Public Notice 2019-1403
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This purpose of this public notice is to solicit comments on the proposed project. POC: Sean Dillard, Telephone: 309/794-5379 PUBLIC NOTICE US Army Corps of Engineers Rock Island District Applicant: Dubuque County Conservation Board Date: December 12, 2019 Expires: January 10, 2020 CEMVR-OD-P-2019-1403 Section 404 Joint Public Notice US Army Corps of Engineers Iowa Department of Natural Resources 1. Applicant: Dubuque County Conservation Board, c/o Brian Preston of the, 13606 Swiss Valley Road. Peosta, Iowa 52068. 2. Project Location: Little Maquoketa River, Section 31, Township 89 North, Range 1 East, Dubuque County, Iowa: UTM NAD-83 Zone15, Lat: 42.482539, Long: -90.895516. 3. Project Description and Purpose: The applicant proposes to stabilize an existing 1,700 feetof vertical cut bank along the north streambank of Little Maquoketa River at the Miller/McGrath Wildlife Area. The streambanks will be excavated to a 4: 1 slope and the materials excavated will either be transported to an upland site or spread along agricultural fields adjacent to the project area. Rock riprap will be placed two feetabove and below the toe of the bank slope. Earth fill will be placed eight inches deep over the rock to extend to the water surfaceelevation. The excavated area will be seeded with native prairie and a double netted straw blanket will be installed according to the manufacturerrecommendation. Natural Resource Conservation Service (NRCS), drawings are being used but no NRCS funding or technical service is involved in the project. The purpose of this project is to minimize future erosional damage, prevent the loss of land or land uses adjacent to Little Maquoketa River due to anticipated future high water events, and minimize finesediments that are currently being washed downstream of the project area. Wetland impacts are not anticipated. Stream mitigation will not be required due to the nature of the project. 4. Avoidance and Minimization: The only avoidance measures considered by the applicant are "No Action" and "Proceed as originally planned." The applicant's project description and purpose is meant to reduce erosion and if allowed to proceed as planned should decrease sediment deposits while simultaneously increasing water quality of Little Maquoketa River. The Applicant's project plans also minimize impacts to Waters of the United States by applying riprap only on the north shore of the stream and not both shorelines of Little Maquoketa River within the project area. 5. Agency Review. a. Department of the Army, Corps of Engineers. The Department of the Army application is being processed underthe provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344). CEMVR-OD-P-2019-1403 - Dubuque County Conservation Board b.oState oflowa. The project plans have been submitted to the Iowa Department of Naturalo Resources (IDNR) forstate certificationof the proposed work in accordancewith Section 401 of the Clean Water Act. The certification, if issued, will express the Department's opinionthat the proposed activity will comply with Iowa's water quality standards (Chapter 61 IAC). The applicant has also applied forauthorization of work in the floodplainpursuant to Chapter 455B of the Iowa Code and other applicable state pen:i:lits. Written comments concerningpossible impacts to waters of Iowa should be addressed to: Iowa Department of Natural Resources. 502 East 9th Street. Des Moines, Iowa 50319. A copy of the comments should be provided to the Corps of Engineers office (see paragraph 11. of this public notice foraddress). 6.oHistorical/Archaeological. The District Archaeologistconsulted with the Iowa I-Sites onlineo geographic information systems archeological site and survey databases' and determined the permito area has not been surveyed. In addition, the soils survey, topo and LiDAR maps were consulted.o An overlay of the topo map and the current aerial photo the project area appears to be located insideo the active meander belt of Little Maquaketa River. The vast majority of the soil typesmaking upo the permit areato be Camp Creek deposits or even yOlmgerudifluvent soils. Based on thiso informationit is the opinion of the District Archaeologistthere will be no historic propertieso affected because "the nature, scope, and magnitude of the work, and/or structures to be pennittedo are such that there is littlelikelihood that a historic property exists or may be affected" (33 CFRo Part 325, Appendix C.3.b).o 7.oEndangered Species.o a.oDistrict staffhas