response to incomplete section 401 water quality...

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February 21, 2020

Ramboll

8805 Governor's Hill Drive

Suite 164

Cincinnati, OH 45249

USA

T 513-697-2020

F 513-697-2040

https://ramboll.com

Mr. Matt Lamoureux

Ohio Environmental Protection Agency

Division of Surface Water

50 West Town Street, Suite 700

Columbus, Ohio 43216-1049

Response to Incomplete Section 401

Water Quality Certification Application

Shaker Run Planned Unit Development

Turtle Creek Township, Warren County, Ohio

File: 15274/63316

Ohio EPA ID No. 196626

Dear Matt:

O’Brien & Gere Engineers, Inc., a Ramboll company (Ramboll) presents to you our

response to the Ohio Environmental Protection Agency’s (Ohio EPA’s) Incomplete

Section 401 Water Quality Certification (WQC) comment letter dated January 22,

2020 for the proposed Shaker Run Planned Unit Development located in Turtle

Creek Township, Warren County, Ohio (the Site). On behalf of the applicant,

Grand Communities, LLC (Grand Communities), Ramboll is appreciates the

opportunity to provide the following responses to the comments made by the Ohio

EPA. Each response is proceeded by the specific information requested by the

Ohio EPA (in bold).

1. Please submit the Corps’ jurisdictional determination letter

Please find enclosed the Approved and Preliminary Jurisdictional Determination

letter, dated February 4, 2020 (Attachment 1).

2. Although not a completeness item, your mitigation is not in

accordance with the hierarchy specified in 33 C.F.R. 332.3.

As stated in the compensatory mitigation plan, compensatory mitigation for the

proposed impacts will be achieved through a combination approach of purchasing

wetland mitigation bank and stream in-lieu fee credits, as well as in-kind,

permittee-responsible stream restoration and enhancement activities.

Grand Communities has agreed to purchase 0.60 acre of wetland mitigation credit

from the Five Rivers Great Miami Wetland Mitigation Bank for the proposed 0.34

acre of wetland impact.

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Currently, stream mitigation bank credits are not available within the watershed; thus, Grand Communities

has agreed to purchase 1,287 LF of stream impacts from the Ohio In-Lieu Fee Program for the proposed

impacts to 2,785 LF of stream. The remaining stream mitigation will be compensated through restoration,

enhancement and preservation of on-site stream areas.

The on-site stream mitigation project will result in an ecological uplift to the immediate watershed by

restoring the on-site portions of a perennial stream and enhancing the associated riparian buffer within the

mitigation area. The proposed stream restoration activities will reduce the amount of excess bank erosion,

which will reduce the amount of sedimentation contributed to the local watershed. In addition, the bank

restoration activities will reconnect the stream with the adjacent floodplain, which will result in a higher

ecological connection between the stream and floodplain. Furthermore, the buffer enhancement activities

will result in the removal of invasive honeysuckle and the reestablishment of native trees and shrubs, which

will increase the upland buffer diversity as well as enhance the ascetics of the mitigation area.

Though the proposed permitted responsible mitigation does not necessarily follow the hierarchy specified in

33 C.F.R. 332.3, it is of Ramboll’s opinion that the proposed on-site stream restoration project will provide

an ecological uplift to the watershed by reducing the amount of excess bank erosion, reconnect the stream

to the adjacent floodplain and enhancing the associated upland buffer.

3. Provide a cost estimate for the off-site alternatives. Please also submit on-site

alternative drawings that clearly depict the limits of disturbance, the impacted water

resources, and unimpacted water resources.

The estimated cost for the three off-site alternatives, which includes the estimated cost of acquisition as

well as an estimated construction cost is as follows:

Off-site Alternative #1: ~$817 million

Off-Site Alternative #2: ~$18.4 million

Off-Site Alternative #3: ~$21.6 million

The requested updated on-site alternative drawings are enclosed as Attachments 2 and 3.

4. Submit the Corps’ public notice

The Corp issued the public notice (Corp ID LRH 2013-640-GMR) on January 29, 2020. Please find it

enclosed as Attachment 4.

5. Submit the correct application and review fee

The additional $200 of required application and review fees is enclosed.

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Closing

We greatly appreciate the opportunity to provide you with the request information. Please do not hesitate to

contact me at (513) 347-0141 or email [email protected] if I can be of further assistance.

