Public Notice. Fordice Creek Watershed in Saline County, Illinois. 12 Digit watershed Minute Quad: Harrisburg, IL

Transcription

1 Public Notice US Army Corps of Engineers Louisville District Public Notice No Open Date: Close Date: LRL JMG 2 Aug Sep 218 Please address all comments and inquiries to: US Army Corps of Engineers, Louisville District ATTN: Mr Justin Garrett, CELRL-RDS 6855 State Road 66 Newburgh, Indiana 4763 Phone: (812) This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 44 of the Clean Water Act (CWA) APPLICANT: AGENT: LOCATION: Vigo Coal Operating Co, LLC 25 Cross Pointe Blvd Evansville, Indiana Trigg Turner Rd Corydon, KY 4246 Fordice Creek Watershed in Saline County, Illinois 12 Digit watershed Latitude: North Longitude: West 75 Minute Quad: Harrisburg, IL PURPOSE: To relocate wetlands, open waters, and streams in order to facilitate the removal of subsurface coal materials DESCRIPTION OF WORK: The proposed project would result in the discharge of fill and/or dredged material into waters of the United States for a surface coal mining operation throughout a 1,13-acre site The site is pending approval by Illinois Department of Natural Resources (IDNR), Division of Reclamation (DOR), Surface Mining Control and Reclamation Act (SMCRA) Permit No 458 The proposed project would fill 17,258 linear feet of ephemeral streams, 21,89 linear feet of intermittent streams, 195 acres of palustrine forested (PFO) wetlands, 2 acres of palustrine scrub/shrub (PSS) wetlands, 7 acres of palustrine emergent(pem) wetlands, 3 acres of palustrine unconsolidated bottom (PUB) wetlands, and 527 acres of open waters All economically recoverable coal would be removed during the excavation of the area, processed, and sold The area would be returned to approximate original contours, covered with stockpiled soil material, revegetated, and returned to an approved post-mine land use through the SMCRA process

2 Regulatory Division South Branch Public Notice No LRL JMG AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: The applicant s preferred alternative, has taken into consideration various mining methods to maximize the opportunities for avoidance and minimization measures On the 1,13 acre site; 1,4 acres will be impacted for an avoidance of 9 acres Of the 251 wetland acres present, 44 acres will be avoided Of the 47,237 total linear feet of streams present, 7,29 feet will be avoided, while 1,861 feet will have minimized impacts The applicant proposes to mitigate functions lost from the following impacted resources: 17,258 linear feet of ephemeral streams, 21,89 linear feet of intermittent streams, and a total of 27 acres of wetlands Mitigation is proposed to be undertaken both on and off-site, following the mining and reclamation phase The streams would employ a natural pattern, profile and dimension and would have forested riparian corridors adjacent to the reconstructed channels Mitigated natural streams would be of Rosgen B, or C type dependent on stream and valley slope and would be planted with 5-foot forested riparian corridors on each bank for ephemeral streams and 1-foot forested riparian corridors on each bank for intermittent streams Minimum Rapid Bioassessment Protocol (RBP) scores would be equal to or greater than 11 for the ephemeral natural channel stream mitigation, 115 for the intermittent natural channel stream mitigation Impacts to all types of existing wetlands are proposed to be mitigated by establishing a total of 62 acres of PFO wetlands The wetlands would be managed for hard mast species and constructed to receive hydrology from overbank flows of adjacent streams as well as precipitation 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 Illinois Section 41 Water Quality Certification (WQC) from the Illinois Environmental Protection Agency (IEPA) is on file in this office or it is considered waived The applicant is responsible for obtaining the certification from IEPA 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 1956 Based on available information, the proposed activity will not destroy or endanger any Federally-listed threatened or endangered species or their critical habitats, as identified under the Endangered Species Act, and therefore, initiation of formal consultation procedures with the US Fish and Wildlife Service is not planned at this time 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 2

3 Regulatory Division South Branch Public Notice No LRL JMG The National Register of Historic Places (NHRP) has been examined, and it has been determined that there are no properties currently listed on the Register which would be directly affected by the proposed work If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archaeological, scientific, pre- historical, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic Preservation Act of Public Law as amended (including Public Law ) 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 In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines (4 CFR Part 23) promulgated by the Administrator, United States Environmental Protection Agency (USEPA), under authority of Section 44(b) of the CWA 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 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 District's Internet site at All comments regarding this proposal should be addressed to Mr Justin Garrett, CELRL-RDS at the address noted above and should refer to the Public Notice Number LRL JMG 3

