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LRH-2023-476

Huntington District
Published Sept. 15, 2023
Expiration date: 10/15/2023

TO WHOM IT MAY CONCERN:  The intent of this Public Notice is to provide an opportunity for the federal, state and local agencies and officials, Indian Tribes and other interested parties to express their views on proposed adverse effects to historic properties associated with the proposed Lebanon Scenic Railway Bridge Replacement Project.

APPLICANT:           Scott Brunka

                                    City of Lebanon

                                    50 South Broadway Street

                                    Lebanon, Ohio 45036

LOCATION:  The proposed project is located southwest of the City of Lebanon railroad milepost 4.10, in Turtlecreek Township, Warren County, Ohio at approximately 39.41613 latitude, -84.24044 longitude (Sheet 1 of 2).

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a Department of the Army (DA) permit authorization for the proposed temporary discharge of dredged and/or fill material into waters of the United States in association with the Lebanon Scenic Railway Bridge Replacement Project.  The proposal would involve the construction of a new Bridge 4.10 over Turtle Creek. The applicant proposes the temporary discharge of dredged and/or fill material into 60 linear feet (0.25 acre) of Turtle Creek in the form of seven (7) 24-inch diameter conduits, and approximately 310 cubic yards of Type D rip rap with a #2 stone cap as a temporary causeway.  All work would be conducted in accordance with the drawings titled Bridge Replacement at MP 4.10 for the Lebanon Mason Monroe Railroad, (Sheets 1-10) and submitted with the application materials (Sheet 2 of 2).

LEAD FEDERAL AGENCY:  The United States Army Corps of Engineers (Corps) was determined to be the lead federal agency for this proposed undertaking, as the only federal action in association with this proposal is the requirement to obtain authorization under Section 404 of the Clean Water Act for the discharge of dredged and/or fill material into waters of the United States.  The proposal is under review for potential authorization under a Nationwide Permit (NWP) #3 as described in the December 27, 2021 Federal Register, Reissuance and Modification of NWPs (86 FR 73522) pursuant to Section 404 of the Clean Water Act.  

SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT:  The Corps is required 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 the opportunity to comment as required by the NHPA, 36 CFR Part 800, and 33 CFR Part 325, Appendix C. 

ARCHITECTURAL RESOURCE REVIEW: An Architectural Review for the Proposed Lebanon Scenic Railway Bridge in Lebanon, Warren County, Ohio (report) was completed by Architectural Research LLC on behalf of the applicant.  Based upon the findings in the submitted report, the project area contains Bridge 4.10 over Turtle Creek, a structure, according to the Ohio Department of Transportation’s Historic Bridge List, that was previously determined to be eligible for listing on the National Register of Historic Places under Criterion C. The Corps concurs with this determination.

The applicant understands that mitigation would be required for the adverse effect and a Memorandum of Agreement (MOA) would be required and made part of any DA authorization granted for the proposed project.  In order to compensate for adverse effects to the historic property, the MOA is currently being developed. This Public Notice serves to solicit input on potential mitigation activities to resolve the adverse effects to Bridge 4.10.

PUBLIC INTEREST:  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 proposed adverse effect on historic properties.  Should you wish to express your views on the undertaking’s effects on historic properties, or provide comments, objections or mitigation proposals associated with the proposed undertaking, or participate as a consulting party, please forward this information to our office prior to the close of the comment period of this Public Notice.

CLOSE OF COMMENT PERIOD:  Comments and requests for additional information should be submitted electronically to Luke Sadecky by email at luke.k.sadecky@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

                        ATTN: CELRH-RDN

                        Public Notice No. LRH-2023-476-LMR-Turtle Creek

                        502 8th Street

                        Huntington, West Virginia 25701-2070

Comments 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, the 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. If you have any questions concerning this public notice, please contact Luke Sadecky at (304) 399-6968, by mail at the above address, or by email at: luke.k.sadecky@usace.army.mil.

                                                                                          SPAGNA-RD-N

                                                                                          HATTEN-RD