Henry County Engineer Timothy J. Schumm, P.E., P.S. 1823 Oakwood Avenue, Napoleon, Ohio 43545 E-mail: [email protected] Website: www.henrycountyengineer.com September 22, 2016 Mr. James Zehringer, Director Ohio Department of Natural Resources 2045 Morse Road Columbus, Ohio 43229-6693 Subject: Re: Official with Jurisdiction (OWJ) Concurrence HEN – New Maumee River Crossing Project (PID 22984) Dear Mr. Zehringer: The Henry County Engineer proposes to construct a new bridge over the Maumee River in the City of Napoleon and Harrison Township in Henry County, Ohio. The new structure will connect State Route (SR) 110 on the south side of the river to the existing T-intersection of SR 424/Industrial Drive on the north. The new proposed structure will meet current design standards, with two 11’0” lanes with 2’0” (minimum) wide shoulders and a 6’0” sidewalk on the west (upstream) side of the bridge. The anticipated start of construction is spring of 2018 and will last approximately 18 months. Description of Section 4(f) Property The Maumee River is designated as a State Scenic and Recreational River by the Ohio Department of Natural Resources (ODNR) under the State Scenic Rivers Act of 1968, and is therefore a recognized 4(f) property. The river is heavily used in this location by boaters with a variety of boat sizes, especially during Ohio’s prime boating months from May through September. The river is approximately 820’ wide at the project location and ranges in depth from approximately 5’9” in the summer months (which is most of the construction season) to 11’0” at Ordinary High Water Mark (OHWM). The nearest ODNR-owned boat ramp for river access is upstream approximately 2.5 miles from the project location at the Meyerholtz Maumee River Access. Private property owners along the river may own docks for their own boats. Impacts to the Section 4(f) Property No permanent restrictions to recreation activities that occur on the Maumee River (or to the Miami, Wabash & Erie Canal Trail, which follows the north bank of the river in this location) are anticipated as a result of this project. Temporary impacts are expected to include limiting boating access under the structure during construction of the new bridge. No navigational closures of the river are expected, however, a temporary causeway in the river is proposed to facilitate construction activities. This would normally completely obstruct boat traffic under the bridge during construction but, due to the nature of the river at this location, a causeway will be utilized with a staggered design. This allows for the facilitation of a safe boating channel under the bridge during most of the construction time. Some limited closures may be required during the placement of the causeway and at several specific points during construction for the safety of boaters and workers. Due to the use of federal funds, the proposed transportation project is subject to the requirements of Section 4(f) of the Department of Transportation (DOT) Act of 1966, which affords protection to publicly-owned parks, recreation areas, and wildlife and waterfowl refuges. The purpose of this correspondence is to document that the Official with Jurisdiction Engineer: (419)592-2976 Mapping: (419)592-6375 Fax: (419)592-5508 Surveyor: (419)599-2327 Page | 2 (OWJ) concurs with the measures to minimize harm and the assessment of impacts. Measures to Minimize Harm The following measures to minimize harm will be incorporated into the plans as plan notes and as environmental commitments in the NEPA document: Access to the Maumee River in this area will be maintained at all times, except for the time needed to temporarily occupy the property related to closure or access restrictions, and/or work needed to facilitate construction activities. Except as necessary to facilitate construction activities, the staging and/or storage of construction equipment will not take place outside proposed construction limits that are within the defined boundaries of the 4(f) property. The contractor will be required to closely coordinate the construction schedule with ODOT and ODNR (Scenic Rivers, Christina Kuchle). The contractor will coordinate the installation of appropriate warning signs and buoys in the water according to ODNR Division of Watercraft specifications for watercraft safety. Advance notice of the project's construction schedule and potential for users to encounter partial closures at the bridge (for the causeway) will be provided no less than 48 hours prior to construction activities. Notices will be posted in an area that can be seen by users of the Maumee River, both upstream and downstream, and on the Henry County Engineer, ODNR and ODOT websites. In