Otis Rd., LaPorte Co. Project, Des. 1401027 – CE Form for Public Viewing

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

Part I - PUBLIC INVOLVEMENT Every Federal action requires some level of public involvement, providing for early and continuous opportunities throughout the project development process. The level of public involvement should be commensurate with the proposed action.

Does the project have a historic bridge processed under the Historic Bridges PA*?

If No, then: Opportunity for a Public Hearing Required?

Yes

No

X X

*A public hearing is required for all historic bridges processed under the Historic Bridges Programmatic Agreement between INDOT, FHWA, SHPO, and the ACHP. Discuss what public involvement activities (legal notices, letters to affected property owners and residents (i.e. notice of entry), meetings, special purpose meetings, newspaper articles, etc.) have occurred for this project.

Remarks:

The proposed project will meet the minimum requirements described in the current Indiana Department of Transportation (INDOT) Public Involvement Manual which would require the project sponsor to offer the public an opportunity to submit comment and/or request a public hearing. Therefore, a legal notice will appear in a local publication contingent upon the release of this document for public involvement. This document will be revised after the public involvement requirements are fulfilled.

To meet the requirements of public involvement activities of Section 106 of the National Historic Preservation Act (NHPA) of 1966 (as amended), a public notice announcing the Section 106 Effect Finding of “No Adverse Effect” was issued in the Herald Argus on September 19, 2018 with a published public comment period ending on October 19, 2018. No comments from the public were received during the public comment period, thus ending the Section 106 process. Refer to Appendix D-3 to D-4 for the publisher’s affidavit and public notice text.

Section 4(f) of the US Department of Transportation Act of 1966 prohibits the use of certain public and historic lands for federally funded transportation projects unless there is no reasonable or prudent alternative.

This applies to significant publicly owned parks, recreation areas, wildlife/waterfowl refuges, and National Register eligible or listed historic resources. This project involves the acquisition of approximately 0.345 acre of permanent right-of-way from Railroad Culvert #091-406-G3-1, located adjacent to project structure to the west. This railroad culvert is considered a 4(f) resource because it is a National Register eligible historic resource. In accordance with 36 CFR Part 800, projects that involve use of historic sites require consultation with consulting parties, notification to the Official with Jurisdiction (OWJ) of the intent to make a de minimis impact determination, and concurrence of the OWJ with the finding of No Adverse Effect on any historic properties. Compliance with 36 CFR Part 800 satisfies the public involvement and agency coordination requirements for de minimis impact finding for historic sites. Details of consultation with consulting partings can be found in Section C-Cultural Resources and coordination with the OWJ, the Indiana State Historic Preservation Officer (SHPO), is discussed fully in Section C-Cultural Resources and Section D-Section 4(f) Resources.

Notice of entry letters were sent to adjacent property owners on November 12, 2015 and can be found in Appendix C-2.

Public Controversy on Environmental Grounds Will the project involve substantial controversy concerning community and/or natural resource impacts?

Remarks:

Yes

No

X

At this time, there is no known substantial public controversy concerning community or natural resource impacts as a result of this project.

This is page 2 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Des. No.

Otis Road

1401027

Part II - General Project Identification, Description, and Design Information Sponsor of the Project: Local Name of the Facility:

INDOT District:

LaPorte County, Indiana Otis Road over East Arm of Little Calumet River

Funding Source (mark all that apply):

Federal

X

State

Local

X

LaPorte

Other*

*If other is selected, please indentify the funding source:

PURPOSE AND NEED: Describe the transportation problem that the project will address. The solution to the traffic problem should NOT be discussed in this section. (Refer to the CE Manual, Section IV.B.2. Purpose and Need)

The need for the project is due to water flowing over the road during flood events making it impassable, causing safety issues to drivers who may get stuck and trapped while trying to cross, and damaging the roadway surface and structure.

The structure is currently too small to handle the water flow during high water events, causing upstream flooding which is leading to water overtopping the roadway and making the road impassable. The upstream flooding has also been impacting neighboring residences as a result of the channel restriction caused by the structure. The nearby barn in the northeast quadrant receives flooding up to 6 inches, and displacing the livestock and damaging the equipment stored in the barn.

The purpose of the project is to reduce flooding in the area and improve the safety of the Otis Road crossing over the East Arm Little Calumet River.

PROJECT DESCRIPTION (PREFERRED ALTERNATIVE): County:

Municipality:

LaPorte

Limits of Proposed Work: Total Work Length:

Near the Town of Otis

Otis Road over the East Arm Little Calumet River structure with work extending approximately 513 ft south and 467 ft north of the small structure.

0.18

Mile(s)

Total Work Area:

~1.34

Is an Interchange Modification Study / Interchange Justification Study (IMS/IJS) required?

If yes, when did the FHWA grant a conditional approval for this project?

Acre(s) Yes1 Date:

No X

1If

an IMS or IJS is required; a copy of the approved CE/EA document must be submitted to the FHWA with a request for final approval of the IMS/IJS. In the remarks box below, describe existing conditions, provide in detail the scope of work for the project, including the preferred alternative. Include a discussion of logical termini. Discuss any major issues for the project and how the project will improve safety or roadway deficiencies if these are issues.

This is page 3 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

Location The project is located in Coolspring Township, LaPorte County, Indiana, approximately 0.66 mile south of County Road (CR) W 100 North in Section 32, Township 37 N, Range 4 W. Existing Conditions The existing conditions of the project area consist primarily of the neighboring residential properties and pasture on the east side of Otis Rd and the forested former railroad corridor along the raised railbed embankment to the west side of the roadway. The raised railbed runs adjacent to Otis Rd and is no longer in use. The East Arm Little Calumet River flows west under the railroad culvert (named Railroad Culvert # 091-406-G31 as recommended eligible for inclusion in the National Register of Historic Places (NRHP)) and Otis Rd, through the existing 8-foot wide multi-plate pipe (Small Structure # 1115). The existing roadway is a rural local road that has two 10 ft asphalt lanes with 1 ft usable shoulders.

The current structure is cannot handle high water events and leads to frequent flooding over the road and nearby residential property.

Overhead electric and telephone lines are present along the east side of Otis Road and are located within 10 ft of the existing edge of pavement. A copper telephone line is buried along the east side of Otis Road and a gas line is present under the east travel lane. It is likely that these utilities will require relocation and coordination is ongoing with the utility companies and will continue throughout the design and construction process. A total of 1.28 acre of new permanent rightof-way will need to be acquired from the adjacent parcels. A total of 0.16 acre of temporary right-of-way will be required from the parcels on the east side. The structure replacement will require a full road closure during construction and utilize an official detour. No relocations of businesses or residents will occur as a result of this project.

Preferred Alternative This project proposes to replace the existing metal culvert with a new integral, Type II, prestressed concrete I-beam bridge. The new bridge will be 55 feet in length and will include the installation of bridge railings and new approach guardrail. The roadway will be raised by approximately 4-ft 6-in to allow for more water flow below the bridge. Standard 2:1 slopes and 3-foot berms will be constructed below the bridge for slope stability. Two private drives will be constructed along the east side of the structure to allow for the neighboring land owner to still access their pasture with a truck or tractor from Otis Road at the new grade. Steel sheet piling will be installed for improved scour protection below the replacement bridge around the buried wingwall stones that extend from the adjacent railroad culvert. The railroad culvert is decommissioned and owned by the adjacent private property owner. This railroad culvert, while privately owned, is considered a 4(f) resource because it is National Register eligible. This project will not directly impact this railroad structure. The project sponsor is LaPorte County and the project is being funded through federal and local funds.

The total estimated cost for the project including construction, right-of-way, and engineering is $1,661,950. This project is scheduled for letting in Spring of 2020 and will require a full road closure and detour during construction. The speed limit will be changed from 45 mph to 40 mph for this project and existing regulatory signs will be replaced. Existing 30 mph advisory signs will be kept in place, which were placed for a local resident who travels the road by scooter.

The preferred alternative involves the acquisition of approximately 0.345 acre of permanent right-of-way from Railroad Culvert #091-406-G3-1, a National Register eligible 4(f) resource, located adjacent to project structure to the west. The SHPO, the OWJ, concurred with the finding that the project will have No Adverse Effect on the double-box stone railroad culvert on October 16, 2018 (Appendix D-2). This alternative was deemed the most prudent and feasible option because it results in the least amount of 4(f) impacts and still meets the purpose and need of reducing flooding and improving safety. See the Other Alternatives Considered section below for discussion of the alternatives and Section D– Section 4(f) Resources for further discussion of Section 4(f) impacts.

The preferred alternative satisfies the purpose and need of the project to reduce flooding and improve safety of the Otis Rd. crossing over the East Arm Little Calumet River by increasing the flow capacity of the structure.

This is page 4 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

OTHER ALTERNATIVES CONSIDERED: Describe all discarded alternatives, including the Do-Nothing Alternative and an explanation of why each discarded alternative was not selected.

Four alternatives to the preferred alternative discussed above were considered and discarded: ALTERNATIVE 1: REMOVAL OF ADJACENT RAILROAD CULVERT It was originally considered that the adjacent railroad culvert (Railroad Culvert #091-406-G3-1) would be removed in addition to work on the existing culvert under Otis Road to reduce debris piling up against it during flooding events and further increase flow capacity. Once it was determined that the railroad culvert was a National Register eligible 4(f) resource, the project’s design changed to find an alternative that provided adequate hydraulic capacity and avoided adverse impacts to railroad culvert.

ALTERNATIVE 2: REHABILITATION OF EXISTING STRUCTURE One alternative considered was the rehabilitation of the existing structure. This alternative would fix the deterioration around the superstructure and substructure and would likely result in less 4(f) impacts to the railroad culvert, but would not reduce the flooding caused by the inadequate size of the structure that has led to overtopping of the roadway and flooding of neighboring properties. No further analysis of this alternative was conducted since this alternative did not meet the stated purpose and need.

ALTERNATIVE 3: REPLACE STRUCTURE WITH PRECAST THREE-SIDED STRUCTURE Another alternative considered was to replace the existing culvert with a new precast concrete three-sided structure. This structure would have a larger waterway opening that would alleviate flooding. This alternative met the stated purpose and need. It was determined during the Section 106 process that this alternative would result in impacts to the below-grade wingwalls of the National Register eligible railroad culvert. This alternative was discarded from consideration since it would cause an Adverse Impact to the National Register eligible 4(f) resource.

ALTERNATIVE 4: DO NOTHING ALTERNATIVE Another alternative considered was the “Do Nothing” alternative. This alternative would cost nothing and not impact any environmental resources. However, this alternative would not meet the stated purpose and need to provide a structure that will reduce flooding in the area and improve the safety of the structure crossing. Therefore, this alternative was dismissed from further consideration.

The Do Nothing Alternative is not feasible, prudent or practicable because (Mark all that apply): It would not correct existing capacity deficiencies; It would not correct existing safety hazards; It would not correct the existing roadway geometric deficiencies; It would not correct existing deteriorated conditions and maintenance problems; or It would result in serious impacts to the motoring public and general welfare of the economy.

Other: It would not reduce flooding.

X

X

ROADWAY CHARACTER: Otis Road Functional Classification: Current ADT: Design Hour Volume (DHV): Designed Speed (mph):

This is page 5 of 34

Rural Local Road 127 VPD (2020) Design Year ADT: 18% Truck Percentage (%) 7% AADT 45 Legal Speed (mph): 40 (Advisory 30)

Project name:

256

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

VPD (2040)

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Existing Otis Rd Number of Lanes: Type of Lanes: Pavement Width: Shoulder Width: Median Width: Sidewalk Width:

2 Asphalt ft. ft. ft. ft.

ft. ft. ft. ft.

20 5 N/A N/A

Urban Level

Setting: Topography:

1401027

Proposed

2 Asphalt 20 1 N/A N/A

Des. No.

Otis Road

X

Suburban Rolling

X

Rural Hilly

If the proposed action has multiple roadways, this section should be filled out for each roadway.

DESIGN CRITERIA FOR BRIDGES: Structure/NBI Number(s):

Structure No. 1115 Existing

Bridge Type: Number of Spans: Weight Restrictions: Height Restrictions: Curb to Curb Width: Outside to Outside Width: Shoulder Width: Length of Channel Work:

Sufficiency Rating:

N/A (Rating, Source of Information)

Proposed

Multi-plate arch under fill culvert N/A N/A Ton N/A ft.

N/A ft.

N/A ft.

N/A ft.

N/A

Type II, prestressed concrete I-beam bridge 1 N/A N/A 30 32 5 ~85

Ton ft. ft. ft. ft. ft.

Describe bridges and structures; provide specific location information for small structures.

Remarks: A Type II, prestressed 55-ft long concrete I-beam bridge will be constructed to replace the existing

multi-plate arch under fill culvert (see Appendix B-10 to B-14). The bridge will be designed according to INDOT 3R standards. There are no current or future weight restrictions with the structure. No other bridges, culverts, or small structures are involved in this project.

Yes No Will the structure be rehabilitated or replaced as part of the project?

X If the proposed action has multiple bridges or small structures, this section should be filled out for each structure.

This is page 6 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

N/A

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

MAINTENANCE OF TRAFFIC (MOT) DURING CONSTRUCTION: Yes

Is a temporary bridge proposed?

Is a temporary roadway proposed?

Will the project involve the use of a detour or require a ramp closure? (describe in remarks) Provisions will be made for access by local traffic and so posted.

Provisions will be made for through-traffic dependent businesses.

Provisions will be made to accommodate any local special events or festivals.

Will the proposed MOT substantially change the environmental consequences of the action?

Is there substantial controversy associated with the proposed method for MOT? Remarks:

No

X X X X

X X X X

This project will involve the replacement of the existing culvert structure with a new bridge and will require a full road closure. The proposed detour will utilize Otis Road, CR 100 N, US 421, and Snyder Road. The additional length of travel will be approximately 4.3 miles, and the additional travel time will be approximately 7 minutes. The maximum estimated length of road closure is 6 months. During construction, local traffic through the area will be minimally impacted by the road closure.

The project designer will contact emergency services and the Michigan City Area School District at least 2 weeks prior to any disruptions to traffic and school bus routes (see Environmental Commitments at the end of this document). No through-traffic businesses exist along Otis Rd. Traffic is fairly low along Otis Rd and is almost entirely local residents of the surrounding area.

The website www.fairsandfestivals.net was reviewed to determine if any community events will take place within 10 miles of the project area. It was determined that no community events will be held in the area that would be impacted by the temporary detour. Two nearby religious facilities, St. Paul’s Lutheran Church and St. Mary’s Catholic Church, are located along Snyder Rd, approximately 0.80 mile south of the project.

Impacts to traffic for these facilities will be temporary and minimal.

The proposed detour is not expected to substantially change the environmental consequences of the action, as impacts will be confined to only the period of construction. The project will not permanently affect motorized vehicular traffic patterns.

ESTIMATED PROJECT COST AND SCHEDULE:

Engineering:

$ 441,950

(2016-2019)

Anticipated Start Date of Construction:

Date project incorporated into STIP

Is the project in an MPO Area?

Right-of-Way:

$ 175,000

(Local2019)

Construction:

$ 1,045,000

(2020)

Spring 2020 FY 2018-2021 STIP (July 3, 2017; see Appendix H-2) - *Note: INDOT PM will determine if an administrative amendment is required for the cost.

Yes X

No

If yes,

This is page 7 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Name of Metropolitan Planning Organization (MPO)

Otis Road

Des. No.

1401027

Northwestern Indiana Regional Planning Commission (NIRPC)

Location of Project in TIP

FY 2018-2021 Regional TIP, adapted 3/15/18;

Amendment 18-12 (see Appendix H-3), approved on 1/17/19

Date of incorporation by reference into the STIP

July 3, 2017 (FY 2018-2021 STIP)

RIGHT-OF-WAY:

Land Use Impacts Residential Commercial Agricultural (pasture) Forest Wetlands Other:

Permanent

TOTAL

Amount (acres)

Temporary

0.29 0 0.52 0.47 0 0

0 0 0.16 0 0 0

1.28 acres

0.16 acres

Describe both Permanent and Temporary right-of-way and describe their current use. Typical and Maximum right-of-way widths (existing and proposed) should also be discussed. Any advance acquisition or reacquisition, either known or suspected, and there impacts on the environmental analysis should be discussed.

Remarks:

A total of 1.28 acre of permanent right-of-way and 0.16 acre of temporary right-of-way will be acquired for this roadway improvement project (see Appendix B-12). Approximately 0.29 acre of the permanent right-ofway will be acquired from the neighboring residential properties on the southeast, southwest, and northeast quadrants of the project. Approximately 0.52 acre of the permanent right-of-way will be acquired from the neighboring pasture to the east. The remaining 0.47 acre of permanent right-of-way will be acquired from the forested land mostly along the west side of Otis Road, 0.345 acre of which is within the boundaries of the adjacent Railroad Culvert #091-406-G3-1, which is a National Register eligible 4(f) property. Approximately 0.16 acre of temporary right-of-way will be acquired from the neighboring pasture to the east so that private drives can be installed for the land owner to still have access with tractor or truck. Typical and maximum existing right-of-way widths are only one to two feet from the edge of pavement. Typical proposed right-ofway widths are 30-35 feet from the edge of pavement, with maximum widths of 55 feet. No relocations of businesses or residences will be required.

This is page 8 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

Part III – Identification and Evaluation of Impacts of the Proposed Action SECTION A – ECOLOGICAL RESOURCES

Presence Streams, Rivers, Watercourses & Jurisdictional Ditches Federal Wild and Scenic Rivers State Natural, Scenic or Recreational Rivers Nationwide Rivers Inventory (NRI) listed Outstanding Rivers List for Indiana Navigable Waterways Remarks:

X

Impacts Yes No

X

According to the Red Flag Investigation (RFI) report concurred by INDOT on July 18, 2017, one stream was identified within the project area, the East Arm Little Calumet River (Appendix E-4). The RFI Addendum also identified the East Arm Little Calumet River as impaired for dissolved oxygen, E. coli, and impaired biotic communities (Appendix E-2). Due to the presence of E. coli, workers who are working in or near East Arm Little Calumet River should take care to wear appropriate Personal Protection Equipment, observe proper hygiene procedures, including regular hand washing, and limit personal exposure (this is included as a firm commitment in the Environmental Commitments section). No Federal Wild and Scenic Rivers, State Natural, Scenic, and Recreational Rivers, Outstanding Rivers for Indiana, Navigable Waterways, or National Rivers Inventory Waterways were identified during a desktop review completed on May 24, 2017. The East Arm Little Calumet River is designated as a salmonid water according to the IDEM Listing of Indiana Waters Designated for Special Protection. Recommendations regarding work within salmonid waters are included in the Environmental Commitments of this CE document.

