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CORREPONDENCE WITH INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FOR RULE 5 PERMIT APPROVAL
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CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

Jul 07, 2020

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Page 1: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

CORREPONDENCE WITH INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FOR RULE 5 PERMIT

APPROVAL

Page 2: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

(RULE 5 PERMIT NOTICE OF INTENT TO BE INSERTED HERE ONCE SUBMITTED TO IDEM)

Page 3: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 4: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 5: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 6: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 7: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 8: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 9: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

CORREPONDENCE WITH INDIANA DEPARTMENT OF NATURAL RESOURCES FOR FLOODWAY

CONSTRUCTION APPROVAL

Page 10: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
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file:///P|/...-Mill%20Creek-Clark%20County%20(Clarksville%20WWTP%20Expansion%20and%20Effluent%20Line%20Project)%20.htm[8/24/2012 11:52:53 AM]

From: Water Inquiry [[email protected]]Sent: Tuesday, July 24, 2012 2:09 PMTo: [email protected]: [email protected]: FW: Acknowledgement of Application: FW-26828-Mill Creek-Clark County (Clarksville WWTP Expansionand Effluent Line Project)

Attachments: Special announcement notice.pdf; FW-26828.pdfSubject: Acknowledgement of Application: FW-26828-Mill Creek-Clark County (Clarksville WWTP Expansion and Effluent LineProject)

This is to acknowledge receipt of your application that was received at the Division of Water. Attached to thisemail is an Application Receipt Acknowledgement Notice. Please reference the application number shown on theupper left hand corner of the Application Receipt Acknowledgement Notice for submitting any additionaldocumentation. Due to a new practice of providing Application Receipt Acknowledgement Notices by email, you will not receive acopy of this notice by regular U.S. postal mail. Please refer to the attached Special Email Announcement fordetails about this new notification procedure. If you can not open the attachments, please contact the Division ofWater by email at [email protected] or by telephone at toll free 1-877-928-3755 or 1-317-232-4160 andselect 5 from the main menu to speak to a staff person in the Administrative Section.

Public Notice InformationYou are required by IC 14-11-4 and 312 IAC 2-3-3 to provide public notice to any adjacent landowners. You canaccess the necessary forms and instructions on our website at the following links:Public Notice Requirements and Instructions - http://www.in.gov/dnr/water/4948.htmPublic Notice form - http://www.in.gov/dnr/water/2450.htm, select form # 50354Adjacent Property Owners Listing form # 52086 - digital version is http://www.in.gov/dnr/water/files/52086.doc orhttp://www.in.gov/icpr/webfile/formsdiv/52086.pdf Public notice can not be provided to adjacent landowners until the application is received at the Division of Water. Therefore, if you have provided public notice prior to the Division receiving your application, you will be required tocomplete the public notice process again. More information concerning this administrative ruling can be found onour website at http://www.in.gov/dnr/water/files/pn2005changes.pdf If you have any questions about Public Notice, please contact our Technical Services at (317) 232-4160 or toll freeat (877) 928-3755 and select 1 from the main menu to speak to a staff person in the Technical Services Section.

Page 12: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

Be advised that this notice is not a permit nor an authorization to proceed with the project. It shouldnot be construed as a waiver of the provisions or requirements of any other state, federal, or localregulatory activity.

Dear Applicant:

Responsibility Staff Telephone and Fax #

Agency Telephone #

Applicant: Agent:

On July 23, 2012, the Division of Water received your permit application under the Flood ControlAct, IC 14-28-1, with the associated Flood Hazard Area Rule, 312 IAC 10. Your application hasbeen logged into our database under the application # listed above. Department staff will reviewyour application to determine if additional administrative, technical, or environmental informationis required. If additional information is needed to complete our assessments, you will be notifiedby mail at a later date.

You can monitor the progress of your application on the Division of Water's web page athttp://www.in.gov/dnr/water/. If you have any questions regarding the status of your application,please contact us at the address shown above or at one of the following telephone numbers. Refer to application # FW-26828 in all correspondence with the Department.

