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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: City of Columbus
123 Washington Street
Columbus, Indiana 47201
AGENT: Strand Associates, Inc.
629 Washington Street
LOCATION: East Fork White River, Columbus, Bartholomew County, Indiana
Latitude: 39.199872° N
Longitude: -85.926318° W
7.5 Minute Quad: Columbus
PURPOSE: To remove a low-head dam and provide enhanced river access, in-river recreational opportunities, and improved fish passage.
DESCRIPTION OF WORK: The proposed project includes the removal of a failing low-head dam, grading of the riverbed, construction of a grouted pool-drop recreational structure, an un-grouted rock riffle structure, an un-grouted limestone block island, an adjacent pedestrian and bike trail, and bank stabilization along both banks. The proposed project would require the re-grading of approximately 20,000 cubic yards (cy) of riverbed material, discharge of approximately 9,600 cy of aggregate material, discharge of 200 cy of grout, and the removal of 5,800 cy of the existing dam below the ordinary high water mark of the East Fork White River impacting 823 linear feet (5.93 acres).
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant has considered four design alternatives and a no build alternative to avoid or minimize impacts to “waters of the U.S.” The preferred alternative was chosen based on costs, economic development, and logistic considerations. The applicant has proposed to mitigate the impacts to the East Fork White River through the purchase of stream credits from the in-lieu fee program administered by the Indiana Department of Natural Resources.
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. In order to comply with Section 401 of the Clean Water Act, the applicant must apply for State certification from IDEM. IDEM can be contacted at the following address: 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.
In addition, this public notice serves as the notification to the Administrator of the Environmental Protection Agency pursuant to Section 401(a)(2) of the Clean Water Act.
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 information by the applicant, and a review of the Information for Planning and Consultation (IPAC) website, https://ecos.fws.gov/ipac/, the following federally-listed species are known to or believed to occur in the area to be affected (directly or indirectly) by the proposed action:
List of Species:
Common Name Scientific Name
Indiana Bat Myotis sodalis
Northern Long-eared Bat Myotis septentrionalis
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. 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.
The National Register of Historic Places has been consulted and it has been determined that there are three structures considered eligible for listing on the Register. Prior to taking final action on this application, this office will establish the location of these structures relative to the proposed worksite. Any impacts on such 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.
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.
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. Michael Davis, CELRL-RDN at the address noted above and should refer to the Public Notice Number No. LRL-2017-01020-MKD.
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-2017-01020-MKD.
Example:
Subject: LRL-2017-01020-MKD
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.