US Army Corps of Engineers Environmental Assessment, Harbor Shores 404 permit

8/2/2019 US Army Corps of Engineers Environmental Assessment, Harbor Shores 404 permit

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File Number LRE-2005-540070

Detroit District

U.S Army Corps of Engineers

Department of the Army Permit EvaluationHARBOR SHORES GOLF COURSE BOAT LAUNCH

This document constitutes my Environmental Assessment Public Interest review summaryand if applicable my factual and compliance determination

according to the 404b1Guidelines for the work proposed for permit It was prepared from generic master documentthat facilitated consideration of the

rangeof all possible impacts from projects within the purview

of the Regulatory Program of the Army Corps of Engineers in accordance with 33 CFR Part 32033 CFR Part 325 Appendices and and 40 CFR Part 230

Application Procesg

Name of Applicant Harbor Shores Community Redevelopment Inc HSCRI 900 FifthThird Center 111 Lyon Street NW Grand Rapids Michigan Additional information

throughthe

process was provided by Evergreen Development Co Benton Harbor Michigan partner inthe project agent for the applicant J.F New Inc West Olive Michigan their wetlanddelineation and

floodplain impacts agent Abonmarche Consultants Inc Benton HarborMichigan water supply consultant Michael Kuhn and Associates Auburn Hills Michigan anhistoric

property consultant Hitchcock Design Group Chicago Illinois and consultantonendangered species Dr Allen Kurta Throughout this document the term applicant is used to

refer to either the applicant or their representatives

Workpreviously authorized by the Corps under nationwide permit to the City of St Joseph

File 03-054-001-0 is being combined with this application The applicant is proposing golfcourse holes and one of three wetland mitigation areas on land owned by the City of St Joseph inthe location evaluated under permit 03-054-001-0 The work and required wetland mitigationhas not been completed

Work Description Severalreconfigurations of the project have been proposed since the

application was received The most recent plans were provided August 14 2008 and thefinalcombined written work description was submitted June 25 2008 End 1.a 1.b March

2008 conceptual overview drawing of the Harbor Shores project is also available End Thefinal drawings and work description include work as authorized previously by the MichiganDepartment of Environmental Quality rVIDEQ with several revisions into one set of plans and

single work description The applicant is now applying for Department of the ArmyDApermit to discharge approximately 25520 cubic yards of fill material in several locations

totaling

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locationstotaling 3.31 acres of wetlands in federal jurisdiction adjacent to the Paw Paw River

associated with the construction of golf course and ancillary facilities including practice

range golf cart bridges an irrigation water intake and distribution system and relocated parkroads public boat ramp in the Paw Paw River is also proposed

The proposed project includes water intake in the Paw Paw River for golf course irrigationEnd drawings 16-19 Forty-two 42 cubic yards of bank and river bottom material wouldbe excavated from below the Ordinary High Water Mark and then discharged as backfill over28-inch diameter HDPE pipe Fifty 50 cubic yards would be excavated from the bank to create

15 by 30 foot cove Temporary containment of the work area would be accomplished byinstalling two 2 0 foot long steel sheet pile walls with their landward end at shore and waterwardends joined in right angle The work area would be dewatered for pipe installation andinstallation of 40 feet of steel sheet piling driven into the bank above the Ordinary High Water

Mark cubic yards of riprap would be installed in foot deep by foot wide by foot deeparea at the upstream side of the permanent seawall Upon completion of the work the two

temporary sheet pilings would be removed from the river The pipe would be fitted with 2.54mm mesh copper screen with provisions for screen removal for

cleaning and maintenance the

outer feet of the pipe would have 580 1.5-inch diameter holes to slow the intake water velocity

to approximately 0.5 feet per second to avoid fish impingement

Note Additional golf course construction will occur on City of St Joseph land and include 2667cubic

yards of discharged material in 1.80 acres of wetland adjacent to the Paw Paw River This

discharge was authorized under Corps permit 03-054-001-0 End but the w or k a ndrequired

mitigation was not completed Harbor Shores will take responsibility for the construction

maintenance and monitoring of the required 1.91 acres of wetland mitigation MIDEQtransferred their respective permit for this work to Harbor Shores Community RedevelopmentInc on February 20 2008 End

Discharges proposed in wetlands by impact area are as follows

Impact Area acres Volume cubic yards Location

Hole 0.10 800 Paw Paw

Hole 0.27 2600 east side of M-63

Hole 0.09 450 Jean Kiock Park

Hole 2.52 20300 Paw Paw Kiock Rd

Replace Road 0.18 890 Jean Kiock Park at M-63

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Power line 0.11 300 power line at Mit Area

Access Road 0.01 50 M-63 and Hole

North Shore Drain 0.03 130 south of Higman Park Rd

Crossings

Cart Path- 0.00 Holes 21518Boardwalks over wetlands and north of

Additional Wetland Discharges from previously authorized Corps permit 03-054-001-0 to

City of St Joseph

City of St Joseph

Project 1.80 2667 Hole and vicinity

Non-wetland discharges

Golf Cart Bridges scour protection 10 cubic yards heavy riprap at each abutment each 38

feet along the river by feet wide by 4.5 feet deep totaling 40 cubic yards

Boat Ramp 60 cubic yards of inch gravel under 40 foot by 66 foot precast concrete boat

ramp

IrrigationWater Intake Structure 42 cubic

yardsof excavation and backfill and 50 cubic yards

from the bank to create 15 foot by 30 foot cove in the riverbank

Bank Stabilization and Debris Removal Golf Hole 15 Discharge maximum of 280 cubic

yards of rip rapwithin maximum of 625 linear feet of river bank maximum of approximately

312 linear feet on each hank in the Paw Paw River associated with debris removal Rip rap

would be installed approximately 2.5 feet deep to bottom elevation of approximately 578 feet

IGLD 1985 by 4.5 feet wide in the Paw Paw River over geotextile fabric part of bio

engineered lift s tr uc tu re t o th e Ordinary high Water Mark

Temporary crossing of unnamed ditch near Golf Hole Discharge approximately 455 cubic

yards of stone fill in layer 15 inches thick over three 48-inch diameter by 28 feet long culverts

in an unnamed ditch adjacent to the Paw Paw River with an invert elevation of approximately

575.0 feet IGD 1985 and top elevation of 580.25 feet IGLD 1985 Upon completion of the

mitigation area and golf hole construction the stone and culverts will be removed with

restoration of the area to original ground contours

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Temporary Crossing of Wetland for construction of the tee boxes for Golf Hole would be

facilitated with use of 36 linear feet of steel or wood construction mats to be removed uponcompletion of tee construction

Structures in navigable waters

Golf Cart Path Bridges The applicant also currently proposes to construct two golf cart bridgesover the Paw Paw River each 100 to 150 feet long by 12 feet wide near Holes and 15

Boat Launch Skid Pier 45 foot long by foot wide skid pier is proposed

Irrigation Water Intake One temporary 40 foot long steel sheet pile wallwill be installed for

temporary coffer dam to be removed at completion of the water intake structure Construct 40

linear feet of permanent steel sheet pile wall along the new shoreline Install ten linear feet of 28inch diameter intake

pipe within the newly constructed riverbank cove

Irrigation pipes Bore 0.5 foot irrigation mainline feet under the bed of the Paw Paw River

between Golf Holes 14 and 17 Bore 0.33 foot irrigation mainline feet below the bed of thePaw Paw River at Golf Hole 15

Mitigation As mitigation for impacts including the discharges into wetlands adjacent to the

Paw Paw River the applicant proposes to restore total of no less than 7.84 acres of wetlands

adjacent to the Paw Paw River by removing past industrial commercial and municipal fill

material from proposed locations noted on the plans as Areas and Areas and

total 8.88 acres in size but not all of these areas would be expected to support wetlands due to

necessaryside

slopes excavated from existing elevations The proposed excavation wouldrestore the original wetland elevations and hydrologic connections to the Paw Paw River in each

area Additional mitigation for impacts in the floodplain of the Paw Paw River is proposed in