accordance with 23 CFR 774.13(d), the temporary occupancy of land associated with the 4(f) property will not constitute a “use”, based on the following assessment: The duration of occupancy is temporary and less than the time needed for construction of the project, and no permanent change in ownership of the land will occur The scope of work is minor, in that both the nature and magnitude of the changes to the existing 4(f) property are minimal There are no anticipated permanent adverse physical impacts, nor interference with the protected recreational activities, features, or attributes of the 4(f) property on either a temporary or permanent basis Any land disturbed will be fully restored and returned to a condition which is at least as good as that which existed prior to the project Based on the scope of the proposed project and type of work, no permanent restriction of access or incorporation of land from the Maumee River into a transportation facility will occur. Page | 3 If you concur with the measures to minimize harm and the assessment of impacts in regards to the proposed undertaking, please indicate as such by responding accordingly with your concurrence to this letter not later than November 1, 2016. Thank you for your time and cooperation on this matter. If you have questions and/or concerns, please feel free to contact me at [email protected] or 419-592-2976. Respectfully, Patrick McColley, PE, SI Executive Director Henry County Transportation Improvement District OWJ Concurrence: James Zehringer, Director cc: Date EnviroNet Project File The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by ODOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 11, 2015, and executed by FHWA and ODOT. Henry County Engineer Timothy J. Schumm, P.E., P.S. 1823 Oakwood Avenue, Napoleon, Ohio 43545 E-mail: [email protected] Website: www.henrycountyengineer.com September 22, 2016 Glen Cobb Parks and Recreation Section Chief Ohio Department of Natural Resources 2045 Morse Road, Building C4 Columbus, Ohio 43229-6693 Subject: Re: Official with Jurisdiction (OWJ) Concurrence HEN – New Maumee River Crossing Project (PID 22984) Dear Mr. Cobb: The Henry County Engineer proposes to construct a new bridge over the Maumee River in the City of Napoleon and Harrison Township in Henry County, Ohio. The new structure will connect State Route (SR) 110 on the south side of the river to the existing T-intersection of SR 424/Industrial Drive on the north. The new proposed structure will meet current design standards, with two 11’0” lanes with 2’0” (minimum) wide shoulders and a 6’0” sidewalk on the west (upstream) side of the bridge. Construction is anticipated to begin in spring 2018 and will last approximately 18 months. Due to the use of federal funds, the proposed transportation project is subject to the requirements of Section 4(f) of the Department of Transportation (DOT) Act of 1966, which affords protection to publicly-owned parks, recreation areas, and wildlife and waterfowl refuges. The purpose of this correspondence is to document that the Official with Jurisdiction (OWJ) concurs with the measures to minimize harm and the assessment of impacts. Description of Section 4(f) Property The proposed project will require the acquisition of approximately .096 acre of permanent right-of-way from the Miami, Wabash & Erie Canal Trail to accommodate construction of the new bridge approach from SR 424. The Miami, Wabash & Erie Canal Trail is a multi-use trail that runs approximately 22 miles from Independence Dam State Park northeast along the Maumee River to Providence State Park through Defiance, Henry and Lucas counties. The trail is mostly gravel with some mowed grass sections. The Miami, Wabash & Erie Canal Trail is owned by the Ohio Department of Natural Resources (ODNR) and maintained by the Henry County Park District as part of their Towpath Hiking Trail. The Miami, Wabash & Erie Canal Trail is a recognized Section 4(f) property in accordance with 23 CFR 774. The Miami, Wabash & Erie Canal Trail is also designated as part of the Buckeye Trail, which is a series of trails that wind around Ohio for 1,444 miles. The proposed project area is within the Defiance Section of the trail, which follows the towpath east from Independence Dam State Park through Napoleon and on past Providence to Waterville. Some portions of the Buckeye Trail are maintained by the Buckeye Trail Association, some portions are on road, and some portions are on trails owned and maintained by other entities. In the current project area, the trail parallels the Maumee River on an existing crushed stone driveway that follows the towpath and serves several scattered homes nearby. This section of trail