Official websites use .mil
Secure .mil websites use HTTPS
Illinois
LRL-2019-288 LRL-2018-602 LRL-2018-156 Amended LRL-2018-156 LRL-2017-108 LRL-2017-812 LRL-2017-812 LRL-2006-635 LRL-1961-14-C LRL-2013-907 LRL-2014-5-2 LRL-2011-3
LRL-2011-6
LRL-2012-5-2
LRL-2012-5-3
LRL-2012-5-4
LRL-2013-5-1
Ohio
LRL-2018-642 2016-03-LRD LRL-2014-5-2 LRL-2012-5-4
LRL-2011-3
LRL-2018-988 LRL-2018-1087 LRL-2018-00988 LRL-2019-454 LRL-2018-107 LRL-2016-481 LRL-2015-65 LRL-2018-00071 LRL-2018-446 LRL-1998-01842 LRL-2016-481 LRL-2002-521 LRL-2016-46 LRL-2018-75 LRL-2018-74 LRL-2018-72 LRL-2018-70 LRL-2018-831 LRH-2018-00738 LRL-2018-785 LRL-2018-784 LRL-2018-00073 LRL-2018-00461 LRL-2014-100 LRL-2017-00798 LRL-2017-660 LRL-2017-00028 LRL-2017-632 LRL-2014-408 LRL-2017-1190 LRL-2010-683 LRL-2017-54 LRL-2014-408 LRL-2017-292 LRL-2017-00092 LRL-2017-418
LRL-2013-444b LRL-2015-59 LRL-1976-10045 LRL-2016-00272 LRL-2012-45 LRL-2016-00006 LRL-2016-46 LRL-2016-00006 LRL-2014-798 LRL-2004-324 | LRL-2015-578 LRL-2015-400 LRL-2009-1210-c LRL-2011-6 LRL-2014-648
LRL-2019-930 LRL-1999-289 LRL-2012-24 LRL-2019-444 LRL-2019-835 LRL-2019-404 LRL-2019-444 LRL-2019-282 LRL-2019-764 LRL-2019-749 LRL-2019-752 LRL-2019-769 LRL-2019-513 LRL-2019-496 LRL-1981-65 LRL-2019-328 LRL-2016-1036 (2) LRL-2013-84 LRL-2019-68 LRL-2013-00085 LRL-2018-1040 Extension LRL-2018-1040
LRL-2014-00209 LRL-2018-1102 LRL-1999-289 LRL-2018-632 LRL-2017-724
LRL-2018-691 LRL-2003-1473 LRL-2018-265 LRL-2018-642 LRL-2016-853 LRL-2014-859 LRL-2018-465 LRL-2017-104 LRL-2012-24 LRL-2010-325 LRL-2013-86 LRL-2018-246 LRL-2018-43 LRL-2018-321 LRL-2018-294 LRL-2016-1083 LRL-2017-899 LRL-1962-17 LRL-2017-879 LRL-2017-19 LRL-2014-00500 LRL-1981-90070 LRL-2017-612 LRL-2016-00148 LRL-1976-13 LRL-2017-292 LRL-2006-635 LRL-2017-496 LRL-2017-565 LRL-2017-724 LRL-2017-768 LRL-2017-104 LRL-2017-708 LRL-2013-00143 LRL-1976-10045 LRL-1993-1023 LRL-2017-365 LRL-2015-329 LRL-2017-269 LRL-2017-273 LRL-2017-274 LRL-2016-00006 LRL-2013-00091
LRL-2012-646 LRL-2010-325 LRL-2016-808 LRL-2016-00006 LRL-2005-197 LRL-2015-868 LRL-2015-558-2 LRL-2014-374 LRL-1981-00042 LRL-2004-1506 LRL-2015-785 LRL-2009-358 LRL-2015-684 LRL-2015-225 LRL-2008-642 LRL-2013-83 LRL-2015-645 LRL-2014-664 LRL-2015-558 LRL-2009-127 LRL-2015-282 LRL-2015-417 LRL-2011-707-b LRL-2014-665 LRL-2013-448 LRL-2014-617 LRL-2014-346 LRL-2013-272 LRL-2015-21 LRL-2014-927 LRL-2013-533 LRL-2014-5-2 LRL-2013-739 LRL-2010-323 LRL-2011-3 LRL-2011-6 LRL-2012-5 LRL-2012-5-3 LRL-2012-5-4
This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 404 of the Clean Water Act 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: Solar Sources Mining, LLC
625 N 9th St.; P.O. Box 7
Petersburg, IN 47567
AGENT: Wetland Services, Inc.
