Public Notice. 111 Monument Circle, Suite 1200 Indianapolis, Indiana 46204

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1 Public Notice US Army Corps Public Notice No. Date: Closing Date: of Engineers LRL dds 14 Dec Jan 2018 Louisville District Please address all comments and inquiries to: U.S. Army Corps of Engineers, Louisville District ATTN: Ms. Deborah Duda Snyder, CELRL- RDN 8902 Otis Avenue, Suite S106B Indianapolis, Indiana Phone: This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 404 of the Clean Water Act (CWA). APPLICANT: AGENT: LOCATION: Indiana Department of Transportation 100 North Senate Avenue, Room N642 Indianapolis, Indiana HNTB Indiana 111 Monument Circle, Suite 1200 Indianapolis, Indiana On Sartor Ditch and unnamed tributaries to Sartor Ditch, Indian Creek, and West Fork Clear Creek in Morgan County, Indiana. Latitude: Longitude: Minute Quad: Martinsville, Indiana PURPOSE: To construct stream and wetland crossings on Segment 6.1 of Section 6 of the Evansville to Indianapolis extension of Interstate 69 DESCRIPTION OF WORK: The applicant proposes to discharge 4,174 cubic yards (cys) of fill material below the Ordinary High Water Mark (OHWM) of 14,538 linear feet of Indian Creek, Sartor Ditch, and their unnamed tributaries. In addition, 2,750 cys of fill material would be discharged into 0.7 acre of open water and emergent, scrub-shrub, and forested wetlands. Impacts to waters of the United States (U.S.) would occur for the construction of Segment 6.1 of Section 6 of the Interstate 69 extension. The road would begin on State Route 37 south of the Indian Creek bridge and continue north along the State Route 37 alignment for approximately 5.7 miles to the intersection of State Route 37 and Morgan Road in Martinsville, Morgan County, Indiana. The fill material would consist of clean earthen fill, limestone riprap, and concrete. In addition to the proposed work for the construction of Interstate 69, the applicant would discharge 10,000 cubic yards of fill material into 2,948 linear feet of the White River as part of the proposed off-site mitigation.

2 Regulatory Division North Branch Public Notice No. LRL dds AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: Impacts to streams and wetlands are unavoidable considering that the proposed project involves upgrading 5.7 miles of an existing State Route to Interstate standards. As part of the National Environmental Policy Act (NEPA) process, the applicant prepared a Final Environmental Impact Statement which considered impacts from four different alternative configurations for the entire Section 6 corridor, including the 5.7-mile long Segment 6.1. The preferred alternative in Segment 6.1 had the second fewest impacts to streams and the fewest impacts to wetlands. Impacts to streams and wetlands were avoided and minimized to the greatest extent practicable. Mitigation would be required to compensate for the proposed impacts to the streams and wetlands located on the site. The proposed mitigation would include discharge of fill into waters of the U.S. as described above. The proposed project would be an upgrade of the existing State Route 37, a four lane road. The proposed impacts would affect aquatic features that currently provide the function of transporting stormwater including approximately 7,669 linear feet of streams that were captured as roadside ditches, 1,549 linear feet of streams that were captured in channelized ditches, and 3,089 linear feet of streams in existing culverts. Since the proposed project would not alter the quality or function of these features, no mitigation is being proposed for these impacts. The proposed project would impact a total of 1,180 linear feet of streams that are currently relatively natural, and 751 linear feet of roadside ditches and 300 linear feet of channelized ditches that flow through riparian corridor. The applicant proposes to mitigate for these impacts off site through the stabilization of 2,948 linear feet of the White River and the enhancement of 11,938 linear feet of streams, consisting of 5,716 linear feet of perennial, 1,527 linear feet of intermittent, and 1,747 linear feet of ephemeral streams at the Leonard Moline Mitigation Site. The applicant would restore a total of 1.9 acres of wetland at the Leonard Moline Mitigation Site for the proposed impacts from the construction of Segment 6.1. This acreage would include 0.84 acre of forested wetland, 0.78 acre of scrub/shrub wetland, and 0.31 acre of emergent wetland. It is noted that this proposed mitigation plan is open to comment and subject to change. The Corps will make a determination of appropriate mitigation, upon review of all submitted information. REVIEW PROCEDURES: A DA Permit cannot be issued if any legally required Federal, State, or local authorization or certification is denied. A DA Permit, if otherwise warranted, will not be issued on this project until a State of Indiana Section 401 Water Quality Certification (WQC) from the Indiana Department of Environmental Management (IDEM) is on file in this office or it is considered waived. This Public Notice may constitute the application for the 401 certification. IDEM will review this proposal for compliance with the applicable provisions of Section 301, 302, 303, 306 and 307 of the CWA, including the state water quality standards currently set forth at 327 IAC 2. They will consider comments regarding this proposal postmarked by the closing date of this notice. Comments to IDEM should be addressed to: IDEM, Office of Water Quality, Section 401 WQC Program, 100 N. Senate 2

