This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 404 of the Clean Water Act:
Mr. David Bright
Bright Built Homes
10001 Taylorsville Road
Louisville, KY 40299
Mr. Richard Fangman
Redwing Ecological Services, Inc.
1139 South Fourth Street
Louisville, KY 40208
LOCATION: Wetlands adjacent to Pennsylvania Run, Louisville, Jefferson County, Kentucky.
7.5 Minute Quad: Jeffersontown, KY
PURPOSE: Construction of Phase III of the Avalon Springs residential development.
DESCRIPTION OF WORK: The applicant proposes to expand the Avalon Springs residential development on an approximate10-acre site adjacent to their existing residential development. The proposed project includes the construction of five additional multi-unit housing buildings, totaling 32,000 square feet, with associated parking lots, utility infrastructure, and a stormwater management system. The project would result in unavoidable impacts to 1.747 acres of emergent wetland.
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: Prior to initial construction of Phase I of the Avalon Springs development, the site was selected due to its proximity to existing roadways and residential development, the availability of sewer and water utilities, and its sufficient size to allow for a townhome residential complex. Bright Built Homes subsequently purchased the property and began initial development (Phase I), which avoided impacts to jurisdictional waters. Initial expansion of the development (Phase II) minimized jurisdictional water impacts to the most feasible extent possible and impacted 185 linear feet of intermittent stream and 0.328 acre of wetland. These impacts were authorized under the Nationwide Permit process, and mitigation was provided through purchase of in-lieu fee credits. Based on compliance with local zoning regulations, the avoidance of significant water/wetland resources in the immediate vicinity, the existing investment in the site, the compatibility with adjacent land use, and absence of feasible alternative, the applicant has stated that the proposed Phase III development location is the only practicable alternative location for accomplishing the needed Avalon Springs expansion. Due to the small size of the property and the central location of the emergent wetland within the project boundary, avoiding impacts to all aquatic resources was not practicable. Impacts have been minimized to the maximum extent possible and still allow for feasible development.
Mitigation is proposed to off-set unavoidable impacts to 1.747 acres of palustrine emergent wetland. The applicant has proposed to purchase credits from a Corps approved mitigation bank if available, or purchase of credits from the Kentucky Department of Fish and Wildlife Resources In-lieu Fee Program.
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 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. Based on information by the applicant, and a review of the Information for Planning and Consultation (IPAC) website, https://ecos.fws.gov/ipac/, the following federally-listed species are known to or believed to occur in the area to be affected (directly or indirectly) by the proposed action:
List of Species
Common Name Scientific Name
Gray bat Myotis grisescens
Northern long-eared bat Myotis septentrionalis
Indiana bat Myotis sodalis
Kentucky glade cress Leavenworthia exigua laciniata
Running buffalo clover Trifolium stoloniferum
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. 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, prehistoric, 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 "Public Notice LRL-2019-496" link located below in the left hand corner of this page.. All comments regarding this proposal should be addressed to Mr. Matt Dennis, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL-2019-496-mad.
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-2019-496-mad.
b) Provide your physical mailing address and telephone number.
c) Send your email to: firstname.lastname@example.org.
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.