Professional Documents
Culture Documents
Number LRE-2005-540070
Detroit
District
of Engineers
Department
of the
HARBOR SHORES
Army Permit
Evaluation
This
document
applicable
constitutes
my
Environmental
Assessment
Public
Interest to
review
and
if
my
factual
and compliance
summary
determination
It
according
the
Guidelines
that
404b1
master document
the
was prepared
from
generic
facilitated
consideration
possible impacts
in
of the Regulatory
purview
Part
Program of the
Army
33
CFR
33
CFR
and
CFR
320
Part
230
Application
Procesg
Harbor
Street
Name
Third the process the project delineation
of Applicant 111
Center
Lyon
for the
NW
HSCRI
900
Fifth
information
was provided
agent
through partner
in
by
Co
Benton
Harbor Michigan
their
New
wetland
and floodplain
water supply
agent
Abonmarche
Benton
Michigan
historic
Harbor Michigan
on used
to
Michael
Auburn
and
Hills
an
property
consultant
Hitchcock Kurta
Illinois
endangered
refer to
species
Dr
consultant
is
Allen
the term
either the
applicant
Work
previously
authorized
is
nationwide
permit
to
File 03-054-001-0
course holes
being
combined
The
applicant
proposing
golf
in
owned by
under permit
03-054-001-0
Work
Several
of the project
application
The most
description
were provided
combined
14 2008 and
1.a
work
the final
was
submitted
June 25 2008
project
is
2008 conceptual
final
End
also
1.b
March
The
overview
available
End
description
work
as
authorized several
for
fill
previously
Department
single
of Environmental description
Quality
rVIDEQ
is
with
revisions
work
to
The
applicant
now
applying yards of
Department
material
in
permit
Army
discharge
approximately
25520
DA
totaling
cubic
several
locations
CORPS0001 867
locations associated
totaling
3.31
acres of wetlands of
in
federal jurisdiction
adjacent
facilities
to
the
Paw Paw
River
with
the construction
including
practice park
range roads
bridges an
boat
irrigation in
distribution
system
and relocated
ramp
the
Paw Paw
also proposed
The
water
intake
in
the
Paw Paw
of bank
River
End
be 28-inch 15
irrigation
16-19
Forty-two
42 50
cubic
yards
material
backfill
would
over
to
High Water
cubic
Mark and
HDPE
pipe
Fifty
yards of the
create
by 30 foot cove
Temporary
steel
work
their
area would
be accomplished
at
by
installing
walls with
landward
end
shore
ends
joined
angle
The work
installation
installation
above
Mark
foot deep by
wide by
foot the
Upon
completion
of the
work
fitted
two
2.54
the
The
mm mesh
outer
to
pipe
would be
with
for
for cleaning
to
and maintenance
feet
would have
per second
holes
water velocity
approximately 0.5
feet
avoid
fish
impingement
Note
cubic
Additional
golf course
construction
in
will
occur
2667
This
yards of discharged
material
1.80 acres
of wetland
the
Paw Paw
discharge mitigation
End
and required
not completed
maintenance
MIDEQ
work
Inc on February
20
2008
End
by impact
Discharges
proposed
in wetlands
Impact
Area
acres
Volume
cubic
yards
Location
Hole
0.10
800
Paw Paw
Hole
0.27
2600
east side of
M-63
Park
Hole
0.09
450
Jean
Kiock
Hole
2.52
20300
890
Paw Paw
Kiock
Rd
M-63
Replace
Road
0.18
Jean
Kiock
Park
at
Deparrnent
of
rh
Arn
Permit Evaluation
File
No
05-054-002-0
HARBOR
Page
SHORES-MARINAS
CORPS0001868
Power
line
0.11
300
power
line
at
Mit Area
Access
Road
0.01
50
North
Shore Drain
0.03
130
south of
Higman Park
Rd
Crossings
Cart Path-
Holes
21518
Boardwalks
and north of
to
Joseph
City of Project
St Joseph
1.80
2667
Hole
and
vicinity
Non-wetland
discharges
scour protection
10
cubic
yards heavy
totaling
abutment
each
38
along
the river
by
feet
wide by 4.5
feet
deep
under
40 cubic
Boat
Ramp
60 cubic
yards of
inch
gravel
concrete
boat
ramp
Water
Intake
to create
Irrigation
Structure 15
42 cubic
yards
of excavation
in
and backfill
and
50 cubic
yards
foot by 30 foot
cove
the riverbank
Bank
yards
Removal
Golf Hole 15
Discharge bank
with
maximum maximum
maximum
hank
in
of river associated
on each
the
debris removal
installed
approximately
feet
2.5 feet
in
IGLD 1985
engineered
lift
by 4.5
wide
to the
the
Paw Paw
River
of
bio
structure
Mark
Discharge approximately 455 cubic
diameter
Temporary
yards
in
crossing
fill
of
unnamed
layer 15
ditch
of stone
in
inches
to
by 28
feet
long culverts
an
unnamed
feet
ditch adjacent
the
invert elevation
575.0
IGD
1985 and
IGLD 1985
will
Upon
mitigation restoration
be removed
ground contours
Arm
Permit
Evaluation
File
Page
CORPS0001 869
Temporary
facilitated
Crossing use
of Wetland
for feet
construction
of the
would be upon
with
of 36 linear
of steel or
wood
construction
mats
to
be removed
completion
of tee construction
Structures in navigable
waters
The
each
applicant
also
currently long
proposes
feet
to
construct
two golf
cart
bridges
Paw Paw
Skid
River
100
to
150
feet
by 12
and 15
Boat Launch
Pier
45 foot long by
foot
wide skid
pier
is
proposed
Irrigation
Water
coffer
Intake
One temporary 40
be removed
steel at
wallwill be
structure
Install
installed
for
temporary
linear feet inch
dam
to
completion
intake
Construct
feet
40
of 28
new
shoreline
ten linear
diameter
within
newly constructed
riverbank
cove
Irrigation
pipes
irrigation
mainline
feet
the
between
irrigation
below
bed of the
Paw Paw
Golf Hole
15
Mitigation
As mitigation
including
to
the discharges
total
adjacent
to
the
Paw Paw
adjacent material
total
River
to
the applicant
restore
of no less than
acres of wetlands
fill
the Paw Paw River by removing past industrial commercial from proposed locations noted on the plans as Areas and but not
all
and due
to
be expected
to
support
The proposed
to
excavation
would
in
connections of the
the
each
in
area Area
Additional south
mitigation
the floodplain
Paw Paw
proposed
of the Hole
In
addition
this
project has
involves
wetland discharges
and stream
agencies
to
enclosure the
State
in
waters
where
of 10
Michigan
would
entail the
proposed development
of Hole
1085
of
of an
unnamed
tributary to
the
discharge
of
9850
cubic
yards
wetland
the North
Shore Onto
Drain an unnamed
site
tributary
is
on
the
USGS
map totaling
enclosed
acres in extent
stream
mitigation
proposed by returning
referred to
the existing
as
Sawyer
County Drain
an
open channel
corridor
will
This
begin
is
commonly
east
daylighting
into the
stream
This
restored stream
on the
side of
Paw Paw
River
Also associated
with
this
project
is
previously
authorized
discharge
of
fill
material
in
Darrmenr
of
th Arrn
Permit
Evaluation
File
No
05-054-002-0
Page
HARBOR
SHORES-MARINAS
LAUNCH
CORPS0001 870
wetlands
adjacent
siting
to
the
Paw Paw
Michigan
permit
To
assist
of the
to
golf course
modify and
the existing
03-054-001-0
the
accommodate
east of material
to
housing development
and Holes
CSX
M-63
in
Road
adjacent
in
The
to
city
discharge
2667 cubic
mitigation
of
fill
1.80
the
As
and
with the
city
proposes
1.91
excavate
Wetland
Mitigation the
earlier
combine
the required
acres of wetland
mitigation of the
associated
with
current activity
Mitigation
Area Harbor
is
north
CSX
M-63
near the
for
west
bank
of the
Shores of the
Redevelopment
1.91
would be
responsible
successful
creation
permit
Purpose
The
applicants
stated
purpose for
the
work
is
to
construct
mixed-use
development
including
facilities
two hotels
and recreational
in
on
championship Michigan
to
an
economic
enabler
July
the Benton
Harbor
defined
and St Joseph
the basic use
area
The
the
original
application
package Harbor
2005
End
to
purpose
revitalize
economy
of the Benton
area by developing
strives
mixedthe
development
based on recreation
vacation
and waterfront
creating
utilization
which
accomplish from
with
goals urban
of
creating
destination
life
market and
for
second home
buyers
larger
areas
for residents
integrates to
development
define
the
natural
scenery with
offer
We
are
responsible
the the
accordance
NEPA
objective
33 CFR
320.4a2ii We guidance
permit
activities
project
that
is
404b1
and subsequent
the to
why
on
the applicant
proposes
DA
above
develop
centered
with
commercial Harbor
and recreational
facilities
golf course
the Benton
and St Joseph
Michigan
area
We
Title
are reviewing
to
this
application
for the
Department
Secretaiy
of the
Army permit
Section 10
under authority
delegated
Engineer by Regulations
of the
33 Code
pursuant
In
1983
to
Memorandum
evaluate
of
Agreement
between
to as
U.S
State
Environmental
for
Agency
under
and
the
State
of
Michigan
authority
permits are
was transferred
referred
to
the
waters
Section
404
of the Clean
project
Water Act
under permit permit
These
commonly
both
State-transferred
traditional
waters or simply
Section
the
waters The
wetlands requires
consideration authority
includes
transferred
the
waters and
10 waters projects
adjacent
to
where
was retained by
Corps of Engineers
majority of
waters
from
the
Corps of Engineers
Department
of the
Arm
Permit
Evaluation
File
No
05-054-0010
Page
CORPS0001
871
Public regarding
Involvement
the project
is
list
of the
to
and
the
public
consulted expired
attached the
the Public
13 2006 which
on
May
2006
End
Earlier
MDEQ
now
published
two Public
Notices
Both of
those notices
describe
earlier
revised
versions
of the overall
project
applied
for
water
intake
for
golf course
irrigation
project
The
MIDEQ
Notice
copy
of the application
22
this
MDEQ
7.a
The agencies
number 07-11-62-P
End
and an August
but coordinated
the
2007
End
public Public
notice
resource
MDEQ
held
Hearing on
water
intake
on September by
letter
2007
dated
End
October
The MIDEQ
2007
coordinated
agency
with
the applicant
End
the Corps Public
Since three
Notice
was
issued
the
negotiations
to
purchase
the
Boerma
parcels
north
of Klock
Road
along
Paw
price
River
the
Because
the applicant
determined
this
property
was unavailable
due
the asking
golf course
was
start
re-designed south of
The numbering
cross
of golf course
Holes was
continue
changed
north
The
golf course
Ox Creek
west
in
along
M-63
at the
Holes
Jean
Klock
Park
Hole
10
would cross
to
the Golf
Road
in
north of
the stream
for
and ravine
location
now proposed
development
the
summary
Public
of differences
the
current proposal
as
proposal
described
the Corps
Notice
Navigation
improvements
Reconfiguration longer
of the
CSX
railroad
bridge
to
allow
greater vertical
clearance
is
no
proposed
Construction longer
of two
small marinas
in
wetlands
adjacent
to
the
Paw Paw
River
are
no
proposed
Dredging proposed
for navigational
access
in
the
to
the
marinas
is
no longer
boat
launch
was
relocated
downstream
nearer
to
the
St Joseph
of golf course
is
holes
and numbering
of the
10
and
11
were
former Hole
are essentially
now
the
the
beginning but
back nine
now Hole 10
Many
of the holes
same
renumbered
Dcpartrlent of th
Aym
Permit
Evaltwtion
File
No
05-054-002-0
Page
HARBOR SHORES-MARINAS
LAUNCH
CORPS0001 872
Overall Public
reduction
in
proposed wetland
discharge
area
13.61
The
original
proposal put on
discharges
in
Notice
the
by
MIDEQ
on September
21
2005 included
acres of wetland
Relocating
11 and
number
proposed
wetland impact
are
discharges
at the
impacts
The
City
in
of St Joseph
the
has remained
the same
throughout
changes and
public
in
not
included
following
totals
The
original
proposal
described
the
as
Corps
notice
had 6.33
discharges
Impacts
total
described
the
second and
MDEQ
is
End
34
to
wetland discharge
the
acres in both
federal
state
the plans
currently
under consideration
Federal
proposed wetlands
discharge
of which
3.31
acres requires
permit
The
previously
Practice
for the for
and Short
Game
of
Area
is
now proposed
in
an
Ox Creek
is
reserved
housing development
side
The
former Practice
north access
predominately an
This area
south
residential
development
public
recreational of
use The
to
development
was previously
statement
proposed
the brownfield
south
Ox Creek
impacts
provided
written
on
May
10 2007
in
End
location
10
for
no additional
or floodplains
would occur
the residential
development
Reduction
as as
in the
extent
of stream
enclosure
result in
The
former Hole
feet
has
been renumbered
Hole
10
It
has
been redesigned
and would
1085
feet at
of stream
enclosure
at
The work
described
feet
in
Notice
included
outfall
1200
of stream the
relocation
170
of stream crossings
with
new
structure
Now
will
stream
but that
of the stream
enclosed
and the
outfall
river
is
not nccdcd
Avoidance
fairways
for
of state-threatened
plants by establishing
fenced
out
of bounds
areas in
Holes
and
Rearrangement
bridges
are
of golf cart
boardwalks
and bridges
over
the river
Two
not four
currently
proposed
review
if
of Jean
it
Klock
historic
Park
in
Benton
Harbor
where
solicited in
determine
is
an
property
The Corps
as
comments from
potential
parties
by
letter
dated
January
30 2007
discussed
Section
IV
of this
document
and Public
Comments
Relating
to
the Activity
Federal
U.S Environmental
Protection
Agency
EPA
EPA
objected
to
the
project
as
originally
Delarrmenr
of
chc
.Arrn
Permit
Eualuarion
File
No
O5O54OO2-O
Page
HARBOR SHORESMARINAS
CORPS0001
873
proposed
enclosure objection response
in the in
Corps Public
Notice
6.33
acres of wetland
discharges
feet
of stream This In
Corps non
state-transferred to
waters
by
letter
dated but
May
End ii
soon
caused
to
the applicant
withdraw
stated
they reapplied
thereafter
our coordination
EPA
they would
comment on
intake
End
15
also responded to
original the to
EPA
their
two
this
MDEQ
Public
Notices
proposal stream
to
In
EPAs
for
final
position stream
objection
that
acceptable
End
original
12 EPA
the stream
stated as to
rather
than relocating
enclose
originally proposed
and seek
appropriate
to the
stream
off-site in
EPAs
comment
Public
MDEQ
on June 14 2006
objected
work
in
as
MIDEQ
Notice
including
1200
feet
of stream
enclosure
state-transferred
End 13
The
impacts
they addressed
in
any
rebuttals
from
the
applicant
determination
be summarized
appropriate
sections
of our evaluation
below
U.S
Fish
and Wildlife
to
Service
FWS
Informal
After Notice
requesting
an
extension
of time to
comment FWS
permit not be on
responded
on
May 12
2006
issued June
Ends
22
2007
16a
17
Endangered
Species
completed
consultation Indiana
Ends
17.a
request
in to
We
completed
specific
additional potential
letter
following
remove August
the
hat and
to
FWS
comments
of the water
an
2007
Endl.18
dated
18a
August
FWS
22
2007
responded
our coordination
intake
proposal
via an
End 19
FWS
letter
MIDEQ
first
Public
Notices
FWS
objected
to
the second
public
notice
to
by
December 14 2006
described
in the
on March
2006
End
20
the
project
The
impacts
and issues
FWS
will
or rebuttals sections
and our
ultimate
determination
he summarized
appropriate
below
National
Park Service
in
NPS
Kiock
NPS
Park
has recently
for
given
approval
to
convert
City of
letter to
Jean
and
dated
by
July
of Natural denied
Resources
MIDNR
application
25
2008
End
the
22
park
NPS
as
the original
Harbor
to
convert
use
the
part
End 23
prejudice
for
NPS
original
decision
letter
Corps denied
HSCRI
