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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: Longbranch Development Inc. 3940 Olympic Boulevard, Suite 400Erlanger, Kentucky 41018
AGENT: RES Kentucky, LLC 2307 Greene Way, Suite BLouisville, Kentucky 40220
LOCATION: The project would be located 0.2 miles Northwest of theintersection of KY 536 (Hathaway Road) and Turner Drive in Boone County, Kentucky.
Latitude: 38.945976 Longitude: -84.7025977.5Minute Quad: 1:24,000 Union, KY
PURPOSE: To construct a residential development.
DESCRIPTION OF WORK: The residential development would consist of the construction ofapproximately 133 lots for single family homes with associated roads, utilities, stormwater management and other required infrastructure. The proposeddevelopment would result inimpacts to no more than 918 linear feet of intermittent stream, 1,648 linear feet of ephemeral stream, 0.243 acre of wetland, and 1.287 acres of open water.
AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant has proposedto offset unavoidable impactswaters of the U.S. bypurchasingmitigation creditsfroma private mitigation bank or from the Kentucky Department of Fish & Wildlife In-Lieu Fee Program.
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 submittedinformation.
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 ofKentuckyWater Quality Certification or waiver is onfile at this office. In order to comply with Section 401 of the Clean Water Act, the applicant must apply for Statecertification from theKentucky Energy and EnvironmentCabinet Division ofWater (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 ESAon 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/orendangered 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 designatedcritical habitat and initiate consultation with USFWS, if required.
Any person may request, in writing, within the comment period specified in this notice, that apublic hearing be held to consider this application. A request for a public hearing must state thespecific 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 thatthere are no properties currently listed on the Register which would be directly affected by theproposed work. If we are made aware, as a result of comments received in response to thisnotice, or by other means, of specific archaeological, scientific, pre-Columbian, or historical sitesor structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic PreservationAct 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 ofthe 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 beexpected 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 thoseare 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 thepublic. In addition, the evaluation of the impact of the activity on the public interest will includeapplication of the guidelines (40 CFR Part 230) promulgated by the Administrator, United StatesEnvironmental Protection Agency, under authority of Section 404(b) of the CWA.
The Corps of Engineers is soliciting commentsfrom 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 noobjection to the proposed project. Any comments received will be considered by the Corps ofEngineers 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 publicinterest of the proposed activity.
Written statements received in this office on or before the closing date will become a part of theofficial 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 possibleresolution 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 regardingthis proposal should be addressed to Cody Thayer, CELRL-RDN at the address noted above andshould refer to the Public Notice Number LRL-2021-00131-cat.
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-2021-00131.
Example: Subject: LRL-2021-00131
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.