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Appendix H-4 – IAC Comments and Summaries

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Appendix H-4 – IAC Comments and Summaries I-69 Ohio River Crossing Project Draft Environmental Impact Statement APPENDIX H-4 IAC Comments and Summaries Page U.S. Army Corps of Engineers (USACE) May 3, 2017 ............................................. 1 Indiana Department of Natural Resources, Division of Historic Preservation and Archaeology (IDNR‐DHPA) May 10, 2017 .......................................... 36 U.S. Environmental Protection Agency (USEPA) May 11, 2017 ........................... 38 Indiana Department of Environmental Management (IDEM) May 12, 2017 ..... 42 Memorandum June 6, 2017 ........................................................................................ 52 Kentucky Heritage Council August 7, 2017 ............................................................ 55 USEPA August 24, 2017 .............................................................................................. 56 Kentucky Department of Environmental Protection (KDEP) August 30, 2017 .. 59 USACE September 6, 2017.......................................................................................... 61 Evansville‐Vanderburgh County Area Plan Commission (EVCAPC) February 22, 2018 .............................................................................................................. 62 IDEM February 23, 2018 ............................................................................................. 66 U.S. Fish and Wildlife (USFWS) March 6, 2018 ....................................................... 68 KHC March 12, 2018 ................................................................................................... 69 IDNR‐DHPA March 20, 2018 ..................................................................................... 70 IDNR Division of Fish and Wildlife (IDNR‐DFW) March 26, 2018 ..................... 72 USACE March 26, 2018 ............................................................................................... 74 USEPA March 26, 2018 ............................................................................................... 75 Memorandum April 2, 2018 ....................................................................................... 77 IDNR‐DHPA April 2, 2018 ......................................................................................... 80 Clarification Note for Central Alternative 1: Central Alternatives 1A and 1B as described in the DEIS are physically the same alternative. The only difference between them is that Central Alternative 1A would include tolls on both the new I-69 bridge and on the US 41 bridge. Central Alternative 1B would only include tolls on the new I-69 bridge. Any reference in this document to Central Alternative 1 applies to both Central Alternative 1A and Central Alternative 1B. Appendices From: Prevost, Daniel To: Port, Juliet Subject: FW: I-69 Henderson, Kentucky to Evansville, Indiana (UNCLASSIFIED) Date: Wednesday, May 10, 2017 12:34:52 PM Attachments: 2014 RGP Final RGP No. 001.pdf LRL-2006-259 PN 3 Oct 2010 Mod.pdf LRL-2006-259 General Conditions.doc Please file in Record Docs and Admin Record. -----Original Message----- From: Condra, Norma C CIV USARMY CELRL (US) [mailto:[email protected]] Sent: Wednesday, May 03, 2017 5:21 PM To: Prevost, Daniel <[email protected]> Cc: Snyder, Deborah D CIV USARMY CELRL (US) <[email protected]> Subject: FW: I-69 Henderson, Kentucky to Evansville, Indiana (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Dan, This is in regard to the proposed Interstate 69 extension between Henderson, Kentucky, and Evansville, Indiana, including a bridge over the Ohio River. Representatives from Louisville District attended the Interagency Advisory Committee (IAC) meeting held on April 12, 2017. The following comments are in response to that meeting and a review of the project material provided. 1. Under Section 404 of the Clean Water Act (CWA), the U.S. Army Corps of Engineers (USACE) has jurisdiction over the discharge of fill or dredged material into "waters of the U.S." Under Section 10 of the Rivers And Harbors Act of 1899, USACE has jurisdiction over structures and/or work in or affecting the course, location, condition, or capacity of a navigable water. Based on the materials presented at the IAC meeting, USACE expects that the proposed interstate construction would require Department of Army (DA) authorization under both Section 404 and Section 10. 