A.03.09 Appendix E - Environmental Analysis.pdf

LRH DDR- 100%

Appendices

From: Ohio, FW3 To: Wilburn, Megan B CIV USARMY CELRH (US) Cc: Applegate, Jeromy Subject: [Non-DoD Source] Portsmouth Levee, Ohio River and Lawson"s Run - Scioto County Date: Tuesday, April 21, 2020 2:01:55 PM Attachments: pastedImagebase640.png pastedImagebase641.png

TAILS# 03E15000-2020-I-1258

Dear Ms. Wilburn, We have received your recent correspondence regarding the above-referenced project. You have requested concurrence with your determination of effects to federally listed species, pursuant to section 7(a)(2) of the Endangered Species Act of 1973, as amended (ESA).

The U.S. Fish and Wildlife Service (Service) has reviewed your project description and concurs with your determination that the project, as proposed, is not likely to adversely affect the federally listed endangered Indiana bat (Myotis sodalis) or threatened northern long-eared bat (Myotis septentrionalis). This is based on the commitment to cut all trees ≥3 inches dbh only between October 1 and March 31 to avoid adverse effects to the Indiana bat and northern long-eared bat.

This concludes consultation on this action as required by section 7(a)(2) of the ESA. Should, during the term of this action, additional information on listed or proposed species or their critical habitat become available, or if new information reveals effects of the action that were not previously considered, consultation with the Service should be reinitiated to assess whether the determinations are still valid.

If you have questions, or if we can be of further assistance in this matter, please contact our office at (614) 416-8993 or ohio@fws.gov.

Sincerely, Patrice Ashfield Ohio Field Office Supervisor mailto:ohio@fws.gov mailto:Megan.B.Wilburn@usace.army.mil mailto:jeromy_applegate@fws.gov mailto:ohio@fws.gov

LRH DDR- 100%

Appendices

NATIONWIDE PERMITS FOR THE STATE OF OHIO

CORPS OF ENGINEERS REGULATORY PROGRAM

REISSUANCE AND ISSUANCE OF NATIONWIDE PERMITS

WITH OHIO ENVIRONMENTAL PROTECTION AGENCY

401 WATER QUALITY CERTIFICATION

and

OHIO DEPARTMENT OF NATURAL RESOURCES CONSISTENCY

DETERMINATION UNDER THE COASTAL ZONE MANAGEMENT ACT

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published in the Federal Register (82 FR 1860) the final rule for the administration of its nationwide permit (NWP) program regulations under the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and the Marine Protection, Research and Sanctuaries Act. The rule became effective on March 19, 2017. These NWPs will expire on March 18, 2022.

An integral part of the Corps’ regulatory program is the concept of NWPs for minor activities. NWPs are activity specific and are designed to relieve some of the administrative burdens associated with permit processing for both the applicant and the Federal government.

The NWPs are issued by the Chief of Engineers and are intended to apply throughout the entire U.S. and its territories. The Corps Districts representing Ohio have imposed regional conditions on the NWPs that are applicable throughout the entire state. For convenience, all NWPs with the appropriate regional, general, and special conditions are attached.

The NWPs are not valid until the appropriate state agency certifies the discharge does not violate state water quality standards. The Ohio Environmental Protection Agency (OEPA) granted water quality certification and imposed general conditions on NWP 19, and specific conditions on NWP nos. 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 18, 20, 22, 23, 25, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 49, 51, and 53.

The OEPA denied water quality certification for NWP 17-Hydropower Projects, NWP

Public Notice

U S Army Corps of Engineers Huntington District Buffalo District Pittsburgh District

In reply refer to Public Notice No. Issuance Date: March 21, 2017

LRH-2016-00006-OH

Stream: Closing Date: March 18, 2022

N/A

Please address all comments and inquiries to:

U.S. Army Corps of Engineers, Huntington District

ATTN: CELRH-RD-N

502 8th Street Huntington, WV 25701-2070 Phone: (304) 399-5210

21- Surface Coal Mining Activities, NWP 44-Mining Activities, NWP 46-Discharges in Ditches (revoked for use in Ohio), NWP 48-Commercial Shellfish Aquaculture Activities, NWP 50- Underground Coal Mining Activities, and NWP 52-Water-Based Renewable Energy Generation Pilot Projects (revoked for use in Ohio). Discharges that are NOT included in OEPA’s certification of the NWPs must obtain either individual water quality certification or a waiver from:

Ohio Environmental Protection Agency Division of Surface Water PO Box 1049 Columbus, Ohio 43216-1049

(614) 644-2001

In addition, any state with a federally-approved Coastal Zone Management Act (CZMA) plan must agree with the Corps determination that the activities authorized by NWPs which are within, or will affect any land or water uses or natural resources of the state’s coastal zone, are consistent with the CZMA plan. The Ohio Department of Natural Resources (ODNR) concurred with the Corps Federal Consistency Determination on NWPs nos. 1, 2, 4, 5, 6, 8, 9, 10, 11, 16, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39, 40, 41, 42, 43, 45, 48, 49, 50, 51, and 53, and imposed specific conditions on NWP nos. 3, 7, 12, 13, 14, 15, 17, 18, 36, and 54.