In addition to a permit from the Department of Natural Resources, you may also be required toobtain a permit from, or coordinate with, the following agencies. Contact with these agencies isyour responsibility.

Indiana Department of Environmental ManagementLocal city or county planning or zoning commission

(317) 233-8488 or (800) 451-6027

Assigned to TSC South Basin (317) 232-4160, 233-4579

Town of ClarksvilleBrittany Montgomery2000 Broadway StreetClarksville, IN 47129

Redwing Ecological ServicesIncorporatedBradley M Anderson, PE1139 South Fourth StreetLouisville, KY 40203-3155

Indiana Department of Natural Resources / Division of Water

Application Receipt Acknowledgement

Notice Date July 23, 2012Division of WaterRoom W264402 West Washington StreetIndianapolis, IN 46204

(877) 928-3755

:

(317) 232-4160

(317) 233-4579

Toll Free # :Telephone # :FAX# :

TypeApplication # FW-26828

Stream Mill Creek

Construction in a floodway:

:

:

pc: Redwing Ecological Services Incorporated

Page 13: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 14: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 15: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 16: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

CORREPONDENCE WITH INDIANA DEPARTMENT OF NATURAL RESOURCES – DIVISION OF NATURE

PRESERVES AS PART OF SECTION 401 APPROVAL FROM IDEM

Page 17: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 18: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

file:///P|/...20Nature%20Preserves/IDNR%20Request%20for%20Additional%20information%20from%20Redwing%20on%207-27-12.htm[8/24/2012 11:54:11 AM]

From: Benjamin Deetsch [[email protected]]Sent: Thursday, July 26, 2012 4:42 PMTo: [email protected]: 'Brad Anderson'Subject: ETR review

Attachments: IDNR coordination response letter.pdf; Site Location (Figure 1).pdf; Aerial (Figure 2).pdf; SitePhotos.pdfRedwing Ecological Services, Inc. (Redwing), on behalf of the Town of Clarksville (Town), is requesting additional information fromthe Indiana Department of Natural Resources in regard to the state endangered black-crowned night-heron (Nycticoraxnycticorax). This information is requested in support of the proposed Clarksville Waste Water Treatment Plant (WWTP) Expansionand Effluent Line Replacement Project (Project) in Clark County, Indiana (Figure 1). The purpose of the Project is to expand theexisting Clarksville WWTP that is nearing capacity and to replace an existing, aging effluent line that is undersized and damaged. The Project consists of two distinct study areas, the WWTP expansion study area and the effluent line replacement study area. The WWTP expansion study area is approximately 7.5 acres in size and is located adjacent to the existing WWTP. The WWTPexpansion study area consists of a former town park with picnic and athletic facilities including an athletic field and walking track(Figure 2). Habitat found here is typical of a park setting and includes maintained lawn with scattered trees ranging in age fromyoung to mature. This area is located outside of the floodway and no jurisdictional waters are located within the proposed WWTPexpansion study area. The effluent line replacement study area is a linear project that begins at the existing WWTP and extends south approximately1,550 feet, within a varying-width corridor that terminates at Mill Creek. The effluent line replacement study area is dominated byyoung to mature wooded habitat with smaller areas of herbaceous and scrub/shrub habitat (Figure 2). Jurisdictional waters withinthe effluent line replacement study area include approximately 284 feet (0.014 acre) of ephemeral stream, 359 feet (0.021 acre) ofdegraded, urbanized intermittent stream, 520 feet (0.24 acre) of perennial stream (Mill Creek), and 1.31 acres of emergent andforested wetland. The southern approximately 550 feet of the effluent line replacement corridor study area are located within thefloodway.

Proposed project activities include:

· The existing WWTP facility will be expanded to the southeast within the former town park property. No impacts tojurisdictional waters are proposed within the WWTP expansion site.

· The new effluent line will be installed and will discharge into a flow/energy dissipation feature prior to flowing into Mill

Creek. · The flow/energy dissipation feature will be constructed and will include an approximately 0.5-acre dissipation basin,

followed by approximately 150 feet of a step-pool channel.