November
land
2007
second application
Notice
the park
conversion
Corps Public
assistance
End
the
26
citing
possible
impacts
public
parks Jean
from
Conservation
Fund
LWCF
outside of
program
but two
City of St Joseph
Dejartment
of
the
Ann\
Pmiit
Ei.aluation
Fik
No
O5-O54OO2O
Pa
HARBOR SHORESMARINAS
GOLF COLTRSE
BOAT LAUNCH
CORPS0001 874
were
referred to
the
MDNR
Grants
Michigan
Congressional Congressman
loss
No
letters
of interest
letter to
were
the
MIDEQ
January
11 2007
indicating
entail
that
the
of Benton
access
the city
to
open space
Jean
Kiock
Park might
an
environmental
to
impact on
End 27
February
Steven
Chester
MDEQ
Congressman
Conyers by
letter
dated
12 2007
End 28
2006
Congressman
sponsored an interagency
meeting regarding
the project
on July
End 29
the Corps
Preservation
ACHP
property an
historic
ACHP
contacted
our determination
of Historic
that
Jean
is
Klock
an
Park was
not eligible
for listing
on the National
the Corps
Places and
that that
not
historic
is
and
SHPO
the
concurrence
Jean the
Kiock Park
not
letter that
ACHP stated
be
April
will
27
2007
Corps
the
determination
was
appropriate Register
and they
not
request
determination
made by
Keeper
of the National
Michigan
Department
Quality
MIDEQ
issued
has
processed
two and
notice
was
on September
21 2005
hearing
was
held
on November
2005
End 31
fill
Proposed
work included
13.61
acres of wetland
fill in
of floodplain of dredging
the
Paw Paw
River
in
cubic
yards of excavation
for
two
small marinas
the
Paw Paw
River
817 cubic
87 cubic
protection
structures
50x 64
launch
listed
in
the public
notice
included
1200
feet
of stream of an email
upstream
of
to
the
Higman Road and 450 feet of stream Paw Paw River On October 27 2005
401 of the Clean Water
issues
file
Park
enclosure
downstream
MDEQ
Federal
Consistency
Section
Management
End 32
MIDEQ
noting
several
outstanding
on the
first
application
including
revisions
the wetland
delineation
End 33
The
first
05-11-110
was
withdrawn
by the applicant
The second
the partial
file 06-11-142
was
started
after
the applicant
immediately reapplied
re-design
was
proposed
was
on
November
2006
End
34
in
and
Public
End 35
The
the second
MDEQ
included
Department
I-IARBOR
Arm
Evaluation
File
Page
CORPS0001
875
57959 45685
cubic cubic
yards yards
in in
5.87
floodplain
of the
Of which 10 772
Enclose 1200
Construct Construct
Install Install Install feet
cubic
would be
of stream stream
state-transferred
small
crossings over
bridges
65.7
yards
of nprap
with
2025
feet
of boardwalks
over wetland
areas
not Corps
times
The
Public
current application
06-11-142 second
has
been revised
permit
to
several
since the
second State
with
Notice
MIDEQ
to
offered
draft
the applicant
on April
27 2007
issued
some changes
include
the
work
description
and
revised
plan sheets
Work
permit there
described
does not
work
area
Holes
to
and
The
until
was
is
May
2007
End 36 MDEQ
accepted the stream
the permit
not allow
work
stream
mitigation
conditions
Later
MDEQ
conditionally
mitigation
plan with
plan
to
be
furnished
later
End
36.a
Work
approved
by the second
draft
permit
now
signed
by the applicant
includes
35000
7.84
cubic
yards
in
3.82
the wetland
mitigation
plan
54780
cubic
floodplain
with
59600
yards of compensating
cut
Enclose
Construct Construct
Install
1060
linear
feet
of stream
two culverts
three golf cart yards bridges
30 cubic
Excavate
install
300 cubic
yards
and discharge
50 cubic
boat
ramp
skid pier
Install
2000
feet
of 12
over
wetland areas
Application
after
water intake
permit After
irrigation
was
to
MIDEQ
permit or
construction
was
issued design
MIDEQ
changes
evaluated
separately
under
MDEQ
file
07-1 1-62-P
several
MDEQ
Water
issued
to
respective permit
on November
provide reporting
special conditions
including
to the
the requirement
obtain
water withdrawals
MIDEQ
has
Bureau
End 37
for the project
Section
401 Water
Quality
Certification plans
MDEQ
to
issued
permit
be
provided
37
From
401 Certification
will
Department
of
the
File
No
05-054-002-0
Page
10
CORPS0001 876
further information
is
provided
to
MDEQ
of
and
that
the
MDEQ
email
is
dated
End 32
issued Protection
the
asking
us not to
CZM
The
no longer
MDEQ
for
permit
on November
2007
End 37
Corps can
CZM
approval
water intake
Zone
Management Act We presume that the proposal Zone Management Act and that CZM
is
consistent under
because
MDEQ
has
issued
permit
for
development
thus
to
the earlier of
issue because
October
27
2007
End 36
asking
MDEQ
Several
affect
issued
the applicant
with
numerous by
special
conditions
End 36
that
modifications
the permit
MDEQ
The
modifications
work
in
Corps
jurisdiction
include
Bank
Removal
Golf Hole
15
Temporary
Irrigation
crossings
14
and 15
Temporary
Wetland
Earlier
of Environmental
Quality
MIDEQ
withheld
Coastal
Zone
Management
401 Water
Quality
to
Certification
for the
proposed work
in
End 32
particular
part
at
on
EPA
objections with
enclosure
Golf Road
no stream
MIDEQ
staff
review
on September
21
on
2005 recommended
in
denial
End 38
Staff lack
commented on marina
of adequate discussion
impacts
Great
Lakes
wetlands
impact avoidance
alternatives
for
siting
golf course
and lack of
wetland mitigation
plan
Office
of the Governor
The
project
was
originally presented
in
an executive
level
Michigan on September
project
2005
End 39
The
The
briefing
of the overall
development
the
an
work
in
two
File
Number 05-054-000-0
the
one with 36
slips
slips
and
along
other with
new
second
entrance
at the
confluence
05-054-002-0
with impacts
under review
to
the following
proposed work
13.47
acres of wetlands
not
state
transferred
waters
This
of stream
enclosure
in
state-transferred in
waters and
the
four cart
proposal
also included
18000
yards of dredging
of another
Department
of the
File
No
05-054-002-0
Page
11
CORPS0001 877
two marinas
with
11
and 31
slips
and an additional
with
in
7400
cubic
yards
of dredging
Proposed
wetland mitigation
was
no
reported
impacts
project
from associated
the
overall
Harbor
in
The Governors
signed
wrote agency
memorandum
directors
agency personnel
assistance
in
of the project
by
pledging
their
review
of project
End 40
that
Preservation
Officer
S-O
at
SHPO
that
has
concluded
the project
would
any
letter
historic
or archaeological
properties
Jean Kiock
Jean
2007
End
with
the
41
has
By
dated
August ii 2006
architect
SHIPO
indicated
associated
the famous
historic
landscape
Jens
Jensen
and requested
whether
park
significance
Encl.42
The
Design who
2006
prepared
Historic
Kiock
Park
dated
October
End
at
43 On
SHPO
Kiock
October
24 2006 SHPO
letter
End 44
Jean
requested
on possible 2006
on
values
Park by
May
to
End
45
May
is
In response
query
site
2006
SHPO
that
provided
it is
on
the
one archaeological
National Register
Klock
Park and
stated
not
eligible
of Historic
not an
historic
property
End 46
survey of
in
Early
in
on February
to
structures
with
application
2005
The
SHPO
determined
that
none were
eligible
on
historic
properties
End 47
Department
of trust fund of Natural expenditures
Resources
at
MIDNR
Kiock
Grants
Management provided
state
the
Jean
Park from
at
End 48
Over
$200000
in
LWCF
Jean
Klock
Park
MIDNR
February
enclosure/ habitat species water
Fisheries
Division
MIDNR
effects
Fisheries
provided
water
letter
to
MIDEQ
dated stream
13 2006
End 49
riparian
regarding
on stream
relocation avoiding
On November
habitat
2005
MDNR
Fisheries
comments on
stream
loss
dredging provided
small craft
navigation
via
and state-endangered
dated July
End 50
MIDNR
Fisheries
that
comment
email
to
20
2007 on
the
intake
recommending
the intake
velocity
be evaluated
prevent
impingement
of fish
End 51
MIDNIR
Wildlife noting
Division
MIDNR
Wildlife
Division
provided
species an
comments on October
and one
state
25
2005
End 52
the
of two Wildlife
state-threatened Division
concern
species
within
overall
area
performed
on-site review
and
provided
additional
comments on December
2005
End 53
Department
of
the
Army
Permit
Evaluation
File
No
O5O54-OO2O
Page
12
HARBOR SHORESMARINAS
CORPS0001
878
Local
Joseph
the
No
local
governmental
for use
in part
officials
responded
to
the
public
notice
The
City of St
has
offered
land
associated
new housing
in
and for
part
of
wetland mitigation
golf course
The
Jean
Kiock
Park for
part
of the
the beach
Public
Nongovernmental
objection
groups
and individuals
responded
to
Notice
We
received
and comment
letters
from
Streeter
End
54.d.
54.a
Stock
End
54.b
and
Hoilman
End
public
54.c
hearing
and
White
End
from
We
received
requests
for
see
End 54
54.k.
Bury
End
54.e
Drake
End
54.i
54.f
Davis
Boerma
End
54.g
Colcough
End 54.h
and
Jespersen
End
End
54.j
and
Snyder
End
In
addition
MIDEQ
provided
copies
of
comments
in
response
to
their
original
Public Galien
Notice
River
September Conservation
21 2005
District
and subsequent
Hearing on November
District
2005 from
End
Snyder
End
55.e
55.i
55.b Davis
Divis
End
55.f
55.c
Krieger
Drake
End
55.g
55.d
Boerma
Odden and
End End
55.k
Stock
End
End
End
55.j
55.h Beach
the
Steering
Committee
and
End
End
and
Wetlands
Association
End
55.1
Kellogg
End
55.m
End
also
55.n comments
MDEQ
dated
provided
they received
in
response
to
the second
MDEQ
Public
Notice
Products
for
November
Public
Hearing on January
of Place
2007 from
New
Corporation Great
Lakes
End 56 End 59
Trust
End 57
of Place
Defense
End 58
the
also
provided
copy
of their testimony
the Michigan
Natural
Resources
Fund Board
End 60
comments under
interest
We
will
summarize
and evaluate
andlor
specific
the
appropriate factors
aspects
in
of the Environmental
ifi
Setting in Section
public
review
Section
below
List of communications
with
to
permit
evaluation
We
by
furnished
letter
the applicant
with
copies
of
all
substantive
objections
to
to
Notice
dated
June
30 2006
to
and afforded
specifically
the opportunity
to issues
resolve
End 61
applicant
that
We
directed
the applicant
respond
of aquatic
resources
terrestrial
resources
wetlands
to
conservation
cultural
resources
letter
alternatives
The
Since
responded
the
the objections/comments
by
dated
July
25
End 62
timc
project has
revised has
communications
from the
project
been substantially
applicant included
redesigned written
communications
from
Department
of
the
File
No
05-054-002-0
Page
13
HARBOR
SHORES-MARINAS
CORPS0001 879
switching
the residential
site in
south
of
Ox
Creek
to
to
the area or
between
floodplain than
Higman
areas
Park Road
river
additional
to
impacts
wetlands
End 10
3-year
request
End 63
by
provide
five-year
to
rather
customary
applicant
expiration
proffered
the
Corps
to
the applicant
The
2006
input
to
provided
supplemental
the Corps
in
End
on Jean
an
80
and
to
on
May
dated
14 2008
October
Kiock
historic
Park
letter
MDEQ on October 19 We also requested specific End 63.a 13 2006 End 64 and asked the applicant
analysis statement
provide
assessment
report
We
following applicant for the
with
their
regarding
the
proposed water
intake
work
to
application
analysis of alternative
in
water supply
sources
water intake
information
for
the
Paw Paw
River
End 37
July
The
applicants
provided
comparing
the water
turf
river
use
on golf course
on
17 2007
End 65
with
the
applicants
agents
regarding
to
Issues with
be
used were
to
on September
analysis
24 and September
for
25 2007
water
provide
alternatives
the
irrigation
supply
The
and October
within
13 2007
Ends 66
in
66.a
The see
final
alternative
constructed
cove
Final
in the
End
intake
sheets
16-19
addressed
concerns
reflected plan
set
plans
water
were
dated
received
2007
the final
MDEQ
25
07-11-62-P
November 16-19
2007
and collected
in
dated
June
2008
End
The
Sheets
Corps provided
comments on
the February
13 2008 wetland
mitigation
plan
End 73
and
The
applicant
submitted
Plan
End 67
67.a
additional
information
July
26
End
below
We
II
will
summarize
the
issues
and responses
under appropriate
sections
Environmental
Setting
Description flows
of the
to in
Area
where
rises
in
the southwest
and
southwesterly
discharges
into
the St Joseph
River
at
of St Joseph
for
and Benton
states
Harbor
acres
Berrien about
that
County Michigan
47 percent
of Berrien
The
USDA
Census
in
of Agriculture
2002
174009
or
County was
agriculture
of Agriculture
reported
about
53 percent
of Berrien
County was
farmland
consists of state
industrial
abandoned
farmland
urban areas
is
recreational
areas
The Benton
the
largest
urban development
No 05-054-002-0 Dcjarrrnent of the Arm Permit Evaluation HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
File
Page
14
CORPS0001 880
in
Berrien
County
into
and Lake
is
an
important
industrial
lake
port
The
introduction lead to an
of salmonids increase
in
Michigan
Great Lakes
boating
has
and tounsm
industries
of this area
Benton
Harbors
industrial
industrial sites
and waste
The combined
few decades
in
population
of Benton
decreased
steadily
last
from
approximately 27500
24300 19971
at
between
in
The combined
population
population
1990 was
has
22032
which
dropped
the 2000
in
The
of Berrien County
162453
through
2000
after.decreases
from 171000
164000
to
1990
has drainage basin
is
Waterway
and the average
average
rate
Characteristics discharge
fall is
miles an
per second
its
The
river
49.3
with
of
as
of 2.1
feet
per mile
upper reaches
the channel
narrow
through
shallow
and
meandering
flood
it
passes
through
the
Numerous meanders
to
its
marshy
Geological
plain characterize
lower reaches
mouth
few
to
The United
States
Highest
Road gage since 1951 at Coloma annual mean flow ranges from 606
feet
273 cubic
per second
and
of the
per second
90 percent
of the time
The
mouth
encompassed
and experiences
at river
some
The
rail
CSX
Railroad
at
Bridge located
navigation
crossing
the
mouth
of the
is
Paw Paw
present
was
removed
embankment
196
feet
still
the east
feet
mouth Road
The
Paw
Paw River
is
about
wide
at
its
wide
range
at
the Kiock
bridge
USGS
to
topographic
from approximately
feet
feet
below
Low
MI
Water
feet
depths
IGLD
1985
At
Klock
Road
water
intake
the depth
feet
NOAA
Navigation
Chart
to
14930
Bridge Michigan
influence
of Lake
Michigan
up
mile 2.5
but not quite to the Paw Paw Avenue upstream of the North Shore Drive Bridge water stage of Lake in 1955 based on the mean high The Corps made this determination
USACE
Navigability
Basin
Scope of Analysis
of public park land with the
Commenters Points
in
Multiple
commenters
voiced
Jean
Klock
Park
to
golf course
Commenters believed
was
inconsistent
original
donation the
on residents use
of park land
of the park
They
also
considered
NPS
process
the conversion
flawed
Corps Findings
In
addition
to
DA
as
authorization
the
scope
will
state-transferred
waters
north
of
Higman
Road
also
known
the North
Shore Drain
Department
of
the
Army
Permit
Evaluation
File
No
05-054-002-0
Page
15
CORPS0001881
Additional
work
activities
not in waters
of the United
States
include upland
golf
tree