Activities which are NOT included in ODNR’s concurrence of the NWPs must obtain a project specific CZMA consistency determination from:

Ohio Department of Natural Resources Office of Coastal Management 105 West Shoreline Drive Sandusky, Ohio 44870

(419) 626-7980

Some NWP activities may proceed without notifying the Corps, as long as those activities comply with all applicable terms and conditions of the NWPs, including regional conditions imposed by division engineers. A non-reporting NWP may become a reporting NWP (requires the submittal of a Pre-Construction Notification [PCN] to the Corps in accordance with NWP General Condition 32 and Regional General Condition 6) if the activity has the potential to affect a historic property (See NWP General Condition 20), federally-listed endangered or threatened species or their habitat (See NWP General Condition 18), waters of special concern (Regional General Condition 5), National Wild and Scenic Rivers (See NWP General Condition 16 and Regional General Condition 6(d)) or waters listed in Regional General Condition 4 during the in-water restriction periods established by the ODNR. Applicants must review the water quality certification general and NWP-specific terms and conditions and submit an application to the OEPA, at the address provided above, when an individual 401 Water Quality Certification is required.

Many of the proposed NWPs require advance notification (PCN) to the district engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects. The notification must be made in writing as early as possible prior to commencing the proposed activity. The notification procedures are located under NWP General Condition 32 and Regional General Condition 6. The notification to the Corps can be made concurrently with the request for individual state water quality certification, if required. The district engineer may require an individual permit for any activity determined to have more than minimal adverse environmental effects, individually or cumulatively, on the aquatic environment or would be contrary to the public interest.

The NWPs provide a simplified, expeditious means of project authorization under the various authorities of the Corps. We encourage prospective permit applicants to consider the advantages of NWP authorization during the preliminary design of their projects. Assistance and further information regarding all aspects of the Corps regulatory program may be obtained by contacting:

BUFFALO DISTRICT

Address: U.S. Army Corps of Engineers, Buffalo District 1776 Niagara Street Buffalo, New York 14207-3199 Phone: (716) 879-4330

HUNTINGTON DISTRICT

Address: U.S. Army Corps of Engineers, Huntington District 502 Eighth Street Huntington, West Virginia 25701-2070 Phone: (304) 399-5210

LOUISVILLE DISTRICT

Address: U.S. Army Corps of Engineers, Louisville District Post Office Box 59 Louisville, Kentucky 40201-0059 Phone: (502) 315-6733

PITTSBURGH DISTRICT

Address: U.S. Army Corps of Engineers, Pittsburgh District William S. Moorhead Federal Building 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222-4186 Phone: (412) 395-7155

Below is a map showing the district boundaries for the State of Ohio.

Navigable Limits of Major Section 10 Streams in Ohio (Due to the scale of this map, all Section 10 streams are not shown. Contact the proper District office for information.)

Huntington District Buffalo District Scioto River………….…….175.0 miles Portage River…………...12.0 miles Olentangy River……….……74.3 miles Maumee River…….To Ind. St. Line Hocking River………………79.0 miles Sandusky River………...96.0 miles Muskingum River…………112.5 miles Huron River…………….10.0 miles Walhonding River……………8.8 miles Cuyahoga River………....41.1 miles Tuscarawas River…… …...113.3 miles Grand River……………..91.6 miles Great Miami River………..117.0 miles Little Miami River………….90.7 miles Pittsburgh District E. Fk. Little Miami River……6.4 miles Little Beaver Creek……..15.7 miles Middle Fk. L. B. Creek…17.3 miles Louisville District North Fk. L. B. Creek…..14.3 miles Ohio River below MP 438 Mahoning River………...41.0 miles

Note: The Huntington District processes all highway projects where the Ohio Department of Transportation is the applicant.

Index of Nationwide Permits, Conditions, District Engineer’s Decision, Further Information, and Definitions

A. Special Note

B. Regional General Conditions (apply to all Nationwide Permits)

1. Bogs and/or Fens

2. Diverting Water from Great Lakes

3. Littoral Transport within Lake Erie

4. In-Water Exclusion Dates

5. Waters of Special Condition

a. Endangered Species and Threatened Species

b. Critical Resource Waters

c. Oak Openings

6. Pre-Construction Notification (PCN) submittals

a. Illustrations/Drawings

b. United States Fish and Wildlife

c. Cultural Resources

d. National Wild and Scenic Rivers

e. Agency Coordination

C. Nationwide Permits Terms and Specific Regional Conditions

1. Aids to Navigation

2. Structures in Artificial Canals

3. Maintenance

4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities

5. Scientific Measurement Devices

6. Survey Activities

7. Outfall Structures and Associated Intake Structures

8. Oil and Gas Structures on the Outer Continental Shelf

9. Structures in Fleeting and Anchorage Areas

10. Mooring Buoys

11. Temporary Recreational Structures

12. Utility Line Activities

13. Bank Stabilization

14. Linear Transportation Projects

15. U.S. Coast Guard Approved Bridges

16. Return Water From Upland Contained Disposal Areas

17. Hydropower Projects

18. Minor Discharges

19. Minor Dredging

20. Response Operations for Oil or Hazardous Substances

21. Surface Coal Mining Activities

22. Removal of Vessels

23. Approved Categorical Exclusions

24. Indian Tribe or State Administered Section 404 Programs

25. Structural Discharges

26. [Reserved]

