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This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA).
APPLICANT: Crawford County Highway Department
717 East State Road
English, Indiana 47118
AGENT: Lochmueller Group
6200 Vogel Road
Evansville, Indiana 47715
LOCATION: CR4 Bridge over the Little Blue River at approximately River Mile 7.2 located in Leavenworth, Crawford County, Indiana.
7.5 Minute Quad: Beechwood, Indiana Quad
PURPOSE: To replace the existing CR4 bridge.
DESCRIPTION OF WORK: The Crawford County Highway Department proposes to replace an existing 122.5 ft x 13.8 ft x 17 ft single-span historic truss bridge over Little Blue River, a Section 10 navigable water, with a new 252 ft x 33 ft x 41.5 ft triple span continuous concrete beam bridge. As part of the new construction, the bridge would be reoriented slightly to the east to allow for a better configuration with the existing road. As part of this reorientation, unavoidable impacts to 211 linear feet (0.015 acre) of an ephemeral unnamed tributary (UT) of Little Blue River would be required. The UT of Little Blue River would be relocated approximately 2-3 feet east and would be lined with native substrate. During construction, the existing bridge structure would be removed by crane for relocation and the abutments would be cut to match the existing grade. A temporary construction road/causeway consisting of No. 2 stone, Class 1 riprap, and 2’- 4’ diameter corrugated metal pipes (CMP) would be installed across Little Blue River. This causeway would be in place for approximately 270 days and would be restored to preconstruction contours and elevation when construction is complete. While in place, the causeway would completely block all commercial and recreational traffic on the Little Blue River. During construction, impacts below the ordinary high water mark of Little Blue River resulting from the discharge of 285.1 cubic yards of riprap and CMP would be 29 linear feet (0.04 acre).
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant has proposed the use of Best Management Practices during the construction of the proposed project to minimize the impacts to the surrounding areas. No mitigation has been 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 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.
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.
FHWA is the lead federal agency for the purposes of the Section 106 of the National Historic Preservation Act review process. In 2018, FHWA, in consultation with the Indiana Division of Historic Preservation and Archaeology (SHPO), and other consulting parties, executed a Memorandum of Agreement to mitigate for the adverse effect to Crawford Bridge No. 43. The Corps has reviewed the documentation prepared by the Lead Agency and the Corps concurs with the FHWA’s Section 106 coordination.
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. Sarah Atherton, CELRL-RDS at the address noted above and should refer to the Public Notice Number No. LRL-2022-00543-sea.
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-2022-00543-sea.
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 10 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.