Area south of the Hole fairway and across the fairway from the river

In addition this project involves wetland discharges and stream enclosure in waters where

primary jurisdiction has been transferred from Federal agencies to the State of Michigan

Department of Environmental Quality The proposed development of Hole 10 would entail

ravine fill the enclosure of 1085 feet of an unnamed tributary to the Paw Paw River and the

discharge of 9850 cubic yards of fill material in two wetland areas adjacent to the North ShoreDrain an unnamed tributary on the USGS topographic map totaling 0.51 acres in extent On-site stream mitigation is proposed by returning the existing enclosed Sawyer County Drain to an

open channel This is commonly referred to as daylighting stream This restored streamcorridor will begin on the east side of M-63 and empty into the Paw Paw River

Also associated with this project is previously authorized discharge of fill material in

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wetlands adjacent to the Paw Paw River on property owned by the City of St Joseph MichiganTo assist siting of the golf course the City of St Joseph proposes to modify the existing permit

03-054-001-0 to accommodate housing development and Holes and on property north ofthe CSX railroad tracks east of M-63 and south of Kiock Road The city proposes to discharge2667 cubic yards of fill material in 1.80 acres of wetland adjacent to the Paw Paw River As

mitigation the city proposes to excavate uplands located in Wetland Mitigation Area and

combine therequired 1.91 acres of wetland mitigation associated with the earlier permit with the

current activity Mitigation Area is north of the CSX railroad and east of M-63 near the westbank of the Paw Paw River Harbor Shores Redevelopment would be responsible for successful

creation monitoring and maintenance of the 1.91 acres of wetland approved under the previous

permit

Purpose

Theapplicants stated purpose for the work is to construct mixed-use development including

approximately 1000 housing units two hotels and other commercial and recreational facilitiescentered on championship scale golf course as an economic enabler in the Benton Harbor

and St Joseph Michigan area The original application package July 2005 End definedthe basic purpose to revitalize the economy of the Benton Harbor area by developing mixed-

use development based on recreation and waterfront utilization which strives to accomplish the

goals of creating vacation destination creating market for second home buyers from largerurban areas improves the quality of life for residents and integrates development with the

natural scenery Benton Harbor has to offer We are responsible to define the purpose and need inaccordance with NEPA Regulations Appendix the objective of the project 33 CFR

320.4a2ii and the overall project purpose under the 404b1 Guidelines and subsequentguidance We have determined t ha t t he reason why the applicant proposes to conduct the DA

permit activities described above is to develop mixed use development with housing

commercial and recreational facilities centered on championship golf course in the Benton

Harbor and St Joseph Michigan area

We are reviewing this application for Department of the Army permit under authoritydelegated to the District Engineer by the Secretaiy of the Army and the Chief of Engineers byTitle 33 Code of Federal Regulations Part 325.8 pursuant to Section 10 of the River and HarborAct and Section 404 of the Clean Water Act.1

In 1983 Memorandum of Agreement between U.S Environmental Protection Agency and the State of Michiganauthority to evaluate permits was transferred to the State for waters covered only under Section 404 o f t he Clean

Water Act These are commonly referred to as State-transferred waters or simply transferred waters The projectunder consideration includes both transferred waters and traditional Section 10 waters and adjacent wetlands where

permit authority was retained by the Corps of Engineers majority of the projects impacts to waters requirespermit from the Corps of Engineers

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Public Involvement list of the agencies interested groups and the public consulted

regarding the project is attached to the Public Notice dated April 13 2006 which expired on May2006 End Earlier the MDEQ published two Public Notices and held hearings Both of

those notices describe earlier now revised versions of the overall project

Harbor Shores applied for water intake for golf course irrigation project The MIDEQ

provided the Corps with copy of the application and the June 22 2007 State public notice

MDEQFile number 07-11-62-P End and an August 2007 corrected Public Notice End

7.a The Corps did not issue public notice but coordinated this proposal with resource

agencies The MDEQ h eld Pu bli c Hearing on the water intake on September 2007 EndThe MIDEQ coordinated agency and public comments with the applicant by letter dated October

2007 End

Since the Corps Public Notice was issued the applicant abandoned negotiations to purchase the

three Boerma parcels north of Klock Road along the left bank of the Paw Paw River Becausethe applicant determined this property was unavailable due to the asking price the golf course

was re-designed The numbering of golf course Holes was changed The golf course would now

start south of Ox Creek cross the river t o t he west continue north along M-63 The front nine

would be completed with Holes through in Jean Klock Park Hole 10 a t t he former Hole

location would cross the Golf Road ravine north of Higman Park Road with somewhat reduced

impacts to the stream and ravine in this location Uplands once reserved for the Practice Area are

now proposed for other non-golf development The following is summary of differences in the

current proposal as compared t o t he proposal described in the Corps Public Notice

Navigation improvements on Paw Paw River

Reconfiguration of the CSX railroad bridge to allow greater vertical clearance is nolonger proposed

Construction of two small marinas in wetlands adjacent t o t he Paw Paw River are no

longer proposed

Dredging for navigational access in the Paw Paw River t o t he marinas is no longer

proposed

proposed public boat launch was relocated downstream nearer to the StJoseph

River

Rearrangement of golf course holes and numbering The former Holes 10 and 11 were

abandoned The former Hole is now the beginning of the back nine and is now Hole 10

Many of the holes are essentially the same but renumbered

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Overall reduction in proposed wetland discharge area The original proposal put on

Public Notice by MIDEQ on September 21 2005 included 13.61 acres of wetland discharges

Relocating the originally proposed Hole 11 and number of other smaller changes in proposed

wetland discharges has reduced the proposed wetland impacts The 1.80 acres of wetland

impact at the City of St Joseph site has remained the same throughout the design changes and

are not included in the following totals The original proposal described in the Corps public

notice had 6.33 acres of wetland discharges Impacts were reduced further as described in the

second MDEQ public notice End 34 to total wetland discharge of 5.87 acres in both federaland state jurisdiction In the plans currently under consideration the total proposed wetlands

discharge is 3.82 acres of which 3.31 acres requires Federal permit

The Practice and Short Game Area is now proposed in an upland area near Ox Creek

previously reserved for housing development The former Practice Area is predominately an

upland area along the south side of Higman Park Road and north of the river This area is

currently reserved for residential development with public access path for recreational use

Residential development was previously proposed at the brownfield site south of Ox Creek The

applicant provided written statement on May 10 2007 End 10 that no additional impacts towetlands or floodplains would occur from the switch in location for the residential development

Reduction in the extent of stream enclosure The former Hole has been renumbered

as Hole 10 It has been redesigned and would result in 1085 feet of stream enclosure The work

as described in the Corps Public Notice included 1200 feet of stream relocation at Hole 10 and

170 feet of stream enclosure with new outfall structure at the Paw Paw River Now two small

stream crossings are proposed near the Paw Paw River but that part of the stream will not be

enclosed and the outfall s tr uc tu re t o th e river is not nccdcd

Avoidance of state-threatenedplants by establishing fenced out of bounds areas in

fairways for Holes and

Rearrangement of golf cart boardwalks and bridges over the river Two not four

bridges are currently proposed

The Corps performed review of Jean Klock Park in Benton Harbor where three of the golfholes are proposed to determine if it is an historic property The Corps solicited comments from

potential consulting parties by letter dated January 30 2007 as discussed in Section IV of this

document

Federal State Local and Public Comments Relating to the Activity

Federal

U.S Environmental Protection Agency EPA EPA objected t o t he project as originally

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proposed in the Corps Public Notice 6.33 acres of wetland discharges and 450 feet of stream

enclosure in Corps non state-transferred waters by letter dated May 2006 End ii This

objection caused the applicant to withdraw the application but they reapplied soon thereafter In

response to our coordination EPA stated they would not comment on the proposed water intake

End 15

EPA also responded t o th e two MDEQ Public Notices In EPAs final position they withdrew

their original objection to this project pending proposal for acceptable stream mitigation End12 EPA stated that rather than relocating the stream to the east the applicant should enclose

the stream as originallyproposed and seek appropriate stream mitigation off-site EPAs original

comment to MDEQ on June 14 2006 objected t o t he work as described in the second MIDEQ