27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities

28. Modifications of Existing Marinas

29. Residential Developments

30. Moist Soil Management for Wildlife

31. Maintenance of Existing Flood Control Facilities

32. Completed Enforcement Actions

33. Temporary Construction, Access, and Dewatering

34. Cranberry Production Activities

35. Maintenance Dredging of Existing Basins

36. Boat Ramps

37. Emergency Watershed Protection and Rehabilitation

38. Cleanup of Hazardous and Toxic Waste

39. Commercial and Institutional Developments

40. Agricultural Activities

41. Reshaping Existing Drainage Ditches

42. Recreational Facilities

43. Stormwater Management Facilities

44. Mining Activities

45. Repair of Uplands Damaged by Discrete Events

46. Discharges in Ditches

47. [Reserved]

48. Commercial Shellfish Aquaculture Activities

49. Coal Remining Activities

50. Underground Coal Mining Activities

51. Land-Based Renewable Energy Generation Facilities

52. Water-Based Renewable Energy Generation Pilot Projects

53. Removal of Low-Head Dams

54. Living Shorelines

D. Nationwide Permit General Conditions

1. Navigation

2. Aquatic Life Movements

3. Spawning Areas

4. Migratory Bird Breeding Areas

5. Shellfish Beds

6. Suitable Material

7. Water Supply Intakes

8. Adverse Effects from Impoundments

9. Management of Water Flows

10. Fills Within 100-Year Floodplains

11. Equipment

12. Soil Erosion and Sediment Controls

13. Removal of Temporary Fills

14. Proper Maintenance

15. Single and Complete Project

16. Wild and Scenic Rivers

17. Tribal Rights

18. Endangered Species

19. Migratory Bird and Bald and Golden Eagle Permits

20. Historic Properties

21. Discovery of Previously Unknown Remains and Artifacts

22. Designated Critical Resource Waters

23. Mitigation

24. Safety of Impoundment Structures

25. Water Quality

26. Coastal Zone Management

27. Regional and Case-by-Case Conditions

28. Use of Multiple Nationwide Permits

29. Transfer of Nationwide Permit Verifications

30. Compliance Certification

31. Activities Affecting Structures or Works Built by the United States

32. Pre-Construction Notification

E. District Engineer’s Decision

F. Further Information

G. General Limitations and Conditions for all OEPA 401 Certified Nationwide Permits

H. Definitions Best management practices (BMPs) Compensatory mitigation Currently serviceable Direct effects Discharge Ecological reference Enhancement Ephemeral stream Establishment (creation) High Tide Line Historic property Independent utility Indirect effects Intermittent stream Loss of waters of the United States Navigable waters Non-tidal wetland Open water Ordinary high water mark Perennial stream Practicable Pre-construction notification Preservation Protected tribal resources Re-establishment Rehabilitation Restoration Riffle and pool complex Riparian areas Shellfish seeding Single and complete linear project Single and complete non-linear project Stormwater management Stormwater management facilities Stream bed

Stream channelization Structure Tidal wetland Tribal lands Tribal rights Vegetated shallows Waterbody

A. Special Note. For NWPs that do not require pre-construction notification to the Corps, it is an applicant’s responsibility to review the Water Quality Certification general and NWP-specific terms and conditions and submit information to the OEPA as required by their water quality certification. Many high quality waters in Ohio require an individual 401 or authorization. A project that meets the terms and conditions of a NWP with no Pre-Construction Notification to the Corps is only valid when accompanied by a blanket or individual 401 Water Quality Certification from the OEPA. No work in waters of the United States may commence until the required 401 water quality certification (or waiver) has been obtained from the OEPA. For a map of waters where projects will be required to have an individual 401 or authorization from Ohio EPA for the NWP to be valid, please select the Nationwide Permit tab located at www.epa.ohio.gov/dsw/401/permitting.aspx or contact the OEPA at:

Ohio Environmental Protection Agency, Division of Surface Water Lazarus Government Center 50 West Town Street, Suite 700 Columbus, Ohio 43215

(614) 644-2001

B. Nationwide Permits Regional General Conditions (Applies to All Nationwide Permits):

1. Nationwide Permits shall not authorize any activity which negatively impacts bogs and/or fens.

2. No nationwide permit may be used in Lake Erie for purposes of diverting water from the Great Lakes.

3. Nationwide Permits shall not authorize any activity which has an adverse impact on littoral transport within Lake Erie.