A Waters of the U.S. Report was completed by the consultant on June 22, 2017, for this project to identify water resources within the project area (Appendix F). The field investigation was completed on May 25, 2017. The report identified one waterway, East Arm Little Calumet River, within the project area. According to the Waters of the U.S. Report, East Arm Little Calumet River has an Ordinary High Water Mark (OHWM) width of approximately 15 feet and three (3) feet deep. The stream was characterized as a riverine, lower perennial, unconsolidated bottom, semi-permanently flooded stream (Cowardin Class: R2UBF). The Waters of the U.S. Report stated that since the East Arm Little Calumet River exhibits an (OHWM), semi-permanent flow, and a defined bed and bank, it is likely a Waters of the U.S under the jurisdiction of the U.S. Army Corps of Engineers (USACE). East Arm Little Calumet River appears as a blue-line feature on the National Hydrography Dataset (NHD), in the U.S. Geological Survey (USGS) Topographic map in Appendix F-8. The East Arm Little Calumet River will receive temporary impacts during construction (approximately 85 linear feet/0.03 acre) due to the replacement of the existing pipe structure that carries it under Otis Rd. Avoidance of these impacts would not allow for the structure to be replaced. Impacts will be minimized to the extent necessary to replace the existing structure. Mitigation of these impacts is not anticipated as they are below the threshold of 300 linear feet/0.1 acre.

The proposed road re-grading and structure replacement will impact two drainage features that approach from the north and south along the west side of Otis Rd on either side of the structure. These features were found in the Waters of the U.S. Report to be fully vegetated drainage ditches that drain uplands toward the stream, did not have flow conditions of a relatively permanent waterway (RPW), and had no OHWM. These

This is page 9 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Des. No.

Otis Road

1401027

drainage features appear to be excavated and likely non-jurisdictional under the USACE; however, USACE will determine final jurisdiction. These drainage features will be modified as needed to accommodate the proposed construction but will not be removed.

Environmental review agencies were sent early coordination project information on June 8, 2017 (a full list of agencies included in the mailing can be found in Appendix C-3). The Indiana Department of Natural Resources (IDNR) responded on July 10, 2017 and provided a list of recommendations to consider to minimize impacts to wildlife and botanical resources (Appendix C-23 to C-25). All applicable IDNR recommendations are included in the Environmental Commitments of this CE document. In their early coordination response letter dated July 6, 2017, the USFWS provided no recommendations regarding streams (Appendix C-21 to C-22). In their early coordination response letter dated June 19, 2017, the USACE noted that the project would likely be permitted under their regional permit program, but would depend on the amount of impacts to the waterway or any wetlands within the project site (Appendix C-14).

The NIRPC responded to early coordination on July 5, 2017 and provided an RFI (Appendix C-18 to C-20).

They stated that the nearby stream monitoring station listed degraded habitat quality as the primary stressor leading to impaired biotic communities in the stream. Their letter recommended that the replacement structure facilitate fish passage, that any vegetation removal be replaced with appropriate native species to maintain any existing canopy cover, and to ensure that floodplain connectivity and channel stability upstream of the structure be maintained. These recommendations are included in the Environmental Commitments of this CE document.

The Indiana Department of Environmental Management (IDEM) provides a standard list of recommendations for water quality in their automated response letter to early coordination (Appendix C-7 to C-13). Recommendations include providing appropriate measures to control erosion and storm water runoff and obtaining proper permits. All applicable IDEM recommendations are included in the Environmental Commitments of this CE document.

Due to the work within the East Arm Little Calumet River and the floodplain, an USACE Section 404 permit, IDEM Section 401 water quality certification, and IDNR Construction in a Floodway (CIF) permit will likely be required. Based on review of the maps in Appendix F-8 through F-10 and the site investigation on May 25, 2017 by Green 3, LLC, there are no other streams, rivers, watercourses, or jurisdictional ditches within the project area.

Presence Other Surface Waters Reservoirs Lakes Farm Ponds Detention Basins Storm Water Management Facilities Other: Remarks:

Yes

Impacts No

X

X

Based on site investigations by Green 3, LLC on May 25, 2017, the National Wetlands Inventory (NWI) map in Appendix F-9, and the RFI (Appendix E-4), there are eight lakes within the 0.5-mile radius of the project area. The closest lake is approximately 0.14 mile southwest of the project area. All surface waters are located outside of the project area; therefore, no impacts are expected.

This project is mapped within the boundary of the Indiana Lake Michigan Coastal Program (LMCP) (https://www.in.gov/dnr/lakemich/files/lm-boundary_and_watershed.pdf) and is approximately 7.23 miles

This is page 10 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Des. No.

Otis Road

1401027

south of Lake Michigan. Projects within the LMCP are subject to federal consistency reviews from the IDNR. The term "federal consistency" refers to the requirement of the Coastal Zone Management Act (CZMA), 16 U.S.C. 1451, 1456 et seq., and implementing regulations at 15 CFR Part 930, that certain federal actions affecting any land or water use or natural resource of a state's coastal zone shall be consistent with the state's federally approved coastal program. Indiana's coastal program is based upon existing state laws, which are considered as Indiana's enforceable policies for the purposes of federal consistency. According to the Federal Consistency Policy Document, activities conducted under a general license approved by a federal agency are exempted from federal consistency reviews as they are believed unlikely to have more than a minimal potential for harm to a land or water resource within the LMCP area. The work conducted for this project will be permitted under Section 404 of the Clean Water Act by the USACE; therefore, it likely qualifies as exempted from federal consistency review by the IDNR based on the above criteria. (https://www.in.gov/dnr/lakemich/files/20070214-IR-312070085NRA.xml.pdf) The IDNR was sent early coordination on June 8, 2017 and re-coordinated with on November 8, 2018. In their first early coordination response letter dated July 10, 2017, the IDNR did not mention any concerns regarding the LMCP (Appendix C-23 to C-25). In their response to re-coordination dated November 13, 2018, the IDNR said that their previous recommendations still applied and had no additional comments (Appendix C-29).

Based upon the responses from the IDNR and presumed exempt status of this status of this project, it was determined that this project in unlikely to have any substantial harm to land or water resources within the LMCP area.

Presence Wetlands

Impacts Yes No

X

Total wetland area:

0

acre(s)

Total wetland area impacted:

X 0

acre(s)

(If a determination has not been made for non-isolated/isolated wetlands, fill in the total wetland area impacted above.)

Wetland No.

N/A

Classification

N/A

Total Size (Acres)

N/A

Wetlands (Mark all that apply) Wetland Determination Wetland Delineation

Impacted Acres

N/A

Comments

N/A

ES Approval Dates

Documentation X

N/A

USACE Isolated Waters Determination Mitigation Plan

This is page 11 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

Improvements that will not result in any wetland impacts are not practicable because such avoidance would result in (Mark all that apply and explain): Substantial adverse impacts to adjacent homes, business or other improved properties; Substantially increased project costs; Unique engineering, traffic, maintenance, or safety problems; Substantial adverse social, economic, or environmental impacts, or The project not meeting the identified needs.

Measures to avoid, minimize, and mitigate wetland impacts need to be discussed in the remarks box.

Remarks:

Based on the RFI (Appendix E-4), there are thirty mapped wetlands within the 0.5-mile radius of the project area. The closest mapped wetland is a freshwater forested wetland approximately 0.02-mile southwest of the project area. According to the NWI map (Appendix F-9), there is a closer mapped wetland directly adjacent to the project area on the east side of Otis Road. Due to the proximity of mapped wetlands to the project area, the area was investigated for wetlands by the consultant on May 25, 2017 and the results included in the June 22, 2017 Waters of the U.S. Report in Appendix F. Hydric soils, hydrology, and hydrophytic plants are indicators of the presence of wetlands. All three criteria must be met in order for a site to be considered a wetland under the guidelines of the 1987 USACE Wetlands Delineation Manual. According to the National Resources Conservation Service (NRCS) Soil Survey map (Appendix F-10 to F-12) the dominant soil type mapped in the project area is: SOIL MAP UNIT NAME

CONSIDERED HYDRIC PER NRCS HYDRIC SOILS LIST (http://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric/)?

Washtenaw silt loam

Yes – considered a hydric soil

According to the Waters of the U.S. Report, the project area was dominated by non-hydrophytic vegetation, such as pasture grasses, roadside plants and upland weeds and none of the sample points met any hydrophytic plant indicators. The sample points did not meet any conditions for wetland hydrology. Sample Point 3 was the only sample point to meet any hydric soil indicators, with a Depleted Matrix. Since none of the sample points met all three criteria for wetlands, it was concluded that there are no wetlands within the project area (Appendix F-5). It is likely that the project area has been altered enough by past railroad construction, roadway construction, and agricultural development that most wetland features of previously mapped wetlands have been lost.

The IDEM automated response to the Early Coordination letter dated June 8, 2017 (Appendix C-7 to C-13) stated that any work within a jurisdictional wetland will require a Section 404 and subsequent Section 401 permit application. In their early coordination response letter dated June 19, 2017, the USACE noted that the project would likely be permitted under their regional permit program but would depend on the amount of impacts to the waterway or any wetlands within the project site (Appendix C-14). The IDNR responded to early coordination on July 10, 2017 and recommended that IDEM and USACE be contacted in regard to Section 401 and 404 programs (Appendix C-23 to C-25). See Section I -Permits Checklist in this document for further discussion of required permits.

Therefore, it was concluded that this project will have no impacts on wetlands.

This is page 12 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Des. No.

Otis Road

Presence

X

Terrestrial Habitat Unique or High Quality Habitat

1401027

Impacts Yes No

X

Use the remarks box to identify each type of habitat and the acres impacted (i.e. forested, grassland, farmland, lawn, etc).

Remarks:

This project will involve the construction of a new bridge structure, which will require vegetation removal.

The project area consists of lawn/roadside vegetation, pasture, and trees. Grassy swales are adjacent to Otis Rd on the west side. The lawn/roadside and pasture vegetation are characterized by common lawn species such as white clover, common dandelion, orchard grass, purpletop tridens, common plantain, common yellow oxalis, and tall fescue. Lawn/roadside vegetation shows signs of frequent maintenance and mowing.

The dominant tree species are black walnut along the west side and some dead green ash trees line the east side of Otis Rd. The vegetation clearing is anticipated along both sides of Otis Rd, so that the road profile can be raised. Up to 0.65 acre (28,314 square feet) of trees total may be removed from either side of the road 450 feet north and 500 feet south of the culvert structure, but less tree removal is possible. All tree removal will occur within 100 feet of the existing edge-of-pavement. Approximately 0.20 acre (8,712 square feet) of upland herbaceous vegetation will be affected by the project activities.

There are no core forests within the project area; a core forest is defined in the 2013 Categorical Exclusion Manual as “a patch of forest that is located far enough away from disturbances to ensure that species within them remain relatively unaffected by the activities that occur outside the forest.� Since this project is along a previously disturbed roadway corridor, a former railroad corridor, and nearby residences, no impacts will occur to core forests.

In order to minimize impacts to terrestrial habitat for construction of the project, the recommendations given by the IDNR in their early coordination response, received on July 10, 2017, will be implemented (Appendix C-23 to C-25). These recommendations include preferred methods of bank stabilization, ways to minimize impacts to vegetation, proper erosion control measures, and measures for revegetation. The applicable recommendations have been included in the Environmental Commitments at the end of this CE document.

The USFWS requested in their July 6, 2017 early coordination response that any tree clearing be limited to the minimum necessary to construct the project due to the value of the nearby habitat for birds and other wildlife on the west side of Otis Rd (Appendix C-21 to C-22).

Replacing the structure by following the recommendations of the IDNR and the USFWS will minimize adverse impacts to terrestrial habitat. Refer to the Environmental Commitments section at the end of this document for all applicable recommendations concerning terrestrial habitat.

If there are high incidences of animal movements observed in the project area, or if bridges and other areas appear to be the sole corridor for animal movement, consideration of utilizing wildlife crossings should be taken.

This is page 13 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Des. No.

Otis Road

Karst Is the proposed project located within or adjacent to the potential Karst Area of Indiana?

Are karst features located within or adjacent to the footprint of the proposed project?

1401027

Yes

No

X X

If yes, will the project impact any of these karst features?

Use the remarks box to identify any karst features within the project area. (Karst investigation must comply with the Karst MOU, dated October 13, 1993) Remarks:

Based on a desktop review, site visit on May 25, 2017 by Green 3, LLC, the aerial map of the project area (Appendix B-3 and B-5), and the RFI (Appendix E), the proposed project is located outside the designated karst region of Indiana as outlined in the October 13, 1993 Memorandum of Understanding (MOU) between INDOT, IDEM, IDNR, and the USFWS. There no karst features identified within the project area. In the early coordination response, the Indiana Geological Survey (IGS) did not indicate that karst features exist in the project area (Appendix C-17) and stated that no unusual and/or problem features exist within the project limits. They also mentioned that no existing or potential mineral resources or active or abandoned mineral resource extractions sites are located nearby. Therefore, no impacts are expected.

Early coordination letters were also sent to INDOT, IDEM, IDNR, and the USFWS on June 8, 2017. In their responses, none of these agencies mentioned any concerns regarding karst features.

Presence

Threatened or Endangered Species Within the known range of any federal species Any critical habitat identified within project area Federal species found in project area (based upon informal consultation) State species found in project area (based upon consultation with IDNR) Yes X

Is Section 7 formal consultation required for this action?

Remarks:

X X

Impacts Yes No X X

No

Based on a desktop review and the RFI (Appendix E), completed by Green 3, LLC on April 11, 2017, the IDNR LaPorte County Endangered, Threatened and Rare (ETR) Species List has been checked and is included in Appendix E-10 to E-18. The highlighted species on the list reflect the federal and state identified ETR species located within the county. The IDNR, in their early response letter dated July 10, 2017, stated that no plant or animal species listed as state or federally threatened, endangered, or rare have been reported to occur in the project vicinity (Appendix C-23).

An official species list of all threatened and endangered species within the project area was obtained from the USFWS on August 27, 2018 (Appendix C-30 to C-36). This listed included the following species: piping plover (Charadrius melodus), Mitchell’s satyr butterfly (Neonympha mitchellii mitchellii), Indiana bat (Myotis sodalis), northern long-eared bat (Myotis septentrionalis), and eastern massasauga (Sistrurus catenatus). No critical habitats were identified within the project area. The interactive map on the USFWS website (https://www.fws.gov/midwest/Endangered/insects/rpbb/rpbbmap.html) shows that the project site is not within the high potential zone of the federally protected rusty patched bumble bee (Bombus affinis). Since the project area is not within in the high potential zone of the rusty patched bumble bee, consultation under section 7(a)(2) is not required for this species.

Indiana is within the range of the Indiana bat (Myotis sodalis) which is a federally-listed endangered species managed by the USFWS under the Endangered Species Act (ESA), and the northern long-eared bat

This is page 14 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

(NLEB) (Myotis septentrionalis) which is listed as federally-threatened under the ESA. This project followed the 2016 INDOT range-wide programmatic informal consultation process for the Indiana bat and northern long-eared bat (http://www.in.gov/indot/files/Bat_Informal_FHWA-USFWS_Package_050316.pdf). This process included obtaining an official species list from USFWS, referring to the USFWS Database for any reports on bats, aerial review of site conditions, and an on-site investigation for bats and suitable bat habitat on May 25, 2017 by Green 3, LLC. The USFWS database reviewed by INDOT staff and the early coordination response received from the USFWS on July 6, 2017, revealed that there was a report of a mist net capture of a NLEB in 2013 within 0.5 mile of the project area and the area was therefore considered suitable habitat for the species (Appendix C-21 to C-22). Since the project would remove documented NLEB roosting/foraging habitat, the project was not covered by the range-wide programmatic informal consultation and therefore required additional consultation with USFWS. The Project Submittal Form (Appendix C-37 to C-42) made a determination of “May Affect, Not Likely to Adversely Affect -with Avoidance and Minimization Measures (AMMs)” regarding the Indiana bat since it still falls within the informal determination because the project is staying within 100 feet from the edge of the roadway, there are no roosting or foraging records nearby, and the project will be implementing seasonal tree-clearing restrictions. A “May Affect, Likely to Adversely Affect” determination was made regarding the NLEB due to the presence of suitable habitat and nearby capture records. A determination of “No Effect” was made for all other non-bat species listed in the official species list, due to the lack of critical habitat. The Project Submittal form was reviewed by INDOT Environmental Services Division (ESD) and a final copy was forwarded to USFWS as part of the formal consultation process on February 18, 2019.

In addition to their early coordination response, the USFWS sent a letter on March 18, 2019 (C-43 to C-45) stating their concurrence with the Project Submittal form findings regarding both bat species, stating that project is not likely to adversely affect any of the species found on the official species list, and concluding that “the proposed project’s effects are consistent with those analyzed in the BO (Biological Opinion). The USFWS has determined that projects consistent with the conservation measures and scope of the program analyzed in the BO are not likely to jeopardize the continued existence of the Indiana bat or the NLEB.” This concurrence concluded the Endangered Species Act Section 7 responsibilities for this project, pending any new information, modification of the project, or new species listings.

The USFWS also anticipated “that the tree removal associated with the proposed project would cause incidental take of the northern long-eared bat. However, since the project was consistent with the BO, and such projects will not cause take on NLEB that is prohibited under the final 4(d) rule for this species (50 CFR §17.40(o)). Therefore, the take of NLEBs resulting from this project does not require exemption from the Service.” The USFWS also provided requirements regarding the reporting of dead or injured bats and safety precautions in handling such bats (Appendix C-43 and C-45). These and all recommendations of the USFWS are included in the Environmental Commitments of this CE document.

Based on the information from the USFWS and response from IDNR, it was concluded that impacts to critical habitats and threatened, endangered, or rare species other than the NLEB is not likely. This precludes the need for further consultation on this project as required under Section 7 of the Endangered Species Act, as amended. If new information on endangered species at the site becomes available, or if project plans are changed, USFWS will be contacted for consultation.