3 Regulatory Division North Branch Public Notice No. LRL dds Avenue Room N1255, Indianapolis, Indiana The applicant is responsible for obtaining the certification from IDEM. Copies of this notice are sent to the appropriate Federal and State Fish and Wildlife Agencies. Their views and comments are solicited in accordance with the Fish and Wildlife Coordination Act of The U.S. Fish and Wildlife Service (USFWS) has determined that it is likely that incidental take of Indiana bats in Section 6 of I69 will occur as a direct or indirect result of the proposed action and has issued an Incidental Take Statement for the proposed project. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. A request for a public hearing must state the specific interest which might be damaged by issuance of the DA Permit. In accordance with Section 106, National Historic Preservation Act (NHPA) of 1966, as amended and 36 CFR Part 800, the Federal Highway Administration (FHWA) is the lead agency for the proposed project. INDOT, on behalf of the Federal Highway Administration (FHWA) coordinated with the Indiana State Historic Preservation Office (SHPO) as part of the NEPA process for Section 6. Along the Section 6 corridor being considered in this permit decision, there is one property, Grassyfork Fisheries, and one historic district, East Washington Street Historic District, listed on the National Register of Historic Places (NRHP). There are four individual properties that were determined to be eligible to be listed on the NRHP. The properties are Morgan County Bridge Number 224, Top Notch Farm, W.E. Nutter House, and Pearcy Farm and Clear Creek Fisheries. INDOT, on behalf of the Federal Highway Administration, determined that the proposed project would have no effect or no adverse effect for the above listed properties. In addition, six previously undocumented archaeological sites and one previously documented site in the Segment 6.1 Section 6 corridor Area of Potential Effects. At the mitigation site, a Phase 1a investigation did not identify any sites that would be eligible for inclusion in the NRHP and the applicant is conducting a Phase Ic investigation in portions of the mitigation site that have a potential for buried landforms that could contain intact archaeological deposits. Prior to taking final action on this application, this office will establish the location of the sites that are listed and eligible to be listed on the NRHP relative to the proposed crossings of waters of the U.S. Any impacts on such properties will be evaluated and considered in making the final decision. The decision whether to issue a permit will be based on an evaluation of the probable impact 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 proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered; among those are conservation, economics, aesthetic values, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production, and in general, the needs and welfare of the public. 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. It is presumed that all interested parties and agencies will wish to respond; therefore, a lack of response will be interpreted as meaning that there is no objection to the proposed project. Any comments received will be considered by the Corps of Engineers to 3

4 Regulatory Division North Branch Public Notice No. LRL dds 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 closing date will become a part of the official record and will be considered in the determination on this permit request. Any objections which are received during this period will be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested DA Permit. A permit will be granted unless its issuance is found to be contrary to the public interest. Information pertaining to this application is available for public examination during normal business hours upon prior request. Drawings are available on Louisville Districts Internet site at All comments regarding this proposal should be addressed to Deborah Duda Snyder, CELRL-RDN at the address noted above and should refer to the Public Notice Number No. LRL dds. If you desire to submit your comments by , you must comply with the following: a) In the subject line of your , type in ONLY the Public Notice ID No. LRL dds. Example: Subject: LRL dds b) Provide your physical mailing address and telephone number. c) Send your to: lrl.regulatorypubliccomment@usace.army.mil d) If you are sending attachments greater than 1 Mb in size with your , you must send a hard copy (CD or paper) to the Corps physical address as well. 4

5 . INDOT I-69 Section 6 - Segment 6.1 LRL dds Location Map Page 1 of «Map 4 of 4 Map 3 of 4 44 «Map 2 of 4 Map 1 of 4 U V 252 Grid Index Sources: Topographic Map- USGS Digital Hindustan, Cope, and Martinsville Topographic Maps; Indiana Spatial Data Portal Section 6 Permit Limits 0 4,000 8,000 Feet