4. In-Water Work Exclusion Dates: Any regulated work associated with a nationwide permit cannot take place during the restricted period of the following Ohio Department of Natural Resources (ODNR) In-Water Work Restrictions, unless the applicant receives advanced written approval from the ODNR and notifies the district engineer in accordance with Nationwide Permit General Condition 32 and Regional General Condition 6 and receives written approval from the Corps:

Location Restricted Period Percid streams a 3/15 - 6/30 Salmonid streams b 9/15 - 6/30 Other streams c 4/15 - 6/30

a. Great Miami River (dam south of New Baltimore to mouth), Hocking River (falls at White’s Mill to mouth), Little Miami River (dam at Waynesville to mouth), Maumee River (split dam at Grand Rapids to mouth), Maumee Bay, Muskingum River (Devola Dam No.2 north of Marietta to mouth), Ohio Brush Creek (S.R. 32 bridge to mouth), Ohio River (entire reach), Portage River (entire reach), Sandusky River (first dam to mouth), Sandusky Bay, Scioto River (S.R. 207 bridge north of Chillicothe to mouth), Toussaint River (entire reach).

b. Arcola Creek (entire reach), Ashtabula River (Hadlock Rd. to mouth), Ashtabula Harbor, Aurora Branch (Chagrin River (RM 0.38 to mouth)), Big Creek (Grand River (Girdled Road to mouth)), Black River (entire reach), Chagrin River (Chagrin Falls to mouth), Cold Creek (entire reach), Conneaut Creek (entire reach), Conneaut Harbor, Corporation Creek (Chagrin River (entire reach)), Cowles Creek (entire reach), Ellison Creek (Grand River (entire reach)), Euclid Creek (entire reach), Grand River (dam at Harpersfield Covered Bridge Park to mouth), Fairport Harbor, Gulley Brook (Chagrin River (entire reach)), Huron River (East Branch-West Branch confluence to mouth) Indian Creek (entire reach), Kellogg Creek (Grand River (entire reach)), Mill Creek (Grand River (entire reach)), Paine Creek (Grand River (Paine Falls to mouth)), Rocky River (East Branch-West Branch confluence to mouth), Smokey Run (Conneaut Creek (entire reach)), Turkey Creek (entire reach), Vermilion River (dam at Wakeman upstream of the US 20 & SR 60 bridge to mouth), Ward Creek (Chagrin River (entire reach)), Wheeler Creek (entire reach), Whitman Creek (entire reach).

c. Exceptional Warmwater Habitat, Cold Water Habitat, Warmwater Habitat, or streams with known occurrences of threatened and/or endangered (T&E) species. Includes Lake Erie & bays not listed above. Special conditions (such as occurrence of T &E species) may mandate local variation of restrictions.

Note 1: To determine the defined Aquatic Life Habitat designation for a stream and project segment, refer to: www.epa.ohio.gov/dsw/rules/3745_1.aspx

Note 2: This condition does not apply to Ohio Department of Transportation projects that are covered under the “Memorandum of Agreement Between The Ohio Department of Transportation, The Ohio Department of Natural Resources, and The United States Fish and Wildlife Service For Interagency Coordination For Projects Which Require Consultation Under the Endangered Species Act, Impact State Listed Species, and/or Modify Jurisdictional Waters 2016 Agreement Number: 19394”.

5. Waters of Special Concern: PCN in accordance with Nationwide Permit General Condition 32 and Regional General Condition 6 is required for regulated activities in the following resources:

a. Endangered Species and Threatened Species: Due to the potential presence of federally threatened or endangered species or their habitats, Notification in accordance with Nationwide Permit General Condition 32, Regional General Condition 6 and General Condition 18 is required for any regulated activity in jurisdictional waters of the United States in Ohio that includes:

• the removal of trees providing suitable roosting, foraging, or traveling habitat for the federally-listed endangered Indiana bat and the federally-listed threatened northern long-eared bat. Suitable roosting, foraging, and traveling habitat is defined as forests, woodlots, fencerows comprised of trees, riparian forests, or other wooded corridors containing live trees and/or snags ≥3 inches diameter at breast height (dbh). Individual trees may be considered suitable habitat when they are ≥3 inches diameter at breast height (dbh) and have any exfoliating bark, cracks, crevices, hollows and/or cavities and are located within 1,000 feet (305 meters) of other forested/wooded habitat; or

• regulated work in the waterway or township of the corresponding counties listed in

Appendix 1.

*Note 1: Applicants must ensure they are referencing the latest version of Appendix 1 by contacting their nearest Corps district office and visiting the online resources identified in General Condition 18(f) of these NWPs, since federally-listed species are continuously listed, proposed for listing, and/or de-listed.

*Note 2: As mentioned in General Condition 18-Endangered Species, Federal Agencies should follow their own procedures for complying with the requirements of the ESA. Federal applicants, including applicants that have received federal funding, must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.

*Note 3: Suitable summer habitat for the federally-listed endangered Indiana bat and the federally-listed threatened northern long-eared bat consists of a wide variety of forested/wooded habitats where they roost, forage, and travel and may also include some adjacent and interspersed non-forested habitats such as emergent wetlands and adjacent edges of agricultural fields, old fields and pastures. This includes forests and woodlots containing potential roosts (i.e., live trees and/or snags ≥3 inches diameter at breast height (dbh) that have any exfoliating bark, cracks, crevices, hollows and/or cavities), as well as linear features such as fencerows, riparian forests, and other wooded corridors. These wooded areas may be dense or loose aggregates of trees with variable amounts of canopy closure. Individual trees may be considered suitable habitat when they exhibit the characteristics of a potential roost tree and are located within 1,000 feet (305 meters) of other forested/wooded habitat.

