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HomeMy WebLinkAboutUS Army Corps of Engineers - Public Notice ,., , PUBLIC NOTICE US Army Corps Application No: NWO- 2011 - 02145 -MTB of Engineers ® Applicant: City of Laurel Omaha District Waterway: Yellowstone River Issue Date: January 23, 2012 Expiration Date: February 13, 2012 21 DAY NOTICE Billings Regulatory Office Post Office Box 2256 Billings, Montana 59103 JOINT PUBLIC NOTICE FOR PERMIT APPLICATION SUBMITTED TO U.S. ARMY CORPS OF ENGINEERS AND MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY The application of the City of Laurel, for approval of plans and issuance of a permit under authority of the Secretary of the Army is being considered by the District Engineer, U.S. Army Corps of Engineers, Omaha, Nebraska. The project described herein is not being proposed by the Corps, but by the applicant; the Corps will evaluate the proposed work to determine if it is permittable under current laws and regulations. Description of Proposed Project: The applicant is proposing to reconstruct and stabilize approximately 715 linear feet of river bank extending from the existing Highway 212 Bridge southern abutment to downstream of the former boat ramp. . The bank will be reconstructed with a 1.5:1 slope, and top of bank elevations will be approximately 2 -3 feet above base flood elevations. The riprap toe will be constructed approximately 45 feet into the new channel at the upstream end where erosion was most severe. The top of the streambank will be constructed between the current bank location and the pre -flood bank location. Willow stakes will be planted into the riprap to establish riparian vegetation along the bank line. Approximately 5,625 cubic yards (cy) of fill will be used to reconstruct the riverbank. Approximately 7,420 cy of 36 -inch to 48 -inch diameter rock riprap will be used to stabilize the new bank. Approximately 450 cy of topsoil will be placed on the upper bank. Turf reinforcement mat, hydro seeding, and upland vegetation will be placed above the bankfull elevation. Sediment deposited beneath the adjacent railroad and highway bridges will be removed to improve hydraulic capacity. This excavated sediment will be used to rebuild the eroded streambank and bring the sub grade out to the proposed grade prior to placing riprap. Approximately 5,510 cy of material will be excavated under the north end of the bridges. A location map and project drawings are attached to this notice. A copy of this public notice with project plans is also available at http: / /www.nwo.usace. army .mil /html/od- rmtlpn/pn.html. Location: The proposed project is located in the S %2 of Section 15 and the N'' Y2 of Section 22, Township 2 South, Range 24, Yellowstone County, Montana. Mitigation: Compensatory stream mitigation is required to offset 1,363.9 stream debits of impact to the Yellowstone River. A mitigation plan has not yet been submitted. 401 Water Quality Certification: The Montana Department of Environmental Quality, 1520 East 6th Avenue, PO Box 200901, Helena, Montana 59620 -0901 will review the proposed project with the intent to certify in accordance with the provisions of Section 401 of the Clean Water Act. The certification, if issued, will express the State's opinion that the operations undertaken by the applicant will not result in a violation of applicable water quality standards. The Montana Department of Environmental Quality hereby incorporates this public notice as its own public notice and procedures by reference thereto. Cultural Resources: The Omaha District, as the lead federal agency for determining compliance with Section 106 of the National Historic Preservation Act, will consult with the Montana Historic Preservation Office, Federally recognized Indian Tribes, and other interested parties as appropriate. The Omaha District's initial review, based on currently available information, indicates there are no recorded properties within the permit area. It has been determined that the project has no potential to cause effects to properties listed, or eligible for listing, on the National Register of Historic Properties. If the SHPO or THPO should respond disagreeing with our no effect determination, we will then provide project information to a Corps archeologist and request their review and determination. Threatened / Endangered Species: In compliance with the Endangered Species Act, a preliminary determination has been made that the described work will not affect species designated as threatened or endangered, or adversely affect critical habitat. In order to complete our evaluation of this activity, comments are solicited from the U.S. Fish and Wildlife Service and other interested agencies and individuals. Evaluation Factors: 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 benefits which reasonably may be expected to accrue from the proposed activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those 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. In addition, the evaluation of the impact of work on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act (40 C.F.R.; Part 230). Comments: 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. 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. All public notice comments will be considered public information and will be subject to review by the applicant. Any person may request, in writing and within the comment period specified in this notice, that a public hearing be held for the purpose of gathering additional information. Requests for public hearings must be identified as such and shall state specifically the reasons for holding a public hearing and what additional information would be obtained. The request must be submitted to the U.S. Army Corps of Engineers, 10 2 West 15th Street, Suite 2200, Helena, Montana 59626. If it is decided that additional information is required and that a public hearing should be held, interested parties will be notified of the date, time and location. Any interested party (particularly officials of any town, city, county, state, or Federal agency; Indian tribe; or local association whose interests may be affected by the work) is invited to submit to this office written facts, arguments, or objections on or before the expiration date listed on the front of this notice. Any agency or individual having an objection to the work should specifically identify it as an objection with clear and specific reasons. Comments, both favorable and unfavorable, will be accepted, made a part of the record and will receive full consideration in subsequent actions on this application. All replies to the public notice should be addressed to the U.S. Army Corps of Engineers, Post Office Box 2256, Billings, Montana 59103. Please reference the Application Number found on the first page of this notice in any correspondence. Shannon Johnson, telephone number (406) 657 -5910, may be contacted for additional information. You may also fax your comments to (406) 657 -5911, or email to: Shannon.L.Johnson @usace.army.mil Comments postmarked after the expiration date of this public notice will not be considered. Comments left on our voicemail system will not be considered. Statutory Authorities: A permit, if issued, will be under the provisions of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. 3 -."43113111. ' -6 1 i3 . • .7 .1 1..„ , . • 0 Z ° D .... ..1..... m ....i ..._ 1- w < tr 1 .p.t, 4. ' - . : ' 4 it• ...i 1 0 1 ' P .'' v,,0 .0/ 0 t ..... - N .;" sm. —J in 0 s al . . a w 95. - \ CI 511 'N \ t 1 . , 170 e , i I T- 1:3 •. osi.oso IR la S}SIO SI SW 1ft NWSWPW ii° I 4.? n . a ; 4011, St V. $ Qin SI W $ SM.* Rd kV. e i 0 Clsak R4 E 5 li 6 . 4 S SW Se W MOP SI W i f '',$. Z 1 Zt' ita 0Q 3$ v..., S 6413W ii) . — 7 < 0 0 Er 0 I „ 4 , 1, ,,, 11- -J 572.451V0 1 72nd etW 1 i i , ,, - , , I - ' 1 . • . : 1 (-- .= '„ 4 ,,,,.. 17, a - . .. , ir e- La 0 ... 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