LRL-2019-00584

This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 404 of the Clean Water Act (CWA).

APPLICANT:                         Indiana Department of Transportation

                                                100 North Senate Avenue, Room N642

                                                Indianapolis, IN  46204

AGENT:                                 Corradino, LLC

                                                200 South Meridian Street, Suite 330

                                                Indianapolis, IN  46225         

LOCATION:                          On Wetlands 1, 2, 5, 7, 8, 9, 10, and 11 in Whitestown, Boone County, Indiana

                                                Latitude:                     39.960516 °

                                                Longitude:                  - 86.369931 °

                                                7.5 Minute Quad:        Fayette, Indiana

PURPOSE:                             Realign the interchange of SR 267 and I-65

DESCRIPTION OF WORK:            
The applicant proposes to discharge 50,425 cubic yards of fill into a total of 2.65 acres of emergent wetland for the reconfiguration of the interchange of SR 267 and I65 into a conventional diverging diamond intersection. The fill material would consist of clean earthen fill, limestone riprap, and concrete.

AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES:
As part of the National Environmental Policy Act (NEPA) process, the applicant considered impacts from alternatives including constructing a diverging diamond interchange with grade separation, partial clover interchange, and single point urban interchange. The preferred alternative would have the second fewest impacts to wetlands, and would be the least expensive. Impacts to streams and wetlands were avoided and minimized to the greatest extent practicable.

Mitigation would be required to compensate the proposed impacts to the streams and wetlands.  The proposed project would impact a total of 2.65 acres of emergent wetland. The applicant proposes to mitigate for these impacts through the purchase 2.65 acre of emergent wetland credits from the Buck Creek Wetland Mitigation Bank.

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 may constitute the application for the 401 certification.  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 N. Senate Avenue Room N1255, Indianapolis, Indiana 46204.  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 will not destroy or endanger any Federally-listed threatened or endangered species or their critical habitats, as identified under the Endangered Species Act, and therefore, initiation of formal consultation procedures with the U.S. Fish and Wildlife Service is not planned at this time.

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.

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 U.S. Fish and Wildlife Service (USFWS) has concurred with the applicant’s determination that the project may affect, but is not likely to adversely affect the endangered Indiana bat and/or the threatened Northern long-eared bat.

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.

In accordance with Section 106, National Historic Preservation Act (NHPA) of 1966, as amended and 36 CFR Part 800, the Federal Highway Administration (FHWA) is the lead agency for the proposed project. INDOT, on behalf of the Federal Highway Administration (FHWA) coordinated with the Indiana State Historic Preservation Office (SHPO) as part of the NEPA process for Section 6.  Indiana SHPO concurred with INDOT’s determination of No Adverse Effect for the proposed project.

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.  Drawings are available on Louisville District's Internet site at http://www.lrl.usace.army.mil/Missions/Regulatory/Public-Notices/.  All comments regarding this proposal should be addressed to Ms. Deborah Duda Snyder, CELRL-RDN at the address noted above and should refer to the Public Notice Number No. LRL-2019-00548.

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-2019-584-dds.

                                      Example:

                                                            Subject: LRL-2019-00584-dds

    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.