Yours sincerely,

O’Brien & Gere Engineers, Inc.

Jamie VanDusen Scientist 3

1943864 - MIDWEST EAST Resources 056

D 513-472-0141

M 517-282-8575

[email protected]

Enclosures (4)

Attachment 1 – Approved and Preliminary Jurisdictional Determination Letter

Attachment 2 – Updated Minimum Degradation Alternative Plan

Attachment 3 – Updated Preferred Degradation Alternative Plan

Attachment 4 – Corps Public Notice

mailto:[email protected]

mailto:[email protected]

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ATTACHMENT 1

APPROVED AND PRELIMINARY JURISDICTIONAL DETERMINATION LETTER

DEPARTMENT OF THE ARMY HUNTINGTON DISTRICT, CORPS OF ENGINEERS

502 EIGHTH STREET HUNTINGTON, WEST VIRGINIA 25701-2070

REPLY TO ATTENTION OF

February 4, 2020

Regulatory Division North Branch LRH-2013-640-GMR-UNT Shaker Creek

APPROVED AND PRELIMINARY JURISDICTIONAL DETERMINATIONS

Mr. Dave Stroup Grand Communities, Ltd. 3940 Olympic Boulevard, Suite 100 Erlanger, Kentucky 41018

Dear Mr. Stroup:

I refer to the Grand Communities LLC Jurisdictional Waters Determination Report Shaker Run Planned Unit Development Turtle Creek Township, Warren County, Ohio dated September 24, 2019 and submitted on your behalf by O’Brien & Gere Engineers Inc., and received in this office on January 6, 2020. You have requested a preliminary jurisdictional determination (JD) for the potential jurisdictional aquatic resources and an approved JD for the potential non-jurisdictional features on the approximately 100-acre site located south of Greentree Road, west of State Route 741, north of State Route 31, and east of Union Road in Turtlecreek Township, Warren County, Ohio at approximately 39.449793 latitude, -84.299924 longitude. Your JD request has been assigned the following file number: LRH-2013-640-GMR-UNT Shaker Creek. Please reference this number on all future correspondence related to this JD request.

The United States Army Corps of Engineers’ (Corps) authority to regulate waters of the United States is based on the definitions and limits of jurisdiction contained in 33 CFR 328 and 33 CFR 329. Section 404 of the Clean Water Act (Section 404) requires a Department of the Army (DA) permit be obtained prior to discharging dredged and/or fill material into waters of the United States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 (Section 10) requires a DA permit be obtained for any work in, on, over or under a navigable water.

Preliminary Jurisdictional Determination

Based upon a review of the information provided, this office has determined 0.67 acre of eight (8) emergent wetlands (Wetlands A-E and G-I), 954 linear feet of two (2) ephemeral streams (Streams 6 and 8), 3,820 linear feet of four (4) intermittent streams (Streams 2-5), and 3,449 linear feet of one (1) perennial stream (Streams 1) are located within the 100-acre site. The aquatic resources identified above and on the enclosed preliminary JD form may be waters of the United States in accordance with the Regulatory Guidance Letter for JDs issued by the

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Corps on October 31, 2016 (Regulatory Guidance Letter No. 16-01). As indicated in the guidance, this preliminary JD is non-binding and cannot be appealed (33 CFR 331.2), and only provides a written indication that waters of the United States, including wetlands, may be present on-site. You have declined to exercise the option to obtain an approved JD in this instance and at this time for the above aquatic resources. However, for the purposes of the determination of impacts, compensatory mitigation, and other resource protection measures for activities that require authorization from this office, the above aquatic resources will be evaluated as if it is a water of the United States. Enclosed please find a signed copy of the preliminary JD for your records. Approved Jurisdictional Determination

Our December 2, 2008 headquarters guidance entitled Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States was followed in the final verification of Section 404 jurisdiction. Based on a review of the information provided and other information available to us,

Based on a review of the submitted information and other information available to us, it has

been determined that two (2) drainage swales, totaling approximately 234 linear feet, lack defined bed and bank features and an ordinary high water mark and are non-jurisdictional.