This is page 15 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Des. No.

Otis Road

1401027

SECTION B – OTHER RESOURCES Impacts Yes No

Presence Drinking Water Resources Wellhead Protection Area Public Water System(s) Residential Well(s) Source Water Protection Area(s) Sole Source Aquifer (SSA) If a SSA is present, answer the following:

X

X X

X X

Yes

Is the Project in the St. Joseph Aquifer System?

Is the FHWA/EPA SSA MOU Applicable?

Initial Groundwater Assessment Required?

Detailed Groundwater Assessment Required?

Remarks:

X

No

The Environmental Protection Agency’s Sole Source Aquifer website (https://www.epa.gov/dwssa) was accessed on October 3, 2017 by Green 3, LLC. The proposed project is located in LaPorte County; therefore, the project not located within the area of the St. Joseph Sole Source Aquifer, the only legally designated sole source aquifer in the state of Indiana. Therefore, the Federal Highway Administration/US Environmental Protection Agency Sole Source Aquifer Memorandum of Agreement (MOA) is not applicable to this project, and a detailed groundwater assessment is not required. No impacts are expected.

The IDEM Wellhead Proximity Determinator website (http://www.in.gov/idem/cleanwater/pages/wellhead//) was accessed on October 3, 2017. The required project location data was provided, and it was determined that this project is located within a Wellhead Protection Area (WHPA) and a Source Water Assessment Area (SWAA) for a Public Water System Supervision (PWSS) program surface water intake.

The identified Wellhead Assessment Area was in the Beechwood Mobile Home Park WHPA. The Beechwood Mobile Home Park was sent coordination on October 4, 2017 and re-sent coordination and called on October 9, 2018. The park was made aware of the coordination via phone call but never responded.

The identified SWAA was part of the Indiana American Water – Northwest PWSS. Indiana American Water – Northwest was sent coordination on October 4, 2017 and responded on October 10, 2017, stating that no impacts to water quality for the SWAA were anticipated (Appendix C-27).

The IDNR Water Well Record Database website (https://www.in.gov/dnr/water/3595.htm) was accessed on November 9, 2018 by Green 3, LLC. Two water wells were identified but were located over 0.10 miles from the construction limits. Due to the distance, no impacts are anticipated. It is the responsibility of the project sponsor to coordinate with the owners of these residential wells to avoid or minimize any impacts that may occur.

No public water lines were identified within the project area; therefore, no water supply lines will be adversely affected by the project.

Based on a desktop review of the INDOT Municipal Separate Storm Sewer Systems (MS4) website (https://entapps.indot.in.gov/MS4/) by Green 3, LLC on April 11, 2017, this project is not located in an Urban Area Boundary (UAB) location. This project also does not appear to be in a UAB according to the Red Flag Investigation report (Appendix E). No impacts are expected.

This is page 16 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Des. No.

Otis Road

1401027

Based upon the findings discussed above, impacts to drinking water resources are not anticipated.

Presence Flood Plains Longitudinal Encroachment Transverse Encroachment Project located within a regulated floodplain Homes located in floodplain within 1000’ up/downstream from project

Impacts Yes No

X X X

X X X

Discuss impacts according to classification system described in the “Procedural Manual for Preparing Environmental Studies”.

Remarks:

The project does encroach upon a regulatory floodplain as determined from the Federal Emergency Management Agency (FEMA) floodplain map (Appendix F-13). Therefore, it does fall within the guidelines for the implementation of 23 Code of Federal Regulations (CFR) 650, 23 CFR 771, and 44 CFR. This project is considered a transverse impacts to the floodplain. A coordination letter was sent to the local floodplain administrator on October 9, 2018. The local floodplain administrator responded on October 10, 2018, stating that they had no concerns (Appendix C-28). This project qualifies as a Category 4 project per the INDOT CE Manual because it involves the replacement of an existing drainage structure on essentially the same alignment.

No homes are located within the base floodplain within 1000 feet upstream and downstream of the project.

The proposed structure will have an effective capacity such that backwater surface elevations will not increase but will actually decrease as a result of the improved capacity of the new structure. As a result, there will be no substantial adverse impacts on natural and beneficial floodplain values; there will be no substantial change in flood risks; and there will be no substantial increase in potential for interruption or termination of emergency service or emergency evacuation routes; therefore, it has been determined that this encroachment is not substantial. A hydraulic design study that addresses various structure size alternates will be completed during the preliminary design phase. A summary of this study will be included with the Field Check Plans.

In their letter dated July 10, 2017, the IDNR stated that the project will require the formal approval under the regulatory programs administered by the IDNR Division of Water and require a Construction in a Floodway (CIF) permit (Appendix C-23), unless it qualifies for a rural bridge exemption. According to the INDOT Waterway Permitting Manual a project must meet the following criteria to qualify for a rural bridge exemption: be a county highway department funded project, be a bridge/small structure project, be located in a rural area located outside of any cities or towns, located outside of the two mile boundary of any corporate boundaries of a municipality, and not have any buildings located below the 100 year flood elevation impacted by the project, and crossing a stream that has an upstream drainage area of less than 50 square miles. East Arm Little Calumet River only has an upstream drainage area of 8.201 square miles. This county highway department funded small structure project is beyond 2 miles of the Michigan City corporate boundary, does not involve any impacts to any buildings, and is not within any city or towns; therefore, it is likely that this project qualifies for the rural bridge exemption and will not require a CIF permit.

This is page 17 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Des. No.

Otis Road

Presence Farmland Agricultural Lands Prime Farmland (per NRCS)

X X

Total Points (from Section VII of CPA-106/AD-1006*

1401027

Impacts Yes No X X

126

*If 160 or greater, see CE Manual for guidance.

See CE Manual for guidance to determine which NRCS form is appropriate for your project.

Remarks:

Early coordination information was sent to the NRCS on June 8, 2017. The NRCS responded on June 22, 2017, stating that the project will result in a conversion of prime farmland, with 0.7 acre of farmland within the project limits (Appendix C-15 to C-16).

As is required by the Farmland Protection Policy Act, the NRCS has been coordinated with, the Form NRCSCPA-106 has been completed, and the project received a score of 126. Since this project received a total point value of less than 160 points, this site will receive no further consideration for farmland protection. No other alternatives other than those already discussed in this document will be considered without reevaluation of the project’s potential impacts upon farmland. This project will not have a significant impact to farmland. Refer to Appendix C-16 for the completed Form NRCS-CPA-106.

SECTION C – CULTURAL RESOURCES Category

Minor Projects PA Clearance

Type

INDOT Approval Dates

N/A X

Eligible and/or Listed Resource Present

Results of Research Archaeology NRHP Buildings/Site(s) NRHP District(s) NRHP Bridge(s)

X

Project Effect No Historic Properties Affected

This is page 18 of 34

Project name:

No Adverse Effect

X

Adverse Effect

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

Documentation Prepared Documentation (mark all that apply) Historic Properties Short Report Historic Property Report Archaeological Records Check/ Review Archaeological Phase Ia Survey Report Archaeological Phase Ic Survey Report Archaeological Phase II Investigation Report Archaeological Phase III Data Recovery APE, Eligibility and Effect Determination 800.11 Documentation Memorandum of Agreement (MOA)

ES/FHWA Approval Date(s)

SHPO Approval Date(s)

X X X

ES/FHWA 3/31/2017 ES/FHWA 9/15/2017 ES/FHWA 9/15/2017

SHPO 5/4/2017 SHPO 10/23/2017 SHPO 10/23/2017

X X

ES/FHWA 9/13/2018 ES/FHWA 9/13/2018

SHPO 10/16/2018 SHPO 10/16/2018

MOA Signature Dates (List all signatories)

Describe all efforts to document cultural resources, including a detailed summary of the Section 106 process, using the categories outlined in the remarks box. The completion of the Section 106 process requires that a Legal Notice be published in local newspapers. Please indicate the publication date, name of paper(s) and the comment period deadline. Likewise include any further Section 106 work which must be completed at a later date, such as mitigation or deep trenching.

Remarks:

Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires that federal agencies identify and assess the effects of federal projects, programs, and actions on historic resources. This includes projects that are supported by federal funds. The Section 106 process was managed by Green 3, LLC, who is listed on the IDNR Department of Historic Preservation and Archaeology’s Roster of Qualified Professionals.

Area of Potential Effects (APE): According to 36 CFR 800.16(d), the APE is defined as “the geographic area or areas within which an undertaking may directly or indirectly cause alterations in character or use of historic properties, if any such properties exist. The APE is influenced by the scale and nature of an undertaking and may be different for different kinds of effects caused by the undertaking…”

The APE for this project was established based on the viewshed from the project alignment in all directions.

This includes the area of proposed construction as well as adjacent property within the viewshed that could be affected by the project. The APE was determined to be appropriate based on field observations of the existing conditions, viewshed, all areas where ground disturbance may occur and where auditory and visual impacts might be expected. Refer to Appendix D-16 for an aerial map of the APE. Coordination with Consulting Parties: On April 3, 2017, the following parties were sent early coordination letters, a copy of the draft historic property report, and invitations to become Consulting Parties (see Appendix D-36 to D-38): Indiana Landmarks, Northern Regional Office: No Response LaPorte County Historian: No Response LaPorte County Historical Society Museum: No Response Michigan City Historical Society: No Response Wanatah Historical Society: No Response Westville Community Historical Society: No Response

This is page 19 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

Museum at Forest Park: No Response Steven’s Museum, The John Hay Center, Depot Railroad Museum: No Response LaPorte County Commissioners: No Response LaPorte County Highway Department: No Response Eastern Shawnee Tribe of Oklahoma: No Response Forest County Potawatomi Community: No Response Miami Tribe of Oklahoma: Yes to becoming a Consulting Party on April 4, 2017 (Appendix D-42 to D-43) Peoria Tribe of Indians of Oklahoma: No Response Pokagon Band of Potawatomi Indians: No Response Mr. Brian and Kelli Kalvaitis (property owners of the railroad culvert): Yes to becoming a Consulting Party (Mr. and Mrs. Kalvaitis accepted on February 26, 2018 after being invited via the project update letter dated February 15, 2018) Note: the IDNR State Historic Preservation Officer (SHPO) is an automatic Consulting Party. Federal Highway Administration (FHWA) is included as a Consulting Party as the lead agency and INDOT Cultural Resources Office (CRO) is also included as the acting representative of the FHWA. On February 15, 2018, Green 3, LLC sent a project update letter via email to the consulting parties, inviting the property owners of the railroad culvert, the only historic property in the APE, to become consulting party members (Appendix D-48 to D-50). The letter included a project scope update and the proposed adverse effects upon the historic property, giving the consulting parties a chance to comment on these changes. On the same day, INDOT CRO sent a project update letter via email to the Miami Tribe of Oklahoma (Appendix D-51). In response, the property owner of the former railroad culvert called Green 3, LLC on February 26, 2018, accepting the invitation to be a consulting party. In their letter dated March 20, 2018 (Appendix D-52 to D-53), the SHPO agreed with the suggestion of using ground penetrating radar (GPR) to determine if the former railroad culvert’s stone wingwalls extend beneath the roadway. They noted that “it seems appropriate that the project may adversely affect the integrity of the stone culvert by the possible removal of stones at the eastern wingwalls, viewshed, and setting changes.” IN SHPO agreed with the suggested mitigation efforts, and also asked a question about the placement and purpose of the gabion baskets. No other consulting parties had comments on the project update letter dated February 15, 2018.

Under Section 4(f) of the Department of Transportation Act, alternatives to avoid impacts to a historic property must be explored. As a result, the designers developed a feasible and prudent alternative that minimized use of the historic property which was, therefore, chosen by the project sponsor, LaPorte County.

On July 2, 2018, Green 3, LLC sent a project update letter via email to all consulting parties who received the initial early coordination letter at the request of INDOT CRO because of the multiple changes to the scope of the project (Appendix D-54 to D-57). The letter included a project scope update, answers to the SHPO questions, and the proposed non-adverse effects upon the historic property, giving the consulting parties a chance to comment on these changes. On July 3, 2018, INDOT CRO sent a project update letter via email to the Miami Tribe of Oklahoma and to all other tribes on July 6, 2018 (Appendix D-60). In their letter dated August 6, 2018 (Appendix D-61), SHPO agreed with Green 3, LLC’s “assessment that the current scope of work does not appear to diminish or adversely affect historic resources, and GPR no longer appears necessary to locate submerged stone of the culvert.” No other consulting parties had comments on the project update letter dated July 2, 2018.

Archaeology: Weintraut and Associates prepared the Archaeological Literature Review and Phase 1a Reconnaissance (Arnold, September 2017), which was approved by INDOT CRO on September 15, 2017.

While one site was identified, it did not appear eligible for inclusion in the National Register of Historic Places (NRHP), resulting in no further work being recommended (Appendix D-28 to D-29).

The approved report was sent to the participating tribes and SHPO for review and concurrence on September

This is page 20 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

18th and 19th, 2017, respectively (Appendix D-45). SHPO concurred with the findings in the report in their letter dated October 23, 2017 stating “we have not identified any currently known archaeological resources listed in or eligible for inclusion in the National Register of Historic Places (NRHP) within the proposed project area, and we concur with the opinion of the archaeologist . . . that no further archaeological investigations appear necessary at this proposed project area.” SHPO also concurred with the opinion of the archaeologist that the site identified “does not appear eligible for inclusion in the NRHP.” (Appendix D-46 to D-47).

INDOT CRO in an email dated June 8, 2018, noted that the proposed additional right-of-way on the west side of Otis Road fell well within the area sampled for archaeological resources during the shovel probe survey of the area. Therefore, no additional archaeological nor above-ground work was required.

Historic Properties: Green 3, LLC prepared the Historic Properties Report (HPR) for this project (Wood, March 2017). One property was recommended eligible for inclusion in the NRHP: the RR Culvert, #091406-G3-1. INDOT CRO approved the HPR for distribution to SHPO and Consulting Parties on March 31, 2017. The HPR was forwarded to SHPO and Consulting Parties on April 3, 2017 (Appendix D-40 to D-41).

The SHPO concurred with the findings of the HPR in their letter dated May 4, 2017. In the letter, SHPO concurred with Green 3, LLC’s “assessment that the c. 1892 Louisville, New Albany, and Chicago Railroad double-box stone culvert” (railroad culvert) “appears to be the only property eligible for inclusion in the [NRHP].” (Appendix D-44).

On May 24, 2018, Green 3, LLC received the new alternative design for the small structure and re-evaluated the above-ground APE against the expanded project area. Green 3, LLC determined that the extant APE was sufficient because the expanded project area falls within the above-ground APE. INDOT CRO agreed with this determination on June 8, 2018. Therefore, no additional above-ground work was required.

Documentation, Findings: A Finding of “No Adverse Effect” for this project was approved by INDOT CRO for distribution to Consulting Parties and SHPO on September 13, 2018 (Appendix D-62 to D-63).

The 800.11 documentation was mailed to Consulting Parties, the Miami Tribe, and SHPO on September 14, 2018 (Appendix D-64). SHPO concurred with the “No Adverse Effect” finding in their letter dated October 16, 2018 (Appendix D-2). No other responses from Consulting Parties were received.

Public Involvement: A notice informing the public of the finding and opportunity to comment on the “No Adverse Effect” finding was published in the Herald-Argus (LaPorte County) on September 19, 2018. No comments were received during the public comment period, which was published in the public notice to end on October 18, 2018. Refer to Appendix D-3 to D-4 for the publisher’s affidavit and text of the public notice.

With SHPO’s concurrence of the “No Adverse Effect” finding on October 16, 2018 and the publication of the Finding in the Herald-Argus for a minimum 30-day public comment period, the Section 106 process has been completed and the responsibilities of the FHWA under Section 106 have been fulfilled (refer to Appendix D for complete Section 106 documentation).

This is page 21 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

SECTION D – SECTION 4(f) RESOURCES/ SECTION 6(f) RESOURCES Section 4(f) Involvement (mark all that apply)

Use

Presence

Parks & Other Recreational Land Publicly owned park Publicly owned recreation area Other (school, state/national forest, bikeway, etc.)

Yes

No

Evaluations Prepared FHWA Approval date

Programmatic Section 4(f)* “De minimis” Impact* Individual Section 4(f)

Use

Presence Wildlife & Waterfowl Refuges National Wildlife Refuge National Natural Landmark State Wildlife Area State Nature Preserve

Yes

No

Evaluations Prepared FHWA Approval date

Programmatic Section 4(f)* “De minimis” Impact* Individual Section 4(f) Presence Historic Properties Sites eligible and/or listed on the NRHP

X

Use Yes X

No

Evaluations Prepared FHWA Programmatic Section 4(f)* Approval date “De minimis” Impact* X Individual Section 4(f) *FHWA approval *FHWA approval of the environmental document also serves as approval of any Section 4f Programmatic and/or De minimis evaluation(s) discussed below.

Discuss Programmatic Section 4(f) and “de minimis” Section 4(f) impacts in the remarks box below. Individual Section 4(f) documentation must be separate Draft and Final documents. For further discussions on Programmatic, “de minimis” and Individual Section 4(f) evaluations please refer to the “Procedural Manual for the Preparation of Environmental Studies”.

Discuss proposed alternatives that satisfy the requirements of Section 4(f).

This is page 22 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County Remarks:

Route

LaPorte

Otis Road

Des. No.

1401027

Section 4(f) of the US Department of Transportation Act of 1966 prohibits the use of certain public and historic lands for federally funded transportation projects, and applies to significant publicly owned parks, recreation areas, and wildlife/waterfowl refuges, and National Register eligible or listed historic resources.

Section 4(f) of the U.S. Department of Transportation Act of 1966 defines uses of 4(f) resources in 23 CFR 774.17 as:   

Land that is permanently incorporated into a transportation facility The temporary occupancy of a 4(f) land that is adverse in terms of the Section 4(f) statute’s purpose to preserve and protect 4(f) resources Constructive uses of 4(f) resources; constructive use occurs when the proximity impacts of a project on an adjacent/nearby Section 4(f) resource, after incorporation of impact mitigation, are so severe that the activities, features, or attributes that qualify the property for protection under Section 4(f) are substantially impaired.