4 Regulatory Division South Branch Public Notice No LRL JMG 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 JMG Example: Subject: LRL JMG b) Provide your physical mailing address and telephone number c) Send your to: 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 Project Boundary 15 «Offsite Mitigation Location/Topo Map Vigo Coal Operating Co, LLC 1 inch = 4, feet 95 1,9 USGS Topo Date: 4APR18 3,8 5,7 Map Prepared By: RL 115 Amiet Rd Henderson, KY 4242 Vigo\Friendsville_PhaseIII _LocationTopo_Map_31AUG17_RL Mt Carmel, IL 7,6 156

6 1MS1B2 1MS1F 1MS1-1 1MS1B 1MW3 1MS1B1 1XW4 1MS1B1-1 1MS1C 1MS2A 1ASC1E-1 1MS1E 1MW6 1MSC1D2 1MS1E-2 1MW1 1MW44 1MW2 1AS1D 1MS1D1A 1MS1C-1 1NW9 1MS1I 1MW35 1MS1D1-1 1MS2B 1MW49 1MW4 1MW8 1MW37 1MSC1L 1MS1C-2 1MS2C 1AS2D-1 1MS1C1 1MS1M 1MS2F 1MW14 1MS2F-1 1MS2H1 1MS2M 1MS2K-2 1MS2M-2 1MW21 1MS2O 1MS3A-1 1MS2-3 1MS1D-5 1MS1O 1MS1N 1MS1-6 1AS1N-1 1MS2H-2 1MO4 1MW22 1MS1O-1 1MW46 1MS1P 1MW23 1MW47 1ASC2P-2 1MS1-7 1MS2P-3 1MW5 1MS2H2 1AS2P-1 1MW24 1MS3-1 1MS2M2 1MS2P 1MW26 1MW13 1MW17 1MS2M-1 1MS3A 1MW19 1MW2 1MS2M1 1AS3 1MS1D6 1MS1D7 1MS2-2 1AS3C 1MW16 1MS2H-1 1MS2L1 1MS2N 1MS1J-1 1XS1D-4 1MW45 1MS2K 1MS1K-1 1MW18 1MS1-5 1MS2L 1MS2F2 1MW15 1MS2-1 1MS1D6A 1MS2H 1MS2I 1MW29 1MS2F-2 1MO1 1MW43 1MS1D5 1MS2E 1MS1C1-1 1MS1K 1MW41 1MW48 1MW1 1MW38 1MW11 1MW12 1MW39 1MS1D-3 1MS1C1A 1MS2D 1MS1J 1MS1-4 1MW42 1MS1D-2 1MW36 1MS1D3 1MS2G 1MS1J1 1MS1-3 1MS1D1A1 1NS1D-1 1MW7 1AS1G-1 1MS2 1MS1G 1AS1D1 1MS1D4 1MS1H 1MS1-2 1ASC1A-1 1MW34 1MS1 1MS1A 1MW33 1MS1F1-1 1MW5 1MS1F1 1ASC3A-3 1MW25 1MS2P1 1ASC3-2 1MS3A-4 1ASC3B 1AO2 1MW3 1AW27 1MW28 1MS3B-1 1MS4 1MW31 1MO3 1MS4B 1MS4A 1MS4-1 1MS4C 1MW32 2MS1B 2MW1 2MS1-2 2ASC1-1 2AS1A 2AS1 Waypoints Surface Connection JD Map Vigo Coal Operating Co, LLC 1 inch = 1,25 feet Ephemeral Intermittent Wetland Open Water Project Boundary NAIP 212 Date: 9MAR18 Vigo\Friendsville_Expansion\Friendsville_ Phase_III_JD_Map_9MAR18_KM 1,2 1,53 Map Prepared By: KM 115 Amiet Rd Henderson, KY ,4