*Note 4: Appendix 1 is not applicable to the federally-listed endangered Indiana bat and the federally-listed threatened northern long-eared bat as both of these mammal species are known to occur throughout the State of Ohio. Appendix 1 column 1 is specific to federally-listed endangered, threatened, or proposed federally-listed endangered or threatened aquatic species (i.e. mussels and fish). Appendix 1 column 2 is specific to federally-listed endangered, threatened, or proposed federally-listed endangered or threatened semi-aquatic and terrestrial species (i.e. insects, birds, reptiles, amphibians).

b. Critical Resource Waters:

• In Ohio, two areas have been designated critical habitat for the piping plover (Charadrius melodus) and are defined as lands 0.62 mile inland from normal high water line. Unit OH-1 extends from the mouth of Sawmill Creek to the western property boundary of Sheldon Marsh State Natural Area, Erie County, encompassing approximately 2.0 miles.

Unit OH-2 extends from the eastern boundary line of Headland Dunes Nature Preserve to the western boundary of the Nature Preserve and Headland Dunes State Park, Lake County, encompassing approximately 0.5 mile.

• In Ohio, three areas have been designated critical habitat for the rabbitsfoot mussel

(Quadrula cylindrica cylindrica). Unit RF26 includes 17.5 rkm (10.9 rmi) of the Walhonding River from the convergence of the Kokosing and Mohican Rivers downstream to Ohio Highway 60 near Warsaw, Coshocton County, Ohio. Unit RF27 includes 33.3 rkm (20.7 rmi) of Little Darby Creek from Ohio Highway 161 near Chuckery, Union County, Ohio, downstream to U.S. Highway 40 near West Jefferson, Madison County, Ohio. Unit RF29 includes 7.7 rkm (4.8 rmi) of Fish Creek from the Indiana and Ohio State line northwest of Edgerton, Ohio, downstream to its confluence with the St. Joseph’s River north of Edgerton, Williams County, Ohio.

• Old Woman Creek National Estuarine Research Preserve.

c. Oak Openings: Wetland activities conducted in the Oak Openings Region of Northwest

Ohio located in Lucas, Henry, and Fulton counties. For a map of the Oak Openings Region, visit http://metroparkstoledo.com/media/2340/oak-openings-metropark.pdf

6. PCN Submittals: In addition to the information required under Nationwide Permit General Condition 32, the following information must be provided with the PCN:

a. Illustrations/Drawings: The illustrations/drawings must clearly depict the project boundaries and include all elements and phases of the proposed work, latitude and longitude of the project site, and the county where the proposed work would occur. Three types of illustrations or drawings are required to properly depict the work proposed to be undertaken. These illustrations or drawings are identified as a Vicinity Map (i.e. a location map such as a USGS topographical map), a Plan View and a Typical Cross-Section. Each illustration or drawing should identify the project, the applicant, and the type of illustration (vicinity map, plan view or cross-section). In addition, each illustration or drawing should be identified with a figure or attachment number.

b. United States Fish & Wildlife Service (USFWS): Sufficient information must be provided in the PCN to determine the proposed activity's compliance with NWP General Condition 18. Prior to submitting PCN, it is recommended that the applicant contact the USFWS, Ohio Ecological Services Field Office by phone at (614) 416-8993, by e-mail at ohio@fws.gov, or by writing to 4625 Morse Road, Suite 104, Columbus, Ohio 43230. The USFWS can provide information to assist in complying with Nationwide Permit General Condition 18 pertaining to endangered species and Nationwide Permit General Condition 19 pertaining to migratory birds and bald and golden eagles. The USFWS can also provide project recommendations specific to Federal Candidate species. Federal Candidate species are those for which the USFWS has sufficient information to propose them as endangered or threatened under the Endangered Species Act, but for which a listing proposal is precluded by other higher priority listing activities. All relevant information obtained from the USFWS should be submitted with the Notification.

c. Cultural Resources: Sufficient information must be provided in the PCN to determine the proposed activity's compliance with NWP General Condition 20. The PCN should provide justified conclusions concerning whether or not the proposed activity could affect any historic properties listed, determined to be eligible, or which you have reason to believe may be eligible, for listing on the National Register of Historic Places (NRHP). This data will be used by the Corps to determine if the proposed activity has the potential to affect historic properties. Be advised that further effort may be required to take into account the effects the proposed activity may have on historic properties, as required by the National Historic Preservation Act of 1966. To ensure compliance with Nationwide Permit General Condition 20, the following basic project information is needed:

• A detailed description of the project site in its current condition (i.e. prior to construction activities) including information on the terrain and topography of the project site, the acreage of the project site, the proximity of the project site to major waterways, and any known disturbances within the project site. Photographs, keyed to mapping, are also needed which show the site conditions and all buildings or structures both within the project site and on adjacent parcels;

• A detailed description of past land uses in the project site. Particular attention should be given to past activities pertinent to the potential for historic properties to exist in the project area. Photographs and maps supporting past land uses should be provided as available;

• A detailed description of the construction activities proposed to take place on the project site and a comparison of how the site will look after completion of the project compared to how it looked before the project;

• Information regarding any past cultural resource studies or coordination pertinent to the project area, if available; and

• Any other data the applicant deems pertinent.

