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State of IN - APPLICANT: Indiana Department of Transportation

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State of IN - APPLICANT: Indiana Department of Transportation; PROJECT PROPOSAL: The purpose of the project is to improve traffic flow and mobility, overall pavement condition, drainage, and safety of State Road 256.

This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 404 of the Clean Water Act (CWA) and for State Water Quality Certification pursuant to Section 401 of the CWA from the Indiana Department of Environmental Management, Office of Water Quality.

APPLICANT: Indiana Department of Transportation 100 North Senate Avenue, Room N642 Indianapolis, Indiana 46204

AGENT: VS Engineering, Inc. 4275 North High School Road Indianapolis, Indiana 46254

LOCATION: On State Road 256, beginning 0.5 mile east of U.S.Highway 31 to 1,200 feet east of State Road 203 inScott County, Indiana. Latitude: 38.74332°N Longitude: 85.78098°W 7.5 Minute Quad: Scottsburg, IN

PURPOSE:The purpose of the project is to improve trafficflow and mobility, overall pavement condition,drainage, and safety of State Road 256.

DESCRIPTION OF WORK: The applicant proposes to reconstruct State Road 256 that would involve 4 intersection improvements, 19 small structure replacements, and one bridge replacement. Approximately 5,842 cubic yards (cys) of fill material would be discharged into 14 wetlands (totaling 0.841 acre) and approximately 555 cys of fill material would be discharged into 20 streams (totaling 4,493 linear feet). The fill material would consist of clean earthen fill, limestone riprap, and poured concrete. The following table summarizes the proposed impacts to “waters of the United States”:

Water Resources

Resource Type

Impact (Linear feet)

Impact (Acres)

Impact Type

Stream 2

Ephemeral

98

NA

Culvert/riprap

Stream 3

Ephemeral

167

NA

Culvert/riprap/channelization

Stream 4

Perennial

132

NA

Bridge replacement/riprap

Stream 4A

Ephemeral

103

NA

Channel fill

Stream 5

Ephemeral

176

NA

Culvert/riprap/channelization

Stream 6

Intermittent

606

NA

Culvert/riprap/channelization

Stream 6A

Intermittent

115

NA

Culvert/riprap

Stream 7

Ephemeral

26

NA

Relocation

Stream 8

Ephemeral

1037

NA

Relocation

Stream 9

Intermittent

135

NA

Culvert/riprap

Stream 10

Ephemeral

83

NA

Relocation

Stream 11

Ephemeral

647

NA

Relocation

Stream 12

Ephemeral

91

NA

Culvert/riprap/channelization

Stream 12A

Ephemeral

90

NA

Culvert/riprap

Stream 14

Intermittent

283

NA

Culvert/riprap/channelization

Stream 15

Intermittent

158

NA

Culvert/riprap/channelization

Stream 16

Ephemeral

172

NA

Culvert/riprap/channelization

Stream 17

Ephemeral

160

NA

Culvert/riprap

Stream 18

Intermittent

139

NA

Culvert/riprap/channelization

Stream 18A

Intermittent

75

NA

Culvert/channelization

Wetland 1

Emergent

NA

0.043

Road widening

Wetland 2A

Forested

NA

0.042

Road widening

Wetland 4/2C

Emergent

NA

0.407

Intersection realignment

Wetland 2D

Emergent

NA

0.01

Intersection realignment

Wetland 2E

Emergent

NA

0.026

Intersection realignment

Wetland 2G

Emergent

NA

0.057

Intersection realignment

Wetland 3

Forested

NA

0.161

Road widening

Wetland 6

Emergent

NA

0.001

Road widening

Wetland 7

Emergent

NA

0.014

Road widening

Wetland 8

Forested

NA

0.002

Road widening

Wetland 8A

Emergent

NA

0.008

Road widening

Wetland 9

Emergent

NA

0.007

Road widening

Wetland 11

Emergent

NA

0.056

Road widening

Wetland 14

Emergent

NA

0.007

Road widening

Total

4,493

0.841

AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant has redesigned the intersection improvement at Coffee Pot Road to minimize impacts to aquatic resources. A total of 2,196 linear feet of stream would be relocated on-site to accommodate widening of the highway. These streams would be replaced with streams of equal or greater ecological functions.

Mitigation would be required to compensate for the proposed impacts to streams and wetlands that result in a loss of the aquatic resource and/or their functions. The applicant proposes offsite mitigation that would consist of the creation of 5.2 acres of forested wetland and 1,316 linear feet of meander scar channel in the Muscatatuck River floodplain directly adjacent to two other previously authorized compensatory mitigation sites. The proposed mitigation site is located at latitude 38.713000°N and longitude 85.885100°W, Scott County, Indiana. Additional information regarding the proposed mitigation plan is available upon request.

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. This Public Notice serves as the notice for a Clean Water Act Section 401 application for water quality certification from the IDEM. IDEM will review this proposal for compliance with the applicable provisions of Section 301, 302, 303, 306 and 307 of the CWA, including the state water quality standards currently set forth at 327 IAC 2. They will consider comments regarding this proposal postmarked by the closing date of this notice. Comments to IDEM should be addressed to: IDEM, Office of Water Quality; Section 401 WQC Program; 100 North 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. In a letter dated March 5, 2014, the U.S. Fish and Wildlife Service (USFWS) indicated that 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. Specifically, they conditionally concurred with the applicant’s determination (on behalf of Federal Highway Administration) that the proposed project would not likely adversely affect the Indiana bat and northern long-eared bat.

In a letter dated March 8, 2016, the State Historic Preservation Office (SHPO) concurred with the applicant’s finding (on behalf of Federal Highway Administration) that no historic properties would be adversely affected by the proposed project. However, the applicant is currently in the process of surveying the proposed mitigation site and will coordinate with SHPO regarding their findings. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archaeological, scientific, pre­historical, 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).

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 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 (USEPA), 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. This public notice and drawings are available for viewing by clicking on the "Attachments" link above located in the upper right hand corner of this page. All comments regarding this proposal should be addressed to Ms. Sarah Keller; CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-2015-749-sjk.

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-2015-749-sjk. Example: Subject: LRL-2015-749-sjk

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 1 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.

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