7 1MS1B2 1MS1-1 1MS1B 1MW3 1MS1B1 1MS1B1-1 1MS1G 1MS1F1-1 1AS1G-1 1MS1-2 1MS1H 1MW5 1MS1 1MS1J1 1AS1D 1MS1C 1ASC1A-1 1MS1E 1AS1D1 1MW6 1ASC1E-1 1MSC1D2 1MW1 1MS1I 1MS1D1A 1MW35 1MS1D1-1 1NW9 1MW2 1MS1-3 1MS1D1A1 1NS1D-1 1MW7 1MS2A 1MS1F1 1MW34 1MW33 1XW4 1MS1A 1MW44 1MS1F 1MS1C-1 1MW42 1MW4 1MS1D4 1MS2B 1MS1D3 1MS1-4 1MW36 1MS1J 1MW37 1MSC1L 1MS1D-2 1MS1K 1MW41 1MW39 1MW8 1MS1D-3 1MS2 1MS2C 1MS1C1 1MW12 1MS2D 1MW43 1MW38 1MS1M 1MW11 1MS1C-2 1MS1D5 1AS2D-1 1MS1C1-1 1MS1-5 1MS1J-1 1MW1 1XS1D-4 1MS2E 1MS2F 1MW14 1MS2F-1 1MS2G 1MS2H1 1MS2-1 1MO1 1MS2F-2 1MS2F2 1MW15 1MS1D6 1MW13 1MS2H 1MW16 1MS2I 1MS1D6A 1MS1D-5 1MS1N 1MW45 1MS1O 1MS1D7 1MS2H-1 1MS1-6 1MS2K 1MS2L 1MS2K-1 1MW18 1MS2L1 1MS2M 1MW17 1MW19 1MS2H2-1 1MS2K-2 1MW2 1MW29 1MS2M-1 1MS2O 1MS3-1 1MS1O-1 1MS2M2 1MW23 1MW47 1MS1-7 1AS2P-1 1MW24 1MS1P 1MW21 1MS2M-2 1MS2P 1MS3A 1MW26 1MS2H-2 1MW22 1MS2M1 1AS3 1MO4 1MW46 1MS2N 1MS2-2 1AS3C 1MS1N-1 1ASC2P-2 1MS2-3 1MS3A-1 1MS2P-3 1MS3A-2 1MW25 1MS2P1 1ASC3A-3 1ASC3-2 1MS3A-4 1ASC3B 1MW3 1AO2 1AW27 1MW28 1MS3B-1 1MS4 1MO3 1MW31 1MS4B 1MS4A 1MS4-1 1MS4C 1MW32 2MW1 2MS1B 2MS1-2 2ASC1-1 2AS1A 2AS1 Project Boundary Impact Boundary Waypoints Wetland Intermittent Ephemeral Open Water Surface Connection Impact Map Vigo Coal Operating Co, LLC 1 inch = 35 feet NAIP 212 Date: 5MAR18 Vigo\Friendsville_Phase_III_ Impact_Map_5MAR18_RL 75 1,125 Map Prepared By: RL 115 Amiet Rd Henderson, KY ,5

8 1MS1-2 1MS1 1MS1-3 1MS1A 1MS1B 1MS1-4 1MS2 1MS2-1 1MS2A 1MS1A-3 1MS2-2 1MS3 1MS2B 2MS1A 2MS1-1 Onsite Mitigation Map 2MS1 Vigo Coal Operating Co, LLC PFO Wetland ac Intermittent - 11,678-ft Ephemeral - 8,629-ft NAIP 212 Riparian Buffer ~ 785-ac Final Cut Pits 1 inch = 1, feet 159 Date: 4APR18 Vigo\Friendsville_PhaseIII\OnsiteMitigation _Map_22NOV17_RL 1,18 Map Prepared By: RL 115 Amiet Rd Henderson, KY ,77 2,36

9 In-Stream Priority 1 Exchange Offsite Mitigation Map Vigo Coal Operating Co, LLC 1 inch = 4 feet Offsite Boundary ~ 76-ac Existing Stream Mitigation ~ 3,49-ft Proposed Offsite Streams ~ 3,838-ft 1 2 Google Earth 216 Proposed Offsite Wetland ~ 425-ac Proposed Riparian Buffer ~ 162-ac 161 Date: 3APR18 Vigo\Friendsville_PhaseIII Offsite_Mitigation_25JAN18_RL 4 6 Map Prepared By: RL 115 Amiet Rd Henderson, KY