The applicant is encouraged to consult with the Ohio State Historic Preservation Office

(OSHPO) staff and professionals meeting the Professional Qualification Standards as set forth in the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (48 FR 44716) during this data gathering process. These professionals can assist with compiling the basic project information discussed above and should provide recommendations as to whether or not the proposed project has the potential to affect historic properties and if further effort is required or not required to identify historic properties or assess potential effects to historic properties. These professionals can also compile basic preliminary review information to submit to the district engineer. A preliminary resource review encompasses a search radius of two (2) miles, centered on the project area, and consists of the following resources:

• OSHPO United States Geological Survey (USGS) 7.5’ series topographic maps;

• Ohio Archaeological Inventory (OAI) files;

• Ohio Historic Inventory files (OHI);

• OSHPO Cultural Resources Management (CRM)/contract archaeology files;

• NRHP files including Historic Districts; and

• County atlases, histories and historic USGS 15’ series topographic map(s).

As an alternative to submitting the information described above, the applicant may choose to complete the OSHPO Section 106 Review Project Summary Form or request comments from the OSHPO and the District Engineer on specific requirements appropriate to the particular circumstances of the project. Similarly, the applicant may choose to hire someone meeting the Professional Qualification Standards as set forth in the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (48 FR 44716) to conduct what they recommend to be appropriate historic property identification efforts (e.g.

archaeological survey and/or historic structure inventories) to expedite the review process.

Be advised, undertaking identification efforts prior to consideration of the potential of the proposed activity to affect historic properties by the Corps in not without risk. It is possible that previous efforts could be determined insufficient or even potentially unnecessary once reviewed by the Corps and other consulting parties.

Upon receipt and review of the information listed above, the Corps will evaluate the submittal. If Corps determines the proposed activity has the potential to cause effects to a historic property, the Corps will seek consulting parties. In consultation with those parties, the Corps will scope appropriate historic property identification efforts and take into account the effect of the proposed activity on historic properties.

d. National Wild and Scenic Rivers: Prior to submitting a PCN for work in a National Wild and Scenic River System, it is recommended that the applicant contact the National Park Service Regional Wild and Scenic Rivers Specialist, at the Midwest Regional Office, 601 Riverfront Drive, Omaha, Nebraska 68102, for assistance in complying with Nationwide Permit General Condition 17. Any determination provided by the National Park Service should be submitted with the PCN. The following are components of the National Wild and Scenic River System and require PCN to the Corps:

Big and Little Darby Creeks (National Wild and Scenic River System):

• Big Darby Creek from Champaign-Union County line downstream to the Conrail railroad trestle and from the confluence with the Little Darby Creek downstream to the Scioto River.

• Little Darby Creek from the Lafayette-Plain City Road bridge downstream to within 0.8 mile from the confluence with Big Darby Creek.

• Total designation is approximately 82 miles.

Little Beaver Creek (National Wild and Scenic River System):

• Little Beaver Creek main stem, from the confluence of West Fork with Middle Fork near

Williamsport to mouth.

• North Fork from confluence of Brush Run and North Fork to confluence of North Fork with main stem at Fredericktown.

• Middle Fork from vicinity of Co. Rd. 901 (Elkton Road) bridge crossing to confluence of

Middle Fork with West Fork near Williamsport.

• West Fork from vicinity of Co. Rd. 914 (Y-Camp Road) bridge crossing east to confluence of West Fork with Middle Fork near Williamsport.

• Total designation is 33 miles.

Little Miami (National Wild and Scenic River System)

• Little Miami River - St. Rt. 72 at Clifton to the Ohio River

• Caesar Creek: lower two miles of Caesars Creek.

• Total designation is 94 miles.

e. Agency Coordination: To assist in agency coordination, a complete compact disc (CD) copy shall be submitted for any PCN Package greater than 15 pages and/or includes maps, drawings, spreadsheets or other similar materials which are larger than 8.5 inches by 11 inches. All files saved on the CD shall be in .pdf format. A hard copy of any oversized maps, drawings, spreadsheets etc. in the PCN package shall be submitted and accompany the complete CD. An index or table of contents shall be provided and correspond with each file saved on the CD and/or within the PCN hard copy.

