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The applicant has requested to discharge dredged and/or fill material into 6.53 acres of wetland in association with the construction of the Guernsey Power Station

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The applicant has requested to discharge dredged and/or fill material into 6.53 acres of wetland in association with the construction of the Guernsey Power Station, a new 1,650-megawatt (MW) natural gas-fired combined cycle electric generating facility.

TO WHOM IT MAY CONCERN: The following applicant has submitted an application for a Department of the Army Permit under the provisions of Section 404 of the Clean Water Act for the proposed discharge of dredged and/or fill material into waters of the United States (U.S.). This notice serves as the U.S. Army Corps of Engineers’ (Corps) request to the Ohio Environmental Protection Agency (OEPA) to act on the Section 401 Water Quality Certification (WQC) for the following application.

APPLICANT: Guernsey Power Station, LLC 3698 Paddock Road Plainfield, Indiana 46168

LOCATION: The proposed project is located west of Interstate 77 and approximately one mile south of Interstate 70, in Valley Township, Guernsey County, Ohio (39.93390, -81.53588). See Sheets 1 of 7 and 2 of 7 for details on the proposed project location. Waters of the U.S. within the proposed project area flow into Wills Creek, a tributary of the Muskingum River, a navigable water of the U.S.

DESCRIPTION OF PROPOSED WORK: The applicant has requested a Department of the Army permit to discharge dredged and/or fill material into 6.53 acres of wetland, as indicated on Sheets 4 of 7 through 7 of 7, in association with the construction of the Guernsey Power Station, a new 1,650-megawatt (MW) natural gas-fired combined cycle electric generating facility. The proposed discharge of dredged and/or fill material into waters of the U.S. is described in Tables 1 and 2.

The applicant has indicated the proposed Guernsey Power Station would help meet energy demands in southeastern Ohio by providing additional base load and peaking capacity via the natural gas-fired combined cycle technology. Construction of the Guernsey Power Station would result in the permanent discharge of dredged and/or fill material into 3.07 acres of wetland and the temporary discharge of dredged and/or fill material into 3.46 acres of wetland, as described in Tables 1 and 2. A copy of the application, including all supplemental materials (alternative analysis, compensatory mitigation plan, etc.), is available for public review in the Huntington District Office, by appointment.

ALTERNATIVES ANALYSIS: A total of 3.07 acres of wetland would be permanently filled and a total of 3.46 acres of wetland would be temporarily filled by the construction of the proposed project. The Section 404(b)(1) Guidelines state for non-water dependent activities, practicable alternatives that do not involve a discharge into special aquatic sites such as wetlands are presumed to be available, unless clearly demonstrated otherwise. The applicant is required to provide an alternatives analysis that must overcome this presumption prior to receiving authorization for the discharge of dredged and/or fill material. The applicant has submitted an alternatives analysis and it is currently under review. A complete copy of the applicant’s alternatives analysis can be reviewed by appointment at the above address. No permit will be issued until we have determined that the alternative analysis clearly demonstrates that practicable upland alternatives are not available to achieve the overall project purpose. AVOIDANCE AND MINIMIZATION: In evaluating a project area containing waters of the U.S., consideration must be given to avoiding impacts on these sites. If waters of the U.S. cannot be avoided, then impacts must be minimized. Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed project. Approximately 52.99 acres of wetland and 4,777 linear feet of perennial and ephemeral streams subject to regulation under Section 404 of the Clean Water Act regulated are present within the proposed project area. Avoidance and minimization efforts were incorporated into the proposed. The proposed project has been designed to avoid 100% of on-site perennial and ephemeral streams and 94.2% of on-site wetlands. The applicant would be required to obtain stormwater permits and to implement stormwater protection plans as needed for site construction following the requirements of the National Pollutant Discharge Elimination System (NPDES) program. Stormwater management and erosion control systems would be implemented during construction and all disturbed areas would be seeded and/or revegetated after completion of construction activities. All waters of the U.S. temporarily affected by construction activities would be returned to pre-disturbance conditions. COMPENSATORY MITIGATION PLAN: To compensate for the permanent discharge of dredged and/or fill material into waters of the U.S. associated with the proposed project, the applicant conceptually proposes to purchase in-lieu fee credits from a federally-approved in-lieu fee program.

WATER QUALITY CERTIFICATION: A Section 401 WQC is required for the proposed activity. It is the applicant’s responsibility to obtain WQC from the OEPA.

HISTORIC AND CULTURAL RESOURCES: The National Register of Historic Places (NRHP) has been consulted and it has been determined there are properties potentially eligible for the NRHP which could be directly or indirectly affected by the proposed project.Archaeological investigations (e.g., Phase 1 and Phase II Archaeological Investigations) were performed in consultation with the Ohio State Historic Preservation Office (SHPO). In a letter dated October 11, 2017, the Ohio SHPO acknowledged that potentially eligible archaeological resources would be avoided. Based on the above information, the Corps has determined the proposed undertaking would have no effect on archaeological resources listed or eligible for listing on the NRHP.