is set back approximately 128’ from the river and is maintained by the Henry County Park District. This section of the Miami, Wabash & Erie Canal Trail is also designated as part of the National Park Service (NPS) North Country National Scenic Trail, which crosses seven states from North Dakota to New York. In Ohio, there are 1,050 miles Engineer: (419)592-2976 Mapping: (419)592-6375 Fax: (419)592-5508 Surveyor: (419)599-2327 Page | 2 of North Country Scenic Trail, including 800 miles on the route of the Buckeye Trail. In this area, the North Country Trail follows the towpath from Napoleon to SR 109, where it diverges to the north to join with the Wabash and Cannonball Rail Trail and from thereon to Michigan. Impacts to Section 4(f) Property The proposed project will require the acquisition of approximately .096 acre of permanent right-of-way from the Miami, Wabash & Erie Canal Trail to accommodate construction of the new bridge approach from SR 424. A new bridge abutment at the north approach will be located on the site of the trail; that section of the trail will be removed and a new segment rerouted around the north face of the abutment. The new trail segment will be 12’0” wide with 3’0” turf shoulders on each side; the surface will be aggregate filler with limestone screening. Trail access in this section will be temporarily obstructed for the duration of construction, but a detour will be maintained on the SR 424 right-of-way around the construction work zone. Measures to Minimize Harm The following measures to minimize harm will be incorporated into the plans as plan notes and as environmental commitments in the National Environmental Policy Act (NEPA) document. Access to the trail will be maintained at all times during construction via a short detour around the work zone along the SR 424 right-of-way. The project sponsor or contractor will install appropriate closure/detour signs in areas that will be visible to users of the trail 15 days prior to construction. Advance notice will be provided within 48 hours prior to closure, and detour signs will be posted at locations along the trail that meet all ODOT and local specifications. Temporary construction fencing will be installed along proposed construction limits prior to the start of construction activities to protect the existing 4(f) property and the public. The contractor will closely coordinate the construction schedule with ODOT, the Henry County Engineer, ODNR, and the Henry County Park District. In addition, the contractor will notify ODOT, the Henry County Engineer, ODNR, and Henry County Park District 15 days prior to beginning construction. The area to be disturbed adjacent to the trail within the proposed construction limits will be fully restored, i.e. returned to a condition at least as good as that existing before construction. No staging and/or storage of construction equipment will occur outside the proposed construction limits. Assessment Based on the scope and type of work, the proposed project will not adversely affect the protected recreational activities, features, or attributes associated with the Miami, Wabash & Erie Canal Trail. Therefore, in accordance with 23 CFR 774, the proposed project will have a de minimis impact, based upon the following assessment: All possible planning to minimize harm has been incorporated into project development; The nature and magnitude of changes to the Miami, Wabash & Erie Canal Trail will not adversely affect the recreational activities, features, or attributes that qualified the property for 4(f) protection; and Proposed measures to minimize harm and resulting mitigation, in regards to protecting the 4(f) property and maintaining access and safety, are considered to be reasonable and acceptable. Page | 3 If you concur with the measures to minimize harm and the assessment of impacts in regards to the proposed undertaking, please indicate as such by providing your signature in the space below, no later than November 1, 2016. Thank you for your time and cooperation on this matter. If you have questions and/or concerns, please feel free to contact me at [email protected] or 419-592-2976. Respectfully, Patrick McColley, PE, SI Executive Director Henry County Transportation Improvement District OWJ Concurrence: Glenn Cobb, Parks and Recreation Section Chief cc: Date EnviroNet Project File Jeff McCusker, Trail Manager, North Country National Scenic Trail Andrew Bashaw, Director, Buckeye Trail Joe Krueger, Henry County Parks District The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by ODOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 11, 2015, and executed by FHWA and ODOT.
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