removal
grubbing
the ravine
at
excavation
the North
numerous
areas including
in
holes
Jean
Kiock
Park
and
Jean
Klock
Park would
change
land
are
and recreation
that
activity
Harbor park
golfing
Also considered
operation
activities
would occur
from use of
the
finished
golf course
and
maintenance
facilities
including
All
the addition
in the
Paw
Paw
River
for irrigation
golf course
of these activities
proposed
DA
will
permit
activities
While
we
consider evaluate
secondary
impacts
in
the
park
NPS
has
the
to
ownership
Jean
local
Determining
interest
is
Kiock
Park
is
in the public
While
several
proposed change
favor
use
the
owner
Harbor
is
presumably
the portion
in
of the proposed
lease arrangement
for
of
proposed
affect
Jean
Klock
Park
The Corps
decision
the permit
does not
of park
the independent
determination
trust
by
funds
the
NPS
land
where
state
and national
dollars
Action Areas
We 68
after
inspected
determinations flagging
November
17 2005
new wetland
was
see
End
Subsequently
several Portions
in
revised
visits
wetland delineation
plan
drawing
in
was prepared
by Abonmarche
plans
agency
are reflected
the
MDEQ
The
permit
its
see
End
36
of the stream
along
Golf
Road and
overall
associated area
is
were determined
the in
be transferred
but includes
waters
project
primarily uses
as
wide array
described
Wetland
Delineation
Report
by Abonmarche
Consultants dated
June 2005
End 69
Presently structures
Characteristics
on the
site
an
electrical
roadways Klock
M-63
modem
in
highway
holes
are
most of
Park where
proposed
Structures
project
SHPO
historic
End
value
70
None
of the structures
proposed
in
removal Park
were considered
are
of significant length
to in
Structures
Jean
Kiock
is
discussed
at
Assessment report
residential
project area
bordered
by Lake
Michigan
to
the
west
uses
to
floodplain
the east
and commercial
and
Department
1-IARBOR
Arm-v Permit
Evaluation
FiLe
Page
16
CORPS0001 882
industrial
buildings
as
to
the
south
Lying
in
just
beyond Klock
these properties
to
are
areas that
to
could
be open
characterized lands
recreational
to
beach
Jean
Park
the
west
residential
the north
and wetlands
the east
and urban
and
industrial
uses use
to
the south
jurisdictional
The
Corps jurisdiction
March
overall
13 2006
project
End
68
discusses
land
and
features in each
Navigation
River
at
Characteristics
Small shallow
depths
to at
draft
can
use
the
Paw Paw
to 11 feet
the current
time
Water
the mouth
feet
of the
Paw Paw
below
Low
Water
at
Datum
and from
upstream of the
study
CSX
Shore
reach of
Drive bridge
the
The Corps
navigation
to
1979
notes
that
Paw Paw
has
upstream
at that
Mile The
feet
the
limit site
point
to
of the
is
has
maintained The
21
Low
Water
Datum
and
used
by commercial
and recreational
vessels
constraints
and existing
of vessels
the
is
The
size
Paw Paw
feet
River
the
CSX
The low
point
of this bridge
1.0
above
High
Water
1979
near
The
the
original
application the
included
developed
plan
bridge
mouth
of
vertical efforts
enough
avoiding
to
These
changes
if
the
to
December 2006
open
the
plans River
remains unclear
in
Harbor Shores
attempt
Paw Paw
small craft
navigation
the future
Physical/Chemical
Characteristics area
is
The
the
in
proposed permit
subject
little
to
due
to
high
seasonal
in
There
is
evidence
existing
erosion
problem
Paw Paw
Bridge
project
area
Much
lined with
to
footings
Houses on
be removed
lots which but
south side of
the the
the highest
point
their
back up
it
Paw Paw
houses
are
are within
the
100-year
floodplain
appears
somewhat above
to
elevation
Wetlands due
to
located the
fact
along the
that
Paw Paw
River
provide
erosion
prevention/flood
storage
they
during
the
high
water periods
Some
North
large
wetland between
Corps aerial photography shows Shore Drive and Paw Paw Avenue the Similarly
is
of the available
inundated
in
these photographs
The
Paw Paw
half
influenced
of Lake
Michigan
up
to
river
mile
Shore Bridge
extent
of the project
above Higman
Park
Road
is
floodplain
elevation
lots to
The
the
the
The
work
for
the
wetlands
Department
of the
Arm
Permit
Evaluation
HARBOR
SHORES-MARINAS
Page
17
CORPS0001
883
adjacent
to to
MDEQ
permit
as
waters
Changes
waters
wetland
boundaries
are
reflected
on plan
sheets 22 and
26
regarding
state-transferred
along
End 36
local
Water
through
from
the
drainage
and
direct
precipitation
presently
circulates
area by means
of sheet flow
inflow
ditches
in
and
the
back
water
from the
18
Paw Paw
River
The
large
Road
proposed Hole
area includes
to
portions
the river
These
point
areas today
ponds
ad-hoc
but
can
be connected
flows
for
low
boat
the
proposed Hole
would allow
to
Paw Paw
the
Paw Paw
River
provide
substantial
that
transformation
and production
an interchange channels
that
export
due
to
the fact
they are
during
high
of materials
between
the wetlands
at
river
The
wetland
Hole
at is
has
defined of
low flows
for
occurs
the mouth
directly
Ox Creek
to
an the
proposed
wetland
also
connected
Paw Paw
The
River through
defined
even
at
low flows
this
formerly
proposed Hole 12
discharge/excavation or
soil
series
soils
Urban
Land
revealed
sample
mineral
pit
in
the
dark
soil
similar to
see
March
inspection report
bottom of the Paw Paw River are sandy with many areas of urban waste
currently the river
along
The
contains
foundry
sand
on the bank of
unconsolidated
The
formerly
within
wetland
were
in
bottom
areas
presumably
along with
and sand
The
applicant
submitted
river
the original
application
volatile size
PCBs
semi-volatile
organics
and metals
Generally low
of these contaminants
were
found Again
No
particle
physical
descriptions
of
river
navigational
at
not
part
this
time
Groundwater
golf course
test
quality
The
higher
use well
water
to
provide
salts
irrigation
of the
However
concentrations
of dissolved
were
reported
from
wells in an
area north
that
of the river
all
The
applicants depth
water
supply
consultant
determined
unsuitable
in the
the groundwater
turf
investigated
to
would
be
for
maintaining
Subsequently
agent outlined
water intake
irrigation
The
applicants
the search of
alternatives
dated
October 13 2007
End
66.a
Dparrrnnt
of
the
Army
Permit
Evaluation
File
No
O5O54-OO2-O L.AUJ1JCH
Page
18
CORPS0001 884
Biological
Characteristics
The
are
Existing/Long
term
Vegetation
and Habitat
Delineation
Values Report up
for
each portion
of the
work
site
as follows
The Ahonmarche
areas in
Wetland
dated
the
wetland Areas
overall
are the
locations of two
evaluated
in
available
the
Abonmarche
of each
report dated
March 13 2006
describes
the biological
values
general
terms
Upland
to
portions
from contaminated
former
industrial
sites
heavily
wooded
mature hardwood
of
trees
great
The
ravine
area surrounding
the
currently stream
and controversy
listed
habitat
survey
and Federally
field visit
species
was completed
on
by J.F
New
End 71
is
An
inter-agency
was
accomplished
songbirds
May 17 2006 that the Corps attended Several The project area observed in the wooded ravine
endangered
the
species
in the
of neo-tropical
migrant
were
summer
range
Indiana
at
bat Myotis
sodalis
the
The
at
applicants
endangered
species 12
river bank
Hole
habitat
and across
for the
river
potential
moderate quality
Indiana
bat
Wetland
connections
portions
to
of the property
the
The
wetlands
to for
located
in
the
river
floodplain
with
and from
river
are
likely
provide
functions
abundance
variations inundation supporting including use flooded
in
aquatic
diversity level
response
to
to
Many
of these habitat
wetland
long
soil
term
areas birds that
during
water providing
fish
emergent wetland
great blue vegetated
plants during
water
duck and
pike
kingfisher
spawning
could
by species
northern
and yellow
in
perch
flooding
events
Upland
relatively
game
birds not
may be
state
present
The
in
rare but
listed
swamp
level
life
mallow
is
present
several
of the
in
as the large
is
basin
adjoining
M-63
Jean
Park
nature
relatively as
inundated
year
round
such
turtles
and various
amphibians
is
support
The
largest
wetland
discharge
Area
channel
for
the currently
proposed Hole
habitat
18
two
sections
of the on the
former
river
that
Mallards
is
staff
water during
an October
Much
of this area
of reed canary
grass Phalaris
arundinacea
Ripanan
altered
portions
residential
of the property
fills
at the waters
edge
Much
of the rivers
by
and
industrial
waste deposits
Large undisturbed
wetland
Department
of
tIte
Arrn
Permit
Evaluation
File
No
05-054-002-0
Page
BOAT LAUNCH
CORPS0001
885
natural banks
original
near Hole
tried to
where
the
The
proposal
activities
take advantage
river
by past
in
dumping
recent
Nearby
lines
banks contain
of refuse inches
have
stabilized
of cottonwood
trees
more
diameter
Hole
and
12
time
Large coitonwoods
could
potentially provide
roost tree
bat
at
These
this
trees
which
to
is
preferred
by Indiana
Other
support
few and
trees
or younger trees
growing
more
included
Holes
thin
18
The
strip
original
golf course
running
to the
along
upland riparian
with
greater than
two
acres of wetland
into
need
to
into
and
the adjoining
wetlands
feet
The
Mitigation
Area
excavation
of several
dumping area
The
only work
in the
river
will
be minor excavation
the
for
the boat
ramp
at
bridges
MIDEQ
state
is
studying
rare
benthic
in
community
in
listed
species
freshwater
slippershell
from
the
lower
in
Paw Paw
the area
is
River or adjacent
uncertain benthic
the
St Joseph River
not provided
originally
The
applicants
have
descriptions
current
community
The
proposed dredging
from
current application
Water
River
Column
The
cart
bridge
Paw Paw
provide
habitat for
unknown
community
invertebrates
The
floodplain
hills
most readily
identifiable
natural
area
is
large
wetland
high sand
surrounding
miles of the
after
Paw Paw
1930s and
River
with flows
surrounding north of
off
its
and dunes
channel
that
The
was
relocated
the
now
remnant
original
between
Jean
Road
M-63
cuts
channel
entered
and commercial
development
and
great deal
large
of municipal
industrial
and construction
former
complex
However
size
acres in size
Wetland
would reconnect
acre remnant
14 acre wetland
complex
adjoining
river
Cumulative
area for which
Impact Area
CIA
with
For
the
purpose of
is
this
review
lower
we
its
are
reviewing cumulative
effects
the 2.3
reach
Paw
Paw River
application resources
to
is
confluence
the St Joseph
River
The
with
type
of project
epitomized
to
by
this
large scale
this
substantial
impacts
existing
aquatic
Within
area
and permit
decisions
on them
have included
Department
oft/k
Arm
Permit aluarion
File
No
05-054-002-0
Page
20
HARBOR
SHORES-MARINAS
LAUNCH
CORPS0001 886
File
No
Applicant
Extent
Action
05-054-000-0 03-054-003-0
Harbor Shores
City St Joseph
Two
marinas/total
SP
issued
2007
fill
NW
Now
issued under
for to
Brownfield redevelopment
1.90 acres of wetland
Now
proposed
golf
for
project
holes
accommodate
current project
03-054-001-0
Cities
of St
Joseph Harbor
0.76
acre wetland
fill
with
1.51
NW
issued
and Benton
mitigation constructed
and
in
monitoring
05 -043-001-0
Rebuild
bridge
NW
site
issued
in
construction
86-054-003-3
Ox
Creek Company
700
slip
marina on 40 acre
Withdrawn
resolution bridge
pending
of fixed
This defined
project continues
an
established
in
the cumulative
this
impact
area
above
We
will
consider
the cumulative
of continuing
development
The
navigation or elevation
future
activities
within possible
the
CIA
include
in
future
and removal
Ox Creek and
bridge
at
dredging
the
Paw Paw
Lake
CSX
earlier
Paw Paw
River accessible
evaluated several
the type
of small
can
navigate
on
Michigan
The Corps
of large of
proposals
by the
Ox
development
marina
fixed
just
CSX
bridge the
proposal
for
was withdrawn
Shores
pending
project
resolution
bridge
for
pre-application
drawings show
the Harbor
shown
to
the
Corps
the earlier
versions
that
the St Joseph
and Benton
boating
Harbor
access along the
communities
residential
development
with
Ox Creek
held
Indeed
the
original structural
discussions
CSX
to
about
the bridge
few more
feet
of vertical
in
clearance
slip
would
not be
interested
boat
on
the
the St
Dparrment
of
tlu
Peymit
aluation
Fd No
O5O54-OO2-O
Page
21
HARBOR SHORESMARINAS
CORPS0001 887
Michigan
The
site
impact
sites
and scopes
foreseeable adjoining be
disruptions
of wetland impacts
hydrologic
The
could
more
places
for potential
marinas
for
are
where
natural
channels especially
to
present
These channels
the main river the
provide
movement
of water
animals
wetland complexes
type of wetland decisions
revisions
the original
applicant has
for fair
this
impact
it
the current
proposal
to
Since
the District
to
strives
would be contrary
the
policy
and
arbitrary
foresee
different to
CIA
The
CIA would
wetlands
to
channels
Projects with
will
scope of
require mitigation
replace
functions
We
evaluate
those
below
ifi
Environmental
Impacts of
the
Proposed
Action
Identified Physical
Impacts
Effects
on Water
Quality
Construction
Impacts
Commenters points
loss
EPA
and
FWS
stated
that
stream
enclosures
would
avoid
result
in
substantial
of aquatic
resources
in
Shore Drain
transferred enters the
the
They recommend relocating the project to wooded ravine This stream and its two adjacent
and
the stream
are in
North
stateas
it
wetlands
for
waters
EPA
FWS
feet stated
more
natural treatment
the stream
Corps jurisdiction
here
Several
great
Paw
and
the river
bank
water
were cited
response/rebuttal
total
The
feet to
applicant
has
revised
stream
enclosure
from
into
of
1200
1060
enclose
Further
to
the applicant
abandoned
the concept of
in state-
waters
and
will to
instead
the existing
with
open
joints
to
groundwater
the applicant
this
near the
As
vicinity has
mitigation plan
for
will
and design
stream runoff
mitigation
project
work
is
still
pending
To
control
In
applicant
storm he
water
management plan
runoff
is
areas where
parallel
sloped
so that
to
directed
away from
river
River
banks are
be
planted
native
vegetation
provide
buffer
between
Department
of
the
Arm
Permit
EvaLuation
File
No
05-054-002-0
Page
22
HARBOR
SHORES-MARINAS
CORPS0001
888
Cois
The
Findings
physical
disturbance
of the river
at
bottom during
excavation
will
cause resuspension
This
will
of sediments
the point
of disturbance
and
for
cause
temporary reintroduction
of
fill
of particulates
into
the water of
column
sufficient
The
discharge
material
consist of materials
that
grain size
and inertness so
as to
more
impacts
on
water
quality
excavated
to
graded
and
filled
to
erosion thereby
until
yards of excavation
work
for
would
temporary
as the
sedimentation pipe
installation
is
and an increase
area would This
in
of turbidity enclosed
in the steel to
Adequate
controls
are proposed
be
by
Backfill
bank and
material
proposed
activities
excessive
The
in
extensive
large
land-shaping subject
to
would
result
erosion
until
In
summary
the
proposed excavation
and discharges
in
the river
and adjoining