De minimis Use Determination Under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEALU) provisions and the March 12, 2008 regulations, the requirements of Section 4(f) of the US Department of Transportation Act would be considered satisfied if it is determined that a transportation project would have a de minimis impact on the Section 4(f) resource in question. A de minimis finding subsumes the requirements for all possible planning to minimize harm by reducing the impacts on the Section 4(f) properties to a de minimis level. Therefore, the following information describes the identified resource and minimal use of the resource.

Section 4(f) resources for which avoidance is not feasible and prudent and will, therefore, result in a use:  The double-box stone Railroad Culvert #091-406-G3-1, which is considered a National Register eligible 4(f) resource, is adjacent to the project area. According to the Section 106 Effect Finding, this railroad culvert was built in 1892, as part of the Louisville, New Albany, and Chicago Railroad and exhibits early bridge engineering design. The railroad culvert is eligible for inclusion in the National Register of Historic Places under Criterion A and Criterion C for its association with railroad expansion and engineering significance by exhibiting distinctive characteristics of a doublebox stone culvert (Appendix D-6).

Listing of De Minimis Impacts:  The preferred alternative will acquire approximately 0.345 acre of right-of-way from the legal property boundary of the Railroad Culvert #091-406-G3-1. This right-of-way is needed to meet the proper design criteria for the proposed bridge structure. The preferred alternative was deemed the most prudent and feasible option because it results in the least amount of 4(f) impacts and still meets the purpose and need of the project. This undertaking will convert property from the railroad culvert, a Section 4(f) property, to a transportation use. The project will not alter the historical elements of the Section (4) resource.

Mitigation Measures:  The SHPO, the OWJ, did not mention that any mitigation would be required; therefore, mitigation will not be required for this project, as impacts to the Section 4(f) resource were minimized to the greatest extent possible under the design criteria for the project.

The double-box stone Railroad Culvert #091-406-G3-1 is considered a National Register eligible 4(f) resource and is therefore afforded protection as a Section 4(f) resource. Approximately 0.345 acre of right-ofway from the Railroad Culvert property will be permanently converted to a transportation use. INDOT, CRO,

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acting on FHWA’s behalf has determined the appropriate Section 106 finding is “No Adverse Effect.” As such, a de minimis finding was determined to be appropriate and it was determined that no further analysis was required according to form 800.11 (Appendix D-6 to D-7). It should be noted that FHWA’s approval of this environmental document is also FHWA’s approval of the Section 4(f) de minimis finding. It should also be noted that the SHPO, the OWJ, did not mention that they concurred with the de minimis finding in their concurrence response, stating they concur with the “No Adverse Effect” finding (Appendix D-2).

Section 6(f) Involvement

Presence

Use Yes

No

Section 6(f) Property Discuss proposed alternatives that satisfy the requirements of Section 6(f). Discuss any Section 6(f) involvement.

Remarks: The US Land and Water Conservation Fund Act of 1965 established the Land and Water Conservation Fund

(LWCF), which was created to preserve, develop, and assure accessibility to outdoor recreation resources.

Section 6(f) of this Act prohibits conversion of lands purchased with LWCF monies to a non-recreation use.

A review of 6(f) properties in LaPorte County on the National Park Service website at http://wasolwcf.ncrc.nps.gov/public/index.cfm and at http://www.invw.org/data/lwcf/grants-in.html revealed a total of ten (10) properties; the closest property is Red Mill County Park approximately 1.48 miles southeast of the project (Appendix I-2).

Since the closest 6(f) property is well outside of the project area, there will be no impacts to 6(f) resources as a result of this project.

SECTION E – Air Quality

Air Quality Conformity Status of the Project Is the project in an air quality non-attainment or maintenance area?

If YES, then: Is the project in the most current MPO TIP? Is the project exempt from conformity?

If the project is NOT exempt from conformity, then: Is the project in the Transportation Plan (TP)?

Is a hot spot analysis required (CO/PM)?

Yes

No

X

Level of MSAT Analysis required?

Level 1a Remarks:

X

Level 1b

Level 2

Level 3

Level 4

Level 5

The project is listed in the FY 2018-2021 Indiana State Transportation Improvement Program (STIP; see Appendix H-2). The project area is within the Northwest Indiana Regional Planning Commission MPO and the TIP can be seen in Appendix H-3.

LaPorte County is in attainment for all criteria pollutants as regulated under the Clean Air Act (See IDEM’s County List of All Regulated Criteria Pollutants at http://www.in.gov/idem/airquality/files/nonattainment_county_list.pdf).

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This project is of a type qualifying as a categorical exclusion (Group 1) under 23 CFR 771.117 (c), or exempt under the Clean Air Act conformity rule under 40 CFR 93.126, and as such, a Mobile Source Air Toxics analysis is not required.

Pursuant to the February 16, 2018, decision from the U.S. Court of Appeals for the District of Columbian in South Coast Air Quality Mgmt. District v. EPA (“South Coast II,” 882 F.3d 1138), this project is located in an area that was identified as being a maintenance area for the 1997 ozone national ambient air quality standard (NAAQS) when that NAAQS was revoked. As a result, the Clean Air Act requires that federally funded or approved highway and transit activities are consistent with (“conform to”) the State Implementation Plan.

This project has been identified as being exempt from air quality analysis in accordance with 40 CFR Part 93.126 and this project is not a project of air quality concern (40 CFR Part 93.123). Therefore, the project will have no significant impact on air quality. This project is consistent with the South Coast II Decision.

SECTION F - NOISE Noise

Yes

Is a noise analysis required in accordance with FHWA regulations and INDOT’s traffic noise policy?

ES Review of Noise Analysis Remarks:

No X

No

X

Yes/ Date

This project is a Type III project. In accordance with 23 CFR 772 and the current Indiana Department of Transportation Traffic Noise Analysis Procedure, this action does not require a formal noise analysis.

SECTION G – COMMUNITY IMPACTS Regional, Community & Neighborhood Factors Will the proposed action comply with the local/regional development patterns for the area?

Will the proposed action result in substantial impacts to community cohesion?

Will the proposed action result in substantial impacts to local tax base or property values?

Will construction activities impact community events (festivals, fairs, etc.)?

Does the community have an approved transition plan?

If No, are steps being made to advance the community’s transition plan?

Does the project comply with the transition plan? (explain in the remarks box) Remarks:

Yes

No

X X X X X X

According to the NIRPC 2040 Comprehensive Regional Plan, the MPO’s goals include reducing flooding risks, upgrading water infrastructure, and reduce flooding of roadways. The LaPorte County Countywide Land Development Plan states that one of their development goals is to improve the county road system. This project is consistent with the goals of the LaPorte Countywide Land Development Plan and the NIRPC 2040 Comprehensive Regional Plan. The project will improve the safety of the roadway and reduce flooding in the

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project area by increasing the flow capacity of the structure.

This project will not substantially impact the tax base or property values. The project will require approximately 1.28 acres of permanent right-of-way from adjacent properties. The right-of-way acquisition will not cause any relocation of businesses or residences.

The website www.fairsandfestivals.net was reviewed to determine if any community events will take place within 10 miles of the project area. It was concluded that the project will not substantially impact community cohesion or adversely impact local community events.

LaPorte County does not have a formal Americans with Disabilities Act (ADA) transition plan, but according to their website, they have adopted the United States Access Board’s ADA Guidelines and Public Right of Way Accessibility Guidelines as of March 4, 2013. The county is committed to making all sidewalk and curb ramps areas accessible to all pedestrians including those with disabilities. This project does not involve the installation of any curb ramps or sidewalks and is not part of county’s ADA plan.

Indirect and Cumulative Impacts Will the proposed action result in substantial indirect or cumulative impacts?

Remarks:

Yes

No

X

According to 40 CFR 1508.7 cumulative impacts are those that “result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions…cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.”

Indirect effects are caused by the action and are later in time or farther removed, but are still reasonably foreseeable. These may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems. The terms “impact” and “effect” are used interchangeably, and include impacts to ecological, aesthetic, historic, cultural, economic, social, and/or health.

This structure replacement project will result in a positive indirect impact for the residents of LaPorte County by improving roadway safety and reducing flooding of nearby properties. This project will not result in induced changes in the pattern of land use, the population density, or the growth rate of the area. The project will not result in indirect effects on air, water, or natural systems (direct effects on air, water, and natural systems have been discussed in previous sections of this document). This project will not result in incremental impacts to the environment nor will it result in cumulative impacts from collectively significant actions taking place over a period of time. In conclusion, this project will not result in indirect or cumulative impacts.

Public Facilities & Services Will the proposed action result in substantial impacts on health and educational facilities, public and private utilities, emergency services, religious institutions, airports, public transportation or pedestrian and bicycle facilities? Discuss how the maintenance of traffic will affect public facilities and services.

Remarks:

Yes

No

X

This project will involve the replacement of the existing culvert structure with a new bridge and will require a full road closure. The proposed detour will utilize Otis Road, CR 100 N, US 421, and Snyder Road. During construction, the additional length of travel for local traffic will be approximately 4.3 miles for, and the additional travel time will be approximately 7 minutes. The project will not permanently affect motorized vehicular traffic patterns but will improve the safety of the road by eliminating the flooding over the roadway and problems of scour, erosion, and wash-outs during heavy rain events.

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Overhead electric and telephone lines are present along the east side of Otis Road and are located within 10 ft of the existing edge of pavement. A copper telephone line is buried along the east side of Otis Road and a gas line is present under the east travel lane. It is likely that these utilities will require relocation and coordination is ongoing with the utility companies and will continue throughout the design and construction process.

Through coordination with the utility companies impacts to existing utilities should be minimized (see Environmental Commitments section).

According to the RFI, no schools are located within a 0.5-mile radius of the project area, but coordination should occur with the Michigan City Area School District prior to construction to ensure that impacts to bus routes from the detour are minimal (See Environmental Commitments section). Impacts to emergency services will be temporary during construction and be minimized through use of a detour. It is the responsibility of the project sponsor to notify school corporations and emergency services at least two weeks prior to any construction that would block or limit access.

According to the RFI, no religious facilities are located within a 0.5-mile radius of the project area. The closest religious facilities, St. Paul’s Lutheran Church and St. Mary’s Catholic Church, are located along Snyder Rd, approximately 0.80 mile south of the project. Impacts to traffic for these facilities will be temporary and minimal.

According to the RFI, no airports are located within a 0.5-mile radius of the project area. Coordination with INDOT Office of Aviation was contacted, since no public use airports were within 20,000 feet of the project area and the project will not involve the use of any objects above 200 feet. No impacts will occur to any airports.

Because measures will be in place to minimize impacts, it was concluded that this project will not result in substantial adverse impacts to public utilities, facilities, and services.

Environmental Justice (EJ) (Presidential EO 12898) During the development of the project were EJ issues identified?

Does the project require an EJ analysis?

If YES, then: Are any EJ populations located within the project area?

Will the project result in adversely high or disproportionate impacts to EJ populations?

Remarks:

Yes

No

X X X X

Under FHWA Order 6640.23A, FHWA and LaPorte County, as a recipient of funding from FHWA, are responsible to ensure that their programs, policies, and activities do not have a disproportionately high and adverse effect on minority or low-income populations. Per the current INDOT Categorical Exclusion Manual, an Environmental Justice (EJ) Analysis is required for any project that has two or more relocations or 0.5 acre of additional permanent right-of-way. The project will require approximately 1.28 acre of permanent right-of-way acquisition. Therefore, an EJ Analysis is required.

Potential EJ impacts are detected by locating minority and low-income populations relative to a reference population to determine if populations of EJ concern exists and whether there could be disproportionately high and adverse impacts to them. The reference population may be a county, city or town and is called the community of comparison (COC). In this project, the COC is LaPorte County. The community that overlaps the project limits is called the affected community (AC). In this project, the AC is LaPorte County Census Tract 415. An AC has a population of concern for EJ if the population is more than 50% minority or lowincome or if the low-income or minority population is 125% of the COC. Data from the 2012-2016 American Community Survey 5-Year Estimates was obtained from the US Census Bureau Website https://factfinder.census.gov/ on November 6, 2018 by Green 3, LLC. The data collected for minority and

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low-income populations within the AC are summarized in the below table.

This table summarizes the findings of the EJ analysis (Appendix I-4): COC: LaPorte County AC 1: LaPorte County Tract 415 125% of low income & minority populations of the COC Population of EJ Concern?

Percent Low-Income 17.3 4.1 21.6

Percent Non-White/Minority 19.8 6.0 24.8

No

No

AC-1, Census Tract 415 has a percent minority of 6.0% which is below 50% and is below the 125% COC threshold. AC-1, Census Tract 415 has a percent low income of 4.1% which is below 50% and is below the 125% COC threshold. Therefore, the AC does not contain minority populations or low income populations of EJ concern.

The census data sheets, map, and calculations can be found in Appendix I-3 to I-9. No further environmental justice analysis is warranted.

Relocation of People, Businesses or Farms Will the proposed action result in the relocation of people, businesses or farms?

Is a Business Information Survey (BIS) required?

Is a Conceptual Stage Relocation Study (CSRS) required?

Has utility relocation coordination been initiated for this project?

Number of relocations:

Residences:

0

Businesses:

0

Farms:

Yes

No

X X X X 0

Other:

0

If a BIS or CSRS is required, discuss the results in the remarks box.

Remarks:

This project will not result in the relocations of residences, businesses, or farms. Nearby power, cable, gas and phone lines will likely need relocation. Utility coordination by project consultants is currently ongoing to minimize impacts (see Environmental Commitments at the end of this document).

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SECTION H – HAZARDOUS MATERIALS & REGULATED SUBSTANCES

Hazardous Materials & Regulated Substances (Mark all that apply) Red Flag Investigation Phase I Environmental Site Assessment (Phase I ESA) Phase II Environmental Site Assessment (Phase II ESA) Design/Specifications for Remediation required?

No ES Review of Investigations

Documentation

X

Yes/ Date 7/18/17, Addendum: 9/17/18

Include a summary of findings for each investigation.

Remarks:

An RFI report was prepared by the consultant and concurred by INDOT Site Assessment and Management on July 18, 2017 (Appendix E). No Hazardous Materials were identified within the 0.5-mile search radius of the project area investigated while conducting the RFI. An addendum to this report was approved by INDOT on September 17, 2018 that identified no additional hazmat concerns or recommendations. No impacts to hazardous materials are expected from this project.

According to the RFI Addendum, seven impaired stream segments are located within the 0.5-mile search radius of the project area. The East Arm Little Calumet River is located within the project area and is listed as impaired for Dissolved Oxygen, E. coli, and Impaired Biotic Communities. Due to the presence of Impaired Biotic Communities, coordination occurred with IDEM during early coordination. IDEM responded to early coordination on June 8, 2017 and gave no recommendation regarding Impaired Biotic Communities.

Workers who are working in or near water with E. coli should take care to wear appropriate Personal Protective Equipment (PPE), observe proper hygiene procedures, including regular hand washing, and limit personal exposure.

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SECTION I – PERMITS CHECKLIST Permits (mark all that apply)

Likely Required

Army Corps of Engineers (404/Section10 Permit) Individual Permit (IP) Nationwide Permit (NWP) Regional General Permit (RGP) Pre-Construction Notification (PCN) Other Wetland Mitigation required Stream Mitigation required

IDEM

Section 401 WQC Isolated Wetlands determination Rule 5 Other Wetland Mitigation required Stream Mitigation required

X

X

X

IDNR

Construction in a Floodway Navigable Waterway Permit Lake Preservation Permit Other Mitigation Required US Coast Guard Section 9 Bridge Permit Others (Please discuss in the remarks box below)

Remarks:

X

An IDEM Rule 5 permit will likely be required as land disturbance is planned to exceed one acre of land.

Due to the work within the East Arm Little Calumet River, an USACE Section 404 permit and IDEM Section 401 water quality certification will likely be required. In their letter dated July 10, 2017, the IDNR stated that the project will require the formal approval under the regulatory programs administered by the IDNR Division of Water (Appendix C-23), unless it qualifies for a bridge exemption. The agency asked to include their response with a permit application if a Construction in a Floodway (CIF) permit is required. It is likely that a CIF permit will be required. No other permits are anticipated at this time. It will be the responsibility of the project sponsor or designer on behalf of the project sponsor to obtain the necessary permits.

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SECTION J- ENVIRONMENTAL COMMITMENTS The following information should be provided below: List all commitments, name of agency/organization requesting the commitment(s), and indicating which are firm and which are for further consideration. The commitments should be numbered.

Remarks:

Firm: 1. If the scope of work or permanent or temporary right-of-way amounts change, INDOT ESD and the INDOT District Environmental Section will be contacted immediately. (INDOT ESD) 2. If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 USC 470, et seq.; 36 CFR 800.11, et al.) and State Law (IC 14-21-1) require that work must stop immediately within 100 feet of the discovery and that the discovery must be reported to the Division of Historic Preservation and Archaeology in the Indiana Department of Natural Resources within two (2) business days. (INDOT ESD) 3. If a spill occurs or contaminated soils or water are encountered during construction, appropriate PPE should be used. Contaminated materials will need to be properly handled by trained personnel and disposed in accordance with current regulations. IDEM should be notified through the spill line at (888) 233-7745 within 24 hours of discovery of a release from a UST system and within two (2) hours of discovery of a spill. (INDOT) 4. General AMM1: Ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all Transportation Agency environmental commitments, including all applicable AMMs. (USFWS) 5. Tree Removal AMM 1: Modify all phases/aspects of the project to the extent practicable to avoid tree removal in excess of what is required to implement the project safely. (USFWS) 6. Tree Removal AMM 2: Apply time of year restrictions for tree removal when bats are not likely to be present (no removal from April 1 through September 30). (USFWS) 7. Tree Removal AMM 3: Ensure tree removal is limited to that specified in project plans. Install bright colored flagging/fencing prior to any tree clearing to ensure contractors stay within clearing limits. Ensure that contractors understand clearing limits and how they are marked in the field. (USFWS) 8. Tree Removal AMM 4: Do not cut down documented NLEB roosts or trees within 0.25 miles of roosts, or documented foraging habitat at any time of year. (USFWS) 9. Tree Removal AMM 7: Avoid removing documented NLEB maternity roosts and trees within 150 feet of those roosts from June 1-July 31. (USFWS) 10. A “Re-initiation Notice� is required if: more than 0.65 acre of trees are to be cleared; the amount or extent of incidental take of Indiana bat is exceeded; new information about listed species is encountered; new species is listed or critical habitat designated that the project may affect; the project is modified in a manner that causes an effect to the listed species; or, new information reveals that the project may affect listed species or critical habitat in a manner not considered in the BO or the project information. (USFWS) 11. The FHWA, its State/Local cooperators, and any contractors must take care when handling dead or injured Indiana bats and NLEBs, or any other federally listed species that are found at the Project site in order to preserve biological material in the best possible condition and to protect the handler from exposure to diseases, such as rabies. Project personnel are responsible for ensuring that any evidence about determining the cause of death or injury is not unnecessarily disturbed. Reporting the discovery of dead or injured listed species is required in all cases to enable the Service to determine whether the level of incidental take exempted by the BO is exceeded, and to ensure that the terms and conditions are appropriate and effective. Parties finding a dead, injured, or sick specimen of any endangered or threatened species must promptly notify the USFWS Bloomington Field Office. (USFWS) 12. It is the responsibility of the project sponsor to notify emergency services at least two weeks prior to any construction that would block or limit access. (INDOT ESD) 13. Coordination will occur with Michigan City Area School District through the superintendent Dr.