With regards to architectural resources, the applicant conducted a historic architecture reconnaissance survey, including a background literature review and a systematic survey of historic architectural resources 50 years or older. As a result of the aforementioned survey, it has been determined that architectural resources could be directly and indirectly affected by the proposed project. In a letter dated October 11, 2017, the Ohio SHPO stated “Tetra Tech has provided information to support their contention that the proposed project will not diminish the integrity or alter the characteristics that quality any of the above referenced historic architectural resources for National Register Incision. Therefore, the project will have no adverse effect on historic properties.” Based on the above information, the Corps has determined the proposed undertaking would have no adverse effect on architectural resources listed or eligible for listing on the NRHP.

This Public Notice serves as coordination with the Ohio SHPO, pursuant to Section 106 of the National Historic Preservation Act of 1966. A copy of this Public Notice will be furnished to the Ohio SHPO for their review. Comments concerning archaeological sensitivity of the project area should be based on collected data.

THREATENED AND ENDANGERED SPECIES: The proposed project lies within the range of the Federally-listed endangered Indiana bat (Myotis sodalis) and the Federally-listed threatened northern long-eared bat (Myotis septentrionalis). To avoid adverse impacts to the Indiana bat and the northern long-eared bat, the applicant has proposed to implement the U.S. Fish and Wildlife Services’ proposed seasonal tree clearing restrictions. Tree clearing would only occur between October 1 and March 31. Based on this information, the proposed project is not likely to adversely affect the continued existence of any endangered species or threatened species, or result in the destruction or adverse modification of habitat of such species which has been determined to be critical. This Public Notice serves as coordination with the U.S. Fish and Wildlife Service concerning any information they may have on whether any listed or proposed to be listed endangered or threatened species may be present in the area which would be affected by the activity, pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended).

PUBLIC INTEREST REVIEW AND CUMULATIVE EFFECTS: This application will be reviewed in accordance with 33 CFR 320-332, the Regulatory Program of the Corps, and other pertinent laws, regulations, and executive orders. Our evaluation will also follow the guidelines published by the U.S. Environmental Protection Agency pursuant to Section 404(b)(1) of the Clean Water Act (40 CFR 230). 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 that reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors that may be relevant to the proposal will be considered, including the cumulative effects thereof; of those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, 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, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.

SOLICITATION OF COMMENTS: The Corps 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. For accuracy and completeness of the administrative record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding of the reasons for support or opposition. Any person may request, in writing, within the comment period specified in the notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Any comments received will be considered by the Corps 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 on these factors received in this office on or before the expiration date of this public notice will become a part of the record and will be considered in the final determination. A permit will be granted unless its issuance is found to be contrary to the public interest.

CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before the close of the comment period listed on page one of this Public Notice. If no comments are received by that date, it will be considered that there are no objections. Comments and requests for additional information should be submitted to:

U.S. Army Corps of Engineers 502 Eighth Street Huntington, West Virginia 25701-2070 ATTN: CELRH-RD-E, Public Notice No. LRH-2017-00244-MUS

Please note that submitted comments in response to this Public Notice become part of our administrative record and, as such, are available to the public under provisions of the Freedom of Information Act. Thank you for your interest in our nation's water resources. If you have any questions concerning the above, please contact Ms. Audrey Richter of the Energy Resource Branch at (304) 399-5610.

Table 1.0 Proposed Permanent Discharge of Dredged and/or Fill material into waters of the United States (woUS) associated with the Guernsey Power Station, Guernsey County, Ohio (39.936528, -81.536111)- LRH-2017-00244-MUS.

Aquatic Resource

Type

Estimated amount of aquatic resource in review area

Proposed Impact

Impact Type

W-C31

Category Modified 2 emergent wetland

8.37 acres

0.012 acres

Fill – Transmission Poles

0.004 acres

Fill – Distribution Poles

W-C52

Category 2 emergent wetland

4.85 acres

0.002 acres

Fill – Distribution Pole

0.28 acres

Fill – Substation

Category 2 forested wetland

20.63 acres

0.004 acres

Fill – Distribution Poles

2.77 acres

Fill – Substation

W-C101

Category Modified 2 emergent wetland

0.10 acres

0.002 acres

Fill – Distribution Pole

Total Proposed Discharge of Dredged and/or Fill Material into woUS.

3.07 acres

Table 2.0 Proposed Temporary Discharge of Dredged and/or Fill material into waters of the United States (woUS) associated with the Guernsey Power Station, Guernsey County, Ohio (39.936528, -81.536111) LRH-2017-00244-MUS

Aquatic Resource

Type

Estimated amount of aquatic resource in review area

Proposed Impact

Impact Type

W-C31

Category Modified 2 emergent wetland

8.37 acres

1.45 acres

Fill – Access and Work Space for Pole Construction

W-C52

Category 2 emergent wetland

2.06 acres

0.15 acres

Fill – Access and Work Space for Pole Construction and Substation

Category 2 shrub-scrub wetland

2.79 acres

0.7 acres

Fill – Access and Work Space for Pole Construction

Category 2 forested wetland

20.63 acres

1.13 acres

Fill – Access and Work Space for Pole Construction and Substation

W-C101

Category Modified 2 emergent wetland

0.10 acres

0.03 acres

Fill – Work Space for Pole Construction

Total Proposed Temporary Proposed Discharge of Dredged and/or Fill Material into woUS

3.46 acres

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