Public Notice including 1200 feet of stream enclosure in state-transferred waters End 13

The impacts and issues which they addressed any rebuttals from the applicant and our ultimate

determination will be summarized in appropriate sections of our evaluation below

U.S Fish and Wildlife Service FWS After requesting an extension of time tocomment FWS responded to the Corps Public Notice on May 12 2006 and recommended

permit not be issued Ends 16 16a Informal Endangered Species Act consultation was

completed on June 22 2007 Ends 17 17.a We completed additional Endangered Species

consultation following the applicants request to remove specific potential roost trees for the

Indiana hat and FWS provided comments in an August 2007 letter Endl.18 18a FWS

responded to our coordination of the water intake proposal via an email dated August 22 2007

End 19

FWS also responded to the MIDEQ Public Notices FWS objected to the second public notice byletter dated December 14 2006 End 20 FWS objected on March 2006 End 20 to the

project asdescribed in the first MDEQ public notice

The impacts and issues FWS addressed any response or rebuttals from the applicant and our

ultimate determination will he summarized in appropriate sections of our evaluation below

National Park Service NPS NPS has recently given approval to convert City ofBenlon Harbor park lands in Jean Kiock Park for u se as Golf Holes and by letter to

Michigan Department of Natural Resources MIDNR Grants Division dated July 25 2008 End22 Prior to that NPS denied the original application by the City of Benton Harbor to convert

park lands for use as part of the golf course End 23 Following NPS original decision the

Corps denied the HSCRI application without prejudice in November 2007 letter End 24

The Corps commented on the second application for the park land conversion End 25 NPS

originally responded to the Corps Public Notice End 26 citing possible impacts of the project

to public parks developed with assistance from the Land and Water Conservation Fund LWCFprogram Jean Kiock Park was not mentioned but two parks in the City of St Joseph outside of

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the project boundaries were The Corps was referred to the MDNR Grants Division the programadministrator in Michigan for further information

Congressional No letters of interest were sent directly from any member of Congress

Congressman John Conyers sent letter to the MIDEQ dated January 11 2007 indicating that the

loss of Benton Harbor residents access to open space in Jean Kiock Park might entail an

environmental justice impact on the city End 27 Steven Chester MDEQ Director respondedto Congressman Conyers by letter dated February 12 2007 End 28 Congressman Fred Uptonsponsored an interagency meeting regarding the project on July 2006 End 29

Advisory Council on Historic Preservation ACHP ACHP contacted the Corpsregarding our determination that Jean Klock Park was not eligible for listing on the National

Register of Historic Places and is not an historic property End 30 ACBP reviewed the Corpsand SHPO concurrence that Jean Kiock Park is not an historic

propertyIn their April 27 2007

letter the ACHP stated that the Corps determination was appropriate and they will not requestthat determination be made by the Keeper of the National Register

State Michigan Department of Environmental Quality MIDEQ has processed two

applications for this development State public notice was issued on September 21 2005 and

public hearing was held on November 2005 End 31 Proposed work included

124455 cubic yards in 13.61 acres of wetland fill

86423 cubic yards of floodplain fill

18500 cubic yards of dredging in the Paw Paw River

7333 cubic yards of excavation for two small marinas in the Paw Paw River

817 cubic yards of riprap in the marinas for shoreline protection

87 cubic yards of riprap for outlet structures inlet structures and four bridges

50x 64 boat launch

Other proposed work not listed in the public notice included 1200 feet of stream

enclosure upstream of Higman Park Road and 450 feet of stream enclosure downstream of

Higman Park Road to the Paw Paw River On October 27 2005 MDEQ sent the Corps an email

noting that Federal Consistency had not been determined under Michigans Coastal Management

Program nor under Section 401 of the Clean Water Act End 32 MIDEQ sent the applicantletter

noting several outstanding issues on the first application including revisions to the wetland

delineation End 33 The first file 05-11-110 was withdrawn by the applicant

The second file 06-11-142 was started after the applicant immediately reapplied but before

the partial re-design of the golf course was proposed second State public notice was issued on

November 2006 End 34 and Public Hearing was held on January 2007 End 35 The

proposed work described in the second MDEQ Public Notice included

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45685 cubic yards in 9.2 acres of the 100-year floodplain of the Paw Paw River

Of which 10 772 cubic yards would be in 2.3 acres of floodway

Enclose 1200 feet of stream state-transferred jurisdiction

Construct small stream crossings in Corps jurisdiction

Construct golf cart bridges over the Paw Paw River

Install 65.7 cubic yards of nprap for golf cart bridges over the Paw Paw River

Install 50 foot wide by 64 foot long Boat launch with skid pier

Install 2025 feet of boardwalks over wetland areas not Corps jurisdiction

The current application 06-11-142 has been revised several times since the second State

Public Notice MIDEQ offered second draft permit to the applicant on April 27 2007 with

some changes to the work description and revised plan sheets Work described does not

include the City of St Joseph work area Holes and The permit was issued May 2007

End 36 MDEQ conditioned the permit to not allow work until there is stream mitigationplan and added numerous conditions for wetland mitigation Later MDEQ conditionally

accepted the stream mitigation plan with final plan to be furnished later End 36.a

Work approved by the second draft permit now signed by the applicant includes


7.84 acres of wetland mitigation with corrections to the wetland mitigation plan

54780 cubic yards in the 100-year floodplain with 59600

cubic yards of compensating cut

Enclose 1060 linear feet of stream

Construct two culverts

Construct three golf cart bridges over Paw Paw River

Install 30 cubic yards of riprap for golf cart bridges in Paw Paw River

Excavate 300 cubic yards and discharge 50 cubic yards of base material

install 40 foot wide by 66 foot long boat ramp with 45 foot long foot wide

skid pier

Install 2000 feet of 12 foot wide boardwalks over wetland areas

Application for the proposed water intake for golf course irrigation was submitted to MIDEQ

after the golf course construction permit was issued MIDEQ evaluated the intake separately

under MDEQ file 07-1 1-62-P After several design changes MDEQ issued its respective permit

on November 2007 with special conditions including the requirement to obtain permit or

provide reporting on annual water withdrawals to the MIDEQ Water Bureau End 37

Section 401 Water Quality Certification MDEQ has issued permit for the project

pending further information and mitigation plans to be provided by the applicant see Ends 36

37 From this the Corps can presume that 401 Certification will be granted when acceptable

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further information is provided to MDEQ and that the MDEQ email dated October 27 2006

End 32 asking us not to issue because of CZM and 401 issues is no longer concern MDEQissued permit for the water intake under Part 301 Inland Stream and Part 31 Floodplain

Protection on November 2007 End 37 The Corps can assume 401 and CZM approval forthe water intake

Coastal Zone Management Act We presume that the proposal is consistent under

Section 307 of the 1972 Coastal Zone Management Act and that CZM Certification has beenobtained or waived because MDEQ has issued permit for the golf course development thus

overriding the earlier MDEQ email dated October 27 2007 End 36 asking the Corps not toissue because of pending CZM review

MDEQ issued permit to the applicant with numerous special conditions End 36Several modifications to the permit have been approved by MDEQ The modifications thataffect work in Corps jurisdiction include

Bank Stabilization and Debris Removal Golf Hole 15

Temporary Crossing for Golf Hole

Irrigation pipe crossings of Paw Paw River near Golf Holes 14 and 15

Temporary Wetland Crossing Golf Hole

Earlier the Michigan Department of Environmental Quality MIDEQ withheld Coastal Zone

Management Consistency and Section 401 Water Quality Certification for the proposed work

End 32 This was based in part on EPA objections to the originally proposed project inparticular the stream enclosure at Golf Road with no stream mitigation Early MIDEQ staff

review on September 21 2005 recommended denial of the original proposal End 38 Staffcommented on marina impacts in Great Lakes wetlands lack of wetland impact avoidance lack

of adequate discussion on alternatives for siting golf course and lack of wetland mitigation

plan

Office of the Governor The project was originallypresented in an executive level

briefing sponsored by the State of Michigan on September 2005 End 39 The briefingmaterials included description of the overall project 500 acre mixed use recreation/resort

development as an enabler for broad based community development The applicant presentedthe work in two applications File Number 05-054-000-0 proposed two new marinas one with