6 INDOT I-69 Section 6-Segment 6.1 LRL dds Impact Locations Page 2 of 10. Wetland Impact #7 Stream Impact #16 Open Water Impact #2 Wetland Impact #6 Wetland Impact #5 Stream Impact #15 «37 Wetland Impact #3 Wetland Impact #4 Wetland Impact #2 Wetland Impact #1 Stream Impact #1 Ephemeral Intermittent Perennial Emergent Wetlands Forested Wetlands Ponds Scrub/Shrub Wetlands Section 6 Permit Limits Sources: Topographic Map- USGS Digital Martinsville Topographic Map; Indiana Spatial Data Portal 0 1,000 2,000 Feet

7 . INDOT I-69 Section 6 - Segment 6.1 LRL dds Impact Locations Page 3 of 10 Stream Impact #4 Stream Impact #19 Stream Impact #18 Stream Impact #17 Stream Impact #16 Stream Impact #2 37 «Wetland Impact #8 Ephemeral Intermittent Perennial Emergent Wetlands Forested Wetlands Ponds Scrub/Shrub Wetlands Sources: Topographic Map- USGS Digital Martinsville Topographic Map; Indiana Spatial Data Portal Section 6 Permit Limits 0 1,000 2,000 Feet

8 INDOT I-69 Section 6 - Segment 6.1 LRL dds Impact Locations Page 4 of 10 Stream Impact #14 Stream Impact #8 Stream Impact #25 Stream Impact #22 Stream Impact #24 Stream Impact #21. Stream Impact #9 Stream Impact #23 Stream Impact #3 37 «Open Water #1 Stream Impact #4 Stream Impact #20 Stream Impact #19 Stream Impact #18 Ephemeral Stream Impact #2 Intermittent Perennial Emergent Wetlands Forested Wetlands Ponds Wetland Impact #8 Scrub/Shrub Wetlands Sources: Topographic Map- USGS Digital Martinsville Topographic Map; Indiana Spatial Data Portal Section 6 Permit Limits 0 1,000 2,000 Feet

9 . INDOT I-69 Section 6 - Segment 6.1 LRL dds Impact Locations Page 5 of 10 Stream Impact #12 Stream Impact #13 Wetland Impact #9 Stream Impact #11 Open Water #3 Stream Impact #10 37 «Stream Impact #28 Stream Impact #27 Stream Impact #26 Ephemeral Intermittent Perennial Emergent Wetlands Forested Wetlands Ponds Stream Impact #14 Scrub/Shrub Wetlands Sources: Topographic Map- USGS Digital Martinsville Topographic Map; Indiana Spatial Data Portal Section 6 Permit Limits 0 1,000 2,000 Feet

10 Strum to S6Sl1Sc \ \ \ ~\t( \ \ \ \ \ EXISTING STRUCTURE XXX.X 4CRES,,,, C>5 XXXJ<X FT "" XJ<X FT X.XX FPS NOTE TO REVIEWER WINGWALL INFORMATION WILL BE INCLUDED IN A LATER SUBMITTAL NOTE TO REVIEWER MATERIAL PLACED UNDER THE PIPE WILL BE CONFIRMED AFTER GEOTECHNICAL REPORT IS COMPLETE. NOTE TO REVIEWER 18 Tons Rlpra.p, RewllTlellt on 33 SYSGeotexlfle rorrjpraptype JA \ I \ \ PAVEMENT DESIGN TO BE COMPLETED IN A LATER SUBMISSION PLAN SCALE: l" " 660 ; ; =dtj if -H. ;... i.. I,>.. i&. ~ TlN-.L J "~ ";T, - -- : i ; ;.,. : 20 j l7oi it -, 1 -,. r +~" ~-~ v SECTION A-A SCAlE: 1 5 V SCALE: I"= 10 H 20 6ni5l 30 ii ;_1 I ; ~ " i:1 j II, nirfff Rlprapon Type IA II l i I:" , SECTION B-B SCALE: 1 5 v SCALE: 1" = 10 H LEGEND Page 8 of 14

