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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).
APPLICANT: Citizens Energy Group
2150 Martin Luther King Jr. Street
Indianapolis, Indiana 46202
AGENT: Greeley and Hansen
7820 Innovation Boulevard, Suite 150
Indianapolis, Indiana 46278
LOCATION: West Fork White River, 2500 N. White River Parkway E. Drive, Indianapolis, Marion County, Indiana
Latitude: 39.8016°N
Longitude: 86.1974°W
7.5 Minute Quad: Indianapolis West
PURPOSE: Construct a rock ramp structure to establish water surface elevations and provide source water to the 33rd Street Intake.
DESCRIPTION OF WORK: Excavate 3,200 cubic yards (cys) of riverbed material and the discharge of 560 cys of concrete and 12,528 cys of stone into the White River to construct a rock ramp structure. The failure of the Emrichsville Dam in 2018 and subsequent lower water elevation has impacted the functionality of the 33rd Street intake, which supplies source water to the Central Canal and White River Treatment Plant. The rock ramp would be a run-of-the-river structure constructed with a concrete core wall and various stone to maintain a minimum water surface elevation upstream for the intake while providing fish passage. The concrete core would be constructed within sheet piling and topped with armor stone to form the crest of the structure, which would have an approximate maximum height of 6 feet above the lowest existing riverbed elevation. The proposed rock ramp would be approximately 400 feet in length at the thalweg and left bank, 500 feet in length at the right bank, and include seven weirs. Gradient slope along the length of the rock ramp would range from 0.2% to 1.3% across the width of the river, with a 1.1% slope along the thalweg. Class 1 riprap would be placed along 500 linear feet (LF) of the right bank and 400 LF of the left bank. Soil lifts and prairie seed mix would be installed above the riprap on the right bank. The total fill area within the river would be 3.4 acres along 500 LF.
Construction is proposed to be completed in two phases. In general, Phase I would consist of constructing the western 60% of the rock ramp while diverting river flows to the eastern side with temporary sheet piling and riprap dam. Temporary sheeted/stone filled piers and bridge matting would be used for access. Phase II would modify the temporary sheeting and riprap dam to divert flow to the western side while the eastern 40% of the rock ramp is constructed.
A portage would be constructed to provide safe passage for river users around the structure. Portage ramps would be constructed upstream and downstream of the rock ramp along the left bank, with a pedestrian path connecting the ramps. Permanent river and trail signage would be installed. Temporary river signage would also be installed during construction for safety.
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant evaluated several alternative sites and has indicated the proposed is the least environmentally damaging practicable alternative. The alternatives are being reviewed in accordance with applicable regulations. The applicant minimized impacts by eliminating a proposed 565-foot long, in-river temporary construction access road from the plans. Construction access to the rock ramp site would be in uplands along the proposed maintenance/portage path.
As compensatory mitigation, the applicant proposes to purchase 500 linear feet of perennial stream credits from the Upper White Service Area of the Indiana DNR 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 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. 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 (NRHP) has been consulted and it has been determined that the project is within the Indianapolis Park and Boulevard System, a NRHP-listed Historic District. Prior to taking final action on this application, impacts to the Historic District or other identified properties will be evaluated and considered in making the final decision. With respect to other sites not currently listed on the Register, if we are made aware, as a result of comments received in response to this notice or by other means, of specific archaeological, scientific, pre-Columbian, 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 Mr. Laban C. Lindley, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-2019-806-LCL.
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-2019-806-LCL.
Example:
Subject: LRL-2019-806-LCL
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 10 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.