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Roger Lothspeich

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The project will involve the construction of 580 linear feet of vegetated riprap revetment along the east bank of the Yellowstone River. A cutoff rock key with an approximated 10-foot width and 3-foot depth will be installed at the upstream and downstream ends of the revetment. For scour protection, rock will be keyed in approximately 3 feet below the channel bed elevation with a minimum of a 3-foot width (3’ by 3’ rock toe). The rock revetment will be sloped at a 2H:1V and will have a 3-foot thickness from the bank toe to the 2-year water surface elevation, infilled with a 50/50 mixture of streambed material and topsoil with willows placed in the revetment. One soil lift that will be approximately 1.5 feet in height will be installed at the top of the rock revetment and covered with a Koirmat and will be sloped at a 3H:1V slope and revegetated with an approved seed mix.

The applicant’s preferred alternative would result in 580 linear feet of permanent impacts to the Yellowstone River’s bank. The attached drawings provide additional project details.

The project will involve the construction of 580 linear feet of vegetated riprap revetment along the east bank of the Yellowstone River. A cutoff rock key with an approximated 10-foot width and 3-foot depth will be installed at the upstream and downstream ends of the revetment. For scour protection, rock will be keyed in approximately 3 feet below the channel bed elevation with a minimum of a 3-foot width (3’ by 3’ rock toe). The rock revetment will be sloped at a 2H:1V and will have a 3-foot thickness from the bank toe to the 2-year water surface elevation, infilled with a 50/50 mixture of streambed material and topsoil with willows placed in the revetment. One soil lift that will be approximately 1.5 feet in height will be installed at the top of the rock revetment and covered with a Koirmat and will be sloped at a 3H:1V slope and revegetated with an approved seed mix.

The applicant’s preferred alternative would result in 580 linear feet of permanent impacts to the Yellowstone River’s bank. The attached drawings provide additional project details.

PUBLIC NOTICE

Omaha District

Application No: NWO-2012-02901-MTB Applicant: Roger Lothspeich Waterway: Yellowstone River Issue Date: January 30, 2018 Expiration Date: February 28, 2018 30 DAY NOTICE Helena Regulatory Office 10 West 15 Street, Suite 2200 Helena, Montana 59626

JOINT PUBLIC NOTICE FOR PERMIT APPLICATION SUBMITTED TO U.S. ARMY CORPS OF ENGINEERS AND MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBJECT: The U.S. Army Corps of Engineers, Omaha District, (Corps) is evaluating a permit application for bank stabilization along the Yellowstone River. The project will involve the construction of a vegetated riprap revetment along 580 linear feet along the east bank of the Yellowstone River which would result in permanent impacts to approximately 580 linear feet of the Yellowstone River which is considered waters of the United States. This notice is to inform interested parties of the proposed activity and to solicit comments. This notice may also be viewed at the Corps web site at: http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana/PublicNotices.aspx AUTHORITY: This application is being evaluated under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. APPLICANT: Roger Lothspeich Vision Enterprises 2323 South Haynes Miles City, Montana 59301 LOCATION: The approximately 0.25-acre project site is located on Yellowstone River, within Section 1, Township 6 N, Range 44 E, Latitude 46.303462°, Longitude -106.1549448°, Rosebud County, Montana. There is approximately 580 linear feet of the Yellowstone River within the project area. PROJECT DESCRIPTION: The project will involve the construction of 580 linear feet of vegetated riprap revetment along the east bank of the Yellowstone River. A cutoff rock key with an approximated 10-foot width and 3-foot depth will be installed at the upstream and downstream ends of the revetment. For scour protection, rock will be keyed in approximately 3 feet below the channel bed elevation with a minimum of a 3-foot width (3' by 3' rock toe). The rock revetment will be sloped at a 2H:1V and will have a 3-foot thickness from the bank toe to

