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Village of Ashwaubenon

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PUBLIC NOTICE: The Village of Ashwaubenon has applied for a Department of the Army permit to discharge dredged or fill material into wetlands adjacent to an unnamed tributary of Dutchman Creek.

PROJECT DESCRIPTION AND PURPOSE: The Village of Ashwaubenon has applied for a Department of the Army permit to discharge dredged or fill material into wetlands adjacent to an unnamed tributary of Dutchman Creek. The proposed site includes an existing impoundment originally constructed in 2000 for sediment deposition purposes that has since deteriorated, no longer meeting current design standards for water quality credit.

Public Notice APPLICANT:

Village of Ashwaubenon

REFER TO:

2016-01097-JLK

ISSUED: November 8, 2017 EXPIRES: December 8, 2017

SECTION: 404 - Clean Water Act

1. APPLICATION FOR PERMIT TO discharge dredged or fill material within 3.00 acres of wetlands adjacent to an unnamed tributary of Dutchman Creek. The discharge would result from mechanical grading and shaping during construction of a storm water pond. 2. SPECIFIC INFORMATION APPLICANT

Village of Ashwaubenon 2155 Holmgren Way Ashwaubenon, WI 54304

AGENT

McMahon Associates, Inc. 1445 McMahon Drive P.O. Box 1025 Neenah, WI 54957-1025

PROJECT LOCATION: The project site is located in Section 17, Township 23 North, Range 20 East, Brown County, Wisconsin. Latitude 44.46087, Longitude -88.10895. DESCRIPTION OF PROJECT: The Village of Ashwaubenon has applied for a Department of the Army permit to discharge dredged or fill material into wetlands adjacent to an unnamed tributary of Dutchman Creek. The proposed site includes an existing impoundment originally constructed in 2000 for sediment deposition purposes that has since deteriorated, no longer meeting current design standards for water quality credit. To resolve this issue, the Village proposes to expand existing ponds which will result in the excavation of material from approximately 3.00 acres of wetlands and deposit it in a nearby upland site. The regulated discharges are associated with the mechanical grading and shaping during the completion of final grades and safety shelves. When completed the designed pond will improve water quality and increase flood storage within the watershed. AREA OF FILL/EXCAVATION: The project area includes 3.00 acres of low quality wetlands adjacent to an unnamed tributary of Dutchman Creek. The site is approximately 1.63 acres of fresh (wet) meadow and 1.37 acres of forested wetlands and is under Village of Ashwaubenon ownership. SURROUNDING LAND USE: The project area is bordered by paved roadways to the south and southeast and commercial development to the east, west, and north. THE FOLLOWING PRECAUTIONS TO PROTECT WATER QUALITY HAVE BEEN DESCRIBED BY THE APPLICANT: Wetland impacts will be minimized by using construction access routes where wetlands do not exist. Areas outside the proposed wetland disturbance will be protected by silt fence. All areas will be restored with wetland vegetation in and near the water surface, prairie plants will be planted outside the water surface.

Regulatory Branch (File No. 2016-01097-JLK) The excavated material planned for disposal will be hauled to an offsite location selected by the contractor. The contractor will be responsible for erosion control and permitting as necessary for their spoil disposal site. MITIGATION: To compensate for the impacts to 3.00 acres of low quality wetlands, the applicant proposes to purchase 4.35 wetland credits from the Wisconsin Wetland Conservation Trust (In-Lieu Fee). 3. FEDERALLY-LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT None were identified by the applicant or are known to exist in the permit area. However, Brown County is within the known or historic range of the following Federally-listed species: Northern Long-Eared Bat

Hibernates in caves and mines ­ swarming in surrounding wooded areas in autumn. Roosts and forages in upland forests during spring and summer.

Piping Plover

Sandy beaches; bare alluvial and dredge spoil islands.

Rufa Red Knot

Along Green Bay.

Rusty Patched Bumble Bee

Grasslands with flowering plants from April through October, underground and abandoned rodent cavities or clumps of grasses above ground as nesting sites, and undisturbed soil for hibernating queens to overwinter.

Dwarf Lake Iris

Partially shaded sandy-gravelly soils on lakeshores.

This application is being coordinated with the U.S. Fish and Wildlife Service. Any comments it may have concerning Federally-listed threatened or endangered wildlife or plants or their critical habitat will be considered in our final assessment of the described work. 4. JURISDICTION This application is being reviewed in accordance with the practices for documenting Corps jurisdiction under Sections 9 & 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act identified in Regulatory Guidance Letter 08-02. 5. STATE SECTION 401 WATER QUALITY CERTIFICATION WATER QUALITY CERTIFICATION. This Public Notice has been sent to the Wisconsin Department of Natural Resources and is considered by the District Engineer to constitute valid notification to that agency for Section 401 water quality certification. A permit will not be granted until the Wisconsin Department of Natural Resources has issued or waived Section 401 certification.

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Regulatory Branch (File No. 2016-01097-JLK)

6. HISTORICAL/ARCHAEOLOGICAL The Corps will review information on known cultural resources and/or historic properties within and adjacent to the project area. The Corps will also consider the potential effects of the project on any properties that have yet to be identified. The results of this review and the Corps' determination of effect will be coordinated with the State Historic Preservation Officer independent of this public notice. Any adverse effects on historic properties will be resolved prior to the Corps authorization, or approval, of the work in connection with this project. 7.

PUBLIC HEARING REQUESTS

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, in detail, the reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. 8. PUBLIC INTEREST REVIEW The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit 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, including the cumulative effects. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production and, in general, the needs and welfare of the people. Environmental and other documents will be available for review in the St. Paul District Office. 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. 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. 10. COASTAL ZONE MANAGEMENT. The Wisconsin Coastal Management Program (WCMP) in the Department of Administration is inviting public comment regarding this project. The WCMP may conduct a Federal consistency review to verify that the project will comply with State policies in Wisconsin's coastal zone. Further information may be obtained from the Federal Consistency Coordinator at: Wisconsin Coastal Management Program, P.O. Box 7868, Madison, WI 53707-7868; (608) 267-7982.

Page 3 of 4

Regulatory Branch (File No. 2016-01097-JLK) Any comments on whether or not this proposed project complies with the State enforceable policies should be received within 30 days by the Federal Consistency Coordinator. 9.

REPLIES/COMMENTS

Interested parties are invited to submit to this office written facts, arguments, or objections within 30 days of the date of this notice. These statements should bear upon the suitability of the location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable. Comments received may be forwarded to the applicant. Replies may be addressed to: U.S. Army Corps of Engineers Attn: Jessica Kempke 211 North Broadway, Suite 221 Green Bay, Wisconsin 54303 Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Jessica Kempke at the Green Bay office of the Corps, telephone number 651-290-5856. To receive Public Notices by e-mail, go to: http://mvp-extstp/list_server/ and add your information in the New Registration Box.

Todd Vesperman Chief, Southeast Section

Enclosures

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