· The project will not involve any impacts to wetlands or intermittent streams.

· There will be temporary impacts to one ephemeral stream, Ephemeral 2.

· Approximately 60 feet of streambank along Mill Creek will be regraded.

· To complete the effluent line installation and flow/energy dissipation feature, approximately 1.5 acre of area within thefloodway will be cleared and disturbed.

· Tree clearing within the project boundary will be limited to the few scattered trees within the WWTP expansion study areaand those within the temporary effluent line construction easement.

Attached is the coordination response letter Redwing received from Mr. Ron Hellmich on May 23, 2012 that recommendedcontacting your office. Additionally, I have attached a Site Location topographic map (Figure 1) and an Aerial photograph of thesite (Figure 2) along with several photos of the site.

Page 19: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

file:///P|/...20Nature%20Preserves/IDNR%20Request%20for%20Additional%20information%20from%20Redwing%20on%207-27-12.htm[8/24/2012 11:54:11 AM]

Please contact Brad Anderson or Benjamin Deetsch of Redwing at (502) 625-3009 with any questions during your review. Thanks,Ben Benjamin DeetschStaff EcologistRedwing Ecological Services, Inc1139 South Fourth StreetLouisville, KY 40203 phone - 502 625-3009fax - 502 625-3077cell - 502 644-0815

Page 20: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

May 23, 2012

An Equal Opportunity Employer

Bradley M. Anderson, PE, LEED AP

Redwing Ecological Services, Inc.

1139 South Fourth Street

Louisville, KY 40203

Dear Bradley Anderson:

I am responding to your request for information on the endangered,

threatened, or rare (ETR) species, high quality natural communities, and

natural areas documented from the Clarksville WWTP Expansion and

Effluent Line Replacement Project, Clarksville, Indiana. The Indiana

Natural Heritage Data Center has been checked and following you will

find information on the ETR species documented within 0.5 mile of the

project area.

1. The state endangered bird Nycticorax nycticorax, black-crowned night-heron, was documented in 1985 in the area “bounded by

Silver Creek, SR 62 and the Ohio River.”

For more information on the animal species mentioned, please contact

Christie Stanifer, Environmental Coordinator, Division of Fish and

Wildlife, 402 W. Washington Room W273, Indianapolis, Indiana 46204,

(317)232-8163.

The information I am providing does not preclude the requirement for

further consultation with the U.S. Fish and Wildlife Service as

required under Section 7 of the Endangered Species Act of 1973. If

you have concerns about potential Endangered Species Act issues you

should contact the Service at their Bloomington, Indiana office.

U.S. Fish and Wildlife Service

620 South Walker St.

Bloomington, Indiana 47403-2121

812-334-4261

At some point, you may need to contact the Department of Natural

Resources' Environmental Review Coordinator so that other divisions

within the department have the opportunity to review your proposal.

Mitchell E. Daniels, Jr., Governor Robert E. Carter, Jr., Director

Division of Nature Preserves

402 W. Washington St., Rm W267 Indianapolis, IN 46204-2739

Page 21: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

Bradley Anderson 2 May 23, 2012

An Equal Opportunity Employer

For more information, please contact:

Department of Natural Resources

attn: Christie Stanifer

Environmental Coordinator

Division of Fish and Wildlife

402 W. Washington Street, Room W273

Indianapolis, IN 46204

(317)232-8163

Please note that the Indiana Natural Heritage Data Center relies on the

observations of many individuals for our data. In most cases, the

information is not the result of comprehensive field surveys conducted

at particular sites. Therefore, our statement that there are no

documented significant natural features at a site should not be

interpreted to mean that the site does not support special plants or

animals.

Due to the dynamic nature and sensitivity of the data, this information

should not be used for any project other than that for which it was

originally intended. It may be necessary for you to request updated

material from us in order to base your planning decisions on the most

current information.

Thank you for contacting the Indiana Natural Heritage Data Center. You

may reach me at (317)232-8059 if you have any questions or need

additional information.