wetlands
and
of or
the excavation
for mitigation
will
would cause
quickly
degradation
stabilize
The
large wetland
and construction
of the wetland
substantial
sedimentation
in
of river
place
Once
established
on
and sedimentation
be
reduced
impacts
to
construction
the permit
in
to
require
use
of adequate use
stabilization will
measures
both
areas
due
bottom
during
its
construction dispersal
and confining
prior to
Post-Construction
Commenters
course use
points
Several
commenters
mentioned
adverse
impacts asked
to
Several use
if
what
golf course
to
the
failed
for
Concern
converted
uplands
development
former
Applicants response/rebuttal
The
applicant
proposed sedimentation
controls
including
using
Department Arm Permit Evaluation of No 05-054-002-0 HARBOR SHORES-MAR INAS GOLF COURSE BOAT LA LTNCH
the File
Page
23
CORPS0001 889
native
final
vegetated
buffer
at
the waters
edge
The
applicant
is
also
preparing
would
assure that
be
sent directly
river
End 36
Cois
Findings
The proposed
groundwater
replace
it
golf course
construction
that
would destroy
an
filters rainfall
runoff
and floodwaters
would otherwise
directly
with
new
source
pollutants
Pollutants
from
area
may
include
lawn
on
fertilizers
herbicides
long-term
negative
impact
water quality
The proposed
water
boat
ramp
will to
induce
increased
boater
use
of the area
which
will
in
turn cause
quality degradation
due
gasoline
and
oil
spills littering
and increased
the
turbidity
because
of propeller conditions
wash
permitting
limited
number
of small craft
would use
Lake Michigan
Paw Paw
contain
River
Runoff
herbicides
likely to
pollutants
such
as
fertilizers
concerns controls
expressed about
including using
this potential
pollution create
final
native
is
plants
to
buffer plan
that to
at
the
waters
edge see
that
plan
sheet
46
The
applicant
also
preparing
would assure
river
storm
water
drainage permit
directly
the
End 36
to
The
MDEQ
its
also notes
committed
the
to
working
River
with
outside
groups
develop
pollution
prevention
the
plan
Paw Paw
Turfgrass
Watershed
Project
Audubon
International
and
Michigan
State University
Environmental
Stewardship
Program
The cumulative
of small stream
impacts
of numerous applicant
am--ount
is
enclosures stream
could
result
in
substantial
loss
habitat an
The
mitigation existing
plan
which would
Similarly golf the golf
daylight
course
at
least
equivalent
from an
enclosure
as
represents
major conversion
if
of wetland habitats to
the
The
wetland
mitigation
plan
successful
wetlands
with
wetland mitigation
through accepting
in
areas were
because from
provide
water
quality improvements
and retaining
mitigation
floodwaters
Paw Paw
River
Successful
growth of vegetation
of sediments
the wetland
river
areas would of
enhance
deposition
and
filtration
from the
water
The
production
alternating vegetation
conditions
typical
of actively
growing
also
wetland
other
remove
nitrates
from
the
water
column
Plant
growth
will
remove
will
major nutrients
their
including
phosphorus
ability
and
ammonium
projects reduce
Destruction
of wetlands
if
remove wetland
buffering
Numerous
greatly
such as this
quality
no adequate
mitigation
were
could
water
Department
of
File
No
05-054-002-0
Page
24
CORPS0001 890
Overall
mitigation
the
operation
with
successful
wetland
quality
and stream
minor
long
term
negative
impact
on water
Denial
of the permit
would avoid
these
minor
long
term negative
impacts
to
water quality
permit acceptable
could
as
follows
The
plan
applicant
to this
shall
provide prior
to
an
storm water
stream plan
mitigation
office
permit issuance
Guidelines
revised
also
Detroit
District
could
to
be
required
permit
impacts
that
due
water
replacement
flow stream
direct
cool
oxygenated water
to
the
possible
pollutant
discharges
from
the
golf course
wetland
water
quality functions
Shore Erosion
and Accretion
Effects
Commenters
points
No comments
The
were received
on
this
topic
Applicants
areas
response/rebuttal
river
applicant
will
provide
to the
native
vegetation
that
buffer
the
between
golf
and the
accrete
all
banks
The
applicant
responded
Corps concern
water intake
to
could
materials
erosional
effects
remove
sheet piling
the coffer
dam
Corps Findings
The
catch
project
would reduce
the ability
adjoining
the river
to
act
as
sediment
basin
The
project would
eliminate
and shallow
backwaters
with
which presently
basins of the
Without
increase
successful
in
mitigation
at
new
connected
to
high flow
elevations can
an be
sedimentation
the
mouth
Paw Paw
such
River
and
expected
The
cumulative
impacts
of numerous
projects version
on erosion
and accretion
mitigation Since
and negative
enter
all
The
current
of the wetland
would allow
flood
waters of the
to
three proposed
wetland mitigation
the the wetlands mitigation
areas
to
net
new
basins
would
exceed
that
of
if
scheduled
is
he
filled
long-term
effects
on accretion
would be avoided
successfully
carried out
Regarding
the bank
at
intake
structure
will
reduce
erosion
along
work
site
Backfill
after
completion
the bank
behind
new
be
permanent
sheet piling
wall
in
The temporary
darn will
completely removed
Detroit effect Districts
resulting
flow patterns
final
at
the intake
to that
site
The
the
Hydraulics
structure
and Hydrology on
the
reviewed the
proposal
evaluate
the
of the intake
Paw Paw
End 72
They concluded
proposed
Dartment of the Aynr Permit Eualuation No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
File
Poge
25
CORPS0001891
work
or accretion
Tn
summary
the
project
with
successful
mitigation
will
have no impacts
on erosion
or
accretion
permit
suitable
could
he
issued
with
as
follows
The
applicant
final that
shall
wetland mitigation
the impacts
plan
by
this office
prior
to
permit
would reduce
allow
for
due
to
by providing
assurance
the plan
will
adequately
removal
of sediments
Effects
Values
Commenters
upland
points
Several
commenters
on
expressed
concern
that
and associated
development
included
would encroach
the
and worsen
Commenters
owner
of
business
Kiock
Applicants
for
response/rebuttal
The
has
applicant has
less
prepared
several
flood
flow
the
models
to
review
The
for
MIDEQ
to
applicant
planned no
within
the
than
one
for
one
cut
from
floodplain
compensate
proposed
fills
floodplain
Corps Findings
under
static level
The
proposed work
of the Great
will
take place
in
an
water
levels
are
partially
control
levels vary
over
the
long
term
by more
the
providing
to
large
for base
However
area
flooding
from upstream
to
The
project
includes within
reciprocal
the
of material
has
floodplain
balance
the as
floodplain
MDEQ
properties
proposed discharges
adequate
to
approved
the
proposed cuts
and
fills
protect
neighboring
The
proposed floodplain on
the
fills
will
decrease
the
hydraulic
efficiency
of the channel
encroachment
that
by
mitigation values
will
floodplain
However
storage
floodplain
and wetland
would replace
the natural
of floodwaters
The
project could
by eliminating
increase flood
the
natural
floodplain
vegetation
and reducing
mitigation Executive
peaks downstream
However
to
these effects
is
included
As such
work would
the plans
not he contrary
Order 11988
The
to
Detroit
Districts
Hydraulics
and Hydrology
structure affect
Branch
reviewed
the proposed
water
intake
evaluate
the
the effect
of the intake
on floodplain
elevations
End 72
They concluded
that
proposed work
would not
floodplain
elevations
The
result
in
new
golf course
partially
constructed
within
the
100-
year floodplain
No
buildings
Open
recreational
invite
usually considered
appropriate
as they
do not
high
Depacrnenr
of
t/i.e
Eil
No
O5-O54OO2-O
HARBOR
SHORES74A
Page
26
BOAT
LA LJNCH
CORPS0001 892
damages
that
buildings
to
events
Thus
to
not
encourage
conditions
the applicant
invest
an
area which
would he subject
high
from flooding
The
cumulative
impacts
of numerous
such
projects
on flood hazards
would be minor
In
summary
the
project
will
term negative
impacts
on flood
hazards
and
floodplain
values
impacts
on flood
hazards
and
values
Effects
on Navigation
Commenters
discussions
points
although
MDEQ
had several
with
navigational
the
improvements
the wetland
complex between
M-63 and
river
Applicants
2.0 miles
response/rebuttal
The
applicants
current plans
have relocated
to just
the
boat
launch
area
downstream
Paw River
structure
The
applicant
into
Corps
expressed intake
the
extending
the river
Kiock
Road
feet
The
be within
within
cove
in
the riverbank
The
pipe
extend
feet
from
new
riverbank
cove
The
to
originally proposed
feet
location bed
to
was 20
deflect
with
one
steel
still
above
to
debris
The end
of the pipe
would
be marked
with
buoy
warn
Corps Findings
Only
very
minor impacts
craft
would be expected
relocated boat launch
This
is
because
the area
is
currently
small
The
on the
Paw Paw
River
is
proposed
just
Boaters
as
using
the ramp
previous
iterations
which
had
ramp
the upstream
end
During
very
construction
no obstruction
to
navigation
to
the very
light
use
by
small vessels
the work
area
The
proposed work
and
structure
into
or interfere
with
Federal
channel
The
cause
and use
of the finished
structure area
would not
if
likely are
Some
allow
boats access
may
River harbor
water
levels
sufficiently
under
CSX
summary
the project
will
have minor
th
Arn
Prniit
EQaluation
File
Page
CORPS0001
893
long
impacts
at
as
Paw Paw
River
is
currently
very but
lightly
used
within
water intake
Road would
in
channel
would be
newly The
constructed
is
the riverbank
feet
floating the
HDPE
to
buoy
river
wide
at
this
from
USGS
navigation
if
it
topographic
are
map
for
Michigan
Minor
negative
impacts
the
expected
from
the
intake
structure
to
structure
is
marked
with
The
project could
the
be conditioned
life
the intake
pipe
in
is
effectively
marked
is
buoys throughout
to
and
it
that
any structure
to
navigable with
waterway
in
subject future
removal
at
the
owners
be
determined
interfere
navigation
the
No
impacts
would be
expected water
St Joseph
intakes
and Benton
area likely
from Lake
anticipate
Michigan no impacts
There
to
is
are
no existing
in the
he affected
and we
the
any drinking
expected
to
water
aquifer
Peak
water or
withdrawal from
3.119 cubic This
feet
per second
result in
End
72.a Hydraulics
loss in
email September
with average
daily
11
low
2007
intake
should
only slight
available
feet
per second
USGS
MI
Furthermore and
the water
within
to
of Lake
as
Michigan
pump
withdrawals
would tend
be replaced
from downstream
well
from upstream
End 86
Identified Biotic
Impacts
Effects
on Aquatic
in
submerged
vegetation
plankton
etc
documented
ll.D
above
Commenters
adverse
points
EPA FWS
was
and
MDNR
water
after
cited
the proposed
stream
enclosure
as
having
impacts on stream
relocation
biota in the
that
One concern
about he
proposed stream
water
in
cool
would
by warmer
the relocated
stream especially
the enclosing discharge
to
removal of the
cold
forest
cover
The
current proposal
to
includes provide
openings
cool
in
pipe
the
so that
ground water
water
FWS
commented on
impingement
and entrainment
impacts
water
intake
Applicants response/rebuttal
redesigned the
to
The
in
withdrew
the
stream
relocation
proposal cool
and
stream
enclosure
Hole
10
Open
allow
to
groundwater River
plan
to
resulting in
is
continued
supply subject
water
the
Paw Paw
approval
by intake
to
stream daylight
plan
required
by
MDEQ
Drain
EPA
and
FWS
for the
are
Sawyer
has
been conditionally
of design plans
approved
MIDEQ
effectively
The
applicants
several water
iterations
water
and reduce
velocity
so that
fishery impacts
avoided
Dearrrnnt
of
t1i
Arm
Pyn1it
Evaluation
FiLe
No
05-054-002.0
Pag 28
H.ARBOR SHORES-MARINAS
CORPS0001 894
Corps Findings
The proposed
would be placed
eliminate
activity for
includes
the
bank of
the
Riprap would
the boat
launch
work
riparian vegetation
The
does
not
have submerged
these locations
Increase
in
nutrients
could
favor
the river
drop
dissolved
oxygen
in
the water
column
fish
and aquatic
Dredging
may
elktoe or the
reduce
to
community
The
MDEQ
is
surveying
the lower
determine
slippershell
eunent make
up of the benthic
community
The
Lake
sturgeon
Paw River
adjacent Notice
portions
River
the past
proposed
in
Minimal
disturbance
from propellers
are
is
expected since
to try to
the
boat
the
ramp
is
now
at the
downstream deeper St
expected
access
popular
and much
construction
size
the physical
conditions benthos
will
he dissimilar
is
to
what currently
to
exists
in
terms
riprap
so the original
life
community
unlikely
directly
reestablish
Some
communities
sedentary
stages
buried
by riprap
both of these
placement
activities
by dredging
small work
ramp placement
Again
very
The
turbidity caused
activities
by runoff
reduce
site dredging
gills to
construction
visibility for
may
sight feeding
wouc
is
cornpieieu
The
juveniles
release
of contaminants
to
the
to
the project
fish
wiii
adversely
affect
adults or
of aquatic
including
utilized
by recreational
commercial
The
species
into
project
utilized
would destroy
in
fish
and
their
feeding
habitat
including
fish
recreational
or commercial
The
impede
movement
on
launch
nursery or feeding
yards of river
for this
MDEQ
specify time
restrictions
dredging
pads
with
boat
over aggregate
material
project
Department
of
Arrn
Permit
EvaLiation
Pile
No
05-054-002-0
Page
29
CORPS000
1895
The
introduction
of riprap would
create
for
and some
smaller species
of fish
improving habitat
aquatic
predators
Elimination
result in
shallows
riparian
fringe
nutrient
and shoreward
export
site
vegetation
for
could food
an overall
productivity provides
and
for
capabilities
the
aquatic
in
web
due
The
applicants
plan
at
planting
strip of native to
vegetation
the riparian
zone alongside
to tree
golf fairways
the river
bank
riparian habitat
would occur
and brush
removal
during
construction
lead to water
temperature
increases
has
the potential
to
alter the as
character
to alter
of runoff
herbicides
that
and nutrients so
the nearshore applicant
is
the existing
invertebrates
tolerant
and
fish
inhabit
more
of the
new
conditions
The
comprehensive
erosion
storm water
golf course
management
chemicals
plan
strips to
and prevent
from
directly
Without
increasingly food
is
successful
mitigation
are
abundant
will
be
an
overall
web
yet
required
stream
mitigation
not
developed
be successful
subject
to
there would
he
adjacent
the
flooding
The
cumulative
impacts of numerous
significant
such
projects without
adequate
stream
and wetland
mitigation
could become
and negative
dredging the
of this waterway
may
be
cause
altered
losses to
in
benthos
sufficient
andlor
aquatic
plant
for
should small
CSX
allow
vertical
clearance
for
craft
Greater
boats would
likely
lead to
in
substantial
that
demand
boat
mooring
in
the
would
result
proposals
result in
would involve
of land-water
for this
destruction
transition
of the natural
shoreline
vegetation of the
This
could
losses