24 boat slips and breakwater along the St Joseph River north bank and the other with 36 slipsand new entrance channel at the confluence of the Paw Paw River and the St Joseph River

The second application 05-054-002-0 under review here included the following proposed work

Boat launch golf course with impacts to 13.47 acres of wetlands not state transferred waters

1200 feet of stream enclosure in state-transferred waters and four cart path bridges This

proposal also included 18000 yards of dredging in the Paw Paw River construction of another



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two marinas with 11 and 31 slips and an additional 7400 cubic yards of dredging Proposed

wetland mitigation was 20.84 acres with no reported additional impacts from associated

residential/commercial development in the overall Harbor Shores project The Governors

Office wrote memorandum t o s ta te agency personnel in support of the project signed by

various agency directors pledging their assistance in review of project End 40

State Historic Preservation Officer S-O SHPO has concluded that the project wouldnot affect any historic or archaeological properties at Jean Kiock Park on April 2007 End41 By letter dated August ii 2006 SHIPO indicated that Jean KlQck Park was associated withthe famous landscape architect Jens Jensen and requested the Corps evaluate whether the park

has historic significance Encl.42 The applicant hired Hitchcock Design who prepared

Historic Assessment report for Jean Kiock Park dated October 2006 End 43 On October24 2006 SHPO provided the Corps with critique of this report End 44 SHPO requestedfurther information on possible effects on historic architectural values at Jean Kiock Park by

letter dated May 2006 End 45

Inresponse to query from the Corps on May 2006 SHPO provided further information on

one archaeological site within Jean Klock Park and stated that it is not eligible for listing in the

National Register of Historic Places and thus is not an historic property End 46

Early in the process on February 13 2006 SHIPO responded to the applicants survey of

structures over 50 yearsold within the project area submitted with the original application in

2005 The SHPO determined that none were eligible for listing and found no effect on historic

properties End 47

Michigan Department of Natural Resources MIDNR Grants Management provided the

Corps with list of trust fund expenditures at Jean Kiock Park from state and federal sources

End 48 Over $200000 in LWCF monies had been spent at Jean Klock Park

MIDNR Fisheries Division MIDNR Fisheries provided letter to MIDEQ dated

February 13 2006 End 49 regarding effects on stream water quality from the proposed streamenclosure/ relocation On November 2005 MDNR Fisheries provided comments on stream

habitat loss avoiding riparian habitat dredging small craft navigation and state-endangered

species End 50 MIDNR Fisheries provided comment via email dated July 20 2007 on thewater intake recommending that the intake velocity be evaluated to prevent impingement of fish

End 51

MIDNIR Wildlife Division MIDNR Wildlife Division provided comments on October

25 2005 End 52 noting the presence of two state-threatened species and one state concernspecies within the overall project area Wildlife Division performed an on-site review and

provided additional comments on December 2005 End 53

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Local No local governmental officials responded to the public notice The City of St

Joseph has offered land for use in part of the golf course associated new housing and for part of

the wetland mitigation The City of Benton Harbor has offered land in Jean Kiock Park for part

of the golf course and for new access routes to the beach and across the park

Public Nongovernmental groups and individuals responded to the Corps Public Notice

We received objection and comment letters from Streeter End 54.a Stock End54.b and Hoilman End 54.c and White End 54.d.

We received requests for public hearing see End 54 from Bury End 54.e DrakeEnd 54.f Boerma End 54.g Colcough End 54.h and Jespersen End54.i Davis End 54.j and Snyder End 54.k.

In addition MIDEQ provided copies of comments they received in response to their original

Public Notice September 21 2005 and subsequent Public Hearing on November 2005 from

Galien River Conservation District St Joseph River Conservation District End 55.aSnyder End 55.b Divis End 55.c Drake End 55.d Odden and Myers

End 55.e Davis End 55.f Krieger End 55.g Boerma End 55.h BauerEnd 55.i the Paw Paw River Watershed Steering Committee End 55.j Beach End55.k Wetlands Conservation Association End 55.1 and Kellogg End 55.m andStock End 55.n

MDEQ also provided comments they received in response to the second MDEQ Public Noticedated November 2006 and subsequent Public Hearing on January 2007 from New Products

Corporation End 56 Stock End 57 Defense of Place End 58 and the Alliance for theGreat Lakes End 59 Defense of Place also provided copy of their testimony to the MichiganNatural Resources Trust Fund Board End 60

We will summarize and evaluate the comments under appropriate aspects of the Environmental

Setting in Sect ion andlor specific public interest review factors in Section ifi below

List of communications with the applicant relative to permit evaluation

We furnished the applicant with copies of all substantive objections to the Corps Public Notice

by letter dated June 30 2006 and afforded the opportunity to resolve or rebut them End 61We directed the applicant to specifically respond to issues of aquatic resources terrestrial

resources wetlands conservation cultural resources alternatives and mitigation The applicant

responded to the objections/comments by letter dated July 25 2006 End 62 Since that timcthe project has been substantially revised There have been numerous communications from the

applicant and their agents The project has also been substantially redesigned since this exchange

of letters Additional communications from the applicant included written statement that



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switching the residential development from the brownfield site south of Ox Creek to the area

between Higman Park Road and the river would not result in additional impacts to wetlands or

floodplain areas End 10 and request from the agent End 63 to provide five-year ratherthan customary 3-year expiration date for any permit proffered by the Corps to the applicant

The applicant provided supplemental alternatives analysis statement to MDEQ on October 19

2006 End 80 and to the Corps on May 14 2008 End 63.a We also requested specificinput on Jean Kiock Park in letter dated October 13 2006 End 64 and asked the applicantto provide an historic assessment report

We had further communication with the applicant regarding the proposed water intake

following the addition of this work to their permit application The Corps requested that the

applicant provide an analysis of alternative water supply sources after we received the application

for the water intake in the Paw Paw River End 37 The applicants water supply consultant

provided information comparing the water quality in test wells with river water with

implications for use on golf course turf on July 17 2007 End 65 The Corps communicatedvia email with the applicants agents regarding the water int ak e I ss ues with the water velocity at

the intake and the type of screening to be used were addressed on September 24 and September

25 2007 The Corps asked the applicant to provide an alternatives analysis for the irrigation

water supply The applicant responded on October and October 13 2007 Ends 66 66.aThe final alternative of constructing the water intake within constructed cove in the riverbank

see End sheets 16-19 addressed the safety and navigation concerns Final plans for thewater intake were received by the Corps on November 2007 reflected in the MDEQ permit07-11-62-P dated November 2007 and collected in the final plan set dated June 25 2008

End Sheets 16-19

The Corps provided comments on the February 13 2008 wetland mitigation plan End 73

The applicant submitted proposed Stream Mitigation Plan on June 11 2007 End 67 andadditional information on the stream mitigation in July 26 2007 letter End 67.a

We will summarize the issues andresponses

underappropriate sections below

II Environmental Setting

Description of the Area The Paw Paw River rises in the southwest part of Michigan and

flowssouthwesterly to where it discharges into the St Joseph River at the Cities of St Joseph

and Benton Harbor in Berrien County Michigan The USDA Census of Agriculture for 2002

states 174009 acres or about 47 percent of Berrien County was in agriculture The 1974 Census

of Agriculture reported that about 53 percent of Berrien County was farmland The remainder

consists of state land private woodlot abandoned farmland urban areas recreational and

industrial areas and resorts The Benton Harbor-St Joseph area is the largest urban development

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in Berrien County and is an important industrial areaand commercial lake port The introduction

of salmonids into Lake Michigan and the expanded interest in Great Lakes boatinghas lead to an

increase in the importanceof the recreational and tounsm industries of this area Benton

Harbors industrial base declined severely from 1970 through 1990and many abandoned

industrial sites and waste places lie near the mouth of the Paw Paw River The combined

population of Benton Harbor-St Joseph has decreased steadily overthe last few decades from

approximately 27500 to 24300 between 1970 and 1980 The combined populationin 1990 was