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Barbara Eason-Watkins (219-873-2000 ext. 8361) and Director of Transportation, Susan Harrison (219873-2127 ext. 8607). It is the responsibility of the project sponsor to notify school corporations at least two weeks prior to any construction that would block or limit access. (INDOT ESD).

14. Due to the presence of E. coli, workers who are working in or near East Arm Little Calumet River should take care to wear appropriate Personal Protection Equipment, observe proper hygiene procedures, including regular hand washing, and limit personal exposure. (INDOT ESD).

15. Do not work in salmonid waterways (East Arm Little Calumet River) from March 15 through June 15 and from July 15 through November 30 without the prior written approval of the DNR Division of Fish and Wildlife. (IDNR) 16. The use of cutback asphalt, or asphalt emulsion containing more than seven percent (7%) oil distillate, is prohibited during the months of April and October. (IDEM) 17. The INDOT PM will determine if an administrative amendment is required for the project cost in the TIP and STIP prior to letting. (INDOT ESD) 18. Per 36 CFR 800.5(a)(2), do not remove, damage, alter the Section 4(f) railroad culvert. The undertaking will not remove any part of the railroad culvert. The buried stone wingwalls will be hand excavated and will have sheet piling placed in front of them for protection. (INDOT CRO)

For Further Consideration: 19. Replacement structure should facilitate fish passage, including non-jumping species and benthic species. (NIRPC) 20. Trees/shrubs that are removed during construction should be replaced with appropriate native species to at a minimum maintain existing canopy cover. (NIRPC) 21. Floodplain connectivity and channel stability upstream of structure should be maintained. (NIRPC) 22. Revegetate all bare and disturbed areas with a mixture of grasses (excluding all varieties of tall fescue) and legumes as soon as possible upon completion; low endophyte tall fescue may be used in the ditch bottom and side slopes only. (IDNR) 23. Minimize and contain within the project limits inchannel disturbance and the clearing of trees and brush. (IDNR) 24. Do not work in the waterway from March 15 through June 15 and July 15 through November 30 without the prior written approval of the Division of Fish and Wildlife. (IDNR) 25. Do not excavate in the low flow area expect for the placement of piers, foundations, and riprap, or removal of the old structure. (IDNR) 26. Use minimum average 6 inch graded riprap stone extended below the normal water level to provide habitat for aquatic organisms in the voids. (IDNR) 27. Do not use broken concrete as riprap. (IDNR) 28. Underlay the riprap with a bedding layer of well graded aggregate or a geotextile to prevent piping of soil underneath the riprap. (IDNR) 29. Minimize the movement of resuspended bottom sediment from the immediate project area. (IDNR) 30. Do no deposit or allow demolition/construction materials or debris to fall or otherwise enter the waterway. (IDNR) 31.Appropriately designed measures for controlling erosion and sediment must be implemented to prevent sediment from entering the stream or leaving the construction site; maintain these measures until construction is complete and all disturbed areas are stabilized. (IDNR) 32. Seed and protect disturbed stream banks that are 3:1 or steeper with heavy-duty net-free biodegradable erosion control blankets to minimize the entrapment and snaring of small wildlife such as snakes and turtles (follow manufacturer’s recommendation for installation); seed and apply mulch on all other disturbed areas. (IDNR) 33. Plant five trees, at least 2 inches DBH, for each tree which is removed that is ten inches or greater in DBH. (IDNR) 34. Do not create conditions that are less favorable for wildlife passage under the structure compared to current conditions. This includes maintaining land under the bridge unarmored with riprap to allow for

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wildlife passage. (IDNR) 35. IDNR recommends the following for stream crossings:  Use bridges rather than culvert and bottomless culverts rather than box or pipe culverts.  Wide and shorter length culverts are preferred.  Crossings should: span the entire channel width, maintain the natural stream substrate within the structure, have a minimum openness ratio of 0.25, and have stream depth and water velocities during low-flow conditions that are approximate to those in the natural stream channel.  Natural streambed material should be backfilled where possible.  The culvert gradient should not be too great where flows scour out material from the culvert 36. IDNR recommends soft armoring and bioengineering techniques in bank stabilization and erosion control, in addition to vegetation when applicable.

37. IDNR recommends a mitigation plan be developed (and submitted with the permit application if required) if habitat impacts will occur. (IDNR) 38. If possible, the project design should avoid inclusion of a temporary causeway or runaround. If a causeway is deemed critical for the construction to occur, please submit a justification for the necessity of the causeway with any permit application. Impacts related to causeways can be reduced by creating a partial causeway that does not span the entire channel, leaving one side or the middle of the channel open and flowing at all times. If a full causeway is necessary, impacts can be reduced by minimizing the amount of time it is in place, reducing the temporary width, using more and larger culvert pipes, placing filter fabric under the aggregate fill to reduce impacts during the removal of the causeway, using larger size aggregate, and removing sections of the causeway as portions of the bridge are completed. Do not use fines or soil in the temporary causeway. (IDNR) 39. The physical disturbance of the stream and riparian vegetation, especially large trees overhanging any affected water bodies should be limited to only that which is absolutely necessary to complete the project.

(IDEM) 40. IDEM recommends that appropriate structures and techniques be utilized both during the construction phase, and after completion of the project, to minimize the impacts associated with storm water runoff.

(IDEM) 41. Reasonable precautions must be taken to minimize fugitive dust emissions from construction and demolition activities. Dirt tracked onto paved roads from unpaved areas should be minimized. (IDEM) 42. Install silt fence or other erosion control measures around the perimeter of any wetlands, and/or other waterbodies to remain undisturbed at the project site. (IDEM) 43. Stabilize all disturbed areas upon completion of land disturbing activities (IDEM) 44. Sediment-laden water which otherwise would flow from the project site shall be treated by erosion and sediment control measures appropriate to minimize sedimentation (IDEM).

45. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable statutes and regulations. (IDEM) 46. A stable construction site access shall be provided at all points of construction traffic ingress and egress to the project site. (IDEM) 47. Public or private roadways shall be kept cleared of accumulated sediment that is a result of run-off or tracking. (IDEM) 48. Restrict below-water work to placement of piers, pilings, and/or footings, shaping of the spill slopes and around the bridge abutments, and placement of riprap. (USFWS) 49. Post DO NOT DISTURB signs at the construction zone boundaries and do not clear trees or understory vegetation outside of the construction zone boundaries. (USFWS) 50. Avoid all work within the inundated part of the stream channel during the fish spawning season (April 1 through June 30), except for work within sealed structures such as caissons or cofferdams that were installed prior to the spawning season (as applicable). (USFWS)

This is page 33 of 34

Project name:

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

Indiana Department of Transportation County

Route

LaPorte

Otis Road

Des. No.

1401027

SECTION K- EARLY COORDINATION Please list the date coordination was sent and all agencies that were contacted as a part of the development of this Environmental Study. Also, include the date of their response or indicate that no response was received. INDOT and FHWA are automatically considered early coordination participants and should only be listed if a response is received.

Remarks:

Early Coordination packets were sent to regulatory agencies and local government offices on June 8, 2017 (unless otherwise noted). Responses received from agencies are listed below.

Agency IDNR, Division of Fish and Wildlife IDEM Automated Response (Online) USFWS Regional Office HUD USACE NIRPC (MPO) NRCS IGS (Online) LaPorte County Surveyor IDEM Groundwater Section (sent on 10/2/17) Local Floodplain Admin (Sent on 10/9/18)

This is page 34 of 34

Project name:

Early Coordination Response Dates 7/10/2017 N/A 7/6/17 No response 6/19/17 7/5/17 6/26/17 7/5/17 No response 10/3/17 10/10/18

Otis Rd over East Arm Little Calumet River Small Structure Project Form Version: June 2013

Attachment 2

Date:

April 18, 2019

TABLE OF CONTENTS

Page

Appendix A- INDOT Supporting Documentation CE Level Threshold Chart

A1 A2

Appendix B – Graphics State/County Location Map Project Location Map USGS Topographic Map Site Photographs and Map Preliminary Plans

B1 B2 B3 B4 B5-B9 B10-B15

Appendix C – Early Coordination Sample Notice of Entry Letter Early Coordination Mailing List Review Agency Letter and Project Description Agency Responses USFWS Official Species List USFWS Bat Project Submittal Form USFWS Submittal Form Response Letter

C1 C2 C3 C4-C6 C7-C29 C30-C36 C37-C42 C43-C45

Appendix D – Section 106 of the NHPA and Section 4(f) of the U.S. Transportation Act of 1966 SHPO Concurrence Letter Public Notice & Publisher’s Affidavit 800.11 Documentation Archaeological Report Summary Historic Property Report Summary Consulting Party List, Letter, and Responses

D1 D2 D3-D4 D5-D27 D28-D29 D30-D34 D35-D64

Appendix E – Red Flag Investigation RFI Addendum and RFI Supporting Map Threatened & Endangered Species list for LaPorte County

E1 E2-E7 E8-E9 E10-E18

Appendix F – Water Resources Waters of the U.S. Report

F1 F2-F32

Appendix G – Public Involvement

G1

Appendix H – Air Quality Indiana STIP FY 2018-2021 Regional TIP

H1 H2 H3

Appendix I – Additional Studies and Information LWCF Grants for LaPorte County EJ Analysis

I1 I2 I3-I9

APPENDIX A – THRESHOLD CHART

A-1

Categorical Exclusion Level Thresholds

Section 106

Stream Impacts Wetland Impacts

Right-of-way

3

Relocations Threatened/Endangered Species (Species Specific Programmatic for Indiana bat & northern long eared bat) Threatened/Endangered Species (Any other species)

Environmental Justice

Sole Source Aquifer Floodplain Coastal Zone Consistency National Wild and Scenic River New Alignment Section 4(f) Impacts Section 6(f) Impacts Added Through Lane Permanent Traffic Alteration Coast Guard Permit Noise Analysis Required Air Quality Analysis Required Approval Level • District Env. Supervisor • Env. Services Division • FHWA

PCE

Level 1

Level 2

Level 3

Level 41

Falls within guidelines of Minor Projects PA

“No Historic Properties Affected”

“No Adverse Effect”

-

No construction in waterways or water bodies No adverse impacts to wetlands Property acquisition for preservation only or none None “No Effect”, “Not likely to Adversely Affect" (Without AMMs4 or with AMMs required for all projects5) Falls within guidelines of USFWS 2013 Interim Policy No disproportionately high and adverse impacts Detailed Assessment Not Required No Substantial Impacts Consistent Not Present

< 300 linear feet of stream impacts < 0.1 acre

≥ 300 linear feet of stream impacts -

-

“Adverse Effect” Or Historic Bridge involvement2 Individual 404 Permit

< 1 acre

≥ 1 acre

< 0.5 acre

≥ 0.5 acre

-

-

“Not likely to Adversely Affect" (With any other AMMs)

-

<5 “Likely to Adversely Affect”

≥5 Project does not fall under Species Specific Programmatic

“No Effect”, “"Not likely to Adversely Affect" -

-

-

“Likely to Adversely Affect”

-

-

Potential6

-

-

-

Detailed Assessment

-

-

-

-

-

-

Substantial Impacts Not Consistent Present

-

-

-

Any Any Any Any Any Any Yes Yes7

Yes

Yes

Yes Yes

Yes Yes Yes

None None None None None None No No Concurrence by INDOT District Environmental or Environmental Services

Coordinate with INDOT Environmental Services. INDOT will then coordinate with the appropriate FHWA Environmental Specialist.

Any involvement with a bridge processed under the Historic Bridge Programmatic Agreement.

3 Permanent and/or temporary right-of-way.

4 AMMs = Avoidance and Mitigation Measures.

5 AMMs determined by the IPAC decision key to be needed that are listed in the USFWS User’s Guide for the Range-wide Programmatic Consultation for Indiana bat and Northern long-eared bat as “required for all projects”.

6 Potential for causing a disproportionately high and adverse impact.

7 Hot Spot Analysis and/or MSAT Quantitative Emission Analysis. *Substantial public or agency controversy may require a higher-level NEPA document.

1 2

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APPENDIX B â&#x20AC;&#x201C; GRAPHICS

B-1

Project Location Map Otis Rd. over East Arm Little Calumet River Small Structure Project Des. No. 1401027 LaPorte County, Indiana Source: Indiana Geological Survey

Project Location

/ 0

1.5

3

Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, and the GIS User Community

6 Miles

County Boundary Project County

2/7/2019 B-2

Otis Rd. over East Arm Little Calumet River LaPorte County, IN - Des. 1401027

Otis Rd.

NTS

Indiana Department of Transportation (INDOT), U.S. Census Bureau (USCB), Indiana Geographic Information Council (IGIC), UITS, Indiana Spatial Data Portal

W 50 N

Approx. Project Area

East Arm Little Calumet River

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Otis Rd. over East Arm Little Calumet River LaPorte County, IN - Des 1401027 Coolspring Township - USGS Topographic Map

March 21, 2017 Project Location

1:16,000 0

0.125

0.25

0.5 mi

0

0.2

0.4

0.8 km

United States Geological Survey (USGS) Indiana Geographic Information Council (IGIC), UITS, Indiana Spatial Data Portal

B-4

Otis Rd over East Arm Little Calumet River LaPorte County, IN - Des 1401027 Photograph Locations 8

7

2 1 4,5 3

6

Otis Road

East Arm Little Calumet River

1:1,000

Stream Former Railroad

#

Photograph Locations

0

0.0075

0

0.0125

0.015 0.025

0.03 mi 0.05 km

Indiana Spatial Data Portal, UITS, ESRI

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Otis Rd over East Arm Little Calumet River LaPorte County – Des 1401027 Site Photos – 5/25/17

Photo 1. Facing south along Otis Rd. from above the existing stream crossing.

Photo 2. Facing north along Otis Rd. from above the existing stream crossing.

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Otis Rd over East Arm Little Calumet River LaPorte County – Des 1401027 Site Photos – 5/25/17

Photo 3. Facing east from Otis Rd. along East Arm Little Calumet River.

Photo 4. Facing west from Otis Rd. towards former railroad bridge over stream.

B-7

Otis Rd over East Arm Little Calumet River LaPorte County – Des 1401027 Site Photos – 5/25/17

Photo 5. View of stream flowing under the former railroad bridge from Otis Rd.

Photo 6. Facing northwest toward culvert opening and East Arm Little Calumet River.

B-8

Otis Rd over East Arm Little Calumet River LaPorte County – Des 1401027 Site Photos – 5/25/17

Photo 7. Facing north along the raised, former railbed, adjacent to Otis Rd.

Photo 8. Facing south along Otis Rd. toward the project area.

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3FWFUNFOU 3JQSBQ GU UIJDL

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3FWFUNFOU 3JQSBQ GU UIJDL

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0.38 Acre

0.04 Acre

0.04 Acre

Proposed Right-of-Way Acquisition Limits (typ.)

Trees in southeast and northeast quadrant to be cleared. They are located along the toe of slopes and next to agriculture grass pastures for livestock.

LEGEND - Former Railroad (top where rails used to be) - Tree - Woods (to be cleared within proposed R/W limits)

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APPENDIX C â&#x20AC;&#x201C; EARLY COORDINATION

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SAMPLE NOTICE OF ENTRY LETTER November 12, 2015 RE:

Bridge Replacement La Porte County Bridge #1115 Otis Road Over E Fork Little Calumet River

TO:

Dear Property Owner: Our firm was recently selected by the La Porte County Board of Commissioners to complete a route survey for the above referenced project. We would like to inform you, through this letter, that field crews will be in your area, to conduct survey work as part of this project.

Our information shows that you own or occupy property near this proposed project. It may be necessary for the survey crews to come onto your property to complete this work, which is allowed by law by Indiana Code IC 25‐21.5‐9‐7 and IC 25‐21.5‐9‐8. After work is completed, any equipment will be removed from your property and the land restored to its previous condition. The survey crews will show you their identification, if you request, before coming onto your property.

If you have sold this property, or someone else occupies it, please let us know the name and address of the new owner or current occupant so we can contact them about this survey. The survey work will include mapping the location of features such as buildings, trees, fences, driveways, and obtaining ground elevations. This work is necessary for the proper planning and design of this project.

At this stage, we generally do not know what effect, if any, our project may eventually have on your property. If we determine later that your property is involved, we will contact you with additional information.

Please be assured of our sincere desire to cause you as little inconvenience as possible during this survey. If any problems do occur, please contact our office at 317‐544‐4996, or you can email or write to me at the address below. Thank you, in advance, for your cooperation.

Sincerely, USI Consultants, Inc.