APPENDIX 1 TO REGIONAL GENERAL CONDITION 5 (a) County Waterway (aquatic species) Township (semi-aquatic and terrestrial species)

Adams

Ohio River, Scioto Brush Creek, South Fork Scioto Brush Creek

Sprigg

Ashtabula Grand River, Pymatuning Creek All townships

Athens Ohio River Alexander, Ames, Athens, Bern, Dover, Lee, Trimble, Waterloo, York

Brown East Fork Little Miami River, Ohio River

Huntington

Butler Great Miami River Champaign Mad River, Salem, Urbana Clark Little Miami River All townships Clermont East Fork Little Miami River, Little Miami River, Ohio Ri

Miami, Pierce, Union

Clinton Chester Columbiana Butler, Hanover Coshocton Killbuck Creek, Muskingum

River, Walhonding River

Crawford Auburn, Bucyrus, Cranberry

Cuyahoga

Within 3 miles of the shore of Lake Erie in Brooklyn, Cleveland, Dover, East Cleveland, Euclid, Newburgh, Rockport, West Park

Darke Stillwater River Defiance St. Joseph River Milford Delaware Mill Creek, Olentangy River

Erie

Margaretta; within 3 miles of the shore of Lake Erie in Berlin, Huron, Perkins, Sandusky, and Vermillion

Fairfield Walnut Fayette Concord, Green, Jasper, Jefferson

Franklin Big Darby Creek, Little Darby

Creek, Scioto River

Fulton Swan Creek Gallia Ohio River Greene Little Miami River Bath, Spring Valley

Hamilton

Great Miami River, Little Miami River, Ohio River

Colerain, Columbia, Crosby, Miami, Spencer, Sycamore, Symmes, Whitewater

Hancock Blanchard River Hardin Blanchard River Blanchard, Hale, Jackson, Roundhead

Hocking Benton, Green, Laurel, Marion, Starr, Ward, Washington

Holmes All townships Huron New Haven, Richmond Jackson Liberty

Lake

Grand River

Within 3 miles of the shore of Lake Erie in Madison, Mentor, Painesville, Willoughby

Lawrence Ohio River Decatur, Rome, Union Licking Union Logan Great Miami River Perry, Stokes, Zane

Lorain

Within 3 miles of the shore of Lake Erie in Amherst, Avon, Black River, Brownhelm, and Sheffield

Lucas Swan Creek All townships Madison Big Darby Creek, Little Darby

Mahoning All townships Marion Tymochtee Creek Big Island, Bowling Green, Grand, Montgomery, Salt Rock Meigs Ohio River Miami Great Miami River, Stillwater

River

Montgomery Great Miami River, Stillwater River

Mad River

Morgan Muskingum River Deerfield, Homer, Malta, Marion, Penn, Union

Muskingum Muskingum River Ottawa All townships Perry Bearfield, Coal, Monroe, Pike, Pleasant, Salt

Lick

Pickaway Big Darby Creek, Scioto River

Pike Scioto River Portage All townships Preble Gasper, Somers Richland Plymouth Ross Salt Creek, Scioto River Colerain Sandusky All townships Scioto Ohio River, Scioto Brush Creek, Scioto River, South Fork Scioto Brush Creek

Nile, Rush, Union

Shelby Great Miami River Summit Tallmadge Trumbull Pymatuning Creek All townships

Union Big Darby Creek, Little Darby Creek, Mill Creek, Treacle

Vinton Brown, Elk, Knox, Madison, Swan Warren Great Miami River, Little Miami

River Salem, Turtle Creek, Wayne

Washington Muskingum River, Ohio River

Wayne All townships Williams Fish Creek, St. Joseph River Bridgewater, Center, Florence, Jefferson, Madison, Northwest, St. Joseph, Superior

Wyandot Tymochtee Creek Marseilles, Mifflin, Pitt

C. Nationwide Permit Terms and Specific Regional Conditions:

1. Aids to Navigation. The placement of aids to navigation and regulatory markers that are approved by and installed in accordance with the requirements of the U.S. Coast Guard (see 33 CFR, chapter I, subchapter C, part 66). (Authority: Section 10 of the Rivers and Harbors Act of 1899 (Section 10))

2. Structures in Artificial Canals. Structures constructed in artificial canals within principally residential developments where the connection of the canal to a navigable water of the United States has been previously authorized (see 33 CFR 322.5(g)). (Authority: Section 10)

Corps NWP 2 Specific Regional Condition:

PCN in accordance with Nationwide Permit General Condition 32 and Regional General Condition 6 is required for any proposed structure exceeding 25% of the width of the existing canal.

3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays.

(b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure.

This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization.

(c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.

(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation.

This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects.

Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act (Sections 10 and 404))

Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act section 404(f) exemption for maintenance.

Corps NWP 3 Specific Regional Conditions:

a. PCN in accordance with Nationwide Permit General Condition 32 and Regional General Condition 6 is required for the following activities:

• The replacement of any permanent vertical bulkhead greater than one foot waterward of the original alignment. A vertical bulkhead is defined as any structure, or fill, with a vertical face. It may be constructed of timber, steel, concrete, etc.;

• Activities in Section 10 waters that involve the discharge of greater than 10 cubic yards of dredged and/or fill material below the ordinary high water mark;

• For temporary structures, work, and discharges (including cofferdams) necessary for access fills or dewatering of construction sites occurring in Section 10 waters when the primary activity is otherwise authorized by the Corps of Engineers. The PCN must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions;

• All activities in the Ohio River and the Muskingum River; and

• Any stream channel modification that exceeds a distance of 50 feet upstream and

50 feet downstream of the structure.

b. The placement of any new rip-rap when associated with an existing bridge or similar structure is limited to a total of 200 feet extending in either direction from the structure unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects..

c. For projects located along the shorelines of Lake Erie, Sandusky Bay, and Maumee Bay, all sand and gravel located below the proposed project, both below and above ordinary high water mark (573.4 feet IGLD 1985), will be excavated down to clay or bedrock, and side cast into the nearshore area either immediately waterward or downdrift of the project area. It will be at the discretion of the district engineer to determine whether the material located below the authorized structure needs to be relocated, where it should be relocated to, and the appropriate authorization, if needed, for the relocation. Verification of the placement of the excavated material within the nearshore area shall be documented through the submittal of dated photographs and an accompanying photo location map to the district engineer within 30 days of commencement of the project.