22032 which dropped to 19971 in the 2000 census The population ofBerrien County has

stabilized in the last decade at 162453 in 2000 after.decreases over three censuses from 171000

to 164000 to 161 378 1970 through 1990

Waterway Characteristics The Paw Paw River has drainagebasin area of 390 square miles

and theaverage discharge

is 444 cubic feet per second The river is 49.3 miles longwith an

average rateof fall of 2.1 feet per

mile In its upper reaches the channel is narrowshallow and

meandering as it passes through mostly forested areasNumerous meanders through marshy

flood plain characterizethe lower reaches of the river to its mouth The United States Geological

Survey has maintained gage since 1951 at ColomaRoad few miles upstream of the project

area Highest and lowest annual mean flow rangesfrom 606 to 273 cubic feet per second and

daily averageflows exceed 230 cubic feet per second 90 percent of the time

The mouth of the

river is encompassed within the harbor project for the Port of St Josephand experiences some

traffic from the Benton Harbor Canal The CSX Railroad Bridge located at river mile 0.3 limits

navigationfurther upstream former rail crossing at the mouth of

the Paw Paw River was

removed within the last few years Part of the earthen embankment is still present on the east

side of the river mouth The Paw Paw River is about 196 feet wide at its mouth and 162 feet

wide at the Kiock Road bridge USGS topographic map Benton Harbor MI Water depths

rangefrom approximately f ee t t o feet below Low Water Datum of 577.5 feet IGLD 1985 At

Klock Road the site of proposed water intake the depth is feet NOAA Navigation Chart

14930 The Paw Paw River is under the hydrologic influence of Lake Michigan up to mile 2.5

or one half mile upstream of the North Shore Drive Bridgebut not quite to the Paw Paw Avenue

Bridge The Corps made this determination in 1955based on the mean high water stage of Lake

Michigan USACE Navigability Study St Joseph River Basin

Scope of Analysis

Commenters Points Multiple commenters voiced concern over conversionof public park land

in Jean Klock Park to golf course Commenters believed that this wasinconsistent with the

originaldonation of the park and unfairly infringed on residents use

of the park They also

considered the NPS review process for the conversion of park landflawed

Corps Findings In addition to the activities which require specificDA authorization the scope

of analysis for this evaluationwill include construction activities in state-transferred waters

including the small streamnorth of Higman Park Road also known as the North Shore Drain

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Additional work activities not in waters of the United States include tree removal grubbing

excavation and relocation of earth materials from numerous upland areas including the ravine at

the North Shore Drain the construction of the three proposed golf holes in Jean Kiock Park and

the proposed mitigation areas Golf course construction in Jean Klock Park would change land

usc and recreation activity in 22 acres of this City of Benton Harbor park Also considered are

activities that would occur from use of the finished project golfing golf course operation and

maintenance and usc of ancillary facilities including the addition of the water intake in the Paw

Paw River for irrigation of the golf course All of these activities would not occur but for the

proposed DA permit activities

While we will consider secondary impacts from golf course construction in the park NPS has the

primary role to evaluate and approve changes in ownership of the park land Determining

whether the proposed conversion of land use in Jean Kiock Park is in the public interest is

beyond the scope of this review W hile several local and regional residents have condemned the

proposed change in use the owner of the property the City of Benton Harbor is presumably in

favor of the proposed use and has offered lease arrangement to the applicant for the portion of

thegolf course proposed in Jean Klock Park The Corps decision regarding the permit

application does not affect the independent determination by the NPS on whether the proposed

conversion of park land where state and national trust funds dollars have been invested is

appropriate

Action Areas

We inspected the site for jurisdictional determinations on October 26 2005 and again on

November 17 2005 after new wetland flagging was installed by the wetland consultant see End

68 Subsequently revised wetland delineation plan drawing was prepared by Abonmarcheafter several agency visits These boundaries are reflected in the MDEQ permit plans see End

36 Portions of the stream above the Paw Paw River along Golf Road and its associated

wetlands in the ravine were determined to be transferred waters The overall project area is

located primarily along the Paw Paw River but includes nearly 500 acres reflecting wide arrayof land uses as described in the original Wetland Delineation Report by Abonmarche

Consultants dated June 2005 End 69

Cultural Characteristics Presently structures on the site consist of houses an electrical

sub-station roads and abandoned roadways M-63 modem controlled access highway

separates most of the project from Jean Klock Park where three of the golf course holes are

proposed Structures in the project area are described in consultants report to SHPO End70 None of the structures proposed for removal were considered of significant historic valueStructures and improvements in Jean Kiock Park are discussed at length in the Historic

Assessment report The project area is bordered by Lake Michigan to the west low-densityresidential uses to the north the Paw Paw River and floodplain to the east and commercial and

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industrial buildings to the south Lying just beyond these properties are areas that could be

characterized as recreational beach in Jean Klock Park to the west residential to the north openlands and wetlands to the east and urban and industrial uses to the south The Corps jurisdiction

report dated March 13 2006 End 68 discusses land use and jurisdictional features in eachsector of the overall project

Navigation Characteristics Small shallow draft boats and canoes can use the Paw Paw

River at the current time Water depths at the mouth of the Paw Paw River vary from to 11 feet

below Low Water Datum and from to feet upstream of the CSX bridge to the North ShoreDrive

bridge at River Mile 2.0 The Corps navigation study 1979 notes that the lower reach ofthe Paw Paw has navigational potential upstream to Mile North Shore Drive bridge and the

limit of federal navigation is established at that point The St Joseph River downstream of the

site has Federalnavigation channel maintained to 21 feet below Low Water Datum and is used

by commercial and recreational vessels The constraints and existing use patterns within the

proposed work or structure area are as follows The size of vessels using the Paw Paw River is

limited by the CSX bride at River Mile 0.3 The low point of this bridge is 1.0 feet above the

Ordinary High Water Mark Navigation Study of St Joseph River Basin 1979 The original

application included two small marinas upstream of the CSX railroad bridge near the mouth of

the Paw Paw River The applicant developed plan with CSX which would have raised the

vertical clearance enough for small boats while avoiding any change to the railroad tracks These

efforts were not carried forward and bridge changes were not included in the December 2006

plans or in later versions It remains unclear if Harbor Shores willattempt to open the Paw Paw

River to small craft navigation in the future

Physical/Chemical Characteristics

The proposed permit area is subject to erosion/flooding due to high seasonal and flood flows in

the Paw Paw River There is little evidence ofany existing erosion problem along the Paw Paw

in the project area Much of the river bank has been lined with riprap or foundry waste Bridge

footings are lined with riprap to reduce erosion Houses to be removed along the south side of

Higman Park Road are located at the highest point on their lots which back up to the Paw PawRiver Parts of these

properties are within the 100-year floodplain but it appears the houses are

elevated somewhat above the base flood elevation Wetlands located along the Paw Paw River

are likely to provide erosion prevention/flood storage due to the fact that they are inundated

during high water periods Some of the available Corps aerial photography shows inundation of

the large wetland between North Shore Drive and Paw Paw Avenue Similarly the large wetland

north of the currently proposed Hole is inundated in these photographs The Paw Paw River is

hydrologically influenced by the level of Lake Michigan up to river mile 2.5 one half mile

upstream of the North Shore Bridge or nearly the entire extent of the project area

North Shore Drain above Higman Park Road is above the 100-year floodplain elevation The

drain accepts runoff from M-63 north and west of the project area and from residential lots to the

north and east The stream enclosure work for the current Hole 10 and impacts to wetlands

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adjacent to the drain are addressed in the MDEQ permit as they are state-transferred waters

Changes to wetland boundaries are reflected on plan sheets 22 and 26 regarding state-transferred

waters along North Shore Drain see End 36

Water from the Paw Paw River local drainage and direct precipitation presently circulates

through the proposed work area by means of sheet flow inflow from road drainage ditches and

back water flooding from the Paw Paw River The large wetland north of Kiock Road in the

currently proposed Hole 18 area includes portions of the former river channel These areas today

arc linear ponds but can be connected to the river during high flows low point on the bank

acts as an ad-hoc boat ramp on the downstream side of the bridge for Paw Paw Avenue Another

low point near the proposed Hole 18 green would allow flood water back into the Paw Paw