Mark A. Schepers, PLS Land Surveying Services Manager Email: mschepers@usiconsultants.com

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Otis Road over East Arm Little Calumet River Small Structure Replacement DES 1401027, LaPorte County Early Coordination Notice sent to the Following Agencies: Christie Stanifer Environmental Coordinator IDNR, Div. of Fish & Wildlife 402 W. Washington St. Rm W-273 Indianapolis, IN 46204-2641 Email: environmentalreview@dnr.in.gov

Federal Highway Administration LaPorte District Email: joyce.newland@dot.gov

Jane Hardisty State Conservationist NRCS 6013 Lakeside Boulevard Indianapolis, IN 46278 Email: Daniel Phillips, daniel.phillips@in.usda.gov

INDOT Public Hearings rclark@indot.in.gov

INDOT Environmental Policy Manager Central Office â&#x20AC;&#x201C; Ron Bales Email: rbales@indot.in.gov

Local Floodplain Administrator Annemarie Polan apolan@laportecounty.org

USACE Chicago District Office chicagorequests@usace.army.mil

IDEM Groundwater Section Jsulliva@idem.in.gov

Field Supervisor U.S. Fish and Wildlife Service Northern IN Office Email: Elizabeth McCloskey Elizabeth_mccloskey@fws.gov IDEM On-Line Submission http://www.in.gov/idem/enviroreview/hwy_earlyenvir oreview.html US Dept. of HUD Attention: Steve Vahl Region 5 Environmental Officer Email: steve.vahl@hud.gov Nancy Hasenmueller Indiana Geological Survey Email (Individual Packet) to: IGSenvir@indiana.edu LaPorte County Surveyor Email: ckeil@laportecounty.org Northwestern Indiana Regional Planning Commission Executive Director â&#x20AC;&#x201C; Ty Warner twarner@nirpc.org

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Sent: June 8, 2017

Dear Environmental Reviewer, The Otis Road over East Arm Little Calumet River Small Structure Replacement project (Structure #1115, Des. No. 1401027) is located in Coolspring Township, LaPorte County, Indiana. The small structure is a culvert that carries the East Arm Little Calumet River under Otis Road, approximately 0.66 mile south of West CR 100 North. The project is located in Section 32, Township 37N, Range 4W. LaPorte County, the project sponsor, has been awarded federal funds for this project.

The project involves the replacement of an existing steel multi-plate arch-under, fill culvert structure and raising the profile of the road. A more detailed project description and location maps are included in this Early Coordination packet.

Information specific to your agencyâ&#x20AC;&#x2122;s area of expertise concerning the effects of the project should be forwarded to Kevin McLane, Green 3, 1104 Prospect Street, Indianapolis, IN 46203. If you have any questions or comments regarding this request, please contact Kevin at (317) 634-4110 or direct e-mail kevin@green3studio.com. Your response is requested within 30 days.

Thank you for your assistance.

Sincerely,

Kevin McLane June 8, 2017

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Otis Road over East Arm Little Calumet River Small Structure Replacement in LaPorte County: Structure #1115, Des. No. 1401027 Project Information Project Location The Otis Road over East Arm Little Calumet River Small Structure Replacement project is located in Coolsping Township, LaPorte County, Indiana. The structure carries Otis Road over the East Arm Little Calumet River, approximately 0.66 mile south of West CR 100 North. The project is located in Section 32, Township 37N, Range 4W. LaPorte County, the project sponsor, has been awarded federal funds for this project.

Purpose & Need The purpose of the project is to replace the existing small structure with a hydraulically adequate structure. The need for this project is due to water flowing over the road during flood events and the upstream flooding that has been impacting neighboring residences as a result of the hydraulic inadequacy of the structure.

Project Description This project involves the replacement of small structure No. 1115, which carries N. Otis Rd. over the East Arm Little Calumet River. The existing small structure is an 8-foot-wide multi-plate pipe. The new structure type has not yet been determined, but the new structure would provide an increased waterway area to alleviate the upstream flooding and eliminate the over-road flow caused by the existing undersized structure. All sediment build-up and debris would be cleared through the channel underneath the roadway. The roadway profile would be raised to allow for enough water flow that could occur during flooding events. Construction of retaining walls may be required to support the elevated profile.

Some trees along the east side of Otis Rd. are anticipated for removal during construction, and vegetative disturbance should be minimal due to the scope of the project. The current maintenance of traffic plan during construction is a complete road closure with use of a detour.

Existing Conditions of Project Area The project area consists of pavement with pasture grass and roadside vegetation along the east side of the roadway, a forested area along the west side, and a riparian zone along East Arm Little Calumet River. Overhead utility lines are located along the east side of Otis Rd. No utilities were found attached to the structure during a site investigation on May 25, 2017.

Right-of-Way The increase in roadway profile, combined with the construction of more stable roadway sideslopes, will necessitate either right-of-way acquisition or the construction of retaining walls. No relocations of businesses or residences will occur due to this project.

Resources and Anticipated Environmental Impacts The East Arm Little Calumet River flows under Otis Rd. through the existing culvert. According to the U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory and the Indiana Geological Survey (IGS) GIS mapping tool (www.maps.indiana.edu), there are two mapped wetlands located adjacent to the bridge or within the project area. The project is located within the 1% risk/100-year flood zone of East Arm Little Calumet River.

The project is located well outside the boundary of the Karst Region of Indiana. According to the Indiana Geological Survey GIS mapping tool, there are no identified Karst features in the project vicinity.

Based on review of the current scope of this project, full Section 106 coordination will be necessary. Coordination will occur with INDOT Cultural Resources Office.

Anticipated Permit Requirements The drainage area of East Arm Little Calumet River is not above the IDNR 50-square mile threshold for rural areas; therefore, an IDNR Construction in a Floodway Permit is not anticipated. The project may require an IDEM Rule 5 permit if more than one acre of land is disturbed. The U.S. Army Corps of Engineers (USACE) and Indiana

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Department of Environmental Management (IDEM) will be consulted regarding additional permits, because work below the Ordinary High Water Mark for the stream would require an USACE Section 404 permit and an IDEM Section 401 permit. No other permits are anticipated at this time.

Note: The original Early Coordination packet included maps and photographs which can be found in Appendix B.

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Kevin McLane From: Sent: To: Subject:

LRC TS-R <LRCTS-R@usace.army.mil> Monday, June 19, 2017 4:15 PM Kevin McLane RE: Otis Rd. Des 1401027 Small Structure Replacement LaPorte County

Hi Kevin,

From looking over the information that you sent in, this project would probably be permitted under our regional permit program (RPP) depending on the amount of impact to the waterway or any wetlands that are within the project site.

Here is a link to our RGP program http://www.lrc.usace.army.mil/Portals/36/docs/regulatory/pdf/INRGP2014.pdf and if you have any additional questions feel free to contact me.

Diedra Willis Indiana Team Lead/Project Manager U.S. Army Corps of Engineers ‐ Chicago District 231 S. LaSalle St., Suite 1500 Chicago, Illinois 60604

Office: 312‐846‐5539

http://www.lrc.usace.army.mil/Missions/Regulatory.aspx

‐‐‐‐‐Original Message‐‐‐‐‐ From: Kevin McLane [mailto:kevin@green3studio.com] Sent: Thursday, June 08, 2017 1:02 PM To: Chicago Requests <ChicagoRequests@usace.army.mil> Subject: [Non‐DoD Source] Otis Rd. Des 1401027 Small Structure Replacement LaPorte County

Environmental Reviewer,

Attached for your review and comment is the early coordination packet and question sheet for the Otis Road over East Arm Little Calumet River Small Structure Replacement project, DES 1401027, LaPorte County, IN. Please contact me at this email if you experience any issues with the attachment or have any questions/concerns.

Thanks, 1

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Des. No. 1401027

Project No.

Project Description Structure #1115, Otis Road over East Arm Little Calumet River Small Structure Replacement Project, LaPorte County, Indiana

Name of Organization requesting early coordination: Green 3 Studio

QUESTIONNAIRE FOR THE INDIANA GEOLOGICAL SURVEY

1)

Do unusual and/or problem ( ) geographic, ( ) geological, ( ) geophysical, or ( ) topographic features exist within the project limits? Describe: No

2)

Have existing or potential mineral resources been identified in this area? Describe: No

3)

Are there any active or abandoned mineral resources extraction sites located nearby?

Describe: No

This information was furnished by: Name: Robin Rupp Title: Geologist Address: 611 North Walnut Grove, Bloomington, IN 47405 Phone: 812-855-7428 Date: July 5, 2017

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July 5, 2017 Re:

Otis Road Small Structure Replacement LaPorte County, IN Des No 1401027

Dear Mr. McLane, The Northwest Indiana Regional Planning Commission (NIRPC) has completed a Red Flag Investigation to help identify environmental conditions and potential impacts within a half mile radius of the proposed Otis Road small structure replacement over the East Arm Little Calumet River located in Coolspring Township, LaPorte County. Using the INDOT Red Flag Investigation map service resulted in the following findings.

Infrastructure Religious Facilities Airports Cemeteries Hospitals Schools

N/R N/R N/R N/R N/R

Recreational Facilities Pipelines Railroads Trails Managed Lands

N/R 2 1 N/R N/R

Pipelines: Two pipelines were identified within a half-mile radius of the project area. A pipeline owned by Lakehead Pipe Line Company runs from northeast to southwest, south of the project area. The Northern Indiana Public Service Company owns a pipeline that runs north to south, east of the project area.

Coordination with INDOT Utilities and Railroads should occur.

Railroad: An abandoned CXST railroad line was identified running north to south through the half-mile project buffer. The line is located to the west of the project area. Coordination with INDOT Utilities and Railroads should occur.

Water Resources NWI â&#x20AC;&#x201C; Points Karst Springs Canal Structures- Historic NWI- Lines IDEM 303d Listed Rivers and Streams (Impaired) Rivers and Streams Canal Routes- Historic Urbanized Area Boundary

N/R

NWI- Wetlands

28

N/R N/R N/R 8

IDEM 303d Listed Lakes Lakes Floodplain- DFIRM Cave Entrance Density

N/R 8 2 N/R

8 N/R N/R

Sinkhole Areas Sinking-Stream Basins

N/R N/R

Impaired Stream: Although not shown by the INDOT RFI map service, the 8 river and stream features identified with the half-mile project buffer are 303d listed water bodies. See IDEM E303d tool (http://www.in.gov/idem/nps/pages/e303d/index.html). Impairments include E. coli, impaired biotic communities and dissolved oxygen. A TMDL and watershed management plan have been developed for the watershed. Coordination with INDOT ES Ecology and Waterway Permitting should occur.

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Rivers and Streams: 8 river and stream features were identified within the half-mile project buffer. The East Arm Little Calumet River passes through the project area. Coordination with INDOT ES Ecology and Waterway Permitting should occur.

NWI- Wetlands: 28 NWI-wetland features were identified within half-mile project buffer. A riparian forested/shrub wetland is located downstream (west) of the project area. Coordination with INDOT ES Ecology and Waterway Permitting is still recommended.

Lakes: Eight lake features were identified within the half-mile project buffer. The closest feature is approximately 700 feet tot eh southwest of the project area.

Floodplain- DFIRM: Two floodplain features are identified within the half-mile project buffer. The project area is located within one of these floodplain features. Coordination with INDOT ES Ecology and Waterway Permitting is still recommended.

Mining/Mineral Exploration Oil/Gas Wells N/R Mines- Surface N/R Petroleum Fields N/R

Mines- Underground

N/R

No mining/mineral exploration concerns were identified within the half-mile project buffer.

Hazmat Concerns CFO

N/R

Industrial Waste Sites Open Dump Waste Sites NPDES Facilities Restricted Waste Sites Solid Waste Landfills Tire Waste Sites VRP Waste Transfer Stations

N/R N/R N/R N/R N/R N/R N/R N/R

Manufactured Gas Plant Etiological Waste Site

N/R N/R

Construction Demolition Waste LUST NPDES Pipe Locations Corrective Action Sites Septage Waste Sites Superfund Sites UST Brownfields Waste Treatment Storage Disposal State Cleanup Site Lagoon

N/R N/R N/R N/R N/R N/R N/R N/R N/R N/R N/R

No hazardous material concerns were identified within the half-mile project buffer.

Cultural Resources No cultural resources were identified within the half-mile project buffer.

Ecological Information No ecological resources were identified within the half-mile project buffer.

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Conclusions The results of our Red Flag Investigation indicate that several environmental features are located within the ½mile project search radius. Recommendations have been included within each section where appropriate. Our analysis was based upon information made available through the INDOT Red Flag Investigation map service, the DNR Natural Heritage Database, and cultural/historical data spatially represented from the county interim reports by NIRPC. If you should have any questions please do not hesitate to contact me directly.

A review of the Little Calumet River East Branch Watershed Management Plan (2015) shows a stream monitoring station was located at the project site giving an insight into existing conditions. The watershed plan references degraded habitat quality being the primary stressor for impaired biotic communities in this reach.

In particular the substrate quality, instream cover, channel morphology, and riparian quality metrics scored poorly.

NIRPC recommends that the following considerations be taken into account with project design and construction.

• • •

Replacement structure facilitates fish passage, including non-jumping species and benthic species.

Trees/shrubs that are removed during construction be replaced with appropriate native species to at a minimum maintain existing canopy cover.

Floodplain connectivity and channel stability upstream of structure is maintained as seen in the early coordination letter site photographs.

Sincerely,

Joe Exl Senior Water Resource Planner Northwestern Indiana Regional Planning Commission

This response also included maps of the resources, these maps can found in the RFI section of this document.

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United States Department of the Interior Fish and Wildlife Service Indiana Field Office (ES) 620 South Walker Street Bloomington, IN 47403-2121 Phone: (812) 334-4261 Fax: (812) 334-4273

July 6, 2017

Mr. Kevin McLane Green 3 1104 Prospect Street Indianapolis, Indiana 46203

Project No.: Des.1401027 Project: Replacement of Otis Road Structure #1115 over East Branch Little Calumet River Location: Otis, LaPorte County Dear Mr. McLane: This responds to your letter dated June 8, 2017, requesting our comments on the aforementioned project.

These comments have been prepared under the authority of the Fish and Wildlife Coordination Act (l6 U.S.C. 661 et. seq.) and are consistent with the intent of the National Environmental Policy Act of l969, the Endangered Species Act of l973, and the U. S. Fish and Wildlife Service's Mitigation Policy.

The proposed project consists of the replacement of the existing 8-foot diameter pipe with a larger structure (type not yet determined) to provide a greater opening for high water flows; the current structure causes upstream flooding and occasional over-the-road flow during significant precipitation events. The roadway will also be elevated to be above flood elevations.

The structure is at the low point between hills to the north and south. An abandoned elevated railroad grade parallels Otis Road to the west and includes a double-bay concrete bridge over the East Branch; pasture, lawns, and residences are to the east. The old railroad grade is wooded with a variety of tree species and ages; living and dead shade trees, mostly small to medium sized, line the east side of the roadway. It is anticipated that the trees along the edge of the eastern right-of-way will need to be removed due to the proposed increase in elevation of the roadway. If retaining walls are used, additional right-of-way may not be required; however, if side-slopes are utilized, additional permanent right-of-way will be needed. We request that any tree clearing, particularly along the west side of Otis Road, be limited to the minimum necessary to construct the project due to the value of this habitat for migratory birds and other wildlife.

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ENDANGERED SPECIES The proposed project is within the range of the Federally endangered Indiana bat (Myotis sodalis), piping plover (Charadrius melodus), and Mitchell’s satyr butterfly (Neonympha mitchellii), and the threatened northern long-eared bat (Myotis septentrionalis) and eastern massasauga rattlesnake (Sistrurus catenatus). There is no habitat for the piping plover, Mitchell’s satyr, and eastern massasauga within the proposed project area; therefore, these 3 species are not likely to be adversely affected by the proposed project and do not require additional consultation under Section 7 of the Endangered Species Act, as amended.

During bat mist net surveys in June 2013 along the East Branch Little Calumet River, a lactating female northern long-eared bat was found about 1/3rd mile east of the project site. This species was not listed at that time so she was released with no attempt to determine what roost trees she was using. Therefore, northern long-eared bats could be using any number of roost trees within several miles of the capture site; this includes the project area. For purposes of the Range-wide Programmatic Consultation for Indiana bat and Northern Long-eared bat, we consider the project area to be documented roosting and foraging habitat for the northern long-eared bat but not for the Indiana bat. Therefore, appropriate avoidance and minimization measures (AMM’s) will be required.

We appreciate the opportunity to comment on this proposed project. If you have any questions, please contact Elizabeth McCloskey at (219) 983-9753 or elizabeth_mccloskey@fws.gov.

Sincerely yours, /s/ Elizabeth S. McCloskey for Scott E. Pruitt Supervisor Sent via email July 6, 2017; no hard copy to follow. cc: Christie Stanifer, Environmental Coordinator, Division of Fish and Wildlife, Indianapolis, IN Federal Highway Administration, Indianapolis, IN Laura Hilden, INDOT, Indianapolis, IN

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Kevin McLane From: Sent: To: Subject:

Turnbow, Alisha <ATurnbow@idem.IN.gov> Tuesday, October 3, 2017 12:03 PM Kevin McLane RE: Otis Rd over E. Arm Little Calumet River Des 1401027 Project - TEMPO #76625

Hi Mr. Kevin McLane, The Otis Rd over East Arm Little Calumet River Project is in the Beechwood Mobile Home Park Wellhead Protection Area.

The contact information for the Beechwood Mobile Home Park is Chrissy Ennis and she can be reached at chrissy_ennis@comcast.net and (219) 877‐8229.

In addition to the proposed project area being located within a Wellhead Protection Area; the project area is located within a Source Water Assessment Area for a PWSS’s surface water intake. The Source Water Assessment Area relates to the surface water drainage area that water could potentially flow and influence water quality for a PWSS’s source of drinking water. The PWSS that could be impacted by the project is Indiana American Water ‐ Northwest. A contact person for Indiana American Water ‐ Northwest is Christina Gosnell, and could be reached via e‐mail and/or phone at: christina.gosnell@amwater.com and (317) 885‐2408. The contact information is provided as a courtesy and reference for you if any issues arise that could potentially impact the water quality for the PWSS during the course of the project. It is not a requirement of IDEM that you contact the system regarding the project.

In the future if you have any questions about contact information from a wellhead proximity search feel free to email either me aturnbow@idem.in.gov or my supervisor Jim Sullivan, JSULLIVA@idem.IN.gov. Let me know if you have any questions.

Sincerely, Alisha Turnbow, Environmental Manager Ground Water Section – Drinking Water Branch Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, Indiana 46204‐2251 (317) 233‐9158

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Kevin McLane From: Sent: To: Subject:

Christina L Gosnell <Christina.Gosnell@amwater.com> Friday, October 6, 2017 9:24 AM Kevin McLane RE: Source Water Assessment Area for a PWSS for Otis Road over East Arm Little Calumet River

No impacts are anticipated.