U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

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the 2-year water surface elevation, infilled with a 50/50 mixture of streambed material and topsoil with willows placed in the revetment. One soil lift that will be approximately 1.5 feet in height will be installed at the top of the rock revetment and covered with a Koirmat and will be sloped at a 3H:1V slope and revegetated with an approved seed mix (Fig 1). The applicant's preferred alternative would result in 580 linear feet of permanent impacts to the Yellowstone River's bank. The attached drawings provide additional project details. ADDITIONAL INFORMATION: Alternatives. The applicant has provided information concerning the following project alternatives: Alternative 1: No action. Would allow the river to continue to move east resulting in continued loss of agricultural land. Alternative 2: Move infrastructure: This would involve shortening the wheel line and taking acres of land out of production. Alternative 3: Bend Way Weirs: The configuration of the river at this location does not readily lend itself to a bend way weir application for bank protection. Installation of bend way weirs at this location would likely necessitate disturbance of an additional length of bank to be effective. Alternative 4: Vegetated riprap revetment: Involves the construction of a vegetated riprap revetment along 580 linear feet along the east bank of the Yellowstone River. A cutoff rock key with an approximated 10-foot width and 3-foot depth will be installed at the upstream and downstream ends of the revetment. For scour protection, rock will be keyed in approximately 3 feet below the channel bed elevation with a minimum of a 3-foot width (3' by 3' rock toe). The rock revetment will be sloped at a 2H:1V and will have a 3-foot thickness from the bank toe to the 2-year water surface elevation infilled with a 50/50 mixture of streambed material and topsoil with willows placed in the revetment. One soil lift that will be approximately 1.5 feet in height will be installed at the top of the rock revetment and covered with a Koirmat and will be sloped at a 3H:1V slope and revegetated with an approved seed mix. (fig 1) Mitigation: Mitigation is proposed in the form of permittee-responsible mitigation. The mitigation will involve placing a 3-acre area adjacent to the location to be impacted into a deed restriction. In addition the area will be placed into a weed management plan and a fence or barrier will be installed to exclude livestock, removing the area from any type of grazing (see fig 2). OTHER GOVERNMENTAL AUTHORIZATIONS: The Montana Department of Environmental Quality, 1520 East 6th Avenue, Post Office Box 200901, Helena, Montana 59620-0901 will review the proposed project with the intent to certify in accordance with the provisions of Section 401 of the Clean Water Act. The certification, if issued, will express the State's opinion that the operations undertaken by the applicant will not result in a violation of applicable water quality standards. The Montana Department of Environmental Quality hereby incorporates this public notice as its own public notice and procedures by reference thereto. HISTORIC PROPERTIES: The Corps is the lead federal agency for determining compliance with Section 106 of the National Historic Preservation Act for this project and has completed a U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

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cultural resource review of the project site in conjunction with their obligations under Section 106 and the National Environmental Policy Act. The Omaha District's initial review, based on currently available information, indicates there are no recorded properties within the permit area. The Corps has not determined effects to properties eligible for listing on the National Register of Historic Properties. ENDANGERED SPECIES: The proposed activity will not affect Federally-listed endangered or threatened species or their critical habitat. The above determinations are based on information provided by the applicant and our preliminary review. EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described 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 described activity, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among 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, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230). COMMENTS: 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. All public notice comments will be considered public information and will be subject to review by the applicant. The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. Any person may request, in writing and within the comment period specified in this notice, that a public hearing be held for the purpose of gathering additional information. Requests for public hearings must be identified as such and shall state specifically the reasons for holding a public hearing and what additional information would be obtained. The request must be submitted to the U.S. Army Corps of Engineers, at Helena Regulatory Office, 10 West 15 Street, Suite 2200, Helena, Montana 59626. If it is decided that additional information is required and that a public hearing should be held, interested parties will be notified of the date, time and location. Any interested party (particularly officials of any town, city, county, state, or Federal agency; Indian tribe; or local association whose interests may be affected by the work) is invited to submit

U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

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to this office written facts, arguments, or objections on or before the expiration date listed on the front of this notice. Any agency or individual having an objection to the work should specifically identify it as an objection with clear and specific reasons. Comments, both favorable and unfavorable, will be accepted, made a part of the record and will receive full consideration in subsequent actions on this application. All replies to the public notice should be addressed to Timothy McNew at Helena Regulatory Office 10 West 15 Street, Suite 2200 Helena, Montana 59626, by email at Timothy.M.McNew@usace.army.mil, or telephone at (406) 441-1375. Please refer to identification number NWO-2012-02901-MTB in any correspondence concerning this project. Comments postmarked after the expiration date of this public notice, or received by fax or e-mail after the expiration date, will not be considered. Comments left on our voicemail system will not be considered. Attachments: 2 drawings

U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

Fig 1: Plan set for construction detail

U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

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Fig 2: Location of the proposed impact area and mitigation site

U.S. ARMY CORPS OF ENGINEERS ­ OMAHA DISTRICT http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx

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