zone habitat
are
The
locations
river
originally proposed
project
precisely does
where
and adjoining
the
meet However
any navigational
Several
work
plan
increasing
CSX
the
the
marina basins
present
in
along
may be
the lower
although
no substantial
proposed
The proposed
young
itself fish
water
intake
at
Klock
Road
could
potentially affect
aquatic
by entrainment provided
an
through email
the pipe
and
dated
MDNR
pumps
July
and by impingement
intake
comment
21 2007 recommending
water
DepartntLmr
of tho
Arrn
Permit
Evaluation
HARBOR
SHORES-MARINAS
Page
30
CORPS0001 896
intake fish
velocity
be reduced
to
approximately with
1.0
0.5 feet
per second
in
to
avoid
impingement and
in
of larval
MDNR
is
cited experience
that
sturgeon
and salmonids
is
Muskegon Lake
Lake
Michigan
IVIIDNR water an
showing concerned
0.7
to
feet
per second
tolerable
The
that feet
sturgeon
spawning used of
for the
the with
FWS
supported of
velocity
of 0.5
per second
screen
inch
Michael
iterations
golf course
irrigation performed
to
several
Pipe diameters
ranging
settled 1.5
36 inches
Use
final
of
on
The
proposed pipe
28 inches
with 580
inch
End
an
The end
intake
of the intake
pipe
would be
than
sealed
0.5 feet
Hydraulics
and Hydrology
the final
Branch
predicted
velocity
somewhat lower
per
second using
proposed design
End
72.a
In
summary
the project
with
successful
stream
and wetland
mitigation impacts
and
effective
screening
of the water
intake
will
on the aquatic
organisms
Denial
of the permit
would
avoid
impacts on aquatic
organisms
This
The
project
Hole 10
to
uplands
would
feet
reduce stream
the impacts
stream
enclosure
to
by avoiding
1000
of ravine
fill
and 1000
of
enclosure
allowing
the stream
remain free-flowing
and maintain
its
existing
benthic
habitat values
permit acceptable
could
be issued
with
special conditions
as
follows
The
applicant
shall
provide
an
to
plan
to this
plan
could aquatic
also
be
permit
impacts
organisms
water
due
to
stream
enclosure
upland golf
facilities
by replacing
affected
aquatic
sites
Effects associated
on Wildlife
aquatic
Resident
and
as
transient
mammals
with
in
ecosystems
documented
ll.D above
Commenters points
wildlife
Several
commenters
noted
that increased
human
noted
activity that
including Natural
ducks
Features turtle
herons
Other commenters
species
by
the
Michigan
turtle
Inventory
be affected
plants
by the project
wild
These species
include
box
Blandings
rose an
Rose-pink copy of
noted
sweet potato
survey
is
prairie
trillium
mallow
One commenter
of the
provided
botanical
of Jean
the
Klock
extensive bat
survey
vegetation
FWS
the project
area
in
summer
of the Indiana
Myotis sodalis
Department
of the
Army
Permit Evaluation
File
No
05-054-002-0
Page
31
HARBOR
SHORES-IvLARINAS
GOLF COURSE
BOAT LAUNCH
CORPS0001 897
Applicants
including course
response/rebuttal
SF
New
use
Inc provided
an Endangered
Species
survey
End 71
expert
reports on likely
of the project
area by the
Indiana
bat
The
current golf
plans
and
out-of-bounds
where rose-pink
ravine
at in
occurs
Impacts
other state
threatened
bat
plants
are avoided
The wooded
was
Hole
this
10
is
considered
habitat
but tree
removal
accomplished
area in
to
March 2007
part of Indiana
bat nesting
The
is
remove
grove of
Jean
Klock
considered
low quality
in this
exposure
grove
cool
Michigan
removing
During
potential
the
summer
of
2007
the applicant
reopened
survey
consultation
FWS
at
about
Indiana
An
additional
of the project
after
area was
Dr
Kurta
Potential using
were
identified
and removed
surveys
no bats were
the trees
Corps Findings
eliminate
The
construction
of the
golf course
and
its
resultant
use
or alter reproductive
foraging
resting habitat
and interrupt
travel
game
wading
birds
some
which
shorebirds
are
mammals
reptiles
and invertebrates
associated
The
project
availability will
of contaminants
contaminants
in
The
overall
level
of
contamination
construction
fill
wetlands
acres
adjacent of
to
Paw Paw
River should
be lessened
total
through
of 7.84
new wetland
for
under the
HSCRI
along
that
the
shoreline
could
eliminate
animals
and
waters
fairways
at
However
approach
create
where
golf
The
at
applicants
the
endangered
survey
as
bank
Hole
and across
Hole 12
potential
bat
Removal
during
the nesting
trees
take
bark on
line
of greater than
for maternity
The
Hole
of large cottonwood
effects
trees
some
bark evident
that
The
trees
Corps consulted
of greater than
FWS
on potential
on the Indiana
bat and of
recommended
April
diameter
is
dbh
force
the period
through
September
that this
permit
in
on
concurrence
is
June
to
22 2007
adversely
could assure
potential
determination
project
not
of
likely
affect
the
the Indiana
possibility
roost tree
will
removal
suitable
during
the
summer
in
2007 few
other trees
become
that
In consultation inches
if
with
FWS
issued
Corps determined
April
the restriction
in
diameter
is
between
and September
condition
permit
End
18.a
Arm Permit Evaluation of No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
Department
the File
Page 32
CORPS000
1898
from
their
habitat by impacts
of the proposed
Recolonization
would be
construction for
life
The newly
species
adapted
At
the
fill
borrow
site terrestrial
be destroyed
by excavation
operations habitat
Depending
will
on reclamation
over
some
values
be recovered
sites
time
Much
are
of the
material
will
come from
due by
to
and floodplain
disposal
mitigation
These areas
is
highly
disturbed
uplands
activities
and
if
the mitigation
successful
would be replaced
diverse
emergent vegetation
shrubs
and trees
The
project
rare
without
in
successful
mitigation
would
are
result
in
net exchange
are
increasingly
abundant
stream
This
change
will
wildlife diversity
and productivity
across replace
Historically
enclosures
have resulted
of
and
the state
of Michigan
Successful habitat
completion
suitable
stream
plan the
would
the aquatic
if
and
riparian
wetland mitigation
successful
would avoid
lower
Paw Paw
River
The
could
cumulative
such
projects
without
become
significant
Tn
summary
impacts
the project
will
and could
plans
negative
on wildlife
unless
Denial issued
of the permit
special
would
avoid
impacts on wildlife
shall
permit
could
be
with
conditions stream
as follows mitigation
to
The
applicant
provide an
acceptable
storm water
revised
plan to office
prior permit
issuance
to final
plan acceptable
the impacts
to
this
be provided
prior
permit
issuance
wildlife
due
to
construction types
removal
of vegetation
habitats
and from
within the
by ensuring
diverse
mix of cover
and wildlife
mitigation
Effects
on
Wetlands
Commenters
extent
points
EPA
and
FWS
along
with
other commenters
expressed
concern
about
the
of wetland
impacts
proposed
to
plan with
were
mailed
to
the Corps
February
20 2007
golf holes
on upland
Department
of
the
Army
Permit
Evaluation
File
No
05-054-002-0
Page
33
CORPS0001 899
portion
of the
golf course
project
now
has
The
discharge
was
unchanged
Corps Findings
acres of wetlands
fills
The plus
project
as
described
in
Notice
6.33
approved
the City of St
for
Holes
and 112.55
discharge
The
re-designed
proposal 11
has
Hole
18
formerly Hole
area has
The
result
following
type
and
areal
extent
of wetlands
would be eliminated
or covered
as
direct
Type
Size
Acre
1.80
Acres
in
Corps Jurisdiction
PEM
City of
1.80
St Joseph
PEMISS PFO No
wetlands would be eliminated
3.42
3.31
0.40
0.00
or transformed
by drainage
or deepened
or as
inundation
direct
as
result
of the
proposed project
dredging
as
No
wetlands
is
result
of proposed
the project
activities
currently
addition
no wetlands
would be degraded
by
construction
in the
current proposal
The
tee
for Hole
would be placed
occur over
strip
within
the
wetland complex
since
at
Jean
Klock up
to
Park
200
Minor
feet
would
of wetlands struck
players are to
carry
over
Errant
searching roughly
would
have
potential
disturb
the
season extent
in this
200 by 100
feet
wide
triangular area
The
and
of wetlands
would be degraded
Type
Size
Acre
0.23
PEMJSS
The recognized wetland
water storage
protection for aquatic natural functions
which
would be affected
patterns runoff
as
result
of the
project
are
flood
drainage
sedimentation general
filtration
and purification
erosion
food chain
production
spawning
species
Wetland
of uniqueness
heritage
and recreation
light
would
not be affected
to the disturbed
nature
Department
of the
Army
Permit
Evaluation
File
No
05-054-002-0
Page
34
HARBOR SHORES-MARINAS
CORPS000 1900
recreational
use
Each
of these functions
as
objectively
documented
of
information
described
in
ll.D
above
The proposed
likely to
action the
would
result
in
which would be
sedimentation
provide runoff
following
functions
storage
drainage
patterns
filtration
and purification
rearing
erosion
resting
protection
sites for
food chain
production general
species
spawning
and
aquatic
and semi-aquatic
mitigation
has
to
provide
replacement
are to
of
wetland
to
be impacted
because
be re
created
floodplain
are
by removal of waste
to effects
material present of
However
in
wetlands
subject
from
not
in
are
the project
The proposed
of invasive
mitigation should
plan
does
control
comprehensive
species
they
appear
to limit
the
become dominant
the
functions
The
not
Detroit
Guidelines
Adverse impacts
appropriate resources
to
wetlands
would be major
The cumulative
could
result in
effects
of such
actions
without
In
summary
the project
has
the potential
to
impacts
on
wetlands
Denial
of the permit
would
impacts
The
be
modified by
siting
Hole
18
in to
an
directly
across
the
Paw Paw
River
course
would reduce up
to
wetlands
to
construction project
of the golf
by removing by
letter for are
this
The
for
applicant
however
dated
February
20 2007
to
stated
this
area
noW
reserved
residential the
the overall
project
be viable
Two
The
par
over
North
proposed
for
community paths
this the
size of Hole
18
i.e
shortening floodplains an
hole
to
However roadways
restrictions
wetlands
not
formerly
nearby
we have
upland areas
suitable
identified to
alternative
layout that
flow
par
of
play from
par
shorter holes
concluding
long
to
hole
lie
The
preceding within
and 16
areas
are
and
respectively
entirely
non-wetland
The
latest
version
of the wetland
mitigation
plan prepared
by J.F
New
is
dated
February
13
Department
of
FiLe
No
05-054-002-0
HARBOR
SHORESJvLARINAS
Page
35
CORPS000
1901
2008
End
1.b
be issued
with
special conditions
to this
as
follows The
applicant
to final as
shall
revised
mitigation
plan acceptable
could address
prior
issuance
One
of the revisions
exotic
andIor
plant control
Certain such
exotic
andior
undesirable
species
in
the mitigation
site
Examples
Aster
of
species
include
Ailiara petiolata
Loosestrife
Panicled
Echinochloa
crusgalli Purple
Ree.d
Lythrum saiicaria
Water
Mi ifoil
Myriophyllum
spicatum
Canary Grass
Phalaris arundinacea
If
Common Reed
undesirable plan
Phragmites
is
Rhanmusfrangula
and
an
species
found within
prevent
must be removed
management
must be created
to
the re-introduction
of the undesirable
species
This
would
assuring
reduce
the impacts
due
to
loss
of wetland
functions
by construction
by
successful
completion
of wetland plants
mitigation
and functional
replacement
without
monotypic
stands of nuisance
If
the mitigation
loss
plan could
and would be
successfully ultimate
implemented
or failure
it
appears
that
be no net
of functions
and values
specific to
The
success
of the mitigation
would be dependent
the permit plan and success realized mitigation
to to
upon the
the
actions accept
of the applicant
full
and
their
agents
require
permittee
to
or failure
to satisfy
require
the permittee
undertake
remedial the
measures
anticipated
to
if
necessary
criteria
would increase
mitigation
benefits are
Conditioning plan
to
the permit
it
require revisions
bring
into in
agreement with
replacing
current District
plans
assure success
wetland functions
impacted by
project
These issues
that
sufficient
acreage
is
available
in
to
establish no less
than
7.84
acres of
new
room
excavating
Removing
This species
is
panicled
Aster simplex
considered
nuisance
the
mitigation
wetlands
Removing
species
is
silver
tree
species
planting
list
This
relatively
low value
likely
to
contaminants
before
wetland
soon
as
detected
in
the mitigation
areas
Do
not
wait
until
of nuisance
plant
species
to
that
provided
in
the Detroit
District
mitigation
would be used
Define
such
as
success
the
measure
of the
such
as
comparison
with
large
nearby existing
wetland complex
area north
Department
of
the
Arm\
Permit
Evaluation
File
No
05-054-002-0
Page
36
HARBOR
SHORESJvLARINAS
CORPS000 1902
mouth
of
Ox
12
or the river
bend downstream
is
of
Clarifying mitigation
site
the
first
full
growing
construction
and plantings
the responsible but
are
completed
all
Stating clearly
party for
three their
mitigation property
sites
The
City of St of of
Joseph
the 18
is
project
partner
wetland discharges
as for residential
on
allow
for construction
golf course
holes
as
well
development
phases with
There should
be one responsible
party throughout
the construction
and monitoring
standards
of the mitigation
10
final
provide
criteria
clear performance
yearly targets
showing
progress
toward
success
11
provide provide
an
as-built
survey
after
initial site
grading levels
for
each site
12
years
hydrological
predictions
with
water
throughout
End 73
Effect
typical
on Conservation
Commenters
Indiana present
points
The endangered
area
species
survey
shows
that
box
turtle
state
listed
animal
bat
in
species
and several
ravine
state-listed
plant
for
species
are
the
project
The wooded
provides
habitat
migrating
and nesting
neo-tropical
songbirds
Applicants response/rebuttal
the project area
is
Dr
Allen
Kurta December
13 2005
area
is
see
End
74.a
stated as
that
summer
project agent
habitat area
However
Kurta
that
report refers
to
low
to
portion
of the
Dr
responded
migratory potential
End
place
74.a
in the
Additional
was provided
so
that
removal could
summer
of
2007
Corps Findings
activity
the ecological
balance
and
of which
of
valuable
as fish
resource
as
documented
Section high
ll.D
above
wetlands
some
can
function
spawning
or cover
areas during
migratory
bird stopover
and foraging
point
The
affect
the balance
to
and
integrity
from the
loss
in
negative
impacts
migrating
and nesting
neo-tropical
shrub
and
forested portions
of the mitigation
areas fully
develop
The proposed
that
project
would change
considerably prevent
an
area that
less
now
supports
of species areas
if
into
one
would probably
support
to
diversity stands
Wetland
successfully
developed
and managed
monotypic
of nuisance
may
exhibit greater
Department
of
the
Army
Permit
Evaluation
File
No
O5-O54-OO2O
HARBOR SHORESvLARINA5
Page
CORPS000
1903
botanical
diversity than
some
of the wetland
areas scheduled
for discharge
of
fill
material
We
sodalis
consulted species
Federal
are
species
lists in