Sincerely,

Ronald P. Hellmich

Indiana Natural Heritage Data Center

Page 22: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 23: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009
Page 24: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

CORREPONDENCE WITH U.S. FISH AND WILDLIFE SERVICES AS PART OF SECTION 7 APPROVAL UNDER

THE ENDANGERED SPECIES ACT

Page 25: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

file:///P|/...%20Correspondence/USFWS/USFWS%20comment-concurrence%20e-mail%20to%20USACE%20-%20received%208-17-12.txt[8/24/2012 11:54:56 AM]

From: Condra, Norma C LRL [[email protected]]Sent: Friday, August 17, 2012 1:00 PMTo: Brad AndersonSubject: FW: Clark County Wastewater Treatment Plant (WWTP) Expansionand Effluent Line Replacement, LRL-2012-586-ncc

Attachments: ecblank.gif; pic27007.gif; graycol.gif

Brad,

Here is a copy of the USFWS comments regarding the Clark WWTP Expansion and Effluent Line Replacement Project.

Thanks.Norma

From: [email protected] [mailto:[email protected]]Sent: Friday, August 17, 2012 10:17 AMTo: Condra, Norma C LRLSubject: RE: Clark County Wastewater Treatment Plant (WWTP) Expansion and Effluent Line Replacement, LRL-2012-586-ncc

In that case I think my previous comments, as per your email attachment are adequate with a few modifications, below.

1. Locate the sewer line to minimize tree removal and avoid large trees with good wildlife habitat quality.

2. Revegetate disturbed soils in the sewer line easement with native species after construction, using trees and shrubs in all areas of the construction footprint that are not needed for maintenance.

3. Avoid work in Mill Creek during fish spawning season (April 1 - June 30).

Endangered Species

The project site is within the range of the federally endangered Indiana bat (Myotis sodalis), gray bat (M. grisescens), and sheepnose mussel (Plethobasus cyphyus). If tree removal is avoided from April 1 through September 30 to prevent possible disturbance of an occupied Indiana bat roost tree, the project is not likely to adversely affect these listed species.

Michael LitwinUS Fish and Wildlife Service620 South Walker StreetBloomington, IN 47403(812) 334-4261 ext. 205

Page 26: CORREPONDENCE WITH INDIANA DEPARTMENT OF …...Ben Benjamin Deetsch Staff Ecologist Redwing Ecological Services, Inc 1139 South Fourth Street Louisville, KY 40203 phone - 502 625-3009

Memo to File From: Brandon Bratcher, FEMA Region V Environmental Protection Specialist Date: August 28, 2012 Subject: Section 7 Endangered Species Act Consultation – Clarksville WWTP

Expansion and Effluent Line Replacement Project 1997.664. The Federal Emergency Management Agency (FEMA) and sub-applicant have prepared an Environmental Assessment (EA) for the Clarksville Waste Water Treatment Plant (WWTP) Expansion and Effluent Line Replacement Project in the Town of Clarksville, Clark County, Indiana. The Clarksville Wastewater Treatment Department proposes the use of federal funding to relocate an effluent line damaged during the severe storms, tornadoes, straight-line winds and flooding occurring in April 2011. This improved project would involve the installation of a 545 linear foot effluent line. The final 200 feet of the line would include a detention pond and boulder step channel constituting an energy dissipater system to reduce the speed of the effluent before it joins Mill Creek. The Town proposes to expand the existing WWTP to provide treatment capacity for stormwater during wet weather events; however, expansion and renovation of the existing plant is also needed to meet more stringent regulatory thresholds for discharge to Mill Creek. In compliance with Section 7 of the Endangered Species Act, a review of the potential impacts to federally-listed endangered, threatened and candidate species has been completed. According to the U.S. Fish and Wildlife technical assistance website, the following federally-listed species are known to occur in Clark County: Gray bat, Indiana bat, and Sheepnose Mussel. Habitat for federally-protected species in the Clarksville WWTP Expansion and Effluent Line Replacement Project area is limited to potential summer roosting/foraging habitat for the Indiana bat and summer foraging habitat for the gray bat. The proposed project includes clearing scattered trees and shrubs within the WWTP expansion area and wooded habitat within the effluent line replacement study area to install the new effluent pipe and associated features. Tree clearing activities are proposed to take place between October 1, 2012 and March 31, 2013. Based on the amount of tree clearing proposed, the observance of appropriate tree clearing dates, the proposed erosion prevention/sediment control measures, and the lack of habitat for federally-listed mussels within the study areas, FEMA has determined that the project is not likely to adversely affect federally-listed species and/or habitat.

