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STATE - Kentucky;

APPLICANT - The Northern Kentucky University-Center for Environmental Restoration;

PROJECT PROPOSAL - To provide aquatic habitat re-establishment and rehabilitation.

This notice describes an application submitted for a Department of the Army (DA) Permit, subject to Section 404 of the Clean Water Act. The project is being considered for authorization in accordance with 33 CFR 325.2(b) (2) and the procedures outlined in the “Letter of Permission for New Mitigation Projects Associated with Approved Compensatory Mitigation Banking and In-Lieu Fee Instruments”, I.D. No. LRL-2010-323.

SPONSOR: The Northern Kentucky University-Center for Environmental Restoration In Lieu Fee Program 15 Clearview Drive Highland Heights, Kentucky 41076

LOCATION: On an unnamed tributary to Allen Fork (AF1) and on South Branch (SB) of Allen Fork (intermittent streams), and on the following perennial streams: unnamed tributary to Allen Fork (AF2), the North (NB) and Central (CB) Branches of Allen Fork and Allen Fork (AF), Boone County, Kentucky. Latitude: 39.014052 N Longitude: - 84.423998W 7.5 Minute Quad: Newport PURPOSE: To provide aquatic habitat re-establishment and rehabilitation.

DESCRIPTION OF WORK: The Darlington Farm Stream Restoration Project would re-establish 790 linear feet of perennial and intermittent streams (AF, AF2, AF1) and rehabilitate 420 linear feet of perennial and intermittent streams (AF, NB, CB, SB). The project is within the NKU-CER Core Service Area.

The unnamed intermittent stream (AF1), the unnamed perennial stream (AF2), South (SB), Central (CB) and North (NB) Branches are tributary to Allen Fork. Red Oak, Caney and Eagle Creeks, and the Kentucky River flow perennially. The Kentucky River is a Traditionally Navigable Water.

The project would result in an estimated net gain of approximately 7,500 Adjusted Mitigation Units. The project area, including a 150-foot buffer surrounding all streams, would be permanently protected through implementation of conservation deed restrictions on an approximately 600-acre site owned by the Sponsor.

In a letter dated August 17, 2017 the Kentucky State Historic Preservation Officer concurred with the Corp’s determination that the project, as proposed, would have “no adverse effect” to historic properties, contingent upon avoidance of one site.

In a letter dated July 21, 2017, the U.S. Fish and Wildlife Service (USFWS) concurred with the Corps’ determination that the project, as proposed, “may affect - not likely to adversely affect” the gray (Myotis grisescens), Indiana (Myotis sodalis), and northern long-eared (Myotis septentrionalis) bats, rough clubshell (Pleurobema clava) and fanshell (Cyprogenia stegaria) mussels, and running buffalo clover (Trifolium stoloniferum). The USFWS letter also acknowledged the Corps’ “no effect” determination for Braun’s rockcress (Arabis perstellata).

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