The
following
endangered
Indiana
or
threatened
known
occur
in
Berrien
County
similar habitats
for this
bat Myotis
an
The
overall
project
low quality
construction bat uses sites
habitat
species
tree
To
preclude
unintentional April
take
with along
in this
of this species
MDEQ
has
prevented
particularly identified
cutting
between
and September
30 of any year
bark
The
large trees
oaks the
and
of large
cottonwoods cottonwoods
be precluded
peeling
for nesting
The Corps
row
as potential
bat
Tree cutting
could
through
September
bats were
to
30
surveys
In
of identified with
potential
roost trees
2007
at that
dusk showed no
no adverse
affect
using
consultation
FWS
habitats
the Indiana
bat would
occur
due
to
this
limited tree
removal
No
other Federally
listed
rare
endangered
Several
to
or threatened
rare
species
or critical
would be affected
are present of Rose
in
state-listed
and threatened
species colonies
be taken
prevent
the
known
and
pink
angularis state-threatened
within
of Holes
The cumulative
numerous
impacts
of numerous
projects taking
and threatened
species
In
surrimary
the
project
with
successful
mitigation
will
long
the
term negative
long term by
and
the
overall
staff
and over
activities
maintenance
and visitors
Denial
of the permit
impacts
The due
project
to
could
be modified by reducing
of existing wetlands with
the to
the size
of Hole
tee
18
This
could
reduce
conversion
golf fairways
siting
and green
by reducing wetlands
course
wetlands formerly
converted
filled
However flow
numerous
restrictions alternative
floodplains layout
that
we have
not identified an
to
would provide
concluding
long hole
permit
could
be issued
inches
with
as
follows
through of
The
applicant shall
not
cut trees
dbh during
of April
September
in
force
This
would eliminate
nesting despite
the possibility
take
bat by removing
in
colony
the tree in
FWS
agree
condition
should could
remain
any permit
issued
the
summer
of
2007
Other
trees
become
bat roosting
years
End 18
IV
Identified Social
Impacts
No 05-054-0010 of the Army Permit Evaluation HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
Department
File
Page 38
CORPS000 1904
Visual
Aesthetics
Commenters
golf course
points
Several
commenters
In
stated
that to
use
Kiock
Park
for the
three project
side
holes
was
inappropriate
to
addition
concerns
recreation
would cause
the dunes of the
stretch
change
the
the appearance
on the vegetated
the project
landward
of deal
above
Lake Michigan
beach and
that
One commenter
this that
felt
crowds
of canoeing
great this
banks
of the
Paw Paw
River
would
Jean
affect
the experience
of river
asserted
Klock laws
Park was
an
historic
landscape
historic
preservation
Applicants Benton
response/rebuttal
The
applicant
stated
that
with
Harbor
park owner
has been
negotiated applicant
for
and presumptively
overall
in in
Harbor
The
Harbor
uses
completing
the
obtain
approval This
conversion
park
land
22 acres
of
process
was required by
in
National
Park Service
because
certain Federal
fund investments
made
Jean
Klock
Park
Corps Findjpg
is
not
the existing
open space
uses
in
much
of the 22 acre
area
vegetated allow
of the top
be converted
as parking of the park the existing
lot
landscape
shapes
golf play
lot
acres however
the visual
space
The
removal
will
may improve
structures to as
context
The
golf course
introduce determine
new
its
the an
condition
that
of the park
the
qualification vital
Corps concluded
compositional public
project
will
not destroy
elements
that
the
harmony 74
or unity
visual
distinctiveness
or diversity of an
area as viewed
Ends
75
activities will
by
the
The
south north with during
be noticeable
from within
the park
new
residential
area
and from
residential
neighborhood
large open
on the bluff
is
may
detract
of
area that
lightly will
vegetated except an
of shrubs of the
grasses
parking
lot
is
generally
this
used
the peak
swimming season
as
project completion
lot to
project
transform
area that
may
be
characterized
open
space
one which
may be characterized
will
as open space
with
net impact
of this transformation
depend
on individual
The change
work and
in
operation
of the
project
will
cause
qualities
major short term and minor long term around the project area The
aesthetics would not
likely
cumulative
substantial
of numerous
such projects on
visual
become
and negative
of the Army Permit Evaluation No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
Department
File
Page 39
CORPS000
1905
III
SUII1IUdIy
uie
piOjeLL
eiieei
Oil
SLlILiLS
over
the
...11
WOLIIU
L.JlIdJUJ
dIlU
IlLIgdLlVLI
Ill
IIILI
iioii icini
but dependent
on personal
preference
long
term
Noise
Commenters
points
No comments None
received
Applicants
response/rebuttal
Construction
activities will
including
tree
clearing for
earthmoving
period create existing
to
pile
driving and
placement of riprap
construction located
at
increase
ambient noise
of approximately
months
levels for
After
of the project
area will
minor change
residences noise
to in
in
noise
receptors
vicinity
Most
the
immediate
would
be demolished
construction
few homes
will
is
be subject
not
from
applicable
earthmoving
noise
criteria
equipment
during
The
increase
expected
violate
The
project operation
will
not
be contrary speed
not
to
the setting
of the area
Several
roadways The
exist
including such
the high
limited access
highway M-63
cumulative due
to
of numerous
projects would
become
substantial
Overall impacts
noise
he
Designated Historic
Cultural
Scenic
and Recreational
Values
Commenters
Kiock
points
Commenters pointed
station for
out that
an
archaeological
site this
was
site
located
in
Jean
and
M-63
SIHIPO
confirmed
that
was investigated
Places
be
eligible
listing
on the National
extensive
Register
of Historic
NRI-IP
nature
End 43
Klock
in
Commenters also
provided
information landscape
regarding architect
eligible
of
with
famous
that
and
his
associates
Michigan
Commenters
asserted
the park
was
for
NRHP
for
The
SIHIPO
concurred
that
none of
the
structures
in
the project
area was
eligible
the
NRHP
Ends
47 and
70
The
ACHP
supported
the
SHPO
on
historic
properties
End 30
The
likely
Applicants response/rebuttal
overall space project area as
for
it
agent
that
provided
survey
of 50-year
in
the
was
number
of structures
would be
provide
and associated
redevelopment
Later
to
the
applicant an
hired the
landscape
architecture
branch of Klock
the
firm Hitchcock
and Associates
that
prepare
significance
of Jean
Park
They concluded
Department
of
the
Army
Permit
Evaluation
File
No
05-054-002-0
Page
40
CORPS000 1906
although
that
Jens
Jensen should
prepared
plans there
is
no evidence
for listing
that
the plan
was implemented
and
the park
not be considered
eligible
on
the
NRHP
Historical sites
affect
Corps Findings
affected Federal
The
up-dated
NRHP
The
was
checked
Registered
by
the
proposed work
Rivers
proposed work
or being
as
would not
for
an
area designated
Wild
and Scenic
not affect
Act
considered
such
designation
The proposed
work
would
areas designated
Natural
Landmarks
Recreation
National
Wilderness Parks
Areas
National
Seashores National
archaeological
Areas
National
National
Monuments
to
resources Harbors
land
including Jean
Indian
Kiock
Park we know
due
to
state regional
use classification
historic
or recreational
values
The Corps
thus not
this
reported
the archaeological
to in
site to
SI-IIPO
SHPO
that
the site
and found
for listing
be the
so disturbed
by past
activities
lacked roadway
site
is
integrity
and
is
NRHP
Even though
replacement
proposed
all
near
would be impacted
requiring
are
Should
Corps permit
be issued
permits or
contain
SHPO
if
artifacts
other archaeological
discovered
construction
End
making
74 75
that
Jean
Klock
Park
was
not
an historic
property
of Jean
report
extensive
materials
submitted
Kiock
not
and
after
site visit
Park
is
eligible historic
listing
on the National
at this
Register
of Historic
Places
Thus
the project
affect
property
location
SHPO
by
letter
concurred
in this
determination agreed
2007
End 41
by
letter
April
The
Preservation
SHPO
determinations determination
were
after
27
2007
End 30
Historic
letter
review process
potential Office
Corps
solicited
comments from
Corps Regulatory
the Detroit
consulting collected
End 76
Archaeologist
by
dated
30
2007
The
in
the District
District
Environmental
its
Branch no
12 2007
affected
End 77
by
the
on March
The
to
Corps provided
determination
that
historic
would be
project
SHPO
on March
23
2007
End 78
Patterns
points of
Several
commenters
golf course
stated
that
the public
park
Jean
Kiock
Park
should
private
Applicants response/rebuttal
lease agreement with
the
The
applicant
stated
the use
of Jean of critical
Klock
Park would
be
under
10
City of Benton
Harbor Owners
them from
properties
to
would not
sell
to
Harbor Shores
preventing
shifting
golf holes
the
away
of th Army Permit Evaluation No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
Department
File
Page
41
CORPS000 1907
from
the
wooded ravine
from Jean Klock
golf
Harbor
Shores
also
maintained
to
that
taking
advantage
interest
of views
in
of Lake
Michigan
Park was
critical
maintaining
that
financing
signature
to
championship
existing viable
course
The
intended
supplant
manufacturing
to entirely
facilities
Such
to for
redevelopment
wetlands or to
golf course
loss
holes
avoid
impacts
tax
would be necessary to site several Jean Klock Park but would result in
of existing
employment
and
base
Benton
Harbor
The
to
consider
modifications Jean
to
the project
that
major portions
Kiock
Park
the
wooded
the
This
due
land
use
existing
the more
open
recreational
space
and higher
areas within
the overall
project area
The
proposed project
is
presumably
consistent with
as
zoning
project
unit
for
the area
for
The
local
partners
in
and
some
No
property
objections were
received
from
local
of government
The
and
state
has
issued
as
their
respective
permit
Therefore use
we
defer to
these
state
local
entities
and
local
land
goals
From
or shallow
national water
perspective
the
work
should
not encourage
of wetlands
areas to
in
upland
residential
devclopment
or flood-prone
Nor
trend of investment
encourage development
features in lowin
potential
high
erosion
to
The
project
has
planned
associated
residential
developments
non-wetland
of the floodplain
perspective
may encourage
trend
of
to
abandoned
previously
more
developed areas
to
intensive
uses
This
could
In this
supply
an additional
disincentive
clean
abandoned
up
for
or contaminated
sites
case
redevelopment
natural planners avoiding enclosures
contains several
return
wide variety of natural areas impaired of which were contaminated The from the clean up of several
impacts
achieve
maximum
impacts
to
project
economic
sites while
to
and minimizing
discharges applicant Since
in
natural
areas
Substantial of
negative densely
due
stream
area
wetland
all
areas
wooded
to
ravine the
remain
ravine
The
failed has
alleges
attempts
purchase described
alternative
in
properties
avoid
wooded
the
the
first
MDEQ
feet 9.8
Public
to
Notice
applicant Similarly
amount
of stream has
alteration
from 1600
1060 feet
the amount
of wetland
discharges
been reduced by
application
Department Arm Permit Evaluation of No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
the File
Page
42
CORPS000
1908
The work
present
land use
due
to
the proposed
residential
The
applicant has
purchased numerous
areas
properties of
substantial
convert
brownfield
to residential
sites
to
recreational
sites
would be
uses
Also
the wetland
and floodplain
to
areas would be
from brownfield
sites
aquatic
areas or parkiand
controversial
for this
provision
to
change
land
use
within
at
substantial
state large
portion
park
Approval
change
in use has
been obtained
the local
and Federal
acreages of
levels
Overall
however
the
cumulative
effects to
where
abused
and contaminated
In
summary
the
projects
overall
effect
likely
preclude
impacts because
it
is
unlikely
financing time
for
proposed within
readily foreseeable
planning
frame
The Corps
purpose while
such
as the
has
practicable Jean
alternative
that
could
allow
for
the projects
natural
avoiding
Klock
Park
wetlands
areas
wooded
ravine
and associated
stream
impacted by Hole 10
Economic
Effects
Commenters
golf course
points
EPA
that
stated
that
particular
design
to
Jack
Nicklaus
Signature economic
with
special
design
criteria
was
golf
not likely
fulfill
the projects
all
purpose
EPA
stated
very good
designer there
is
course
not necessarily
meeting
this in
specific
requirements
of
particular that
EPA
for
later
withdrew
golf course
objection
Other
stating
commenters
that
remarked
is
no public
another
Michigan
and
that in
Michigan
ranked
100
third
among U.S
states
is
the
number
to
of golf courses
Jackson
Michigan
about
miles east
of the project
second only
Sarasota Florida
the number
of golf courses
per capita
Applicants
project Several
response/rebuttal
to
The
actual
applicant
provided
large booklets
describing
the overall
prior
making
their
application held
to
and
later as
application
package
inter-agency
meetings
were
discuss
various
Feb 22 2007
The
applicant
for part
provided
the
major revision
10
to
the
layout
End
79
stating
that
the property
for
and 11
price
was priced
not shared
and was no
longer
being
in
considered
The
was
with but
change
location
required re-design
Department
of
t/te
Army
Permit
Evaluation
File
No
05-054-002-0
Page
43
CORPS000 1909
resulting in two
new
design
submittals
on March
2007
and again
on March
12 2007
October by
19 2006
The
The
applicants
states the
agent
provided
an
Alternatives
Discussion
is
received
MIDEQ
End 80
economic
This
will
report designed
redevelopment
projects
to
main enabler
attract
championship
further spur the
golf course
by
famous
residential
golf professional
home
buyers
and
growth through
provide
three
and commercial
developments complementing
vacation with
course
key economic
integrating
components
drive-to
the natural
destination scenery
that
the development
offer
July
2006
Harbor Shores
provided
project
description
work
hook
in
meeting
the job and
sponsored by
tax base
U.S
Representative overall
Fred Upton At
that
End 81
time
project
in
the overall
included
development
over 12 years
beach
an indoor
hotel
880
residential
4000 2000
jobs
during
phase
continuing
in
construction
Increases
tax base
Benton
Harbor
$172
million
75%
Township $12
million
City of St Joseph
$193
million of
30%
and Benton
3%
EPA
brownfield
commitments
$400000
awarded
Jan 24 2006
regarding
alternative
In
response
End 82
an
to
the
Corps Hole
designs
the agent
the
original
Hole
now
15
at
was
moved
north
onto
residential lots
development
an estimated
While
cost of
also
$600000
future
The
also stated
the reduction
in
housing
that
units
would
reduce
in
Harbor
The
agent
as
stated
housing
units
would make
uneconomical
even