River These wetland complexes adjacent to the Paw Paw River likely provide substantial

sediment removal and nutrient transformation and production export due to the f ac t t ha t they are

under water during high flow events allowing an interchange of materials between the wetlands

and the river The wetland at Hole has defined channels that enter the river even at low flows

large wetland complex occurs at the mouth of Ox Creek an area not currently proposed for

discharge of fill Thiswetland is also directly connected to the Paw Paw River through defined

channel even at low flows and resulting low water elevations The formerly proposed Hole 12

would have impacted this area

Soils within the proposed discharge/excavation area consist of the Cohoctah soil series

intermixed with disturbed soils or Urban Land soil sample pit in the large wetland

upstream of the bridge at Paw Paw Avenue revealed darkmineral soil similar to typical Cohoctah

soil profiles see March 13 2006 inspection report Sediments and physical substrate of the

bottom of the Paw Paw River are sandy with many areas of urban waste along the banks The

currently proposed boat ramp near Hole contains foundrysand and urban rubble on the bank of

the river The formerly proposed small marinas within wetland channels were in unconsolidated

bottom areas presumably organic matter and sand The applicant submitted river sediment

testing results along with the original application Twenty-eight samples of river sediment were

analyzed for PCBs semi-volatile organics volatile organics and metals Generally low levels

of these contaminants were found No particle size analysis or general physical descriptions of

the samples were provided Again river navigational dredging and the two originally proposed

small marinas are not partof the proposed work at this time

Groundwater quality The applicant planned to use well water to provide irrigation of the

golf course However higher than expected concentrations of dissolved salts were reported from

test wells in an area north of the river along Higman Park Road The applicants water supply

consultant determined that all the groundwater sources investigated to depth of nearly 200 feet

would be unsuitable for maintaining turf grass for the golf course Subsequently permit for

water intake in the Paw Paw River was submitted The applicants agent outlined the search of

irrigation alternatives in lett er dated October 13 2007 End 66.a

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Biological Characteristics

The Existing/Long term Vegetation and HabitatValues for each portion of the work site

are as follows The Ahonmarche Wetland Delineation Report dated June 2005 describes

wetland and upland areas in 530 acres of land by breaking up the overall area into 16 sub-units

Areas and are the locations of two marinas on the St Joseph River evaluated under File 05-

054-001-0 Photographs and wetland delineation forms are available in the Abonmarche report

The Corps site visit report dated March 13 2006 describes the biological values of each sector in

general terms

Upland portions of the property These areas range from contaminated former industrial sites

to heavily wooded ravine with mature hardwood trees The ravine area surrounding the

currently proposed Hole 10 has been the subject of great deal of studyand controversy

stream habitat assessment has been completed survey for state and Federally listed species

was completed by J.F New Associates End 71 An inter-agency field visit was accomplishedon May 17 2006 that the Corps attended Several species of neo-tropical migrant songbirds were

observed in the wooded ravine The project area is in the summer range of the federally

endangered Indiana bat Myotis sodalis The applicants endangered species survey identified

the river bank at Hole and across the river at the originallyproposed Hole 12 as potential

moderate quality habitat for the Indiana bat

Wetland portions of the property The wetlands located in the river floodplain with

connections to and from the river are likely to provide functions of wildlife diversity and

abundance aquatic diversity and abundance for wide variety of species in response to

variations in the water level regime Many of these large wetland areas are subject to long term

inundation during high water providing fish habitat but are predominately saturated soil areas

supporting emergent wetland plants during low water periods These areas support waterbirds

including great blue heron mallard wood duck and kingfisher Fish spawning by species that

use flooded vegetated areas includingnorthern pike and yellow perch could occur during

flooding events Upland game birds may be present in the current low water period but were not

observed The relatively rare but not state listed swamp rose mallow is present in several of the

wetlands in the project area Other wetland areas such as the large basin adjoining M-63 in Jean

Kiock Park are paludal in nature that is the water level is relatively stable and areas are

inundated year round These areas support aquaticlife such as turtles and various amphibians

but probably support few fish The largest wetland discharge area in the current proposal is

located in Area for the currently proposed Hole 18 This area includes two sections of the

former river channel that now mimic pond habitat Mallards were observed by Corps staff on the

water during an October 2005 site visit Much of this area is monotypic stand of reed canary

grass Phalaris arundinacea

Ripanan portions of the property at the waters edge Much of the rivers edge has been

altered by residential fills and industrial waste deposits Large undisturbed wetland areas have

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natural banks near Hole where the small marinas had been proposed and near Hole 16 The

original proposal tried to take advantage of linear upland areas along the river created by past

dumping activities Nearby river banks contain various types of ref us e but have stabilized in

recent years and support lines of cottonwood trees of 12 or more inches in diameter Hole and

the former Hole 12 Large coitonwoods could potentially provide roost tree habitat for the

Indiana bat These trees do not exhibit loose bark which is preferred by Indiana bats for

roosting at this time Other river bank areas tend to support few trees or younger trees growing

through more recently deposited municipal waste Holes and 18 The original golf course

design included three golf holes running along thin upland riparian strip with greater than two

acres of wetland impact each due to the need to widen the upland areas into golf fairways and

into the adjoining wetlands The currently proposed Wetland Mitigation Area involves

excavation of several feet of waste materials from riparian dumping area

Benthos community The only work in the river will be minor excavation for the boat ramp at

former river bank dumping area and the placement of riprap for the three golf course bridges

MIDEQ is studying the benthic community in the lower Paw Paw River There are old reports of

state listed rare species in the area including several freshwater mussels snuffbox elktoe

slippershell mussel and round pigtoe from the lower Paw Paw River or adjacent portions of the

St Joseph River The status of the lake sturgeon in the area is uncertain The applicants have

not provided descriptionsof the

physicalsubstrate or the current benthic community The

originally proposed dredging of the river has been dropped from the current application

Water Column The proposed boat ramp and golf cart bridge riprap areas in the Paw Paw

River provide habitat for variety of fish and an unknown community of benthic invertebrates

The most readily identifiable natural feature in the study area is large wetland

floodplain surrounding the lower two miles of the Paw Paw River with surrounding high sand

hills and dunes The river was relocated after the 1930s and now flows north of its remnant

original channel between Higman Park Road and Kiock Road M-63 cuts off the former river

channel that entered Jean Klock Park Residential and commercial development and great deal

of past dumping of municipal industrial and construction waste have fragmented former large

aquatic complex However four remaining wetland areas exceed 10 acres in size and four others

are to acres in size Wetland Mitigation Area would reconnect acre remnant wetland to

14 acre wetland complex adjoining the river

Cumulative Impact Area CIA For the purpose of this application review the geographicarea for which we are reviewing cumulative effects is the 2.3 mile long lower reach of the Paw

Paw River to its confluence with the St Joseph River The type of project epitomized by this

applicationis large scale infrastructure improvements with substantial impacts to existing aquatic

resources Within this area similarprojects and permit decisions on them have included

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File No Applicant Extent or Size of Project Action

05-054-000-0 Harbor Shores Two marinas/total of 70 slips SPissued 2007

03-054-003-0 City St Joseph 1.80 acre wetlandfill for NW issued

Brownfield redevelopment withNow under

1.90 acres of wetland mitigationconsideration for

Now proposed for of currentmodification to

project golf holesaccommodate

current project

03-054-001-0 Cities of St Joseph 0.76 acre wetland fill with 1.51 NW issued

and Benton Harbor ratio or 1.14 acres of wetland mitigation

mitigation within current projectconstructed and in

area monitoring

05 -043-001-0 North Shore Road Rebuild bridge NW issuedin

Bridge Replacementconstruction

86-054-003-3 Ox Creek Company 700 slip marina on 40 acre site Withdrawn pending

resolution of fixed

bridge

This project continues an established patternof similarprojects in the cumulative impact area

defined above We will consider the cumulative impact of continuing this development