Ohio 401 Certification Special Limitations and Conditions:

1. Ohio state certification general limitations and conditions apply to this nationwide permit.

2. Temporary or permanent impacts to category 3 wetlands are limited to less than 0.1 acres for activities involving the repair, maintenance, replacement, or safety upgrades to existing infrastructure that meets the definition of public need. Ohio EPA will make the determination if a project meets public need during the ORAM verification process.

3. Temporary or permanent impacts to category 1 and category 2 wetlands are limited to

0.50 acres.

4. This certification does not authorize the replacement of existing structures that are open to the flow of water with structures that are not open to the flow of water.

5. For an individual stream, while the repair or replacement of an existing culvert of any length is not limited by this certification, any culvert extension shall not exceed 300 linear feet.

6. Replacement vertical bulkheads shall not be placed more than an average of one foot waterward of the intersection of the ordinary high water mark of the waterbody and the existing shoreline.

7. Removal of accumulated sediment shall occur only once per year and shall be limited to low-flow conditions, except in cases of emergency situations that threaten life or property.

8. For projects which involve temporary impacts to wetlands: upon the cessation of earth moving activities, any hydric topsoil removed from a wetland shall be separated and saved for later placement as the topmost backfill layer when the wetland is restored to grade.

Ohio CZMA Federal Consistency Determination Condition:

For all activities located within or along the shore of Ohio's portion of Lake Erie, including Maumee Bay and Sandusky bay, all applicable authorizations under the Ohio Coastal Management Program must be obtained.

4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities. Fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, fish aggregating devices, and small fish attraction devices such as open water fish concentrators (sea kites, etc.). This NWP does not authorize artificial reefs or impoundments and semi-impoundments of waters of the United States for the culture or holding of motile species such as lobster, or the use of covered oyster trays or clam racks. (Authorities: Sections 10 and 404)

2. Individual 401 WQC is required for use of this nationwide permit when temporary or permanent impacts are proposed on or in any of the following waters:

a. category 3 wetlands;

b. category 1 and category 2 wetlands when impacts exceed 0.50 acres;

c. streams located in ineligible areas as depicted in the GIS NWPs Stream

Eligibility Map, Appendix C;

d. streams located in possibly eligible areas as depicted in the GIS NWPs

Stream Eligibility Map determined to be high quality through one of the NWP eligibility flowcharts, Appendix C;

e. state wild and scenic rivers;

f. national wild and scenic rivers; and

g. general high quality water bodies which harbor federally and state listed threatened or endangered aquatic species.

3. For an individual stream, while the repair or replacement of an existing culvert of any length is not limited by this certification, any culvert extension shall not exceed 300

5. Scientific Measurement Devices. Devices, whose purpose is to measure and record scientific data, such as staff gages, tide and current gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and similar structures. Small weirs and flumes constructed primarily to record water quantity and velocity are also authorized provided the discharge is limited to 25 cubic yards. Upon completion of the use of the device to measure and record scientific data, the measuring device and any other structures or fills associated with that device (e.g., foundations, anchors, buoys, lines, etc.) must be removed to the maximum extent practicable and the site restored to pre-construction elevations. (Authorities: Sections 10 and 404)

1. Ohio state certification general limitations and conditions apply to this nationwide permit.

2. Individual 401 WQC is required for use of this nationwide permit when temporary or permanent impacts are proposed on or in any of the following waters:

c. state wild and scenic rivers;

d. national wild and scenic rivers; and

e. general high quality water bodies which harbor federally and state listed

3. For an individual stream, while the repair or replacement of an existing culvert of any

6. Survey Activities. Survey activities, such as core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory-type bore holes, exploratory trenching, soil surveys, sampling, sample plots or transects for wetland delineations, and historic resources surveys. For the purposes of this NWP, the term “exploratory trenching” means mechanical land clearing of the upper soil profile to expose bedrock or substrate, for the purpose of mapping or sampling the exposed material. The area in which the exploratory trench is dug must be restored to its pre-construction elevation upon completion of the work and must not drain a water of the United States. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. This NWP authorizes the construction of temporary pads, provided the discharge does not exceed 1/10-acre in waters of the U.S. Discharges and structures associated with the recovery of historic resources are not authorized by this NWP. Drilling and the discharge of excavated material from test wells for oil and gas exploration are not authorized by this NWP; the plugging of such wells is authorized.