not-for-
venture
Jan 12 2006
agent
In
response
letter
to
work
session on December
overall
16 2005
the
the applicants
is
provided
response
End 83
at
The
purpose of
project
to
provide
economic
agent
tax base
communities
The
asserted
MDEQ
to
agreed
the meeting
that
the project
benefit were
reasonable on
hole
review
of Feasible
identify
and Prudent
practicable
alternatives
by the agent
that
by hole basis
alternatives feasible
fills
could reduce
Moving
Hole The
now
two
Hole
15
was considered
large
hut
likely
not prudent
the cost
to
remaining
wetland
at
that
time
Holes
and
11
were
reduced
Department
of
the
Pile
No
05-054-002-0
Page
44
CORPS000191O
November
regarding applicant the project
to
2005
End
the
The Corps attended an inter-agency meeting with 84 Economic issues were tangentially discussed
alternatives
the applicant
in
requesting
the
re-examine
potential
13
acres of wetland
impacts discussed
The
cost
CSX
bridge
was
also
Oct 13 2005
provided
that
The
applicant an
to
presented executive
attract
the overall
project
to
various
agencies
and At
large package
including projected
End 85
$479 million
investment
increase
Benton
Township by
the applicant presentation
3%
respectively
Meeting
Governor
construction the
Granholms
including phase
were
End 39
hotel water
This
new
jobs in
936
residential
park
resulting in
4700
total
construction
and 2500
permanent jobs
July portion
stating
2005
The
agent
submitted
the original
application
package
an
for the
of the overall
that
all
development
End
The
submittal included
Alternatives
13.61
were The
unavoidable
under
and feasible
alternatives
applicant
described
effort to
the project as
revitalize
and
prime component
the
lost sites
areas
and
that to
The
urban
submittal renewal
Benton
Harbor
5500
has
yet
manufacturing
to
1960s
former manufacturing
allow
Benton
Harbor
as
recover
to
economically
successful vacation
In this
The
alternatives
discussion
three key
ingredients
to
keys
project buyers
on
has
the
attract
home and
submittal
Benton
Harbor
Township
by
respectively
The
contractor
equipment
project
supplier
enterprises
would
benefit
from the
in
proposed work
This
and
ancillary
development represent
that
significant unlikely
to
investment provide
the
area
The Corps
within
agrees
manufacturing
that
is
large
the vicinity
likely to
recreation-based
economic
that local interests that
engine
backing
overall
is
more
attract to
buyers
to
region
The
this
project
appear
in
he committed
of the
long
term
investment
likely
Corps agrees
as
result attract in
property
values
project
would
increase
of the
Increased
local tax
benefit local
local
businesses
and
new
Benton
revenues
the various
jurisdictions
particularly services
as
would increase
This
would
translate
into better
community
result
Department
of the
Arnr
Permit
Evaluation
File
No
O5-O54OO2-O
HARBOR
Page
45
SHORESJvIARINAS
GOLF COURSE
BOAT LAUNCH
CORPS000191
In
summary
the projects
effect
on
economics
if
completed
as
planned
would preclude
impacts
because
it
is
unlikely
that
be
proposed within
readily foreseeable
planning
frame
Effects
on Recreation
Commenters
vegetated values
points
Many
park
commenters
in
stated
that
converting Park
open
areas
the
landward
Jean
Kiock
would
adversely
recreational
of this public
Conversion
Kiock
or mitigation
recreational
Benton
the project
would reduce
the recreational
of the river
persons
in
small
craft
opportunities
Applicants
response/rebuttal
The
mitigation
for
public
recreation
in
by the
MDNR
the Michigan
Trust
National
One
of the culverts
currently
proposed between
mitigation
the river
for
trail
package
Cos
The
Findings
proposed work
would destroy
it
an
area which
is
important use
for
to
of fish and
game
although an
is
not
in itself
open
to
public
hunting
The
not cause
obstruction but
of an
area currently
waterskiing
would add
new
boat launch
canoes
and kayaks
the
Low
and
water
levels
may
allow
somewhat
River from
the
season
such
project
use
bridge Particularly would reduce the value of portions of the river photography birdwatching and the like
under the
CSX
passive
recreation
as wildlife
observation
in
The
use
the
number
and
this the
permitted
river
The
applicant
greens
Once
fairways
and
mature
wildlife viewing
from the
river
would
improve
The
landscape
especially
of the golfing
season
project
will
change
some
relatively
areas to
use hiking
dominated
and nature
by golf and
observation greens
and vegetation
replaced
features typical
related
Thus
would be
fees
by new golf
recreation
opportunities
for
Department
of
th Armr
Permit
Evaluation
HARBOR SHORES-MARINAS
Page
46
CORPS0001912
Determining
interest
is
whether
the
the
proposed conversion
of this review
in
of land
use
in
Jean
Klock
Park
is
in
the public
beyond
scope
While several
local
and regional
the
residents have
condemned
presumably
the
City of Benton
to the
Harbor
is
arrangement
applicant
for
portion
proposed
in
Kiock
Park
The Corps
decision
regarding Park
the
permit
application
the
affect
determination appropriate
by the National
Service
whether
on
proposed conversion
In
summary
the
projects
for
effect
those participating
is
on recreation would be both major predominately long term in golfing and negative for hiking and nature proposed
including the provision of public
trail
and connecting
the
along
in
the
Jean
is
Kiock
to
Park
Cumulative
land
impacts
of numerous use
for
which
such projects
substantial as
overall
purpose
convert
derelict
for public
could
the
become
and
result
positive
Recreational
opportunities
golfing
of this project
public passive
opportunities increased
in
would decrease
activities
season
Denial
the
of the permit
to
applicant
consider
would avoid these major and minor negative impacts alternatives that would reduce impacts to wildlife
large wetland since
fills
The
habitat
river
Jean
Kiock
Park
Two
two marinas
in
wetland
been removed
certain
areas and
have
to
the original
application
effects
However
in
negative Jean
types
of recreation remain
for
The
most notable
are those be
Kiock Park
in
where
for
hiking
and nature
observation
would
reduced
exchange
new
Impacts
would be positive
or negative
depending
on individual
Effects
on Safety
Commenters
points
None
received
Applicants
response
None
Corps Findings
least
During
operation applicant
safety in
of the project
states the that
golfers would
have
to
cross be
public roads
in
at
three locations
The
on
appropriate
signage
would
used
The
should
have no impact
project
waterway
In
summary
can roads
the projects
risk
applicant
local
is
reduce
by providing
where
on safety would be minor long term and The negative reminders to golfers and maintaining warning signs on would cross Enforcement of these sensible precautionary measures
effect
beyond
the
Corps
of authority
Food
No
impacts
would be expected
Department
of
the
Army
Permit
Evaluation
File
No
O5-O54OO2-O
Page
47
CORPS0001913
Mineral
Needs
No
impacts
would be expected
10
Energy Conservation
and Development
No
The
impacts
would be expected
11
Consideration subject
of Property
to
Ownership
and and
applicant
has
in
right
to
reasonable
the rights
interests federal
the waters
of the United
federal
will
navigation
servitude
to
for
The
project
have benefits
including
right
property
complex
project
either
both
Several
properties
affected
are
owned by
Harbor
These
entities
described
by the applicant
project co-sponsors
The
identified
practicable
alternatives
that
will
still
afford
reasonable
private use
alternatives
of the property
that
and accomplish
the overall
The Corps
considered
included
purchasing
other uplands
where
holes
and ancillary
facilities
could
be
developed
Cumulative
Effects
Cumulatively would
impacts
the
proposed permit
activity
with
successful
stream
described
in
the sections
above
Secondary
Effects
Issuance sections
of the permit
would
cause
secondary
effects
on the action
in
the
above
these effects
would
activity
construction
project
purported
to
be
to
in
wetlands could
is
or
waterways encourage
The new
attract
other investment
proposals
convert
aquatic
upland uses
Such
activity
not
immediately foreseeable
that
Futurc
requests
for marina
and associated
housing projects
this
impact aquatic
versions
resources
interest
shown by
developer
in
earlier
The proposed 25
ecosystem
mitigation
foot
setback buffer
for
adverse
impact
to
the aquatic
substantial
waterway
is
expected
in
to
follow
golf course
alternative
development
analysis
Several
upland
has
stated that
the
applicants
The
applicant
Department
of the
HARBOR
SHORESJVIARINAS
Page
48
CORPS0001914
game
practice area
between
the north
as
now be
reserved This
for
upland
residential will
End 10
development
not
not
available
planned development
require further
wetland
or floodplain
impacts
General Criteria
The
relative
extent
of the public
for
the
Commenters points
in
Several another
in
commenters
golf course public park
is
stated not
that
many
golf courses
are
available stated
nearby and
the region
and
that
nccded
Several
for
commenters
use
as
that
conversion
of open space
is
golf course
run
by
private entity
not
appropriate
Applicants
course
as
response/rebuttal
The
applicant
has
presented
this
project
with
distinctive in
golf
an
economic
enabler
to
that
would
attract
considerable of
variety
additional of income
investment
levels
and commercial
housing
development
be used by people
Corps Findings
finds
that
There
of
is
is
public
investment
in
Benton
for
Harbor The
Corps
the use
championship reasonable
an
economic
enabler
larger regional
redevelopment commercial
plan
There
is
housing
and
activities
gain
investors
Where
reasonable or
conflicts
as
to to
resource
use
the
of using structure
alternative
and methods
accomplish
of the proposed
work
Commenters points
Notice
feet
EPA
objected excessive
to
the application
as
described ravine
in
the second
MIDEQ
of
to
Public
because
of perceived
impacts
to
the
wooded
after
of stream
EPA
1200
the
later
rescinded
this
and
reviewing
to
relocate
to
stream
with
impacts
forested
areas decided
to
recommend
with
enclose
FWS
concerns
that
appear
satisfied to
the current
affect
concurrence
likely
adversely
hat
Several
commenters
the conversion
and floodplain
be reserved
conversion
flooding
for
damage
Several
objected
the
Klock
as
Park
construction
holes
that
contended
historic
They
for
use
bathing
and
the parks
significance
Applicants
response/rebuttal re-designed
After
EPA
rescinded
its
objection
to
the stream
enclosure
work
the applicant
of proposed stream
enclosure
Department
of the
Arm-c Permit
Evaluation
File
No
O5054-OO2-O
Page
49
CORPS0001915
The
agent
replied
to
to
these objections
stating
that
wetland
and floodplain
all
impacts
were avoided
out of
and minimized
wetlands
the
maximum
practicable
extent
as
by placing
planned buildings
possible
in
and by locating
mitigation Jean
many
is
golf holes
as
available
uplands
Wetland
architect
and floodplain
report
The
not
applicant an
historic
hired
landscape
who prepared
stating
Kiock
property
Corps Findings
course
that
The Corps
finds that
specific
requirements well-designed
for
Jack
Signature
golf
are
go beyond
as an
of
championship
Some
course
apparently
views of
significant in
such
the view of
this
Lake
Michigan
contribute
Klock
Park
Obtaining resources
view Corps
of the
may
impacts
in
the park
wetlands
The
performed Michigan
Register reduce
sites
site
visit reviewed
available
that
materials
and determined
is
the concurrence
SHPO
Jean
Klock
In
Park
terms
not eligible
for listing
on the National
that
and thus
impacts
not
an
historic
property
alternatives
would
we
the upland
and
wetland mitigation
not provide resources or do not
the
sites
appropriate
alternative
aquatic
from
that
proposed plan
shape
are either
themselves
design
provide concept
elongate
and location
accommodate
golf hole
and
play
The
structure
extent
and permanence
is
of the beneficial
and/or
detrimental
to
effects
which
is
or
work
likely
to
which
the area
Commenters points
course
One cornmenter
wetland
inquired
if
there would
failed at
be
net loss
later
of wetlands
if
were
the golf
built
in
date
The
applicant
for
stated
that
all
impacted
wetlands
would be replaced
wetlands
replacement ratio
The
mitigation
would be preserved
under
Easement
Corps Findings
We
are not in
position
to are
determine
wetlands of
and shallow
golf course space such
water
areas proposed
for impacts
to
ultimately appropriate
are
portions
Wetlands
course
adjacent
to
the river
generally due
more suited
to
open recreational
as
golf
than
uses
involving
structures
the risk
of flood
damage
Mitigation
wetlands
net
would be protected
wetland area should
under
the
Conservation prove
Easement
successful wetlands
permanent
variety project
gain
in
mitigation public
The
project
area has
of current
uses including
involve
residential of
parkiand
The
would
conversions
some
high
density residential
Some
Department
of the
Arm\
Permit EQaluation
HARBOR
SHORES-MARINAS
Page
50
CORPS0001916
to
sell
water
that
periods
Changes
to
the type
of recreational be
relatively
public
but
Changes
Jean
Kiock
permanent
uses
due
golf hole
are
construction
be
converted
open park
land
because
no buildings
proposed
within
Alternatives
The
following
administrative
alternatives
Issue
the
permit
as
proposed
Issue permit
the
permit
with
modifications
shortening
As mentioned
of Hole
in
paragraphs
ffl.B.3
and
ffl.B.4
above
issued
which required
18
discharge
discharge
areas were
to
originally
proposed work
area
is
was
considered
Such
wildlife
modification
would reduce
habitat
affect
impacts
wetlands and
but
the
this
within
that
low quality
and aquatic
The
applicant
asserted
Corps concurred
such
modification
would greatly
fulfill
of golf play in
championship
golf course
the projects
and beneficial
effects
on land use
and the
local
economy
Issue ffl.B.2 the permit ffl.B.3
with
special conditions
As mentioned
with
special
in
paragraphs
ffl.A.1
ffl.A.2
ffl.B.1
and
ffl.B.4
above
permit
conditions
to
Provide
an
acceptable erosion
storm water
sedimentation stream
plan
the construction for stream
Ensure proper
Provide Provide an
phase
approved
revised
trees
mitigation
compensate
enclosure
work
wetland mitigation
greater than
to
plan
of the Hole
will
Avoid cutting
April through
to
area from
September
quality
30
preclude
bat
impacts
water
erosion aquatic
the projects
habitat purposes
terrestrial
wildlife habitat
effects
conservation while
local
fulfilling
and beneficial
on land use
Remove
temporary structures
of irrigation water
at
completion
pipe
Mark end
intake
with
Deny
the application
Consider
the no action
alternative
IV The
address
portions
of this document
constituting
the
Environmental
Assessment adequately
project included
as
the relative
magnitude
of the expected
impacts
of the proposed
within
our
mandatory scope
negligible defined
in
of analysis
The