2. Deb Snyder will be the main POC for USACE, and will handle the permitting of the project that will be in Indiana. Norma Condra will handle permitting for the portions of the project that will be in Kentucky. Please submit complete applications to both project managers. All submittals must be in both hard copy and digital format on a CD. The mailing address and phone number for Deb Snyder is provided below. The mailing address for Norma Condra is U.S. Army Corps of Engineers, Louisville District, Attn: CELRL-RDS, P.O. Box 59, Louisville, KY, 40201-0059. The phone number is (502) 315-6680. 3. The applicant must show that appropriate steps were taken to avoid and minimize impacts to "waters of the U.S." 4. USACE can only permit the least environmentally damaging practicable alternative (LEDPA). 5. DA permits are issued under various forms of authorization, including individual permits, general permits, and letters of permission. The proposed project would impact "waters of the U.S." in Indiana and Kentucky. The Louisville District has issued Indiana Regional General Permit (RGP) No. 1 for impacts in the State of Indiana and the Transportation Letter of Permission (LOP) for impacts in the Commonwealth of Kentucky. 6. In Indiana, the Indiana RGP No. 1 authorizes activities associated with the construction, expansion, modification or improvement of linear transportation projects including any temporary structures, fills, and work necessary. The proposed work must meet the terms and conditions of Indiana RGP. No. 1, which include limiting loss of "waters of the U.S." to less than 0.1 acre and/or 1,500 linear feet of stream channel. Impacts greater than 0.1 acre and/or 1,500 linear feet of stream channel may be authorized under the RGP provided that the impacts are brought to minimal levels through the provision of acceptable mitigation. A copy of the Indiana RGP is provided for your use. Crossings that would have impacts greater than 1 acre in Indiana would be processed as an individual Section 404 CWA permit. 7. For linear projects, the Louisville District considers impacts to "waters of the U.S." at each individual "single and complete crossing" separately. A "single and complete project" is defined as that portion of the total linear project that includes all crossings of a single waterbody at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered as a single and complete crossing. As such, the impacts from each "single and complete crossing" would be evaluated to determine whether or not each one meets the terms and conditions of Indiana RGP No. 1. For crossings with impacts exceeding the limits of the RGP, the impacts would be evaluated as an Individual Section 404 Permit. 8. In Kentucky, the Transportation LOP is used for road projects that would impact up to 7 acres of waters of the U.S. A copy of the Transportation LOP is attached for your use. Please note the pre-application agency coordination requirements. If the total proposed project impacts in Kentucky exceed 7 acres of waters, impacts would be evaluated as an Individual Section 404 permit. Compensatory mitigation for project impacts would be performed by the purchase of stream and/or wetland Adjusted Mitigation Units (AMUs) at the Kentucky Department of Fish and Wildlife Resources (KDFWR) In-Lieu Fee Program. For more information on purchasing AMUs through the KDFWR In-Lieu Fee Program, please contact Mr. Clifford Scott at 502-564-5101, [email protected]. AMUs are calculated by multiplying stream length impact by a ratio based on the stream flow regime and the quality. Stream quality is determined by using the Rapid Bioassessment Protocol (RBP). An additional 20% is added to compensate for temporal loss. Examples of calculating AMUs can be provided upon request. 9. Existing mitigation sites may be within the proposed road alignments in southern Indiana east of Evansville. Thank you for giving us the opportunity to participate in the IAC. For more information regarding the 404 Program, please visit the District website at the address provided below. Deborah Duda Snyder Project Manager U.S. Army Corps of Engineers, Louisville District Indianapolis Regulatory Office 8902 Otis Avenue, Suite S106B Indianapolis, IN 46220 Phone: 317-543-9424 Please visit our website at https://urldefense.proofpoint.com/v2/url?u=http-3A__www.lrl.usace.army.mil&d=CwIFAg&c=Nwf- pp4xtYRe0sCRVM8_LWH54joYF7EKmrYIdfxIq10&r=5DH3ljOgF53pDCd3ITAKgsy7Go1A0RzlD5tp6vBsCBY&m=ai96zLFylOGM2Wd4zrlfBDwptb- PX9ZdH-iMGCF7LeI&s=bsmTyNU6RS1hvaqiQEBTyk9waPYuEIGHWXIb6ayeGgo&e= Click on "How do I...Obtain a permit" Please comment on our service. Our National Customer Service Survey is located at https://urldefense.proofpoint.com/v2/url?u=http- 3A__corpsmapu.usace.army.mil_cm-5Fapex_f-3Fp-3Dregulatory-5Fsurvey&d=CwIFAg&c=Nwf- pp4xtYRe0sCRVM8_LWH54joYF7EKmrYIdfxIq10&r=5DH3ljOgF53pDCd3ITAKgsy7Go1A0RzlD5tp6vBsCBY&m=ai96zLFylOGM2Wd4zrlfBDwptb- PX9ZdH-iMGCF7LeI&s=MvV0HiyVOr_CaoahpNoJt-WO2sA9wEGGNmohjT7aoT4&e= CLASSIFICATION: UNCLASSIFIED Public Notice Public Notice No. Date:
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