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MITIGATION: The applicant proposes to mitigate the impacts with a combination of onsite and offsite mitigation. Onsite Mitigation: Onsite mitigation would include 20,508 feet of intermittent and 2,757 feet of ephemeral stream mitigation, as well as, 45.6 acres of onsite wetland creation. The streams would be constructed based on natural stream design parameters with riparian buffers incorporated. The streams would flow to and through the proposed wetland mitigation creation site, which would be managed for hard mast planting to establish a seasonally inundated PFO wetland and stream complex, before they discharge offsite and into the Squaw Creek tributary system. To address impacts to open waters, Liberty Mine, LLC proposes to leave approximately 162 acres of permanent open waters through a combination of created and existing pond areas not to be filled. Offsite Mitigation: Offsite mitigation would begin concurrent with mining impacts. Offsite mitigation would be conducted at several locations to address impacts to wetland and stream resources and would focus on the restoration of degraded or converted resources. The offsite wetland mitigation includes the restoration of 128 acres of PFO wetlands on ground currently in intense agricultural row crop land use. Offsite mitigation would also include 9,023 linear feet of stream restoration on an unnamed perennial tributary stream to Cypress Creek, as well as, 823 linear feet of intermittent stream restoration of an unnamed tributary stream that feeds to the perennial stream mitigation. This intermittent stream mitigation would directly connect an already constructed stream and wetland mitigation site upstream of it. The stream restoration would involve Priority 1 restoration where a new floodplain and stream channel is created and properly sized to restore stream, floodplain, and riparian functions that would be expected of streams not channelized and incised. The offsite wetland mitigation would occur at 4 locations. Wetland Sites 1, 2, and 3 are essentially flat with very mild relief located in agricultural land uses. The soils at the sites comprise primarily of Zipp and Evansville soils, which are very conducive to wetland restoration. These sites are located near other wetland and stream mitigation projects for Liberty Mine, LLC and Red Brush West/Vigo Mining and would continue mitigation efforts in the Cypress Creek watershed. Wetland Site 4 is located nearby the first 3 sites, but, within the floodplain of the Ohio River along the right descending bank near river mile 772, and adjacent to Little Pigeon Creek, near Yankeetown, Warrick County, Indiana. These sites would be planted and managed for primarily hard mast species. Drainage modifications (tiling and ditching) from agricultural land management would be removed to restore hydrology to the sites. All mitigation is proposed to be protected in perpetuity by way of a Deed Restriction placed on the corresponding property deed records in the County Courthouse. It is noted that this proposed mitigation plan is open to comment and subject to change. 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 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 of 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-2017-418-gjd.
Example: Subject: LRL-2017-418-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.