performedapreliminaty review of this application forthe potential impact ono threatened or endangered species pursuant to Section 7 of the Endangered Species Act as amended. The following all have potential habitat in Dubuque County, Iowa. - Northern Long-eared bat (Myotis septentrionalis), Higginseye pearlymussel (Lampsilis higginsii), Spectaclecase mussel ( Cumberlcmdia monodonta), Iowa Pleistocene Snail (Discus macclintocki), NorthernWild Monkshood (Aconitum noveboracense), Prairie Bush-clover (Lespedezaleptostachya), - WesternPrairie Fringed Orchid (Platanthera praeclara) b.oNo critical habitats are listed within the project area. The project site is not on the Mississippio River, nor does it involve wet prairies or sedge meadows. So neither listed mussel species nor listed plant species should be affected. Our preliminary detenninationis that this project is "no effect"to federally endangered species or critical habitat. Weare coordinating this application with the Fish and Wildlife Servicesthrough this public notice. Accordingly, our preliminary determination is subjectto change should furtherinformation become available. 8.oDredge/FillMaterial Guidelines. The evaluation of the impact of the proposed activity on theo public interest will also include applicationof the guidelines promulgatedby the Administrator ofo the United States EnvironmentalProtection Agency under authority of Section 404(b) ofthe Cleano Water Act (40 CFRPart 230).o 2 CEMVR-OD-P-2019-1403 - Dubuque County Conservation Board 9. Public Interest Review. The decision whether to issue the Corps permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern forboth protection and utilization of important resources. The benefit which reasonably may be expected to accrue fromthe proposal must be balanced against its reasonably foreseeabledetriments. All factors which may be relevant to the proposal will be considered including the cumulative effectsthereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, 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 production and, in general, the needs and welfareof the people. 10. Who Should Reply. The Corps of Engineers is soliciting comments fromthe 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 forthis 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 fora public hearing and to determine the overall public interest of the proposed activity. These statements should be submitted on or beforethe expiration date specifiedat the top of page 1. These statements should bear upon the adequacy of plans and suitability of locations and should, if appropriate, suggest any changes considered desirable. 11. Public Hearing Requests. Any person may request, in writing, within the comment period specifiedin this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons forholding a public hearing. A request may be denied if substantive reasons forholding a hearing are not provided. 12. Reply to the Corps. Comments concerningthe Corps permit should be addressed to the US Army Corpsof Engineers, Rock Island District, Attn: OD-P (S. Dillard), Clock Tower Building - Post OfficeBox 2004, Rock Island, Illinois 61204-2004. Mr. Sean Dillard may be contacted for additional informationat (309) 794-5379 or email at [email protected]. � /q /L � Attach ror (Mr. ,--Matthew�� A. pZehr -� Plan Iowa Section Chief Regulatory Division Drawing Map I of 3 - Project Location Map Drawing 2 of 3 - Project Area Map Drawing 3 of 3 - Riprap Details REQUEST TO POSTMASTERS: Please post this notice NOTICE TO EDITORS: This notice is provided as background conspicuously and continuously until the expiration date specifiedat information for your use in formatting news stories. This notice is the top of page I. not a contract forclassified display advertising 3 MILLER MCGRATH STREAM PROJECT LOCATION CEMVR-OD-P-2019-1403 Sheet 1 of3 Project Location Map MILLER MCGRATH PROJECT LOCATION CEMVR-OD-P-2019-1403 Sheet 2 of3 Project Area Map LOCATION CEMVR-OD-P-2019-1403 Sheet3 of3 Riprap Details TABLE OF QUANTITIES Ci f STANDARD DWG. NC. f.A--1450-,A,3 0� 580 Tee R_o"ck I OF J DATE Au,7 2017 I SHEET ------ - _____ ..__ .tt,r:.s !'-/QTFs_, l.- R'1ck l'iprop· ·sf;r:1/ _.�:;-,'Tf�rm to 10.wo NRCS CtJ.ns!r.,J,;:tiO� Sp_!!!:.ilit:.c!i'a,-, IA-QLciJSE !?(;Cl( RIPP.A?_ £:roslan CO.rdr'1-l !3fonk.et sq. yd. 2. Keywc:,ys - shaft t,s t:orr.:r(hlf:/�r::t i, miruin(Jm of· 4 /e�t lhf:;k os m�asI.1r�d p�rp�-'1�kidar te; tile d�!:1"';� s/iJp�. Ke;rw!7µ Sh(tll b� p/QC�d af the ..rps(ream and (lawn�t�om ttr.d ol (htJ profar:t. 4. Prodi.Jr::.fli. a";r.;1io!JI�.