PUBLIC NOTICE JOINT PUBLIC NOTICE FOR PERMIT APPLICATION SUBMITTED TO U.S. ARMY CORPS OF ENGINEERS AND MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY

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1 Omaha District PUBLIC NOTICE Application No: NWO MTB Applicant: Bernadine L. Gerfen Waterway: Yellowstone River Issue Date: May 4, 2018 Expiration Date: June 4, DAY NOTICE Helena Regulatory Office 10 West 10 th Street, Suite 2200 Helena MT JOINT PUBLIC NOTICE FOR PERMIT APPLICATION SUBMITTED TO U.S. ARMY CORPS OF ENGINEERS AND MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBJECT: The U.S. Army Corps of Engineers, Omaha District, (Corps) is evaluating a permit application to stabilize approximately 270 linear feet of Yellowstone River bank, which would result in permanent and temporary impacts to approximately 270 linear feet of Riverine waters of the United States. This notice is to inform interested parties of the proposed activity and to solicit comments. This notice may also be viewed at the Corps web site at: AUTHORITY: This application is being evaluated under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. APPLICANT: Bernadine L. Gerfen PO Box 1372 Livingston, Montana LOCATION: The project site is located within the Special River Management Zone of the Yellowstone River on the Yellowstone River, within Section 5, Township 2 South, Range 10 East, Latitude: , Longitude: , Park County, Montana. There is approximately 270 linear feet of the Yellowstone River within the project area. PROJECT DESCRIPTION: Extension of existing, previously authorized bank stabilization for an additional 270 linear feet of Yellowstone River bank, which would result in permanent impacts to approximately 270 linear feet of Riverine waters of the United States. The work will entail reshaping the existing near vertical bank to an approximately 2:1 slope and placement of a keyway along the toe of the reshaped b to a depth of three feet below the existing channel bed. Approximately 480 cubic yards of riprap will be placed for the keyway and along the reshaped bank. The channelward encroachment of the project will be 16 feet. The applicant s preferred alternative would result in permanent impacts to 270 linear feet to the Yellowstone River. U.S. ARMY CORPS OF ENGINEERS OMAHA DISTRICT

2 CENWO-OD-RMT Page 2 Action ID: NWO MTB The applicant s stated project purpose is stabilize an eroding raw collapsing river bank. The attached drawings provide additional project details. ADDITIONAL INFORMATION: Alternatives. The applicant has provided information concerning the following project alternatives: Alternative 1: No action. This alternative would allow the continued erosion of the riverbank into the abutting pasture. This alternative would not meet the project purpose. Alternative 2: River Barbs. This alternative would place 2 river barbs in the river bed at the eroding shoreline in order to move the erosive part of the stream off of the bank to preventlimit undercutting. This alternative was rejected because of concerns of potential scour being created by the barb features. Alternative 3: Root Wads. This alternative included installation of root wads interspersed with live planting. This alternative was discounted because of known root wad failures at two similarly situated projects upstream of this project. Mitigation: The applicant proposes to purchase 3,542.2 stream credits from the Upper Yellowstone Mitigation Bank to meet the Compensatory Mitigation requirements for this project. OTHER GOVERNMENTAL AUTHORIZATIONS: The Montana Department of Environmental Quality, 1520 East 6th Avenue, Post Office Box , Helena, Montana 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. HISTORIC PROPERTIES: The Corps is lead federal agency for determining compliance with Section 106 of the National Historic Preservation Act for this project and has completed a cultural resource review of the project site in conjunction with their obligations under Section 106 and the National Environmental Policy Act. The Omaha District's initial review, based on currently available information, indicates there are recorded properties within the permit area. The Corps has not determined effects to properties eligible for listing on the National Register of Historic Properties. ENDANGERED SPECIES: The proposed activity will have no effect on Federally-listed endangered or threatened species or their critical habitat. The above determinations are based on information provided by the applicant and our preliminary review. EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments. All U.S. ARMY CORPS OF ENGINEERS OMAHA DISTRICT

3 CENWO-OD-RMT Page 3 Action ID: NWO MTB factors which may be relevant to the described activity 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, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR 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 andor 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. The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. 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, at the Helena Regulatory Office, 10 West 15 th Street, Suite 2200, Helena, Montana 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 Robert Cole at the Helena Regulatory Office, 10 West 15 th Street, Suite 2200, Helena, Montana , by at Robert.H.Cole@usace.army.mil, or telephone at (406) Please refer to identification number NWO MTB in any correspondence concerning this project. Comments postmarked after the expiration date of this public notice, or received by fax or after the expiration date, will not be considered. Comments left on our voic system will not be considered. Attachments: 4 drawings U.S. ARMY CORPS OF ENGINEERS OMAHA DISTRICT

4 PLAN VIEW Lateral Bar South Wetted Perimeter ~N Scale 1 in == 75' )1 GERFEN SPRING 2018 PROJECT Yellowstone River Wetted Perimeter of Across River Lateral Bar Existing (Near Vertical) Bank 270 Lineal Feet I - Flow DiJection -. River Bottom Contom Project West End l(m)...40 t(j&.30 l<>b {)..00 Notes: The Top of Bank Elevations shown are in Feet To obtain the ordinary high water mark elevation across the entin, existing bank: of the project, subtract ft at each location. Approx 15-ft of the present bank: will be excavated back and resloped (2: 1) bcggining at the existing river bottombank interface Fenceline O'Neil Bros Hydrological Consulting Bozeman, Montana 59772

5 PLAN VIEW ~ Revegetate Disturlled Pastureland,--- Existing Ground Surface Ordinary High Water Mruk V ) li.es1,,"ped h <ZllJba,..,_ ~.lljei,t oPe Existing Near-Vertical Bank Existing Channel Bottom 6.7ft 10l ft Rock (Limestone) Rip Rap Water Surface ~ Cross Sectional View of Rip Rap, Keyway Placement and Bank Resloping Project calls for placement of 480 cu-ft of Rock along 270-linear feet of Bank 90 cu-ft of Keyway Rock; 390 cu-ft of Rip Rap L 3 ft GERFEN SPRING 2018 PROJECT O'Neil Bros. Hydrological Consulting Bo7.eman, Montana 59772

6 Project Site Gerfen Project Spring 2018 ) I IT 10' Note L Bo.nkfull Dlscho.rge Is tho. t elevo. tlon c,r neeel ~ o.chleved on o.vero.ge o.pproxlmo.telly once ever two yeo.rs Eroding bo.nk o.rmorlng (rip ro.p) extends 270-ft In the upstreo.m direction f'rom existing Ho.rd Point Rip Ro.p sits on Keywo.y which Is set 3-ft below river bottom o.nd extends 3-ft Into the po.ge Rip Ro.p to be plo.ced on resho.ped 2 1 bo.nk slope extends 16-ft Into po.ge Rip Ro.p Rock volume = 390 cu-yclsj Keywo.y Rock volume = 90 cu-yclsj Project Toto.l = 480 cuyds Dlscho.rge Flow Height '\J low Flow \o.ter Surfo.ce ---. '\J River Flow ') O'Neil Bros Hydrologlco.l Consulting BozeMo.n, Manto.no

7 ) I ~~;;,~~ - ro~.ran.~' ; ;',? ~ ij \ '.,;,!; J ;:, GERFEN SPRING 2018 PROJECT O'Neil Bros. Hydrological Consulting Boz.eman, Montana 59772