This jurisdictional verification is valid for a period of five (5) years from the date of this

letter unless new information warrants revision of the delineation prior to the expiration date. This letter contains an approved JD for the subject site within the approved JD boundary. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the Great Lakes and Ohio River Division Office at the following address:

Appeal Review Officer United States Army Corps of Engineers Great Lakes and Ohio River Division

550 Main Street, Room 10524 Cincinnati, Ohio 45202-3222

Phone: (513) 684-2699 Fax: (513) 684-2460

In order for an RFA to be accepted by the Corps, the Corps must determine that it is

complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by April 4, 2020. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this letter.

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A copy of this letter will be provided to your agent, Jamie VanDusen with O’Brien & Gere Engineers Inc. at 8805 Governor’s Hill Drive, Suite 164, Cincinnati, Ohio 45249. If you have any questions concerning the above, please contact Ms. Laurie Moore of the North Branch at 513-825-1901, by mail at the above address, or by email at [email protected].

Sincerely,

Andrew J. Wendt Regulatory Project Manager North Branch

Enclosures

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ATTACHMENT 2

UPDATED MINIMUM DEGRADATION ALTERNATIVE PLAN

WETLAND A

STREAM 2

WETLAND B

WETLAND D

WETLAND E

WETLAND C

WETLAND H

WETLAND I

WETLAND G

STREAM 1

STREAM 3

STREAM 4

SWALE 9

STREAM 8

STREAM 5

STREAM 6

SWALE 7

CULVERT

CULVERT

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O'BRIEN & GERE ENGINEERS, INC.

FEBRUARY 2020

FILE NO. 15274.63316-001

ATTACHMENT 2

ALTERNATIVE

MINIMUM DEGRADATION

WARREN COUNTY, OHIO

TURTLE CREEK TWP.

SHAKER RUN DEVELOPMENT

PROPOSED

0350' 350'

LEGEND

PROPERTY BOUNDARY

WETLAND

POND

WOTUS IMPACT

STREAM

LOW QUALITY STREAM 5

(APPROX. 1,406 LF)

SWALE

CULVERT

LIMITS OF DISTURBANCE

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ATTACHMENT 3

UPDATED PREFERRED DEGRADATION ALTERNATIVE PLAN

WETLAND A

STREAM 2

WETLAND B

WETLAND D

WETLAND E

WETLAND C

WETLAND H

WETLAND I

WETLAND G

STREAM 1

STREAM 3

STREAM 4

SWALE 9

STREAM 8

STREAM 5

STREAM 6

SWALE 7

CULVERT

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O'BRIEN & GERE ENGINEERS, INC.

FEBRUARY 2020

FILE NO. 15274.63316-001

ATTACHMENT 3

ALTERNATIVE

PREFERRED DEGRADATION

WARREN COUNTY, OHIO

TURTLE CREEK TWP.

SHAKER RUN DEVELOPMENT

PROPOSED

0350' 350'

LEGEND

PROPERTY BOUNDARY

WETLAND

POND

WOTUS IMPACT

STREAM

LOW QUALITY STREAM 5

(APPROX. 1,406 LF)

SWALE

CULVERT

LIMITS OF DISTURBANCE

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ATTACHMENT 4 CORPS

PUBLIC NOTICE

Public Notices

LRH 2013-640-GMRPublished Jan. 29, 2020

TO WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army (DA) Permit

under the provisions of Section 404 of the Clean Water Act. This notice serves as the United States Army Corps of

Engineers’ (Corps) request to the Ohio Environmental Protection Agency (OEPA) to act on Section 401 Water Quality

Certification for the following application.

APPLICANT: Mr. Dave Stroup

Grand Communities, Ltd.

3940 Olympic Boulevard, Suite 100

Erlanger, Kentucky 41018

LOCATION: As depicted on the attached “Site Location Map” (Sheet 1 of 7), the proposed project would be located within the

watershed of an unnamed tributary of Shaker Creek (Latitude 39.449793, Longitude -84.299924), south of Greentree Road,

west of State Route 741, north of State Route 31, and east of Union Road in Turtlecreek Township, Warren County, Ohio.

Shaker Creek is a perennial stream and an indirect tributary to the Great Miami River, a navigable water of the United

States.

