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: Prairie Creek Conservancy District
401 East South Street
Washington, Indiana 47501
LOCATION: Turk Ditch, Patterson Ditch, Bethel Lateral, Gootee Lateral, Thompson Lateral, Victor Knepp Lateral, Antioch Lateral, and South Fork Prairie Creek, generally north and northeast of Washington, Daviess County, Indiana.
7.5 Minute Quad: Washington, Montgomery, Epsom, and Odon, IN
PURPOSE: To stabilize relevant reaches of the channel bed and banks of the above referenced streams.
DESCRIPTION OF WORK: The proposed project is designed to stabilize several sections the South Fork Praire Creek and it’s tributaries, as well as ultimately indirectly stabilizing their receiving water, Prairie Creek. This proposed project would augment a previously authorized stabilization project, LRL-2015-00400, in which 19 rock riffle grade control structures have been placed in Prairie Creek, South Fork Prairie Creek, and North Fork Prairie Creek for a similar purpose. Since the 1960’s, a series of channel modifications, including channelization, dredging, and leveeing have occurred along the Prairie Creek System in an effort to promote flood control. Since that time, the channel modifications have resulted in the degradation of the stream channel bed by several feet in places, and has led to several streambank instability issues.
With this phase, the applicant is proposing to install 15 grade control structures in an effort to stabilize the stream channels and to raise the streambed elevations. The applicant proposes to use rock riffle grade control structures. These structures would promote bed and bank stability in the immediate loaction of the structures, and would promote stream bed aggradation upstream of the structures.
The grade control structures would primarily be constructed of riprap. The proposed project would result in the discharge of 11,529 cubic yards of riprap and directly affect 1,620 linear ffet of stream bed and banks.
AVOIDANCE, MINIMIZATION, and MITIGATION MEASURES: Alternatives including No Action and alternative methods have been considered. Other sites are not practicable as the project is specific to addressing concerns within the Prairie Creek system. The proposed actions are being considered as self-mitigating.
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 N. Senate Ave. 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 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 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/.
If you desire to submit your comments by email, you must comply with
a) In the subject line of your email, type in ONLY the Public Notice
ID No. LRL-2020-00546-gjd.
b) Provide your physical mailing address and telephone number.
c) Send your email to: email@example.com.
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.