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STATE - Indiana;

APPLICANT - Indiana University;

PROJECT PROPOSAL - To repair the stream banks, reduce erosion, and increase accessibility.

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 University 1800 N. Range Road Bloomington, Indiana 47408

AGENT: Williams Creek Consulting 619 N Pennsylvania Street Indianapolis, Indiana 46204

LOCATION: The Jordan River and unnamed tributaries to the Jordan River on Indiana University’s campus immediately south of East 7th Street between Indiana Avenue and Jordan Avenue in Bloomington, Monroe County, Indiana.

Latitude: 39.168026 N Longitude: -86.524941 W 7.5 Minute Quad: Bloomington, Indiana

PURPOSE: To repair the stream banks, reduce erosion, and increase accessibility.

DESCRIPTION OF WORK: The applicant requests authorization to impact 3,080 linear feet of perennial streams, including the Jordan River and unnamed perennial tributaries to the Jordan River, 230 linear feet of an unnamed intermittent stream, and 40 linear feet of an unnamed ephemeral stream. The proposed work includes the discharge of dredged or fill material below the Ordinary High Water Mark (OHWM) of the Jordan River and its tributaries to perform improvements/restoration. Currently, the streams have failing stone walls, erosion behind stone walls, sediment deposition, erosion under root wads, old or inadequate outfalls, and exposed utilities. The activities proposed include bedrock exposure, outfall structure maintenance, utility line relocation, flowline restoration, point bar excavation, exposed root stabilization, stonewall removal/addition, tree and stump removal, and weir installation.

AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant has limited the proposed improvement/restoration activities to areas where erosion issues, and health and safety concerns occur, and where improved long-term aesthetics are desirable. Impacts to in-stream habitat would be minimized by best management practices such as the use of silt fences, geotextile fabric, erosion control blankets, inlet protection, rock toe protection, and immediate seeding after construction. The applicant has not proposed mitigation for the project impacts.

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 N. 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. Based on available information, 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, and therefore, initiation of formal consultation procedures with the U.S. Fish and Wildlife Service is not planned at this time. 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 applicant has conducted an archaeological survey of the project area and the report is currently under review by the Corps. The Corps will coordinate its determination of effect with the Indiana Department of Historic Preservation and Archaeology and other consulting parties in accordance with Section 106 of the National Historic Preservation Act. 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 in the right hand corner of this page. All comments regarding this proposal should be addressed to Kimberly J. Simpson, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-2017-00798. 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-2017-00798. Example: Subject: LRL-2017-00798 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 ahard copy (CD or paper) to the Corps’ physical address as well.

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