The anticipated future activities within the CIA include future stream remediation and

navigation dredgingin Ox Creek and possible dredging in the Paw Paw River Possible removal

or elevation of the CSX bridge at River Mile 0.3 would make thelower miles of the Paw Paw

River accessible to the type of small craft that can navigate onLake Michigan The Corps

evaluated several earlier proposals by the Ox Creek Company regarding development of large

marina just upstream of the CSX bridgethe last proposal was withdrawn pending resolution of

fixed bridge Conceptual pre-application drawingsfor the Harbor Shores project shown to the

Corps for the earlier versions ofthis project show that the St Joseph and Benton Harbor

communities have considered substantial residential development with boating access alongthe

lower Paw Paw River and Ox Creek Indeed two small marinas were part of the original

applicationand the applicant held discussions

with CSX about modifying the bridge structural

supports to gain few more feet of vertical clearance to make the proposed marinas possible

Boaters would not be interested in boat slip on the Paw Paw River without access to the St

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Joseph River and Lake Michigan The impact sites and scopes for these reasonably foreseeable

projects are similar to this projects site and scope with regard to disruptions of wetland adjoining

the Paw Paw River with direct hydrologic connection to the waterway The impacts could be

more severe as the easiest places for potential marinas are precisely those places where natural

channels are present These channels provide for movement of water flows and aquatic animals

especially fish between the main river and the adjacent wetland complexes Through revisions

to the original application the applicant has reduced this type of wetland impact in the current

proposal Since the District strives for fair and consistent permit decisions it would be contrary

to policyand

arbitrary to foresee different permit decision for any similarprojects within the

CIA The CIA would thus be subject to current and anticipated impacts comprising one acre or

more of marina basins within adjacent wetlands or tributary channels Projects with this scope of

impact would likely require mitigation to replace aquatic functions We will evaluate those

impacts below

ifi Environmental Impacts of the Proposed Action

Identified Physical Impacts

Effects on Water Quality

Construction Impacts

Commenters points EPA and FWS stated that stream enclosures would result in substantial

loss of aquatic resources They recommend relocating the project to avoid the stream North

Shore Drain in the wooded ravine This stream and its two adjacent wetlands are in state-

transferred waters EPA and FWS also suggested more natural treatment for the stream as it

enters the Paw Paw River 450 feet of enclosure in Corps jurisdiction was originally proposed

here Several other objectors stated that the project compromises great part of the lower Paw

Paw River and crowds the river bank Effects to water quality from golf course pesticides and

fertilizers were cited

Applicants response/rebuttal The applicant has revised the project to reduce stream enclosure

impacts from total of 1200 feet to 1060 Further the applicant has abandoned the concept of

digging into the side of the forested ravine to relocate the portion of the stream in state-

transferred waters and will instead enclose the existing stream with pipe with open joints to

allow cool groundwater to enter the pipe and he discharged near the Paw Paw River As

mitigation the applicant will locate and design stream mitigation project in the project vicinity

plan for this work is still pending To control runoff from the golf course the applicant has

prepared storm water management plan In areas where golf fairways parallel the river the

course will he sloped so that runoff is directed away from the river River banks are to be planted

with native vegetation to provide buffer between golf areas and the river

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Cois Findings

The physical disturbance of the river bottom during excavation and riprap placement will

cause resuspension of sediments at the point of disturbance and for limited radius around it

This will cause temporary reintroduction of particulates and adsorbed contaminants in the watercolumn The discharge of fill material into the water will consist of materials t ha t a re of

sufficient grain size and inertness so as to cause more than minor adverse impacts on water

quality

All project-associated excavated graded and filled areas would be subject to erosion thereby

causing negative impacts to water quality until the areas are stabilized The proposed minor 14cubic yards of excavation and backfill work for the water intake would cause temporarysedimentation and an increase of

turbidity in the river Adequate controls are proposed as the

pipe installation area would be enclosed by steel sheet pilings Backfill of the excavated bank

material is proposed This should not lead to excessive erosion The extensive clearing and

land-shaping activities in uplands for the golf course would result in large areas of bare ground

subject to erosion until these areas are stabilized

In summary the proposed excavation and discharges in the river and adjoining wetlands andthe excavation of former wetlands for mitigation would cause minor temporary degradation of

water quality Areas with riprap placement will quickly stabilize and prevent further erosion orsedimentation The large wetland discharge and construction of the wetland mitigation areascould produce substantial sedimentation and degradation of river water quality unless propererosion and sediment controls are in place and functioning Once vegetation is established onthese areas the risk of erosion and sedimentation will be reduced

In order to minimize the detrimental impacts on water quality due to construction the permitcould be conditioned to require use of adequate containment and stabilization measures in both

wetland and upland work and equipment use areas These measures will reduce the impacts dueto bottom and bank disturbance during construction by capturing and confining suspendedsediment and disturbed soil prior to its dispersal

Post-Construction and Use Impacts

Commenterspoints Several commenters mentioned adverse impacts to water quality from golf

course use of pesticides and fertilizers Several cornmenters asked what would become of formerwetland areas converted to golf course use if the golf course failed Concern was expressed that

these former wetlands converted to uplands would then be used for development in former

natural area and floodplain

Applicants response/rebuttal The applicant proposed sedimentation controls including using

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native plants to create vegetated buffer at the waters edge The applicant is also preparing

final drainage plan that would assure that storm water drainage from the golf course would be not

be sent directly to the river End 36

Cois Findings

The proposed golf course construction would destroy an area that filters rainfall runoff

groundwater and floodwaters that would otherwise directly enter the waterway and would

replace it with new source area for runoff pollutants Pollutants from this area may include

lawnfertilizers herbicides and other pesticides This would cause long-term negative impact

on water quality

The proposed boat ramp will induce increased boater use of the area which will in turn cause

water quality degradation due to gasoline and oil spills littering and increased turbidity because

of propeller wash limited number of small craft would use the new ramp and most boats

conditions permitting would probably enter the nearby St Joseph River to get to Lake Michigan

resulting in minor long term impacts to the lower Paw Paw River

Runoff from developed golf areas would likely contain pollutants such as fertilizers

herbicides and other pesticides In response to concerns expressed about this potential pollution

sources the applicant proposed sedimentation controls including using native plants to create

vegetated buffer a t t he waters edge see plan sheet 46 The applicant is also preparing finaldrainage plan that would assure that storm water drainage from the golf course would be not be

sent directly to the river End 36 The MDEQ permit also notes the applicant committed toworking with outside groups to develop its pollution prevention plan including the Paw Paw

River Watershed Project Audubon International and the Michigan State University TurfgrassEnvironmental Stewardship Program

The cumulative impacts of numerous large stream enclosures could result in substantial loss

of small stream habitat The applicant is preparing stream mitigation plan which would

daylight at least an equivalent am--ount of stream from an existing enclosure Similarly the golf

course represents major conversion of wetland habitats to uplands for use as golf The wetland

mitigation plan if successful would more than replace the lost wetlands with greater area of

similarly situated wetlands The large on-site wetland mitigation areas were selected because

they can provide water quality improvements through accepting and retaining floodwaters from

the Paw Paw River Successful growth of vegetation in the wetland mitigation areas would

enhance deposition and filtration of sediments from the river water The production of

alternating zones of aeration and anaerobic conditions typical of actively growing wetland

vegetation will remove nitrates from the water column Plant growth will also remove other

major nutrients including phosphorus and ammonium Destruction of wetlands will remove

their buffering and cleansing ability Numerous projects such as this if no adequate wetland

mitigation were accomplished could greatly reduce water quality

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Overall the operation and use of the proposed activity with successful wetland and stream

mitigation efforts would have minor long term negative impact on water quality

Denial of the permit would avoid these minor long term negative impacts to water quality

permit could be issued with special conditions as follows The applicant shall provide an

acceptable storm water management plan and stream mitigation plan to this office prior to

permit issuance revised wetland mitigation plan consistent with Detroit District Mitigation