Thanks.

Christina Gosnell Manager Water Quality and Environmental Compliance Indiana American Water Company 555 East County Line Road Greenwood, IN 46143 Tel: 317‐885‐2408 Cell: 812‐344‐8436 Fax: 317‐885‐2406 E‐mail: Christina.Gosnell@amwater.com

From: Kevin McLane [mailto:kevin@green3studio.com] Sent: Wednesday, October 4, 2017 10:45 AM To: Christina L Gosnell <Christina.Gosnell@amwater.com> Subject: Source Water Assessment Area for a PWSS for Otis Road over East Arm Little Calumet River

EXTERNAL EMAIL - "Think before you click!"

Christina, The Indiana Department of Environmental Management (IDEM) Ground Water Section was sent coordination for the Otis Road over East Arm Little Calumet River project (Des. 1401027) and informed us that the proposed project (see attached early coordination packet for project info) is within a Source Water Assessment Area for the Indiana American Water‐Northwest PWSS’s surface water intake; therefore, we are contacting you to ask for any specific comments on the Source Water Assessment Area and any foreseen impacts from this proposed trail project. Please respond with any comments, concerns of impacts, or recommendations concerning the Source Water Assessment Area. If no impacts are anticipated or you have no comments, please respond with such a statement.

Thanks,

Kevin McLane Ecologist

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Kevin McLane From: Sent: To: Subject:

Polan, Annemarie <APolan@LaPorteCounty.org> Wednesday, October 10, 2018 12:25 PM Kevin McLane RE: Local Floodplain Admin - Otis Rd over East Arm Little Calumet River culvert replacement LaPorte County

Kevin:

The only question I had was in reference to raising the profile of the road, but that question has been answered and I have no further questions or concerns.

I appreciated all the attachments.

Thank you,

Annemarie

Annemarie Polan LaPorte County Building Commissioner T 219‐326‐6808, ext. 2418 F 219‐362‐5561 E apolan@laportecounty.org

Stay positive. Some of your best days haven’t happened yet.

From: Kevin McLane [mailto:kevin@green3studio.com] Sent: Tuesday, October 09, 2018 2:07 PM To: Polan, Annemarie <APolan@LaPorteCounty.org> Subject: Local Floodplain Admin ‐ Otis Rd over East Arm Little Calumet River culvert replacement LaPorte County

Annemarie, Attached for your review as the local floodplain administrator for LaPorte County, is the project information for the Otis Rd over East Arm Little Calumet River culvert replacement project, Des 1401027 in LaPorte County. The project has been on hold for a while, but we are now ready to move forward with the environmental document, so I have attached the original early coordination packet that was sent out in 2017. Please review the project information and let me know if you have any questions or require more detail. Please let me know if your have any comments, concerns, or suggestions for the project, in relation to work within the floodplain. Your comments and recommendations will be included in the Environmental Document that discusses any possible impacts of the project. If you have no comments or concerns please respond as such.

Thanks!

Kevin McLane Ecologist 1

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Kevin McLane From: Sent: To: Subject:

Stanifer, Christie <cstanifer@dnr.IN.gov> Tuesday, November 13, 2018 2:31 PM Kevin McLane RE: Otis Rd over East Arm Little Calumet River Des 1401027 Re-Coordination

Dear Mr. McLane: The updates on this project does not change any of the comments in our previous letter; therefore, the recommendations in our letter dated July 10, 2017, still apply.

Sincerely, Christie L. Stanifer Environmental Coordinator Indiana Department of Natural Resources Division of Fish and Wildlife 402 West Washington St, Room W273 Indianapolis, IN 46204 Direct: (317) 232-8163 Fax: (317) 232-8150

From: Kevin McLane [mailto:kevin@green3studio.com] Sent: Thursday, November 08, 2018 2:43 PM To: DNR Environmental Review <environmentalreview@dnr.IN.gov> Subject: Otis Rd over East Arm Little Calumet River Des 1401027 Re‐Coordination Greetings, We are re‐coordinating with the IDNR Division of Fish and Wildlife on the Otis Rd over East Arm Little Calumet River Des 1401027 Small Structure Replacement project in LaPorte County, IN. Early Coordination was originally sent on June 8, 2017 (Attached) and an IDNR response was received on July 10, 2017 (also attached). Due to the length of time since previous coordination, we are sending some updated information (see below) and requesting any updates to your previous response (if any).

Project Updates:  The project proposes to replace the existing culvert with a new 55‐ft long Type II, prestressed concrete I‐Beam bridge. The new bridge will include installation of bridge railings and new approach guardrail. The roadway will be raised by approximately 4’6” to allow for more freeboard. Standard 2:1 slopes and 3‐ft berms will be constructed below the bridge for slope stability. Steel sheet piling will be installed for improved scour protection below the bridge.  It is currently expected that 1.28 acres of total permanent right‐of‐way will be acquired from the east and west sides of Otis Rd.  The project is scheduled for letting in March of 2020.

Please contact me with any questions, issues with the files, or concerns, Kevin McLane Ecologist 1

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United States Department of the Interior FISH AND WILDLIFE SERVICE Indiana Ecological Services Field Office 620 South Walker Street Bloomington, IN 47403-2121 Phone: (812) 334-4261 Fax: (812) 334-4273 http://www.fws.gov/midwest/Endangered/section7/s7process/step1.html

August 27, 2018 In Reply Refer To: Consultation Code: 03E12000-2017-SLI-0518 Event Code: 03E12000-2018-E-05932 Project Name: Otis Road over East Arm Little Calumet River Small Structure Replacement, Des. 1401027 Subject: Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies any federally threatened, endangered, proposed and candidate species that may occur within the boundary of your proposed project or may be affected by your proposed project. The list also includes designated critical habitat if present within your proposed project area or affected by your project. This list is provided to you as the initial step of the consultation process required under section 7(c) of the Endangered Species Act, also referred to as Section 7 Consultation.

Section 7 of the Endangered Species Act of 1973 requires that actions authorized, funded, or carried out by Federal agencies not jeopardize federally threatened or endangered species or adversely modify designated critical habitat. To fulfill this mandate, Federal agencies (or their designated non-federal representative) must consult with the Service if they determine their project â&#x20AC;&#x153;may affectâ&#x20AC;? listed species or critical habitat.

Under 50 CFR 402.12(e) (the regulations that implement Section 7 of the Endangered Species Act) the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally. You may verify the list by visiting the ECOS-IPaC website http://ecos.fws.gov/ipac/ at regular intervals during project planning and implementation and completing the same process you used to receive the attached list. As an alternative, you may contact this Ecological Services Field Office for updates.

Please use the species list provided and visit the U.S. Fish and Wildlife Service's Region 3 Section 7 Technical Assistance website at - http://www.fws.gov/midwest/endangered/section7/ s7process/index.html. This website contains step-by-step instructions which will help you

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determine if your project will have an adverse effect on listed species and will help lead you through the Section 7 process.

For all wind energy projects and projects that include installing towers that use guy wires or are over 200 feet in height, please contact this field office directly for assistance, even if no federally listed plants, animals or critical habitat are present within your proposed project or may be affected by your proposed project.

Although no longer protected under the Endangered Species Act, be aware that bald eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.) and Migratory Bird Treaty Act (16 U.S.C. 703 et seq), as are golden eagles. Projects affecting these species may require measures to avoid harming eagles or may require a permit. If your project is near an eagle nest or winter roost area, see our Eagle Permits website at http://www.fws.gov/midwest/ midwestbird/EaglePermits/index.html to help you determine if you can avoid impacting eagles or if a permit may be necessary.

We appreciate your concern for threatened and endangered species. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s): â&#x2013;Ş Official Species List

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Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by: Indiana Ecological Services Field Office 620 South Walker Street Bloomington, IN 47403-2121 (812) 334-4261

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Project Summary Consultation Code: 03E12000-2017-SLI-0518 Event Code:

03E12000-2018-E-05932

Project Name:

Otis Road over East Arm Little Calumet River Small Structure Replacement, Des. 1401027

Project Type:

TRANSPORTATION

Project Description: The project will involve replacing the existing steel multi-plate arch under fill carrying Otis Road over the East Arm Little Calumet River with a new bridge structure, in Coolspring Township, LaPorte County, IN. The structure is approximately 0.09 mile south of CR W 50 N. The replacement structure type has not yet been determined. However, the new structure will provide an increased waterway area to alleviate the upstream flooding and eliminate the over-road flow caused by the existing undersized structure. The existing roadway width will be maintained or will be minimally increased. The roadway profile will be raised to provide better movement of water under the structure. This increase in roadway profile, combined with the construction of more stable roadway sideslopes, will necessitate either right-of-way acquisition or the construction of retaining walls. Wall types have not yet been selected.

Finally, to improve the hydraulic capacity of both the replacement bridge carrying Otis Road and the adjacent downstream railroad bridge, the channel through the limits of both of these structures will be cleared of all debris and sediment build-up. It is noted the scope of this project does not include any work to the adjacent railroad bridge, other than the aforementioned debris clearing. No tree clearing is anticipated.

Construction is currently planned for 2017.

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/41.61259476651081N86.90613921404548W

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Counties: LaPorte, IN

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Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 1 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals NAME

STATUS

Indiana Bat Myotis sodalis

Endangered

There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5949 Species survey guidelines: https://ecos.fws.gov/ipac/guideline/survey/population/1/office/31440.pdf

Northern Long-eared Bat Myotis septentrionalis

Threatened

No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions: â&#x2013;Ş Incidental take of the NLEB is not prohibited here. Federal agencies may consult using the 4(d) rule streamlined process. Transportation projects may consult using the programmatic process. See www.fws.gov/midwest/endangered/mammals/nleb/index.html Species profile: https://ecos.fws.gov/ecp/species/9045 Species survey guidelines: https://ecos.fws.gov/ipac/guideline/survey/population/10043/office/31440.pdf

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Birds NAME

STATUS

Piping Plover Charadrius melodus

Endangered

Population: [Great Lakes watershed DPS] - Great Lakes, watershed in States of IL, IN, MI, MN, NY, OH, PA, and WI and Canada (Ont.) There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/6039

Reptiles NAME

STATUS

Eastern Massasauga (=rattlesnake) Sistrurus catenatus

Threatened

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/2202

Insects NAME

STATUS

Mitchell's Satyr Butterfly Neonympha mitchellii mitchellii

Endangered

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/8062

Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

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Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA) Range-wide Programmatic Consultation for Indiana Bat and Northern Long-eared Bat

Project Submittal Form Updated December 2016 If not using the Assisted Determination Key in the U.S. Fish and Wildlife Service (Service) Information for Planning and Conservation (IPaC) System, transportation agencies must provide this submittal form (or a comparable Service approved form) with provide projectlevel information for use of the range-wide programmatic consultation covering actions that may affect the Indiana bat and/or northern long-eared bat (NLEB). The completed form should be submitted to the appropriate Service Field Office prior to project commencement.

For more information, see the Standard Operating Procedure for Site Specific Project(s) Submission in the Userâ&#x20AC;&#x2122;s Guide.

By submitting this form, the transportation agency ensures that the proposed project(s) adhere to the criteria and conditions of the range-wide programmatic consultation, as outlined in the biological assessment (BA) and biological opinion (BO). Upon submittal of this form, the appropriate Service Field Office may review the project-specific information provided and request additional information. For projects that may affect, but are not likely to adversely affect (NLAA) the Indiana bat and/or NLEB, if the applying transportation agency is not contacted by the Service with any questions or concerns within 14 calendar days of form submittal, it may proceed under the range-wide programmatic consultation and assume concurrence of the NLAA determination made by the Service in the BO. For projects that may affect, and are likely to adversely affect (LAA) the Indiana bat and/or the NLEB, the appropriate Service Field Office will respond (see recommended response letter template) within 30 calendar days of receiving a complete project-level submission, which includes, but may not be limited to this completed form.

Further instructions on completing the submittal form can be found by hovering your cursor over each text box.

1. Date:

July 24, 2017; Revised November 14, 2018 and February 18, 2019

2. Lead agency: FHWA This refers to the Federal governmental lead action agency initiating consultation; select FHWA, FRA or FTA as appropriate.

3. Requesting agency: Green 3, LLC on behalf of LaPorte County (the project sponsor) This refers to the transportation agency completing the form (it may or may not be the same as the Lead Agency.

Name:

Kevin McLane

Title:

Ecologist at Green 3, LLC

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Phone:

317-634-4110

Email:

kevin@green3studio.com

4. Consultation code 1: 03E12000-2017-SLI-0518 5. Project name(s):

Otis Rd. over East Arm Little Calumet River, Des 1401027

6. Project description: Please attach additional documentation or explanatory text if necessary The Otis Road over East Arm Little Calumet River Small Structure Replacement project is located in Coolsping Township, LaPorte County, Indiana. The structure carries Otis Road over the East Arm Little Calumet River, approximately 0.66 mile south of West CR 100 North. The project is located in Section 32, Township 37N, Range 4W. LaPorte County, the project sponsor, has been awarded federal funds for this project. This project involves the replacement of small structure No. 1115, which carries N. Otis Rd. over the East Arm Little Calumet River. The existing small structure is an 8-foot-wide multi-plate pipe. The new structure will be a 55-ft long Type II, prestressed concrete I-beam bridge that will provide an increased waterway area to alleviate the upstream flooding and eliminate the over-road flow caused by the existing undersized structure. The new bridge will include installation of bridge railings and new approach guardrail. All sediment build-up and debris would be cleared through the channel underneath the roadway. The roadway profile would be raised by 4'6" to allow for enough water flow that could occur during flooding events. Standard 2:1 slopes and 3-ft berms will be constructed below the bridge for slope stability. Steel sheet piling and riprap will be installed for improved scour protection below the bridge. The project is scheduled for letting in March of 2020.

A review of the USFWS database indicated the presence of endangered bat species within a half-mile of the project area, via one recorded capture for a female northern long-eared bat. No bats or signs of bats were observed in the area or under the culvert structure or railroad bridge during the June 28, 2017 inspection. Up to 0.65-acre of tree removal is currently estimated from 450 feet north and 500 feet south of the culvert structure up to 35 feet from the edge-of-pavement on the west side of the road and up to 55 ft from the edge-of-pavement from the east side of the road. Vegetative disturbance should be minimal due to the scope of the project. Approximately 1.28-acre of permanent right-of-way will be acquired. No relocations of businesses or residences will occur due to this project.

Based on coordination with the USFWS, it was determined that the project will be a Not Likely to Adversely Affect with AMMs for the Indiana bat and a Likely to Adversely Affect for the northern long-eared bat (NLEB).

7. Project location (county, state): LaPorte County, Indiana If not delineated in IPaC, attach shape files

8. For species other than Indiana bat and NLEB (from IPaC official species list):

✔ No effect – project(s) are inside the range, but no suitable habitat (see additional information attached).

May affect – see additional information provided for those species (see attached or forthcoming).

Please confirm and identify how the proposed project(s) adhere to the criteria of the BO by completing the following (see User Guide Section 2.0):

1

Available through IPaC System Official Species List: https://ecos.fws.gov/ipac/

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NO EFFECT 9. For Indiana bat/NLEB, if applicable, select your no effect determination: No effect – project(s) are outside the species’ range. submittal form complete No effect – project(s) are inside the species range with no suitable summer habitat; project(s) must also be greater than 0.5 miles from any hibernaculum unless meeting exceptions listed below. submittal form complete No effect – project(s) do not involve any construction activities (e.g., bridge/ abandoned structure assessments, property inspections, planning and technical studies, property sales, property easements, and equipment purchases). submittal form complete No effect – project(s) are completely within existing road/rail surface and do not involve percussive or other activities that increase noise above existing traffic/ background levels (e.g., road line painting). submittal form complete No effect - project(s) are outside suitable summer bat habitat and limited to the maintenance of existing facilities (e.g., rest areas, stormwater detention basins) with no new ground disturbance.

No effect – project(s) includes maintenance, alteration, or removal of bridge(s)/ structure(s) and indicate(s) no signs of bats from results of a bridge/abandoned structure assessment. submittal form complete Otherwise, please continue below.

MAY AFFECT, NOT LIKELY TO ADVERSELY EFFECT – W/O AMMS 10. For Indiana bat/NLEB, if applicable, select your may affect, NLAA determination (without implementation of AMMs): NLAA – project(s) are inside the species range and within suitable bat habitat, but negative bat presence/absence (P/A) surveys; must also be greater than 0.5 miles from any hibernaculum. submittal form complete NLAA – project(s) are within 300 feet of the existing road/rail surface and in area that contain suitable habitat (but no documented habitat) that do not involve tree removal, but include percussives or other activities that increase noise above existing traffic/background levels (must also be greater than 0.5 miles of a hibernaculum). submittal form complete NLAA – project(s) are limited to slash pile burning (must also be greater than 0.5 miles from any hibernaculum). submittal form complete NLAA – project(s) are limited to wetland or stream protection activities associated

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with compensatory wetland mitigation that do not clear suitable habitat (must also be greater than 0.5 miles from any hibernaculum). submittal form complete NLAA – project(s) anywhere, including within 0.5 mile of hibernacula, with suitable summer bat habitat present that are limited to the maintenance of existing facilities (e.g., rest areas, stormwater detention basins) with no new ground disturbance or tree removal/trimming. submittal form complete Otherwise, please continue below.

MAY EFFECT, NOT LIKELY TO ADVERSELY AFFECT – WITH AMMs 11. For Indiana bat/NLEB, if applicable, document your may affect, NLAA determination by completing the following section (with implementation of AMMs; use #13 to document AMMs).

Affected Resource/Habitat Type: Suitable roosting and foraging habitat for the Indiana bat a. Trees

✔ Verify that all tree removal occurs greater than 0.5 mile from any hibernaculum ✔

Verify that the project is within 100 feet of existing road/rail surfaces

✔

Verify that no documented Indiana bat and/or NLEB roosts and/or surrounding summer habitat within 0.25 mile of documented roosts will be impacted

Verify that all tree removal will occur outside the active season (i.e., will occur in winter)2: Will not clear from April 1 to September 30 Acres of trees proposed for removal: Approximately 0.65 acre b. Bridge/Structure Work Projects Proposed work: Replacement of culvert with new bridge and raise road Timing of work: Not currently known Evidence of bat activity on/in bridge/structure? Yes:

No:

✔ Verify that work will be conducted outside the active season, or if during the active season, verify that no roosting bats will be harmed or disturbed in any way

✔ Verify that work will not alter roosting potential in any way 2

Coordinate with the local Service Field Office for appropriate dates

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✔ Verify that all applicable lighting minimization measures will be implemented MAY AFFECT, LIKELY TO ADVERSELY AFFECT 12. For Indiana bat/NLEB, if applicable, document your may affect, LAA determination by completing the following section (use #13 to document AMMs).