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file:///P|/...cy%20Correspondence/USFWS/USFWS%20response%20email%20to%20clarification%20requests%201%20and%202%20-%206-27-12.htm[8/24/2012 11:55:40 AM]

From: Benjamin Deetsch [[email protected]]Sent: Wednesday, June 27, 2012 11:11 AMTo: 'Brad Anderson'Subject: FW: Request for Informal Consultation

Attachments: pic04414.gif From: [email protected] [mailto:[email protected]] Sent: Wednesday, June 27, 2012 11:04 AMTo: Benjamin DeetschSubject: Re: Request for Informal Consultation

Your correct that the allowed tree clearing dates in Indiana are October 1 through March 31.

We can only concur on Section 7 conclusions with a federal agency or their official delegate -- in this case that would be theCorps of Engineers, when we comment on the 404 permit. This email is saying that if they implement the seasonal restriction(and assuming project plans don't change significantly between now and then) we will concur with "not likely to adverselyaffect".

Michael LitwinUS Fish and Wildlife Service620 South Walker StreetBloomington, IN 47403(812) 334-4261 ext. 205

"Benjamin Deetsch" <[email protected]>

"Benjamin Deetsch"<[email protected]>

06/27/2012 10:49 AM

To<[email protected]>cc"'Brad Anderson'" <[email protected]>

SubjectRequest for Informal Consultation

Hey Mike,One more thing. Can we consider this email as your concurrence that this project will not impact any federally listed speciesor is a more formal response coming. Thanks, Ben

From: Benjamin Deetsch [mailto:[email protected]] Sent: Wednesday, June 27, 2012 10:08 AMTo: '[email protected]'Cc: 'Brad Anderson'; 'Matt Blake'; '[email protected]'Subject: RE: Request for Informal Consultation

Thanks for looking through this. So I can assume then that the dates I included in the Request for Informal Consultation arethe ones the Services follows? If not please straighten me out. I need this information to properly advise the client of theiroptions.

In response to the second paragraph in your email. The permitting process is underway with the entities you mention and awetland delineation has been performed.

I mentioned the PS portion of your email regarding the Lentzier Creek Project to the Project Manager, Matt Blake([email protected]) and let him know you would be contacting him soon.

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file:///P|/...cy%20Correspondence/USFWS/USFWS%20response%20email%20to%20clarification%20requests%201%20and%202%20-%206-27-12.htm[8/24/2012 11:55:40 AM]

From: [email protected] [mailto:[email protected]] Sent: Wednesday, June 27, 2012 9:23 AMTo: Benjamin DeetschSubject: Re: Request for Informal Consultation

Ben

As you pointed out in your letter, there are no Indiana bat hibernanula near the project site (the nearest is at least25 miles away). Due to the relatively small amount of tree removal a seasonal tree clearing restriction would beadequate to protect the Indiana bat. The site is over 6 miles from the gray bat summer roosting colony, but theyare known to use Silver Creek for foraging, and may be using Mill Creek as well. There would be no endangeredSpecies Act issues provided that there are no major alterations to the stream's aquatic insect production capabilityor to its riparian corridor.

There are some other issues that I should mention. The NWI maps show a large wetland at the south end of theeffluent line replacement corridor; a wetland delineation would be necessary, and possible permits from the Corpsof Engineers and IDEM (as well as a floodway permit from IDNR). We strongly recommend that the sewer linereplacement be installed outside of the riparian tree line if there is room, and at a minimum it should be at least25 feet from the top of the stream bank. I would have similar comments for the Corps and IDEM permits.

Is this email response adequate for your purposes?