PROJECT HISTORY: On February 28, 2005, the Corps-Louisville District authorized Shaker Land Development, LLC to

discharge dredged and/or fill material into 141 linear feet (0.006 acre) of intermittent stream in conjunction with Phase 1 (See

Sheet 2 of 7) of the Shaker Run residential development under the Nationwide Permit program described in the January 15,

2002 Federal Register, Final Notice of Issuance of Nationwide Permits (67 FR 2020). This project consisted of constructing

170 homes on approximately 55 acres. The original design of the development included two (2) independent construction

phases. Portions of the Phase I and II sites include the Shaker Run Golf Course and utility easements. On January 29, 2014,

the Corps-Huntington District issued a Public Notice in response to a request from Grand Communities, Ltd. to discharge

dredged and/or fill material into approximately 0.61 acre of wetlands and 2,442 linear feet of streams in association with the

construction of Phase II of the Shaker Run planned community development. The application was administratively withdrawn

on April 25, 2014. The previously authorized discharge of dredged and/or fill material into waters of the United States was

completed prior to the expiration of the aforementioned nationwide permits. Phase I of the residential development is nearing

completion and most lots have been developed.

DESCRIPTION OF PROPOSED WORK: The applicant has requested DA authorization to discharge dredged and/or fill

material into approximately 0.34 acre of wetlands and 2,785 linear feet (0.32 acre) of streams in association with the

construction of Phase II of the Shaker Run planned community development as shown on the attached Table 1. Public street

access to Phase II goes through Phase I. Phase II would have its own utilities separate from Phase I’s utilities. Cumulatively,

Phase I and Phase II would involve discharges of dredged and/or fill material into a total of 0.34 acre of wetlands and 2,926

linear feet (0.326 acre) of streams. The proposed 100 acre Phase II development would include 292 single family residential

lots, 270 multi-family units, roads and cul-de-sacs, landscaped areas integrated with the existing golf course layout, future

greenspace areas, and existing utility easements. Plans (See Sheet 3 of 7) of the proposal are attached to this notice.

ALTERNATIVES ANALYSIS: A total of approximately 0.34 acre of wetlands and 2,785 linear feet (0.32 acre) of streams

would be filled as a result of the proposal. The project does not require access or proximity to, or siting within, the wetlands to

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1/29/2020https://www.lrh.usace.army.mil/DesktopModules/ArticleCS/Print.aspx?PortalId=38&Mod...

fulfill its basic purpose and is considered a non-water dependent activity. The Section 404(b)(1) Guidelines state that for non-

water dependent activities, practicable alternatives that do not involve 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 fill material. The applicant has submitted the required 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 our review of the alternatives 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 United States, consideration must

be given to avoiding impacts on these sites. If waters of the United States cannot be avoided, impacts must be minimized.

As indicated on the attached Table 2, a total of approximately 0.67 acre of eight (8) wetlands (Wetlands A-E and G-H), 8,223

linear feet of seven (7) streams (Streams 1-6 and 8) and 1.24 acres of one (1) open water pond were identified on the

approximate 100 acre property. See Sheet 4 of 7 depicts the locations of the on-site aquatic resources.

Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed development

project. The applicant’s preferred development alternative design would involve the discharge of dredged and/or fill material

into 0.34 acre of six (6) wetlands (51% of the on-site wetlands) and 3,442 linear feet of five (5) streams (42% of the on-site

streams). Under the applicant’s minimum degradation alternative (the proposed action), the applicant redesigned its project

footprint, reduced the available lots by 8% (587 to 562), and reduced streams impacts to 2,785 linear feet of intermittent and

ephemeral streams (Streams 4, 5, 6, and 8) as shown on the attached Table 1. Therefore, as indicated on the attached Table

2, approximately 0.33 acre (49% of the on-site wetlands) of wetlands, 5,438 linear feet (66% of the on-site streams) of

streams and 1.24 acres of open water pond (100%) would be avoided by the proposed project.

The proposed development would be integrated around the existing fairways and open water ponds on-site. All avoided

waters of the United States on-site would be clearly demarcated with highly visible material to protect these resources from

inadvertent impacts beyond those which are proposed to be authorized. This material would be maintained throughout

construction. Construction activities would be performed during low flow or no flow conditions. Stormwater management

planning would incorporate best management practices and other techniques necessary to maintain compliance with the

Federal Water Pollution Control Act and Ohio Water Pollution Control Act. Construction activities would be performed in a

phased approach to allow for continued operations and would be conducted during low flow conditions. Stormwater

management and erosion control systems would be implemented during construction, including but not limited to, silt fences,

mulch and/or earthen berms, temporary seeding, hay bales, inlet protection, temporary collection basins, diversion ditches,

and construction entrances. All disturbed areas would be seeded and/or revegetated with native plant species and native

seed mixes after completion of construction activities.