3880 Trigg Turner Rd.
Corydon, KY 42406
LOCATION: UNT to East Fork White River
4540 N 750 W
Jasper, IN 47546
Latitude: 38.4942°
Longitude: -87.03716°
7.5 Minute Quad: Otwell, Indiana
PURPOSE: Development of a surface mine facility to extract coal from multiple seams, and sell on the open market DESCRIPTION OF WORK: The proposed project would result in the discharge of fill and/or dredged material into “waters of the United States” on a 382-acres project site, Shamrock A1 Mine, pending approval under Surface Mining Control and Reclamation Act (SMCRA) –Indiana Department of Natural Resources (IDNR) Permit Number S-340-1. The proposed mine would excavate coal seam overburden to uncover and mine multiple coal seams. The mineable seams of interest are the Holland, Buffaloville, Upper Block, Lower Block Rider, and Lower Block. All economically recoverable coal would be removed during the excavation, processed and sold. The remaining excavated overburden materials generated, non-coal wastes, and any coal processing waste materials would be placed in designated fill areas or into adjacent mined out pits. The area would be returned to its approximate original contour, covered with reserved soil materials, revegetated and returned to the SMCRA approved post-mine land uses.
Streams and wetlands would be impacted from the construction of the surface mine and associated facilities. A total of 25,069 linear feet of jurisdictional stream would be impacted. Of this, 10,578 linear feet of the proposed impacts would be to ephemeral streams and 10,578 linear feet would be to intermittent streams. Additionally, 2.6 acres of wetlands and 1.6 acre of open water would be impacted.
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant considered numerous design alternatives, but due to the location of jurisdictional waters throughout the project site, a functional design for the surface mining facility that did not discharge dredged or fill material could not be achieved. Streams and associated wetlands dissect the proposed permit area and the additional time, road crossing construction, and costs of moving equipment, coal, and overburden make this economically unfeasible for a site of this size. Of the 63,489 linear feet of stream, 8 acres of wetland, and 3.6 acres of open water identified within the review area, 35,847 linear feet of stream impacts, 5.4 acre of wetland, and 1.9 acres of open water would be avoided.
Mitigation is proposed to be performed offsite using both in-kind and out-of-kind permittee responsible mitigation. The mitigation site is a 69.5 acre parcel on Mill Creek in Pike County, IN 8-digit HUC 05120209. The site is located 900’ upstream of confluence with the Patoka River. The site is linear and comprises a 2,500-linear foot segment of Mill Creek, with adjoining floodplains on each side. On the 69.5-ac. property, restoration, enhancement, and preservation would occur on and be protected with a Restrictive Covenant covering 54.4-acres. Mitigation would include rehabilitation of 3,259 linear feet of perennial stream, 3,449 linear feet of intermittent stream, restoration of 30-acre of palustrine forested wetland (PFO), enhancement of 6.8 acres of PFO wetland, preservation of 0.8 ac of PFO wetland, and 19 acres of riparian buffer.
Stream restoration would occur on Mill Creek and the 4 tributaries. The old channels would be removed, and new meandering channels built on the surface of the original floodplain. The new channels would be established with a riffle-run-pool-glide profile and sized to reach bankfull on a 1 to 2-yr return interval. Sinuosity would vary according to the slope of the valley and width/depth ratios would vary according to sediment supply. Design for the mitigation channels is based on the Rosgen method as adapted to the Illinois Basin.
Wetland restoration would include excavation to remove hydrology modifications from the wetland restoration area. The tile inlets and outlets would be removed, and the main runs would be perforated on intervals sufficient to prevent groundwater flow paths from higher elevations to lower elevations within the project area. The trenches would then be backfilled and graded to original contours and an existing diversion terrace would be removed. Native wetland vegetation would then be planted from a Corps approved planting list appropriate for the landscape and wetland classification.
A 19 acre area of riparian buffer is proposed within the off-site mitigation property. This forested buffer would serve to protect both stream and wetland mitigation as well as utilizing the entirety of the offsite location that would otherwise be left in agricultural production possibly encroaching on the newly established mitigation. 12-acres would be in the form of upland forested riparian buffer and 7-acres would be from additional PFO restoration.
All offsite mitigation construction would be completed the first full growing season following permit issuance. Tree planting would be completed the following year.
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. 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.
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 have been directly affected by the 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, prehistorical, 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. 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 Matt Dennis, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL-2019-612.
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-2019-612-mad.
Example:
Subject: LRL-2019-612-mad
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.