Guidelines could also be required prior to final permit issuance These would reduce the

impacts due to water quality impairment by insuring replacement of open flow stream channels

that direct cool oxygenated water to the river and by reducing possible pollutant discharges from

the golf course to the river by insuring that wetland water quality functions are fully replaced

Shore Erosion and Accretion Effects

Commenters points No comments were received on this topic

Applicants response/rebuttal The applicant will provide native vegetation buffer between golf

areas and the river banks The applicant responded t o t he Corps concern that the water intake

could accrete materials upstream and cause erosional effects downstream and now proposed to

remove all sheet piling for the coffer dam

Corps Findings

The project would reduce the ability of the wetlands adjoining the river to act as sediment

catch basin Theproject would eliminate wetlands and shallow backwaters which presently

allow sediment trapping functions Without successful mitigation with new basins connected to

the river at high flow elevations an increase in sedimentation at the mouth of the Paw Paw River

and into the St Joseph River can be expected The cumulative impacts of numerous such

projects on erosion and accretion would become major long-term and negative The current

version of the wetland mitigation plan would allow flood waters to enter all three proposed

wetland mitigation areas Since the net area and volume of the new basins would exceed that of

the wetlands scheduled to he filled long-term negative effects on accretion would be avoided if

the mitigation is successfully carried out

Regarding the proposed water intake structure temporary coffer dam will reduce erosion along

the bank at the work site Backfill after completion will stabilize the bank behind new

permanent steel sheet piling wall The temporary sheet pilings for the coffer darn will be

completely removed resulting in no long term change to flow patterns at the intake site The

Detroit Districts Hydraulics and Hydrology Branch reviewed the final proposal to evaluate the

effect of the intake structure on the Paw Paw River End 72 They concluded t ha t t he proposed

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work would not impact erosion or accretion

Tn summary the project with successful mitigation will have no impacts on erosion oraccretion

permit could he issued with special conditions as follows Theapplicant shall supply

suitable wetland mitigation plan for approval by this office prior to final permit issuance This

would reduce the impacts due to accretion by providing assurance that the plan will adequatelyallow for removal of sediments from flood waters

Effects on Flood Hazards andFloodplain Values

Commenters points Several commenters expressed concern that the golf course and associated

upland development would encroach on the floodplain and worsen flood damage riskCommenters included the owner of business along Kiock Road and Paw Paw Avenue

Applicants response/rebuttal The applicant has prepared several flood flow models to MIDEQfor review The

applicant has planned no less than one for one cut from the floodplain to

compensate for proposed fills within the floodplain

Corps Findings The proposed work will take place in an area where water levels are partiallyunder static level control of the Great Lakes Lake Michigan water levels vary over the long termby more than five feet providing large range of variation for base flow water levels Howeverthe area is also subject to flooding from high flows from upstream The project includes

reciprocal excavation of material from thefloodplain to balance the proposed discharges within

the floodplain MDEQ has approved the proposed cuts and fills as adequate to protectneighboring properties

The proposed floodplain fills will decrease the hydraulic efficiency of the channel by

encroachment on the floodplain However the project includes floodplain and wetland mitigationthat would replace the natural storage of floodwaters The project could impact floodplain values

by eliminating natural floodplain vegetation and reducing the roughness coefficient which willincrease flood peaks downstream However mitigation for these effects is included in the plansAs such the work would not he contrary to Executive Order 11988

The Detroit Districts Hydraulics and Hydrology Branch reviewed the proposed water intaketo evaluate the effect of the intake structure on floodplain elevations End 72 They concludedt ha t t he proposed work would not affect floodplain elevations

The proposed project would result in new golf course partially constructed within t he 100-

year floodplain No buildings are proposed within the floodplain Open recreational areas areusually considered appropriate land uses within floodplain as they do not invite high value

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damages that buildings would incur from flood events Thus the project would not encouragethe applicant to invest in an area which would he subject to high risk from flooding conditions

The cumulativeimpacts of numerous such projects on flood hazards would be minor

In summary the project will have minor long term negative impacts on flood hazards and

floodplain values

Denial of the permit would avoid these minor negative impacts on flood hazards and

floodplain values

Effects on Navigation

Commenters points No comments were received although the Corps and MDEQ had severaldiscussions with the applicant concerning the effects of the originallyproposed navigational

improvements and the two small marinas in the wetland complex between M-63 and the river

Applicants response/rebuttal The applicants current plans have relocated the boat launch area

2.0 miles downstream from the originallyproposed location to just above the mouth of the PawPaw River The applicant responded to t he Corps expressed concern about the water intake

structure extending into the river at Kiock Road The intake would now be within constructed

cove in the riverbank The pipe will extend feet from the new riverbank within the cove The

originally proposed location was 20 feet out into the channel with one steel sheet piling driven to

feet above the river bed to deflect debris The end of the pipe would still be marked with

buoy to warn boaters

Corps Findings

Only minor impacts would be expected This is because the area is currently used only by

very small craft The relocated boat launch on the Paw Paw River is proposed just upstream of

the railroad bridge Boaters using the ramp and heading downstream would not be subject to the

hazards of golf play as they might have been in previous iterations of the project which had

boat ramp at the upstream end

During construction no obstruction to navigation would occur due to the very light use by

very small vessels well able to avoid the work area

The proposed w or k an d structure would not extend into or interfere with Federal channel

The proposed work boat launch structure and use of the finished structure would not likely

cause congestion Some boats may enter the busy St Joseph River harbor area if water levels are

sufficiently low to allow access under the CSX bridge In summary the project will have minor

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long term positive impacts on navigation as the lower Paw Paw River is currently very lightlyused The water intake at Klock Road would not extend into the

existing channel but would be

within newly constructed cove in the riverbank It would be marked with floating HDPE

buoy The river is approximately 162 feet wide at this point estimated from the USGS

topographic map for Benton 1-larhor Michigan Minor long-term negative impacts to navigationare expected from the water intake structure Small boats could

easily avoid the structure if it is

mar ke d T he project could be conditioned to require that the intake pipe is effectively marked

with buoys throughout the life of the project and that any structure in navigable waterway is

subject to removal at the owners cost should it be determined to interfere with navigation in the

future

Water Supply and Conservation No impacts would be expected St Joseph and BentonHarbor obtain water from Lake Michigan There are no existing water intakes in the area likelyto he affected and we anticipate no impacts to any drinking water aquifer Peak water

withdrawal from the proposed water intake is expected to be 1400 gallons permit minute or

3.119 cubic feetper second End 72.a Hydraulics and Hydrology Branch email September 11

2007 This should result in only slight loss in available water in the river withaverage daily low

flow of 273 cubic feet per second USGS gage data Riverside MI Furthermore the waterintake lies within the zone of hydrologic influence of Lake Michigan and pump withdrawalswould tend to be replaced from downstream as well as from upstream End 86

Identified Biotic Impacts

Effects on Aquatic Organisms Fish invertebrates submerged vegetation plankton etcdocumented in ll.D above

Commenterspoints EPA FWS and MDNR cited the proposed stream enclosure as having

adverse impacts on stream biota in the Paw Paw River One concern about the originally

proposed stream relocation was that cool water from the stream would he replaced by warmerwater in the relocated stream especially after removal of the forest cover The current proposalincludes openings in the enclosing pipe so that cold ground water can enter and continue to

provide cool water discharge to the Paw Paw River FWS commented on possibleimpingement and entrainment impacts to fish a t t he water intake

Applicants response/rebuttal The applicant withdrew the stream relocation proposal and

redesigned the stream enclosure in the ravine Hole 10 Open joints will allow coolgroundwater to enter the pipe resulting in continued supply of cool water t o t he Paw Paw

River stream mitigation plan is required by MDEQ subject to EPA and FWS approvalplan to daylight portion of the nearby Sawyer Drain has been conditionally approved by

MIDEQ The applicants agents provided several iterations of design plans for the water intake to

effectively screen the intake and reduce water velocity so that fishery impacts are avoided

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Corps Findings

The proposed activity includes minor work along the bank of the Paw Paw Riv

Documents

US Army Corps of Engineers Environmental Assessment, Harbor Shores 404 permit