COMPENSATORY MITIGATION PLAN (CMP): To compensate for the proposed losses of waters of the United States

associated with the proposed development, the applicant proposes to: purchase 0.60 acre of wetland mitigation credits from

a Federally-approved wetland mitigation bank (Great Miami Wetland Mitigation Bank); purchase 1,287 linear feet of stream

mitigation credits from a Federally-approved stream mitigation bank or In-lieu Fee (ILF) program (The Nature Conservancy

ILF); restore and enhance 2,579 linear feet of degraded stream (Stream 1); and enhance a total of 2,443 linear feet of stream

riparian (Streams 1, 2 and 3) and 275 linear feet (0.21 acre) of wetland buffer on-site. Restoration efforts would include the

following activities:

• stabilizing the toes of the slopes;

• regrading existing banks to a minimum slope of 2:1;

• constructing a floodplain bench;

• installing rock vanes or similar in-stream habitat structures to divert erosive force associated with the thalweg away from

the toe-of-slopes; and

• re-vegetating the banks and riparian areas using erosion control matting, native seed mixes, and live stake species.

Enhancement efforts would include removing invasive plant species and revegetating native plant species within the streams’

riparian areas. Existing, desirable tree and shrub species would be preserved. The riparian buffer widths would average 50

feet and would include both sides of each stream. The restored and enhanced streams and their associated riparian buffers

would be protected in perpetuity through a conservation easement. Sheets 5-7 of 7 depicts the locations of the on-site

mitigation areas. The applicant’s CMP is currently under review. A complete copy of the applicant’s CMP can be reviewed by

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appointment at the above address. After review of all the submitted information, the Corps will make a determination of

appropriate compensatory mitigation in the event a decision is made to issue a DA authorization.

WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification may be required for this project. It is the

applicant’s responsibility to obtain certification from the OEPA.

HISTORIC AND CULTURAL RESOURCES: The National Register of Historic Places (NRHP) has been consulted and it has

been determined that there are no properties currently listed on the NRHP that would be indirectly or directly affected by the

proposed work. No structures are on-site or in the immediate vicinity except a golf course clubhouse. Prior to the

development of the site as the Shaker Run Golf Course, the Union Village Shaker community, established in 1805, used the

site for farmland and pasture. In July of 2014, a Phase I archaeological survey titled An Archaeological Survey of the Shaker

Run Development in Turtle Creek Township, Warren County, Ohio, was completed by the applicant for the proposed project

area and coordinated with the Ohio State Historic Preservation Office (SHPO). During the survey, ten (10) previously

unrecorded archaeological sites were identified and determined to be ineligible for inclusion in the NRHP. Furthermore, by

letter dated September 22, 2014 (Reference No. 2014-WAR-26971-2), the Ohio SHPO concurred and stated that the project

will not affect historic properties and no further coordination is required unless the project changes or additional archaeological

remains are discovered during the course of the project. Therefore, based on the provided information, the Corps has

determined that no historic properties listed on, or eligible for listing on, the NRHP would be affected by the proposed

development activities. A copy of this public notice will be furnished to Ohio SHPO for their review and response. Comments

concerning archaeological sensitivity of the project area should be based on collected data.

THREATENED AND ENDANGERED SPECIES: The proposed project is located within the known or historic range of the

endangered Indiana bat (Myotis sodalis), the threatened northern long-eared bat (Myotis septentrionalis), the endangered

running buffalo clover (Trifolium stoloniferum), the endangered rayed bean mussel (Villosa fabalis) and the threatened eastern

massasauga (Sistrurus catenatus). The Corps has consulted the most recently available information and information provided

by the applicant to make an effect determination.

The proposed project site contains active agricultural land (~30%), active golf course/mowed grass areas (~20%), multiple

headwater streams, a pond, wetlands and some forested areas. Two (2) maintained utility corridors (~10%) cross through the

middle of the site and intersect near the center. The on-site streams, wetlands and some forest areas, comprising

approximately ~40% of the site, may provide foraging areas. However, most of the wetlands and streams occurring on the

site are either densely vegetated with shrubs or mowed completely and do not provide good flight corridors or use for

foraging. The forested areas, consisting of American elm, hickory, honey locust and maple ranging from 10 to 20 inches in

diameter at breast height, may provide roosting habitat for the Indiana bat and the northern long-eared bat. The interior of the

woodlots have thick understories dominated by honeysuckle, grape, and rose.