range
magnitude impact
no impact
significant for
is
impact
minor impact
major impact
significant
the term
regulations impact
implementing
the
NEPA
Our
indicate
the potential
significant
on
quality of the
human environment
Therefore
do not recommend
Department
of
the
Arm
Permit
Evaluation
HARBOR SHORESMARlNAS
Page
51
CORPS0001917
preparation
of an
environmental
impact
statement
404b
We
waters
Guidelines
Compliance
Evaluation
have
of the
evaluated
the
effects to
of the proposed
the
discharge
of dredged or
fill
material
into
the
U.S
according
Section
404b1
in
Guidelines
for Specification
of Disposal Section
Title
40
CFR
230 pursuant
to
404 of
Act
Factual
Determinations
in light
of Subparts
C-F
of the Guidelines
have been
set
forth under
appropriate
impact assessments
above
Testing
The
material
to
be discharged
in
this
of
sand
construction
site
waste
Subpart
of the
requires
of
the extraction
material
for contaminants
except
testing
is
not required
the
discharge
boat
to
launch
material
because
material
comprised
of commercial
sand
gravel or stone
which
do not adsorb
mitigation
of earthmoving
is
adjacent
are
to
the extraction
to
and subject
contamination
to
sources
of contaminants
constraints
available
reduce
acceptable
levels
willing
and able
to
permit
End 36
implement
such constraints
MDEQ
special
U-li
Mitigation/Alternatives
The
following
is
summary
of the mitigation
sequence
as
as
it
Memorandum
applicable
its
1990
if
of Agreement alternatives
by the
EPA
pertains to
and
ANoidance
This
large
project
is
centered
and
is
its
wetlands
entirely
We
and
adjoining
have independently
fulfill
there
no practicable
avoid
way
to
discharges
purpose
avoid
the
However
discharges course
instances other
where
we
have
identified
would
and would
significant
adverse an
environmental consequences
reduction
in
Over
applicant
has
made
of project review
overall
wetland
discharge
the
areas of almost 10
acres
Another
in the
substantial
reduction
in
discharges
was
made by
reducing
amount
of stream
enclosures
Arrn
Permit
File
Page 52
CORPS0001918
We
initially
determined
that
the potential
on
the
aquatic
environment
of securing an
applicant
to
address
the alternative
economic enabling
accommodate
the
project
other than
golf course
or locating
sites
which would
several reasons
reasonable
golf play
for
discharges
stating
project
area was
problematic
that
End 62
area and that
He
End 61
to
why
The
be
applicant
responded development
stated
no othcr economic
was found
for
feasible
in the
sufficient
not be secured
complete
high
course
quality golf
We
agree
that
this
avoidance
relative
would not be
practicable
for
cost/logistics/technology
overall
project purpose
Therefore
no
less
damaging
practicable
alternative
would avoid
discharge
Minimization
application
different
Several
modifications
in
to
the
overall
project
place
original
Substantial
reductions
achieved
two
golf course
design
revisions
Two
avoided
As
stated
wetland
of proposed
as
enclosure
also
were been reduced 10 acres by nearly has been reduced by about 600 feet of stream The
area has other minimization
design
of steel
currently
proposed
incorporates
measures
in
including
in-water
golf features
such as the
tees
Jean
Kiock
Park
As
Hole
reduce
described 10
to
in
the sections
to
above
we have
ravine
considered
modifications stream
consisting
reduce impacts
to to
of relocating Hole
to
the
wooded
to
and associated
impacts
wetlands
adjacent
the
river
We
to
and shortening
that
have determined
land
that
practicable 10 out
due
sell
would
allow
of the ravine
area and
overall
as described
above
the impracticability
of reducing
Hoe
due
to
effects
on the projects
purpose
Also
aquatic
as
described
above we have
These steps purpose
are
considered practicable
conditions
that
would
reduce
impacts
to
the
environment
overall
and enforceable
the projects
We
initially
determined
that
the potential
on
the
aquatic
environment
described
applicant
to
address
the alternatives
impacts
End
and
61
that
The
applicant
responded
could
Hole
that
it
Ends
not
to
62
all
10 could follows
80
He
due
not be
relocated
that
be
shortened
the fact
short holes
were specially
and designed
avoid
wetland
impact
We
agree
that
this
minimization
relative to
for
cost/logistics/technology
Therefore
no
less
Dejartn1ent
of
the
HARBOR SHORES-MARINA5
Page
53
CORPS0001919
damaging
practicable
alternative
The
proposed discharge
essential
would occur
or irreducible
fill
in
special
aquatic
to
wetland
The be put
fundamental
after
activity
or use
site will
discharging
dredged or
material
and construction
per Se does
basic
construction within
to
purp
is
golf course
to
not require
that
access
or proximity
or siting
wetlands
Therefore purpose
that
we must presume
do no not involve which
alternatives
all
achieve
the overall
special aquatic
practicable aquatic
site
alternatives
do not involve
discharge
have
special
less
adverse
to
ecosystem
that
As
discussed
alternatives
above
applicant
responded
less
practicable
would have
are available
and
adverse
on
aquatic
environment
We
costlogi
agree
that
minimization
relative
alternatives to the
would not be
project
practicable
for
sties/technology practicable
overall
purpose
Therefore
no
less
damaging
alternative
Coisation
As
described
in loss
to
achieve
functional of equivalent
of unavoidable functions
less to
replacement stream of no
that
or restoration project
replace
the functions
enclosure the
in this
and the
restoration
than
7.84
acres of wetlands
for
adjacent
We
have determined
these
the reasons
specified in those
We
Paw
that
reasons
Stream mitigation
into
through
an
site
and flowing
the
Paw
of the
River
replace
functions
would would
be need
lost to
by enclosing be provided
portions
that
stream with
mitigation
plan
has
measures
policy
Also
lost
the
to
some changes
adjacent
wetland mitigation
discharges of
fill
plan
provide
of functions mitigation
due
all
in
wetlands
the
Paw Paw
will
River
return
The
sites
are
fill
materials
appropriate
to
elevations
to
support
revised
wetland mitigation
need
be
provided
insure functional
404b
compliance No
summary
matrix
Al Proposal that all
is
Proposal
wich special Where compliance
be
action
denial
it
as
conditions
only criteria with
is
currently
proposed
shown
that
in
indicates An NOT
alternatives
for
item
DOES
unknown COMPLY
designated
noncompliance
the
column
Department
of the
HARBOR
SHORES-IvLARJNAS
Page
54
CORPS000 1920
MEETS CRITERIA must overcome the presumption practicable less environmentally damaging aJternatjve site outside special sites aquatic exists If the basic is water purpose dependent that
is
DOES
NOT
COMPLY
The
applicant
OR
not
in
special
aquatic
site
enter
only
N/A
not apnlicable
There
is
must
be
rio
alternative to the
that
less has
damaging no other
aquatic
is practicable ecosystem
and
environmental
significant effects
not or violate
adverse
The
307
discharge toxic
must
state Act
water Section
quality
standards effluent
Clean
Water or
standards
bans
the
The
project
of
must an
not
jeopardize
continued
existence The
endangered
not cause
species
or
project
must
contribute
to
significant adverse effects on municipal water supplies plankton fish shellfish wildlife special aquatic sites or other of human aspects health or welfare
The project must not cause effects or contribute on life
to of on
significant
aquatic aquatic The life
adverse and
stages
other
wildlife
dependent
ecosystems
must not cause or contribute
to
project
significant
aesthetic
or
adverse economic
recreational
values steps
effects
of
All
to
Al
the must
on
the
aquatic
ecosystem
taken
does not comply due
If
project
to
this
explain
if
this
determination
Department
of the
Army
Permit Evaluation
File
No
O5O54-OO2-O
Page
55
CORPS000
1921
differs
from
conclusion
regarding
an
EIS
Section
IV
above
Section
404b
Compliance/NonCompiiance
Determination
The
proposed discharge
complies
with
the requirements
to
of the Guidelines
with
the
inclusion
to
and practicable
aquatic
discharge
conditions
effects
ecosystems
Charles
Simon
Branch
Prepared
by
Thomas
Project Permit
Allenson
Manager
Evaluation
Branch
Enclosures
J.F
l.a
w/plans
August
14 2008
June 25 2008 Plan
dated
J.F
wwork
Wetland
description Mitigation
l.h J.F
February 13 2008
Conceptual
view drawing
letter
March
2008
to
Corps
NWP
verification
05-054-001-0 St Joseph
application April
City of St Joseph
to
July
29
2003
permit July
HSCRI
list
February
20
2008
2005
Notice
13 2006 w/mail
MDEQ
7.a
Public
Notice
Public
June
22
2007 w/
for water
for
HSCRJ May 11
intake intake
2007
application
for
water
intake
MIDEQ
corrected Notice
letter
Notice Hearing
August August
MDEQ
of Public
water
MIDEQ w/encls coordination of comments from public hearing 10 HSCRJ letter no additional to wetlands impacts floodplains May 10 11 EPA letter responding to Corps Public Notice May 2006
Department
of
th Army
Permit
Eualuation
Pile
No
O5O54-OO2-O
HARBOR
SHORES-MARINAS
Page
56
CORPS000 1922
12 13 14 15 16
16.a
December 20 2006
Tune
EPA
FWS FWS
19 2007
April
21
2008 2006
letter
May 12
June
17
17.a
Indiana
letter
bat consultation
June
22
2007
Corps
22
2007
letter
18
18.a
second Indiana
letter
bat consultation
August
2007
Corps
August
2007 w/encl
intake of of
19 20 21 22 23 24
email
letter letter letter
comment on water
on on
August
MIDEQ MIDEQ
public public
notice notice
FWS
NPS
w/encl
of Jean
accept
NPS
denial
Kiock
16
2007 2008
2007
Corps
denial
without
letter
prejudice
November
April
25
26 27 28 29 30 31
Corps comment
on park conversion
letter letter
NPS
29
original
comment
Conyers
to
responding
to
Corps Public
Notice
May 30
2006
Congressman
Jan
MIDEQ
letter
Cong
Memo
ACHP
MIDEQ
Congressman
letter
sponsored meeting
2006
Apr 27
Notice email
letter
of public
32
33 34 35 36
36.a
MDEQ MDEQ
MIDEQ
on 401 and
to
CZM
consistency
October
27
2005
HSCRI
of Public
changes
needed
2006
Notice
November December
2007
MDEQ MDEQ
MIDEQ
Hearing
golf course
letter
permit
May
re stream
intake
mitigation
19 2007
37 38 39 40
MDEQ
MIDEQ
Office Office
water
initial
permit November
original
comments on
application
to
September
21
2005 2005
memo
letter
invitation in
meeting
wencl May 10
September 2006
support
of project
41 42 43 44 45
46
no
effect
letter
April
historic
architecture
concern
site
not an
property 2006
May
2006
Hitchcock
Jean
Klock
Park
Oct
2006
report
October
24
nature of
of Jean
Klock
47 48 49
re survey
50
Park May
February
for Jean
2006
year-old structures
list
Grants
Management fax
letter effects
MDNR
of grants
Klock
Fisheries
of stream
enclosure
February
Department
of
the
Army Permit
Evaluation
File
No
05-054-0020
HARBOR SHORESMARINAS
Page
57
CORPS000
1923
50 51 52 53 54a
54.b 54.c 54.d 54.e 54.f 54.g 54.h
54.i 54.j
MDNR
MIDNR
concerns
intake
November
velocities
2006
July
water
MDNR MDNR
Stock
20
2007
species
October
25
2005
memo
May
on-site review
December
2005
Streeter
email April
29
2006
and
letter
2006 w/ email
November
2006
10 2005
letter
and
Hoilman
May
May April 28
April April
Boerma
Colcough and
letter
24
2006 2006
letter
letter
April email
24
and 2006
Jespersen
April
28
2006
29
whetter April
29
2006
May
2006
Districts letter
November
14 2005
13 2005 10 2005
2005 2005
Drake
Odden
Davis
November
letter
October 30 2005
Krieger
letter letter
November
October 2005
Steering
2005
Boerma
2005
Paw Paw
Beach Wetlands
River Watershed
letter
Comm Comments
15 2005 16 2005 November
2005
October
24
2005
55.k
55.1
e/encl
rcvd
November
letter
Conservation
Assn
55.m
55.n Stock
Kellogg
letter
letter
November 10 2005
January
November Corp
letter
56 57 58 59 60 61 62 63
New
Products
letter
18 2007
Stock
w/encls
letter
Defense
Alliance
of Place
for the
Great
et
comments
to
Defense
of Place
al testimony
letter to
MNRTFB
w/encls
w/encls
June
August 2006
letter
15 2006
Corps
J.F J.F
coordination
letter
applicant
to
30
w/encls
request response
response
for to
Corps
coordination
July
25
2006
email
letter
5-year
permit
May
11 2007
parkiand
63.a J.F
Corps comments on
Klock
Park
conversion
64 65 66
May 14
2008
w/encls
Oct 13 2006
July
w/encl
October
New New
17 2007
email
email
irrigation w/letter
water supply
describing
alternatives supply
2007 October
66.a J.F
water
alternatives
13 2007
Department
of
the
Army
Permit
Evaluation
File
No
05-054-002-0
Page
58
CORPS000 1924
67
S.F
New New
letter letter
w/encl
forwarding
Plan 2007
June 11 2007
67.a J.F
re Stream Mitigation
26
68 69
70
Memo
J.F J.F
Corps site inspection report March 13 2006 Abonmarche Consultants Wetland Delineation Report
June 2005
old structures
New New
letter letter
w/encls w/encls
application
to
SHPO
on
50-year
October
2005
71
72.a
re survey
on
state
72 Corps
Corps Corps Corps
Branch
email
to
on velocity
the Wetland
73
74
New
September
July
ii 2007
2008
on revisions
Mitigation
EAB memo
2007
28
on Jean Kiock
Park
w/Corps
site visit
report
22 March
74.a Allen
75 76 77 78 79 80
81
Memo
Corps
Office
site
Kiock
consulting
parties to
w/encls w/encls
historic
January
30
2007
Regulatory
Office
to
memo
EAB
no
letter
March
12 2007
affected
Corps
letter
SHPO w/encls
properties
March 23 2007
Evergreen Development
Co
w/encls
Re
golf course
HSCRJ HSCRI
J.F J.F
redesign February
22
2007
Alternatives presentation
letter letter
Discussion
presented
October 19 2006
July
2006
82 83
84 85
New New
redesign
to
now
Hole
15
to
avoid January
wetlands
Jan
24
2006
IVIDEQ
course
layouts
w/encl
12 2006 10 2005
Corps
memo
on inter-agency
for Executive
of project
November 13 2005
of water
Presentation
October
86
87
MIDEQ
J.F
LWMD
Inc
Water
Management
email on affect
withdrawal
October
to
2007
of
New
email asking
Corps
reopen evaluation
HSCRI
application
July
28
2008
Reference Materials
used
in
Compiling
this
Assessment include
USGS
topo
Harbor Michigan
NOAA
National
Chart
No
14930
List
Endangered
Species
Register
soil
of Historical Places
for
USDA USDA
USGS
survey
Berrien
County
2002
MI
1980
at
Riverside
MT
archived AIT-3R-97
Report
for
June
21
1938
Federal
Flood Insurance
Harbor
MI
revised
Jan
2007
Army Permit Evaluation No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
Department
of the
File
Page
59
CORPS000
1925
COE
Site
Navigability
Basin
includes
the
December
Investigation
Ground Photography
Register of Natural Guidelines Service
Landmarks
404b1
Fish
and Wildlife
Wetland
Inventory
Maps Review
Technique
Volume
Literature
Rationale
of Fisheries
Canada Freshwater
Intake
End-of-Pipe
Guideline
National
Park Service
.gov/hps/hli
Landscape
Initiative
http//www.cr.nps
National
National
Register
Bulletin
18
How
to
Evaluate
and Nominate
Designed
Historic
National
.nps
Park Service
Indiana
Dunes
Administrative
History
I/www
gov/archive/indu/Managementdocs/adhi/adhi Foundation
.htm
give us sense of
Cultural
Landscapes
2005
Cultural landscapes
place
http//www.tclf.org/whatis.htm
Department
of
the
File
No
05-054-002-0
Page
60
CORPS000 1926