LRL-2014-00621

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:                         Indiana Department of Transportation

                                                100 North Senate Avenue, IGCN 758-ES

                                                Indianapolis, IN  46204         

AGENT:                                  Parsons

                                                101 West Ohio Street, Suite 2121

                                                Indianapolis, IN  46204

LOCATION:                          Along U.S. 50 bypass of North Vernon east of State Road 3 for 3.04 miles in Jennings County, Indiana

                                                Latitude:                     39.0218° North

                                                Longitude:                  85.6202° West

                                                7.5 Minute Quad:        North Vernon

PURPOSE:                             To construct a highway bypass

DESCRIPTION OF WORK: This notice announces a request for an after-the-fact authorization for discharge of fill into 0.16 acres of forested wetland and 1.01 acres of emergent wetlands associated with the construction of the eastern portion of the bypass of U.S. 50 around North Vernon (Des. Number 1173374).  The work is additional fill that was not authorized under the original DA permit issued on December 12, 2014.

AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: Avoidance and minimization is not possible as it is an after-the-fact permit.  The impacts to the two wetlands have already occurred.  To mitigate for these measures the applicant proposes to purchase 3.192 wetland mitigation credits from the Indiana Stream and Wetland Mitigation Program (in-lieu fee).

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.

A historical properties report and an archeological survey report of the project area completed by the Federal Highway Administration (FHWA) identified resources that are potentially eligible for the National Register of Historic Places.  In a letter dated May 29, 2013, the FHWA submitted their findings of Adverse Effect to the Indiana State Historic Preservation Officer (SHPO) for impacts to two archeological resources.  A letter from the SHPO dated June 28, 2013, concurred with these findings.  A Memorandum of Agreement between FHWA and the Indiana SHPO to mitigate the impacts to archeological resources was completed and signed on October 23, 2013.

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. Scott Matthews, CELRL-RDE at the address noted above and should refer to the Public Notice Number No. LRL-2014-621-sam.

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-2014-621-sam.

                                      Example:

                                                            Subject: LRL-2014-621-sam

    b) Provide your physical mailing address and telephone number.

    c) Send your email to: lrl.regulatorypubliccomment@usace.army.mil

    d) Emails must not exceed 10mb.  Multiple emails may be sent as long as each email does not exceed the 10mb limit and each is labeled appropriately, as noted above.  Alternately, you may contact us to arrange alternative means of electronic submittal.