A bat mist-net survey was performed on the project site from August 12-14, 2019 to determine if endangered bats use the

project area for travel, foraging, or roosting. Mist-netting procedures used for the survey followed protocols approved by the

United States Fish and Wildlife Service (USFWS). No Indiana bats or northern long-eared bats were captured during the

mist-net survey efforts. The applicant submitted the results of the survey to the USFWS. On August 23, 2019, the USFWS

issued a letter (TAILS# 03E15000-2019-TA-1826) stating tree clearing associated with the project at any time of the year is

unlikely to result in adverse impacts to the Indiana bats or the northern long-eared bats and will not result in any unauthorized

incidental take of Indiana bats or the northern long-eared bats. The USFWS stated that no tree clearing should occur on the

site after March 31, 2024. As indicated above, approximately 0.33 acre (49%) of wetlands and 5,438 linear feet (66%) of

streams would be avoided by the proposed project. The applicant has indicated that trees would be preserved wherever

possible in order to maintain a forested setting for the new homes. Due to the applicant’s avoidance and minimization

measures, the Corps has determined that the proposed project would have no effect on either the Indiana bat or the northern

long-eared bat and a special condition would be added to any permit issued to ensure that no tree clearing would occur on the

site after March 31, 2024.

According to the USFWS, there are no known records of the running buffalo clover within five (5) miles of the project site.

Based on the existing site conditions, no suitable habitat for the running buffalo clover is present. Thus, the Corps has

determined that the proposed project would have no effect on running buffalo clover.

According to the USFWS, there are no known records of the rayed bean mussel within five (5) miles of the project site.

Streams 4 and 5 exhibit an intermittent flow regime and are dominated by gravel, sand and silt substrate. Streams 6 and 8

are dry ephemeral channels dominated by sand, silt and muck substrate. Streams 4, 5, 6 and 8 lack suitable habitat for the

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rayed bean mussel. The applicant would use best management practices as indicated above to minimize erosion and

sedimentation and to avoid impacts to downstream aquatic species. Thus, the Corps has determined that the proposed

project would have no effect on the rayed bean mussel.

The project site contains wetlands and lies in the range of the eastern massasauga rattlesnake. In 2014, a presence and

absence survey was conducted within the site and no eastern massasauga rattlesnakes were identified during the survey. In

a letter dated December 3, 2018 (TAILS# 03E15000-2013-TA-1234), the USFWS stated the survey remains valid and no

other actions are recommended for this species. Thus, the Corps has determined that the proposed project would have no

effect on the eastern massasauga rattlesnake.

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 a request to the USFWS for any additional 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 United States Environmental Protection Agency pursuant to Section 404(b) (1)

of the Clean Water Act (40 CFR part 230). The decision whether to issue a permit will be based on an evaluation of the

probable impacts, 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; among those factors 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 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:

United States Army Corps of Engineers

ATTN: CELRH-RD-N

Public Notice No. LRH-2013-640-GMR

502 Eighth Street

Page 4 of 9


Huntington, West Virginia 25701-2070.

Please note names and addresses of those who submit comments in response to this Public Notice become part of our

administrative record and, as such, may be 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 this Public Notice, please contact

Laurie Moore of the North Branch at (513) 825-1901 , by mail at the above address, or by email at:

[email protected].

Table 1: Summary of Proposed Discharges of Dredged and/or Fill material into Waters of the United States and

Compensatory Mitigation (MDA) at the Proposed Shaker Run Planned Unit Development Turtle Creek Township,

Warren County, Ohio

Water

ID

Size

(AC

or

LF)

Impact

(AC or

LF)

Average

Stream

Width

(ft)

Average

Stream

Impact

(AC)

Preserved

(AC or LF) %

AvoidedClassification

Habitat/Debit

Ratio

Compensatory

Mitigation off-

site

(AC or LF)