11 INDOT I-69 Section 6 - Segment 6.1 LRL dds Bridge Plan and Cross Section Page 7 of 10

12 INDOT I-69 Section 6- Segment 6.1 LRL dds Mitigation Site Location Page 8 of 10 Moline Mitigation Site Moline Mitigation Site 37 «44 «U V 252. Moline Mitigation Site Sources: Topographic Map- USGS Digital Morgantown, Mooresville West, Mooresville East, Hindustan, Cope, and Martinsville Topographic Maps; Indiana Spatial Data Section 6 Permit Limits Miles

13 5+00 N. Gray Road 1"=200 Mitig ation Bou ndary Stream Overflow Swale (4) PI PI PI PI PI PI Wh PI PI PI PI Utility Easement (60) Stream Overflow Swale (4) EXIST. WETLANDS PI ga tio n B BERM 4 ry PI Utility Easement (60) +5 iti da 12 M n ou Whit PI e Riv er ite PI BERM 3 EX IST.W E A TL N DS PI PI Mitigatio N.Gray Road PI n Boun dary PI BERM 1 00 RIVERBANK STABILIZATION LIMITS PI Utility Easement (60) PI PI BERM 3 BERM 2 [To Be Plugged] Exist. 24" CMP I.E Berm Removal Area PI PI Rive e Whit Exist. 24" CMP w/flap I.E ZONE LEGEND ZONE M1 - Riparian Reforestation ZONE M3 - PFO Wetland ZONE M8 - Riparian Supplemental Planting ZONE M2 - Bottomland Reforestation ZONE M4 - PSS Wetland ZONE M3 - PFO Wetland ZONE M4 - PSS Wetland r Gray Road ZONE M5 - PEM Wetland ZONE M6 - Riverbank Stabilization Berm INDOT I-69 Section 6- Segment 6.1 LRL dds Mitigation Site Plan Page 9 of 10 Riv er

14 1 1 EXISTING GROUND WEIR LENGTH VARIES (60-70) RIVERBANK CL REPLACE SOIL TO APPROX. EXISTING SLOPES BASE RIVER FLOW WEIR TOP ELEVATION = BASE FLOW + 1 BASE RIVER FLOW 1.5:1 1.5:1 EXISTING RIVER BED EXISTING RIVER BED KEY (APPROX. 30) BENDWAY WEIR #1-#5 TYPICAL SECTION WHITE RIVER BANK STABILIZATION Scale: 1"=5 RIVERBANK CL CUT FOR PROPOSEED SLOPE TO BE BALANCED WITH FILL REQUIRED BEHIND LPSTP (CUT) EXISTING GROUND WEIR LENGTH VARIES (40-70) BASE RIVER FLOW WEIR TOP ELEVATION = BASE FLOW + 1 LPSTP ELEV. = BASE RIVER FLOW + 3 GRADED BANK -CUT FILL TO BALANCE -SLOPE VARIES TYP. 2:1 TO 3:1 NOTE: LPSTP DENOTES LONGITUDINAL PEAK STONE TOE PROTECTION 1.5:1 (FILL) EXISTING RIVER BED EXISTING RIVER BED LPSTP LPSTP / BENDWAY WEIR #6-#17 TYPICAL SECTION WHITE RIVER BANK STABILIZATION Scale: 1"=5 LPSTP ELEV. = BASE RIVER FLOW + 3 GRADED BANK -CUT FILL TO BALANCE -SLOPE VARIES TYP. 2:1 TO 3:1 SOIL COVER MIN. 1 1 EXISTING GROUND WEIR TOP ELEVATION = BASE FLOW + 1 BASE RIVER FLOW 10(TYP.) VARIES FLOW LIVE STAKE (LIVING DIKE) SOIL 1 MIN. WEIR TOP ELEVATION = BASE FLOW + 1 BASE RIVER FLOW EXISTING RIVER BED 5 MIN. EXISTING RIVER BED LPSTP MIN. 5 BENDWAY WEIR TYPICAL SECTION WHITE RIVER BANK STABILIZATION Scale: 1"=5 KEY (APPROX. 30) INDOT LPSTP KEYWAY DETAIL WHITE RIVER BANK STABILIZATION I-69 Section 6- Segment 6.1 Scale: 1"=5 LRL dds White River Stabilization Details Page 10 of 10 VARIES LPSTP / BENDWAY WEIR KEY TYPICAL SECTION WHITE RIVER BANK STABILIZATION Scale: 1"=5