wetlands; 5) to fill 0.42 acre of PSS wetlands; 6) to fill 1.01 PEM wetlands; and 7) to fill 2.7 acres of open water. In total, the proposed direct impacts to both the previously mined and unmined areas include the following: to fill 1) 53,824 linear feet of ephemeral streams; 2) 29,777 linear feet of intermittent streams; 3) 2,099 linear feet of perennial streams; 4) 1.63 acres of PFO wetlands; 5) 1.69 acres of PSS wetlands; 6) 21.18 acres of PEM wetlands; and 7) 93 acres of open water. Impacts would be necessary to facilitate the mining through of recources to access the underlying coal resources with a dragline operation, soil stockpiling, stockpiling of coal resources, construction of sediment control basins, haul roads and other ancillary features to support the mining operations. All economically recoverable coal would be removed during the excavation of the area, processed and sold. The area would be returned to approximate original contours, covered with stockpiled soil material, revegetated, and returned to an approved post-mine land use through the SMCRA process. AVOIDANCE, MINIMIZATION, and MITIGATION MEASURES: The applicant’s preferred alternative, has taken into consideration various mining methods to maximize the opportunities to meet the project purpose and need, as well as, providing opportunities for avoidance and minimization measures. These new avoidance areas would allow the applicant to avoid impacts to 25.68 acres of PEM wetlands, 0.56 acre of PSS wetlands, and 0.06 acre of PFO wetlands, as well as 7,675 linear feet of streams. ON SITE STREAM MITIGATION: The applicant proposes to mitigate perennial stream impacts at a ratio of 1:1 (2,099 linear feet), intermittent stream impacts at a ratio of 1:1 (27,777 linear feet), and ephemeral stream impacts at a ratio of 0.5:1 (2,099 linear feet). The applicant proposes to create and plant 100 foot riparian buffers on both sides of the created stream bank from the top of bank in all areas but those located adjacent to wetland mitigation. The riparian zones would be primarily managed for hard mast tree plantings. Stream construction would be based on natural stream design. Channel size and area would be based on watershed size, regional curve data, and reference reach data. ON SITE WETLAND MITIGATION: Wetlands are proposed to be mitigated on site. Overall the applicant is proposing to mitigate wetlands located in previously mined areas at the following ratios; PFO wetlands at a 2:1 ratio, PSS at a 2:1 ratio, and PEM at a 1:1 ratio. For wetlands in areas that have not been directly affected by previous mining, the proposed mitigation ration would be; for PFO wetlands, a 3:1 ratio, PSS at a 2:1 ratio, and PEM at a 2:1 ratio. In all the applicant is proposing to construct 29.94 acres of PFO wetlands. Tree plantings would primarily be managed for hard mast species. The wetlands are proposed to be constructed adjacent to stream mitigation located on the Central West and North West sides of the proposed mining. The applicant proposes that Mitigation for open water impacts would occur in the form of a final cut pit and permanent basins at a minimum 1:1 ratio. 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 on this project until a State of Indiana Section 401 Water Quality Certification (WQC) from the Indiana Department of Environmental Management (IDEM) is on file in this office or it is considered waived. This Public Notice serves as the notice for a Clean Water Act Section 401 application for water quality certification from the IDEM. The IDEM will review this proposal for compliance with the applicable provisions of Section 301, 302, 303, 306 and 307 of the CWA, including the state water quality standards currently set forth at 327 IAC 2. They will consider comments regarding this proposal postmarked by the closing date of this notice. Comments to IDEM should be addressed to: IDEM, Office of Water Quality, Section 401 WQC Program, 100 North Senate Avenue Room 1255, P.O. Box 6015, Indianapolis, Indiana 46206-6015. The applicant is responsible for obtaining the certification from IDEM. 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. Based on available information, the proposed activity is within the range of the federally listed Indiana bat (Myotis sodalis), the Northern Long-eared bat (M. septentrionalis), and the sheepnose mussel. Further coordination regarding any Federally-listed threatened or endangered species or their critical habitats, as identified under the Endangered Species Act, with the U.S. Fish and Wildlife Service is planned. 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 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 utilizaÂtion of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreÂseeable 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 (USEPA), 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. 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 "Attachments" link above located in the upper right hand corner o this page. 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-2013-444-gjd. Example: Subject: LRL-2013-444-gjd 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.