Michael LitwinUS Fish and Wildlife Service620 South Walker StreetBloomington, IN 47403(812) 334-4261 ext. 205

PS: As I looked through my mail backlog yesterday I also saw a letter from you for a much larger sewer lineproject along Lentzier Creek in Jeffersonville. You didn't mention that project in your phone call; it has biggerissues and I will plan on sending a written response.

"Benjamin Deetsch" <[email protected]>

"Benjamin Deetsch"<[email protected]>

06/22/2012 04:30 PM

To<[email protected]>

cc"'Brad Anderson'"<[email protected]>

SubjectRequest for InformalConsultation

Hello Mr. Litwin,

Attached is a Request for Informal Consultation for a proposed project in Clark County, Indiana. Consultationwith the USACE has already begun. One hardcopy of this document is being put in the mail this afternoon and

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file:///P|/...cy%20Correspondence/USFWS/USFWS%20response%20email%20to%20clarification%20requests%201%20and%202%20-%206-27-12.htm[8/24/2012 11:55:40 AM]

sent to you for your records. Let me know if you need any additional information, Ben

Benjamin DeetschStaff EcologistRedwing Ecological Services, Inc1139 South Fourth StreetLouisville, KY 40203phone - 502 625-3009fax - 502 625-3077cell - 502 644-0815[attachment "USFWS Request for Informal Consultation.pdf" deleted by Michael Litwin/R3/FWS/DOI]

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CORREPONDENCE WITH FEDERAL EMERGENCY MANAGEMENT AGENCY AND INDIANA STATE

HISTORIC PRESERVATION OFFICE AS PART OF SECTION 106 APPROVAL UNDER THE NATIONAL

HISTORIC PRESERVATION ACT

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Brad Anderson

From: Bratcher, Brandon [[email protected]]

Sent: Tuesday, July 31, 2012 5:03 PM

To: Brad Anderson

Subject: RE: EA example

Page 1 of 2

8/3/2012

From: Bratcher, Brandon [mailto:[email protected]]

Sent: Tuesday, July 31, 2012 4:48 PM To: Brad Anderson

Cc: [email protected] Subject: RE: EA example Brad: You are correct. We look forward to seeing the draft and sending any comments we have. A SHPO consultation (with arch. surveys) was sent July 9, 2012. On July 10, 2012, THPO letters (summarizing the survey results, but without the physical surveys) were sent to:

• George Strack, Tribal Historic Preservation Officer Miami Tribe of Oklahoma

• John P. Froman, Chief

Peoria Tribe of Indians of Oklahoma

• Henryetta Ellis, Tribal Historic Preservation Officer Absentee Shawnee Tribe of Oklahoma

• Robin Dushane, Cultural Resources Director

Eastern Shawnee Tribe of Oklahoma

• Ron Sparkman, Chairman Shawnee Tribe

• Mark Parrish, Tribal Historic Preservation Officer

Pokagon Band of Potawatomi Indians So far, we’ve received no response from SHPO or THPOs. Thanks for the update.

B. L. Bratcher Environmental Protection Specialist Department of Homeland Security Office: (312) 408-4493 Blackberry: (312) 241-7379

From: Brad Anderson [mailto:[email protected]]

Sent: Tuesday, July 31, 2012 3:27 PM To: Bratcher, Brandon

Cc: [email protected] Subject: RE: EA example

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Brandon, Thanks for checking in. We hope to have “draft” EA Report finished tomorrow and submitted to the Town of Clarksville for review on Thursday, 8/2. We then hope to send out the EA Report to FEMA on Friday, 8/3. If I understood correctly from the phone conference call we had on June 28, 2012, we are supposed to submit the EA Report to FEMA in “draft” for review and comment first. Then, once we address FEMA’s comments, we will submit the EA Report as final. Is my understanding correct? If so, what individuals at FEMA do we need to send the “draft” EA Report to for review and comment? Also – It is my understanding that the Phase 1A Archaeology and Historic Survey Reports have been forwarded by FEMA to Indiana SHPO. Do you know if Reports were sent out for Tribal Consultation? If they have been, can you provide me with some details as to when the Reports were submitted and to what Tribe Associations for inclusion in Subsection 3.5.3 of the EA Report? Thanks for your help! Brad Bradley M. Anderson, PE, LEED AP Senior Engineer Redwing Ecological Services, Inc. 1139 South Fourth Street Louisville, KY 40203 502-625-3009 502-625-3077 fax 502-475-8145 mobile [email protected]

