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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: CGS Services, Incorporated
2920 East US Highway 52
Morristown, IN 46161
AGENT: Weaver Consultants Group, LLC
7121 Grape Road
Granger, IN 46530
LOCATION: Two UNTs to Blue River and adjacent wetland, located in the agricultural field immediately east of the solid waste landfill in Morristown, Shelby County, Indiana.
7.5 Minute Quad: Morristown Quad
PURPOSE: To construct a rail transfer facility for an alternative, more efficient and economic method of transporting bulk refuse.
DESCRIPTION OF WORK: Construction of a rail transfer facility that includes two rail spurs, and three sets of rail tracks. The project would require relocation of 3,950 feet of unnamed tributary, 250 feet to the east and discharge of fill into 1.23 acres of an emergent, farmed wetland.
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant is relocating the existing channel into a similar open cut channel instead of encapsulating the entire feature. The applicant attempted to avoid impact to the wetland; however, do to the requirements to connect to the railroad and utility requirements, the wetland could not be avoided.
To mitigate these impacts, the applicant is proposing to purchase wetland credits from the Indiana In-Lieu Fee Program, managed by the Indiana Department of Natural Resources (IDNR).
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.
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 would be directly affected by the proposed work. A Phase 1a Archeological survey was performed by the applicant, resulting no National Register of Historic places listed-or-eligible resources. A determination of no historic properties affected was made by the Corps and coordinated with SHPO in a letter dated May 1, 2023. 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. Scott Matthews, CELRL-RDN at the address noted above and should refer to the Public Notice Number No. LRL-2022-1015-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-2022-1015-sam.
b) Provide your physical mailing address and telephone number.
c) Send your email to: email@example.com
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.