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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: Peabody Midwest Mining, LLC
566 Dickeyville Road
Lynnville, Indiana 47619
LOCATION: Middle Fork Creek, Robbins Creek, Marie Creek, unnamed tributaries of Buttermilk Creek, Middle Fork Creek, Maria Creek, associated wetlands, and open waters, southeast of Sullivan County, Indiana.
North Unit Central Coordinates
Latitude: 39.02264167
Longitude: -87.33944444
South Unit Central Coordinates
Latitude: 38.93916667
Longitude: -87.33194444
PURPOSE: To relocate wetlands, streams and open waters to facilitate the removal of subsurface coal materials.
DESCRIPTION OF WORK: The proposed project would result in discharges of fill and/or dredged material into “waters of the United States” on a majority of a 5,286.8 acre site, which is divided into two mining units, the North Unit (3,092.6 acres) and South Unit (2,194.2 acrea). The site is pending approval by Surface Mining Control and Reclamation Act (SMCRA) Permit No. S-00256-6. This project is an amendment to a 4476 acre site approved under Corps ID No. LRL-2006-01614-gjd, a 2,666.5 acre site approved under Corps ID No. LRL-2010-00193-gjd, and a 7,252.2 acre acre approved under Corps ID No. LRL-2011-01117.
Under this proposal the applicant is proposing to fill 74,125 linear feet of ephemeral streams, 155,081 linear feet of intermittent streams, and 7,262 linear feet of perennial stream. Proposed wetland impacts for the proposed project are 43.39 acres of acres of palustrine forested (PFO) wetlands, 9.89 acres of palustrine scrub shrub (PSS) wetlands, 37.63 acres of palustrine emergent (PEM) wetlands, and 2.76 palustrine unconsolidated bottome (PUB) wetlands. The applicant also proposes impacts to 28.26 acres of open waters.
All economically recoverable coal would be removed during the excavation of the area, processed and sold. The area would be reclaimed, 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 has completed an Alternative Analysis and their preferred alternative is as described above. In the applicant’s Alternative Analysis, they have taken into consideration various mining methods and action alternatives to evaluate the opportunities for avoidance and minimization measures. The Alternative Analysis is currently under review.
MITIGATION: The applicant’s mitigation plan is conceptual and is currently under review. The Corps will make a determination of appropriate mitigation upon review of all submitted information.
Currently the applicant proposes a combination of onsite and offsite mitigation.
Onsite, the applicant is proposing to construct 7,262 linear feet of perennial streams with 150 foot riparian buffers, 71,450 linear feet of intermittent streams with 100 foot riparian buffers, as well as 142 acres of PFO wetlands.
Open waters would be replaced with a minimum of 28.26 of open waters.
All 74,125 linear feet of ephemeral stream impacts and 83,631 linear feet of intermittent stream impacts are currently proposed to be mitigated out of kind to forested wetlands at an offsite location, “Wabash Site 1.” Wabash Site 1 is located abutting the Wabash River, immediately west of Spelterville, Vigo County, Indiana. At Wabash Site #1, the applicant is proposing to restore 150.6 acres of currently agricultural ground to forested wetlands.
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 Av. Room 1255, 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 is within the range of the federally endangered Indiana Bat (Myotis sodalis) and the federally threatened Northern Long-eared Bat (Myotis septentrionalis). There is no known critical habitat in the project location.
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 known properties currently listed on the Register which would be 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 (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. 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 George DeLancey, CELRL-RD-MCE at the address noted above and should refer to the Public Notice Number LRL-2018-1054-gjd.
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-2018-01054-gjd.
Example: Subject: LRL-2018-01054-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.