Wetland

A0.21 0 --- --- 0.21 100% Category 2

Non-forested/

2:10

Wetland

B0.1 0.1 --- --- 0 0% Category 1

Non-

forested/1.5:10.15

Wetland

C0.02 0 --- --- 0.02 100% Category 1

Non-

forested/1.5:10

Wetland

D0.11 0.08 --- --- 0.03 27% Category 1

Non-

forested/1.5:10.12

Wetland

E0.04 0.04 --- --- 0 0% Category 1

Non-

forested/1.5:10.06

Wetland

G0.08 0.01 --- --- 0.07 88% Category 1

Non-

forested/1.5:10.02

Wetland

H0.07 0.07 --- --- 0 0% Category 2

Non-forested/

2:10.14

Wetland

I0.04 0.04 --- --- 0 0% Category 1

Non-

forested/1.5:10.06

Total 0.67 0.34 --- --- 0.33 49% --- --- 0.55

Page 5 of 9


Stream

1

3,449 0 n/a n/a 3,449 100% Perennial

(RPW)

--- ---

Stream

2296 0 n/a n/a 296 100%

Intermittent

(RPW)--- ---

Stream

3117 0 n/a n/a 117 100%

Intermittent

(RPW)--- ---

Stream

4990 260 2 0.012 730 74%

Intermittent

(RPW)1.5:1 390

Stream

5

(higher

quality)

991 990 6 0.136 1 0%Intermittent

(RPW)2:1 1,980

Stream

5 (lower

quality)

1,381 783 6 0.108 598 43%Intermittent

(RPW)1.5:1 1,175

Stream

5

(culvert

reach)

45 45 6 0.006 0 0%Intermittent

(RPW)1:1 45

Stream

659 59 2 0.003 0 0%

Ephemeral

(non-RPW)1:1 59

Stream

8895 648 3.5 0.052 247 28%

Ephemeral

(non-RPW)1:1 648

Total 8,223 2,785 n/a 0.32 5,438 66% --- --- 4,297

Note:

Compensatory wetland mitigation to be provided using an off-site mitigation bank

Compensatory stream mitigation to be provided using combination of on-site (in-kind) restoration and enhancement

activities and off-site mitigation banking

Stream Habitat Debit Ratio using Guidelines for Stream Mitigation Banking and ILF Programs in Ohio Version 1.1 (2016)

ephemeral streams with sand/silt/muck/clay substrate 1:1

intermittent streams with sand/silt/muck/clay substrate = 1.5:1

intermittent streams with bedrock/boulder/cobble/gravel substrate = 2:1

warm water and warm water habitat equivalent = 2:1

Page 6 of 9


Table 2. Summary of Aquatic Resources at the Proposed Shaker Run Planned Unit

Development Turtle Creek Township, Warren County, Ohio

Stream

IDClassification

Stream

Length

(linear feet)

Coordinates

(latitude,

longitude)

HHEI Score

(Level 1

Assessment)

1 Perennial3,449

39.4533,

-84.3106

70 (Small

Drainage

Warmwater)

2 Intermittent

29639.4539,

-84.3091

42 (Small

Drainage

Warmwater)

3 Intermittent117

39.4536, -84.3096

22 (Ephemeral

Aquatic)

4 Intermittent990

39.4512,

-84.3098

26 (Ephemeral

Aquatic)

5 Intermittent

2,41739.4504, -84.3033

44/65 (Small

Drainage

Warmwater)

6 Ephemeral

5939.4506,

-84.3016

17 (Ephemeral

Aquatic)

8 Ephemeral 895 39.4500, -84.3060

29 (Ephemeral

Aquatic)

Page 7 of 9


Total Stream Footage (linear

feet)

8,223 l.f.

Wetland

IDAcreage

Wetland

Type

Coordinates

(latitude,

longitude)

Wetland Category

(ORAM)

A 0.21 PEM/SS1E 39.4539, -84.3089 Category 2

B 0.10 PEM/SS1E 39.4516,-84.3100 Category 1

C 0.02 PEM/SS1E39.4508,

-84.3085Category 1

D 0.11 PEM1E39.4516,

-84.3076Category 1

E 0.04 PEM1E39.4510,

-84.3072Category 1

G 0.08 PEM/SS1E39.4510,

-84.3013Category 1

H 0.07 PEM/SS1E39.4503,

-84.3068Category 2

I 0.04 PEM/SS1E39.4497,

-84.3079Category 1

Total

Acreage 0.67

Page 8 of 9


Related Story: LRH 218-640-GMR Attachments /Portals/38/Users/007/87/1287/2013-640-GMR attachments.pdf?ver=2020-01-29-095724-153

Page 9 of 9


response to incomplete section 401 water quality...

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