Page 2 of 2

8/3/2012

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CORREPONDENCE WITH TOWN OF CLARKSVILLE FOR LOCAL FLOODPLAIN DEVELOPMENT

PERMIT APPROVAL

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(A COPY OF THE LOCAL FLOODPLAIN APPLICATION TO BE INSERTED HERE ONCE SUBMITTED TO THE

TOWN OF CLARKSVILLE)

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REQUEST FOR JURISDICTIONAL DETERMINATION

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file:///P|/...pondence/Jurisdictional%20Determination/submittal%20of%20signed%20prelim%20JD%20to%20USACE%20on%208-3-12.txt[8/24/2012 11:58:46 AM]

From: Brad Anderson [[email protected]]Sent: Friday, August 03, 2012 1:15 PMTo: 'Condra, Norma C LRL'Subject: RE: Clarksville WWTP Expansion and Effluent Line, Clark Co

Attachments: preliminary JD - Clarksville WWTP - signed by Redwing on8-3-12.pdf; Revised water-wetland location map per USACE visit on8-2-12.pdf

Norma,

Please find attached a PDF copy of the signed preliminary JD form for the Clarksville WWTP Expansion and Effluent Line Replacement Project. I have made the necessary revisions to the form per our site visit yesterday. I have also provided a PDF copy of the revised Water/Wetland Location Map. Please let me know if you have any questions or if you need additional information.

Thanks,Brad

-----Original Message-----From: Condra, Norma C LRL [mailto:[email protected]]Sent: Friday, August 03, 2012 11:51 AMTo: McMahan, AaronCc: Brad AndersonSubject: RE: Clarksville WWTP Expansion and Effluent Line, Clark Co

Hi Aaron,

I conducted a site inspection at the subject project site yesterday to verify the wetlands, and the points you raised in your last email. The intermittent stream that is not being impacted was found to be a perennial stream, but other than that, I agree with the delineation that was submitted by Redwing. Brad Anderson will be revising the preliminary JD and will forward the revised form to me for approval.

Please let me know if you need anything else from the Corps.

Thanks.Norma

-----Original Message-----From: McMahan, Aaron [mailto:[email protected]]Sent: Monday, July 23, 2012 4:05 PMTo: Brad AndersonCc: Condra, Norma C LRLSubject: Clarksville WWTP Expansion and Effluent Line, Clark Co

Brad- I have completed my initial review of the RGP notification and have the following questions/requests:

1. Because there are jurisdictional waters involved I will need some type of correspondence from the Corp which accepts your delineation. This could be a signed Pre-JD or the permit approval letter.2. As we discussed I am concerned with a few of your data points. Specifically please have a look at DP-9, DP-11, and DP-13. Unless I am reading these wrong, it looks like you meet the F3 soil indicator with DP 11 and DP 13 which in one case would expand the wetland size. Ultimately the Corp will need to sign off on the delineation, but these were

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file:///P|/...pondence/Jurisdictional%20Determination/submittal%20of%20signed%20prelim%20JD%20to%20USACE%20on%208-3-12.txt[8/24/2012 11:58:46 AM]

just things I came across during my review.3. It appears you had a ETR species hit from the IDNR natural heritage database search so you will need to contact Christie Stanifer per the letter for follow up.

I received your RGP submittal on July 9 and have 30 days to make a decision. Please provide the requested items within the review timeframe or the application will be considered out-of-scope. Let me know if you have any questions.

Aaron McMahanIDEM- Office of Water Quality,Wetlands & Stormwater100 North Senate AveIGCN 1255Indianapolis, IN 46204

Tel: (317) 234-6351Fax: (317) 234-4145E-mail: [email protected]

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