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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:
APPLICANT: City of St. Matthews
3940 Grandview Avenue
St. Matthews, Kentucky 40207
AGENT: RES Kentucky, LLC dba Redwing Ecological Services
1139 South Fourth Street
Louisville, Kentucky 40203
LOCATION: Unnamed perennial tributary to Muddy Fork Beargrass Creek located on the properties along Trinity Hills Lane, Massie Avenue and Gilman Avenue, City of St. Matthews, Jefferson County, Kentucky.
Latitude: 38.261818°N
Longitude: 85.649304°W
7.5 Minute Quad: Jeffersonville
PURPOSE: Complete drainage improvements along a degraded, perennial stream to reduce flood elevations along the stream, minimize flood frequency, extent and damage to the adjacent properties.
DESCRIPTION OF WORK: The proposed drainage improvements would include widening the existing stream channel and increasing stream channel slope to increase the flow capacity and conveyance of the unnamed perennial stream, and thereby, lowering the water surface elevations of the 100-year, 24-hour storm by several feet in some sections and would reduce the frequency of flood events along the entire stream channel. The proposed drainage improvements would result in temporary impacts to 1,016 linear feet (0.117 acre) of an unnamed perennial tributary. The existing channel profile through the central portion of the project corridor would be lowered by an average of two feet and the cross-section width of the bottom of the channel would be widened to 10-feet with streambanks constructed of redi-rock walls. The streambed would be constructed back with a four-foot-wide concrete bottom/invert with crushed rock/stone being placed on both sides of the concrete invert and extending to the full channel bottom width.
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The purpose of the project is to complete drainage improvements along a degraded, unnamed perennial stream to reduce flood elevations along the channel and minimize flood frequency, extent and damage to adjacent properties. The applicant has designed the project to meet the purpose and need while minimizing impacts to the perennial channel. In addition, all impacts to the unnamed perennial channel would be temporary and the channel would be designed and restored in a way where there would be no loss of stream bed or length. Approximately 372 linear feet of the unnamed perennial tributary would be avoided within the project corridor. No mitigation was proposed for this project.
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 until a State of Kentucky Water Quality Certification or waiver is on file at this office. In order to comply with Section 401 of the Clean Water Act, the applicant must apply for State certification from the Kentucky Energy and Environment Cabinet Division of Water (KDOW).
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 Endangered Species Act (ESA, 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7(a) 2 of the ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered, or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impact to threatened and/or endangered species that may occur within the project area. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
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 Ms. Meagan Knuckles, CELRL-RDS at the address noted above and should refer to the Public Notice Number 502-315-6709.
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-2020-00120-mlk.
Example:
Subject: LRL-2020-00120-mlk
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.