TO WHOM IT MAY CONCERN: The following application has been submitted to the United States Army Corps of Engineers’ (Corps) Huntington District for a Department of the Army (DA) Permit under the provisions of Section 404 of the Clean Water Act.
APPLICANT: Mr. Larry Kretzmann
Southwest Licking Community Water and Sewer District
8718 Gale Road
Hebron, Ohio 43025
LOCATION: As depicted on the attached Sheet 1 of 3 the proposed project would be located within the watershed of the Scioto River (Latitude 39.953859, Longitude -82.732721) west of Mink Street SW in Reynoldsburg, Licking County, Ohio. The waters on-site flow to Sycamore Creek, an indirect tributary to the Scioto River, a navigable water of the United States.
DESCRIPTION OF PROPOSED WORK: The applicant has requested a DA authorization to discharge dredged and/or fill material into 4.65 acres of one (1) forested wetland and 12 linear feet (0.002 acre) of one (1) perennial stream (Sycamore Creek) in conjunction with the construction of the proposed Wagram Wastewater Treatment Plant Project as depicted on the attached Sheet 2 of 3. The wastewater treatment plant (WWTP) would be constructed to provide sustained growth in the Southwest Licking Community Water and Sewer District (SWLCWSD) service area. The initial phase of the WWTP would treat average day flows of two (2) million gallons per day (MGD)/six (6) MGD peak flow. Through a phased approach, the WWTP would treat up to six (6) MGD on average/18 MGD peak flow.
ALTERNATIVES ANALYSIS: As a result of the proposal, fill material would be discharged into 4.65 acres of one (1) forested wetland and 12 linear feet (0.002 acre) of one (1) perennial stream (Sycamore Creek) as described above. The project does not require access or proximity to or siting within special aquatic sites to fulfill its basic purpose and is considered a non-water dependent activity. The Section 404(b)(1) Guidelines state for non-water dependent activities, practicable alternatives that do not involve special aquatic sites 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. No permit will be issued until our review of 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 United States, consideration must be given to avoiding impacts on these sites. If waters of the United States cannot be avoided, then the impacts must be minimized. A total of 7.24 acres of two (2) forested wetlands, 345 linear feet of one (1) perennial stream and 106 linear feet of one (1) intermittent stream is located within the proposed project area. The applicant has proposed to avoid 2.59 acres (35.8%) of two (2) forested wetlands, 333 linear feet (96.5%) of one (1) perennial stream, and 106 linear feet (100%) of one (1) intermittent stream. The applicant has avoided and minimized impacts to waters of the United States to the maximum extent practicable. Stormwater management planning would incorporate best management practices and water pollution controls necessary to maintain compliance with the Federal Water Pollution Control Act and Ohio Water Pollution Control Act. Stormwater management and erosion control systems would be implemented during construction. 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 loss of waters of the United States associated with the proposed project, the applicant proposes to purchase 12 acres of forested wetland mitigation credits and 24 stream credits from a federally approved mitigation bank or in-lieu fee program. The applicant’s CMP is currently under review. After review of all the submitted information, the Corps will make a determination of the appropriate compensatory mitigation in the event a decision is made to issue a DA authorization.
WATER QUALITY CERTIFICATION: The applicant must obtain a Section 401 Water Quality Certification (WQC) from the Ohio Environmental Protection Agency assuring that applicable laws and regulations pertaining to water quality are not violated. A DA permit, if otherwise warranted, would not be issued for this project until the Section 401 WQC has been issued or waived and the 401(a)(2) process, if required, as described in the “Clean Water Act Section 401 Certification Rule” (Rule, 85 Federal Register 42,210 [July 13, 2020]) has been completed.
HISTORIC AND CULTURAL RESOURCES: The Corps is mandated by the National Historic Preservation Act (NHPA) to ensure no federal undertaking, including a Corps’ permit action, which may affect historic resources, is commenced before the impacts of such action are considered and the Advisory Council on Historic Preservation and the State Historic Preservation Office (SHPO) are provided an opportunity to comment as required by the NHPA, 36 CFR 800, and 33 CFR 325, Appendix C. A desktop review for the Wagram Wastewater Treatment Plant Project was completed by AECOM on behalf of the applicant. The review failed to identify resources within or immediately adjacent to the permit area that have been listed or that have been determined to be eligible for inclusion on the National Register of Historic Places. Therefore, the Corps has determined no historic properties would be affected by the proposed undertaking. 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. No DA permit will be issued until all obligations under Section 106 of the National Historic Preservation Act of 1966 have been fulfilled.
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), and the proposed endangered tri-colored bat (Perimyotis subflavus). The proposed project area is comprised of forested areas, 7.24 acres of two (2) forested wetlands, 345 linear feet of one (1) perennial stream, and 106 linear feet of one (1) intermittent stream. The proposed project area could provide potential habitat for the Indiana bat, the northern long-eared bat, and the tri-colored bat. The applicant has agreed to conduct tree clearing operations associated with the proposed project prior to April 1 and after September 30, as recommended by the United States Fish and Wildlife Service (USFWS), to minimize effects on the Indiana bat, the northern long-eared bat, and the tri-colored bat. Additionally, the USFWS recommended that the applicant perform a summer survey to determine the presence or absence of the Indiana bat. The applicant has determined that conducting a summer survey would cause a significant delay to the project schedule and has decided to assume the presence of the Indiana bat. The applicant proposes mitigating for the loss of 12.6 acres of forested habitat by purchasing 18.9 credits from the Magnolia Ohio’s Clermont County Conservation Bank, a USFWS approved Conservation Bank, to compensate for impacts to forested habitat. The Corps has determined the proposed project may affect, but is not likely adversely affect the Indiana bat, the northern long-eared bat, or the tri-colored bat. This Public Notice serves as a request for concurrence from the USFWS for the aforementioned effect determinations and 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). No DA permit will be issued until the Corps has verified that all obligations under Section 7 of the Endangered Species Act have been fulfilled.
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 the protection and the 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: Comments should be submitted electronically to Mr. Zack Abbott by email at jonathan.z.abbott@usace.army.mil. If you do not have internet access, comments may be submitted through the U.S. Postal Service (USPS) to the following address:
United States Army Corps of Engineers, Huntington District
ATTN: CELRH-RDN Public Notice: LRH-2022-689-SCR
502 Eighth Street
Huntington, West Virginia 25701-2070
Copies should only be provided through the USPS when electronic transmission is not possible. Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to process and receive hard copy submissions. To be considered in our evaluation, comments submitted through the USPS should have a postmark dated on, or prior to, the close of the comment period listed on page one (1) of this Public Notice.
Please note names, addresses, and comments submitted 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 Mr. Zack Abbott of the North Branch, at 304-399-5336, by mail at the above address, or by email at jonathan.z.abbott@usace.army.mil.