Affected Resource/Habitat Type: Roosting and foraging habitat for the NLEB. a. Trees

✔ Verify that all tree removal occurs greater than 0.5 mile from any hibernaculum Project Location: ✔ 0-100 feet from edge of existing road/rail surface 100-300 feet from edge of existing road/rail surface ✔

Verify that no documented Indiana bat roosts or surrounding summer habitat within 0.25 mile of documented roosts will be impacted between May 1 and July 31

✔

Verify that no documented NLEB roosts or surrounding summer habitat within 150 feet of documented roosts will be impacted between June 1 and July 31 Timing of tree removal: Will not clear from April 1 to September 30 Acres of trees proposed for removal: Approximately 0.65 acre

b. Bridge/Structure Work Projects Proposed work: Replacement of culvert with new bridge and raise road Timing of work:

Not currently known

Verify no signs of a colony Verify that work will not alter roosting potential in any way 13. For Indiana bat/NLEB, if applicable to the action type, the following AMMs will be implemented3 unless P/A surveys and/or bridge/abandoned structure assessments4 have occurred to document that the species are not likely to be present: General AMM 1 (required for all projects): Ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable AMMs. 3

See AMMs Fact Sheet (Appendix C) for more information on AMMs Structure assessment for occupied buildings means a cursory inspection for bat use. For abandoned buildings a more thorough evaluation is required (See User Guide Appendix D for bridge/abandoned structure assessment guidance).

4

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✔

Tree Removal AMM 1 ✔ Tree Removal AMM 2 (required for NLAA) ✔ Tree Removal AMM 3 (required for all projects) ✔ Tree Removal AMM 4 (required for NLAA) Tree Removal AMM 5 (required for LAA) Tree Removal AMM 6 (required for LAA) ✔ Tree Removal AMM 7 (required for LAA) for NLEB Bridge AMM 1 Bridge AMM 2 (required for all projects during active season) Bridge AMM 3 (required for NLAA during active season) Bridge AMM 4 (required for NLAA during active season) Bridge AMM 5 (required for all projects) Structure AMMs are required for all Indiana bat projects, required for NLAA NLEB projects.

Structure AMM 1 Structure AMM 2 Structure AMM 3 Structure AMM 4 Lighting AMM 1 (required for all projects during the active season) Lighting AMM 2 (required for all projects) Hibernacula AMM 1 (required for all projects) 14. For Indiana bat, if applicable, compensatory mitigation measures will also be required to offset adverse effects on the species (see Section 2.10 of the BA). Please verify the mechanism in which compensatory mitigation will be implemented and that sufficient information is provided to the Service.

Range-wide In-Lieu Fee Program, The Conservation Fund State, Regional, Recovery Unit-Specific In-Lieu Fee Program Name: Conservation Bank Name: Location: Local Conservation Site(s) Name: Location: Description:

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United States Department of the Interior Fish and Wildlife Service Indiana Field Office (ES) 620 South Walker Street Bloomington, IN 47403-2121 Phone: (812) 334-4261 Fax: (812) 334-4273

March 18, 2019 Michelle Allen Federal Highway Administration 575 N Pennsylvania St Room 254 Indianapolis, IN 46204

TAILS: 03E12000-2017-SLI-0518

RE: 2nd UPDATE Otis Road over Little Calumet River, LaPorte Co. (Des. 1401027) Dear Ms. Allen: This letter is an update to your request to verify that the proposed Otis Road Project (the Project) may rely on the December 15, 2016, Programmatic Biological Opinion (BO) for federallyfunded or approved transportation projects that may affect the Indiana bat (Myotis sodalis) and/or northern long-eared bat (NLEB) (Myotis septentrionalis). We received your original request and the associated Project Submittal Form on July 27, 2017. On November 9, 2018, we were notified that the project impacts had changed. We received a new project submittal form on November 14, 2018. Recently, the project information has again changed and an updated project submittal form was received on March 8, 2019. The revised information is reflected in this updated response.

This letter provides the Serviceâ&#x20AC;&#x2122;s response as to whether the Project may rely on the BO to comply with Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) for its effects to the Indiana bat and/or NLEB. This letter also responds to your request for Service concurrence that the Project may affect, but is not likely to adversely affect (NLAA) ESA-listed species and/or designated critical habitats other than the Indiana bat and NLEB. The Federal Highway Administration has determined that the Project is likely to adversely affect the NLEB.

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The Federal Highway Administration has also determined that the Project is not likely to adversely affect the following species [and/or designated critical habitats]: x x x x

Eastern Massasauga (Sistrurus catenatus) (T) Indiana bat (Myotis sodalis (E) Mitchell's satyr Butterfly (Neonympha mitchellii mitchellii) (E) Piping Plover (Charadrius melodus) (E)

The Service concurs with these determination) because habitat for the butterfly, bird, and snake species is not present at the site. The Indiana bat falls under the informal determination since the project is staying within 100 feet from the edge of the roadway, there are no roosting or foraging records nearby, and the project will be implementing seasonal tree-clearing restrictions. The determination for the northern long-eared bat was made based on a recent capture record less than a quarter of a mile from the site and additional records in the area. This concurrence concludes your ESA Section 7 responsibilities relative to these species for this Project, subject to the Reinitiation Notice below.

Conclusion The Service has reviewed the effects of the proposed Project, which includes the Federal Highway Administrationâ&#x20AC;&#x2122;s commitment to implement any applicable mitigation measures as indicated on the Project Submittal Form. We confirm that the proposed Projectâ&#x20AC;&#x2122;s effects are consistent with those analyzed in the BO. The Service has determined that projects consistent with the conservation measures and scope of the program analyzed in the BO are not likely to jeopardize the continued existence of the Indiana bat or the NLEB. In coordination with your agency and the other sponsoring Federal Transportation Agencies, the Service will reevaluate this conclusion annually in light of any new pertinent information under the adaptive management provisions of the BO. Incidental Take Northern Long-eared Bat The Service anticipates that tree removal associated with the proposed Project will cause incidental take of NLEBs. The amount of tree clearing has changed from the original estimate of 0.15 acres to 0.33 acres in November 2018, to the final amount of 0.65 acres. Despite the small changes, the Project is still consistent with the BO, and projects such as these are not anticipated to cause take of NLEBs that is prohibited under the final 4(d) rule for this species (50 CFR §17.40(o)). Therefore, the take of NLEBs resulting from this project does not require exemption from the Service.

Reporting Dead or Injured Bats The Federal Highway Administration, its State/Local cooperators, and any contractors must take care when handling dead or injured Indiana bats and NLEBs, or any other federally listed species that are found at the Project site in order to preserve biological material in the best possible

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condition and to protect the handler from exposure to diseases, such as rabies. Project personnel are responsible for ensuring that any evidence about determining the cause of death or injury is not unnecessarily disturbed. Reporting the discovery of dead or injured listed species is required in all cases to enable the Service to determine whether the level of incidental take exempted by this BO is exceeded, and to ensure that the terms and conditions are appropriate and effective.

Parties finding a dead, injured, or sick specimen of any endangered or threatened species must promptly notify this Service Office.

Reinitiation Notice This letter concludes consultation for the proposed Project, which qualifies for inclusion in the BO issued to the Federal Transportation Agencies. To maintain this inclusion, a reinitiation of this Project-level consultation is required where the Federal Highway Administrationâ&#x20AC;&#x2122;s discretionary involvement or control over the Project has been retained (or is authorized by law) and if: 1.

2.

3.

new information reveals that the Project may affect listed species or critical habitat in a manner or to an extent not considered in the BO or in the Project information that supported Service concurrence with NLAA determinations; the Project is subsequently modified in a manner that causes an effect to listed species or designated critical habitat not considered in the BO or in the Project information that supported Service concurrence with NLAA determinations; or a new species is listed or critical habitat designated that the Project may affect.

In instances where the amount or extent of incidental take is exceeded, the Federal Highway Administration is required to immediately request a reinitiation of formal consultation. Please note that the Service cannot exempt from the applicable ESA prohibitions any Action-caused take that exceeds the amount or extent specified in the ITS of this BO that may occur before the reinitiated consultation is concluded.

We appreciate your continued efforts to ensure that this Project is fully consistent with all applicable provisions of the BO. If you have any questions regarding our response or if you need additional information, please contact Robin McWilliams Munson at 812-334-4261 or email robin_mcwilliams@fws.gov.

Sincerely,

SCOTT PRUITT

Digitally signed by SCOTT PRUITT Date: 2019.03.18 16:37:40 -04'00'

Scott Pruitt Field Office Supervisor

Cc (via email): Laura Hilden, INDOT, Indianapolis, IN Meghan Hinkle, INDOT, Indianapolis, IN

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APPENDIX D â&#x20AC;&#x201C; SECTION 106 of the NHPA and SECTION 4(f) of the U.S. TRANSPORTATION ACT of 1966

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Public Notice Des. 1401027 La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with replacing the small structure No. 1115 carrying Otis Road over the East Arm of the Little Calumet River, Des. 1401027. The project is located on N. Otis Rd. between CR 50 N and Division Rd. in Cool Spring Township, La Porte County.

The project involves the construction of a 55-ft. long, Type II, prestressed concrete I-beam bridge with Type PF-2 railing. The roadway profile will be raised approximately 4 ft. 6 in. above the existing grade. It is expected to be approximately 1.28 acres of right-of-way will be acquired. Of that amount, approximately 0.345 acres of permanent right-of-way will be taken from the historic property: c. 1892 Louisville, New Albany and Chicago Railroad double box stone culvert. The proposed project will result in physical changes along the project alignment and visual changes within the viewshed. The project will not result in aural and vibratory effects, and no meaningful environmental or other indirect effects are expected as a result of this project.

The proposed action impacts one property eligible for the National Register of Historic Places (NRHP): c.

1892 Louisville, New Albany and Chicago Railroad double box stone culvert. INDOT, on behalf of the FHWA, has issued a “No Adverse Effect” Finding for the project, because the project will not diminish the integrity of the characteristics that qualify the historic property within the APE for inclusion in the NRHP. In accordance with the National Historic Preservation Act, the views of the public are being sought regarding the effect of the proposed project on the historic elements as per 36 CFR 800.2(d), 800.3(e) and 800.6(a)(4). Pursuant to 36 CFR 800.6(a)(4), the documentation specified in 36 CFR 800.11(e) is available for inspection at Green 3 and via INDOT’s Section 106 document posting website IN SCOPE at: http://erms.indot.in.gov/Section106Documents/. This documentation serves as the basis for the “No Adverse Effect” finding. Please reply with any comments to Green 3, LLC, 1104 Prospect Street, Indianapolis, IN 46203, 317.634.4110, karen@green3studio.com, no later than October 19, 2018.

In accordance with the “Americans with Disabilities Act”, if you have a disability for which INDOT needs to provide accessibility to the document(s) such as interpreters or readers, please contact Jay Sullivan at 219-362-2051, ext. 6506, or at jgsullivan@laportecounty.org.

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La Porte County Small Structure Project 800.11(e) Documentation and Effects Finding Des. No. 1401027 Cool Spring Township, La Porte County, Indiana

September 2018 Prepared for: USI Consultants 8415 E. 56th St. Indianapolis, IN 46216

By:

Karen Wood Historian/QP Green 3, LLC 1104 Prospect Street Indianapolis, IN 46203 p. 317.634.4110

f. 866.422.2046

email: karen@green3studio.com

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FEDERAL HIGHWAY ADMINISTRATION’S SECTION 4(f) COMPLIANCE REQUIREMENTS (for historic properties) AND SECTION 106 FINDINGS AND DETERMINATIONS AREA OF POTENTIAL EFFECT ELIGIBILITY DETERMINATIONS EFFECTS FINDING La Porte County Small Structure Replacement Project in Cool Spring Township, La Porte County; INDOT Des. No. 1401027 AREA OF POTENTIAL EFFECTS (Pursuant to 36 CFR Section 800.4(a)(1)) The area of potential effects (APE) of the project includes all properties with a proximate viewshed of the project. The APE expands and contracts based on viewshed primarily; it includes all areas where ground disturbance may occur or where auditory or visual impacts might be expected (see Appendix A for a map of the APE).

ELIGIBILITY DETERMINATIONS (Pursuant to 36 CFR 800.4(c)(2)) The APE contains one property eligible for listing in the National Register of Historic Places (NRHP): C. 1892 Louisville, New Albany and Chicago Railroad double box stone culvert, (“RR Culvert,” # 091406-G3-1): The RR Culvert exhibits the early bridge engineering design of using stone and reinforced concrete slabs in its construction before reinforced concrete became the universally used material for culverts over stone, steel and iron. The RR Culvert is eligible for inclusion in the National Register of Historic Places (NRHP) under Criterion A and Criterion C for its association with railroad expansion and engineering significance by exhibiting distinctive characteristics of a double box stone culvert.

No other properties within the APE are listed in or recommended eligible for listing in the National Register.

EFFECT FINDING (Pursuant to 36 CFR 800.4(d)(1)) RR Culvert, # 091-406-G3-1 The undertaking will have “No Adverse Effect” on the RR Culvert.

INDOT, acting on behalf of the Federal Highway Administration (FHWA), has determined a “No Adverse Effect” finding is appropriate for this undertaking. INDOT respectfully requests the Indiana State Historic Preservation Officer (SHPO) provide written concurrence with the Section 106 determination of effect.

SECTION 106/SECTION 4(f) COMPLIANCE REQUIREMENTS (For historic properties) RR Culvert, # 091-406-G3-1 This undertaking will convert property from the RR Culvert, a Section 4(f) historic property, to a transportation use; INDOT, acting on FHWA’s behalf, has determined the appropriate Section 106 finding is “No Adverse Effect;” therefore, FHWA hereby intends to issue a “de minimus” finding for the RR Culvert,

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pursuant to SAFETEA-LU, thereby satisfying FHWAâ&#x20AC;&#x2122;s responsibilities under Section 4(f) for this historic property.

Consulting parties will be provided a copy of the project findings and determinations in accordance with FHWA and INDOT's Section 106 procedures. Comments will be accepted for 30 days upon receipt of the findings.

________________________ ___________________________

Anuradha V. Kumar, for FHWA Manager INDOT Cultural Resources

___________________________ Approval Date

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FEDERAL HIGHWAY ADMINISTRATION DOCUMENTATION OF SECTION 106 FINDING OF NO ADVERSE EFFECT SUBMITTED TO THE STATE HISTORIC PRESERVATION OFFICER PURSUANT TO 36 CFR Section 800.5(c) La Porte County Small Structure Replacement Project in Cool Spring Township, La Porte County; INDOT Des. No. 1401027 1. DESCRIPTION OF THE UNDERTAKING

La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with replacing the small structure No. 1115 carrying Otis Road over the East Arm of the Little Calumet River, Des. 1401027. The project is located on N. Otis Rd. between CR 50 N and Division Rd. in Cool Spring Township, La Porte County.

Sections 106 of the National Historic Preservation Act require Federal agencies to take into account the effects of their undertakings on historic properties. The federal involvement in the project is funding received from the FHWA. Originally, the project involved the construction of a new precast concrete three-sided structure to replace the existing pipe culvert. The proposed roadway profile would have been raised, and Type PF2 railing would have been positioned atop a reinforced concrete moment slab on the west side of the roadway. Gabion baskets wrapped in geotextiles would have been positioned behind the existing wingwalls and attached to the proposed structure’s wingwalls in order to retain the fill between the two structures. The total estimated amount of right-of-way acquisition was approximately 1.01 acres; of that amount, approximately, 0.345 acre would have been permanently acquired from the RR Culvert. Additionally, if stone wingwalls were found submerged on the eastern side of the c. 1892 Louisville, New Albany and Chicago Railroad double box stone culvert (“RR culvert;” # 091-406-G3-1), the historic property located adjacent to the small structure, then removal would be required for the purposes of this undertaking.

Section 106 calls for minimizing harm to historic properties when possible, and Section 4(f) of the Department of Transportation Act requires that if a feasible and prudent alternative to using a historic property exists, it must be chosen. INDOT Cultural Resources Office, La Porte County, and the designer discussed the matter, resulting in La Porte County and the designer’s decision to design a new alternative that would completely avoid any removal of the RR Culvert.

Therefore, the proposed scope now involves the construction of an integral, 55-ft. long, Type II, prestressed concrete I-beam bridge. Like the original scope, the roadway profile will be raised approximately 4 ft. 6 in. above the existing grade from the center of the RR culvert, to provide a minimum of 2 ft. of space below the bridge, providing more water flow. Also, the type PF-2 railing will remain part of the project scope to be positioned atop a reinforced concrete slab on both sides of the roadway, maximizing the motorist’s ability to see the historic RR culvert. Gabion baskets will no longer be part of the scope since the wingwalls will not be removed. Enclosed in Appendix E is a plan sheet illustrating the INDOT standard drawing of the PF-2 railing. The right-of-way acquisition has been increased from approximately 1.01 acres to 1.28 acres; of that latter amount, approximately, 0.345 acre will be permanently acquired from the boundary of the RR Culvert.

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The project area comprises a rural setting. Land uses in the vicinity of the small structure replacement are primarily residential and agricultural. The terrain throughout the project area is gently rolling, and the vegetative coverage includes landscape beds, lawn, and trees. No relocations of businesses or residents will occur as a result of this undertaking.

The need for this project is to protect adjacent properties from inundation during flood events. The combined crossings create 4.13 ft. of backwater. Flooding of the waterway has affected several adjacent landowners. The purpose of the project is to decrease the flooding in the area and to improve the safety of the Otis Rd. crossing over the East Fork of the Little Calumet River.

The proposed project will result in physical changes along the project alignment or visual changes within the viewshed. The most current plans are in Appendix E. The area of potential effects (APE) for the project was established based on the viewshed from the project alignment in all directions. See Appendix A for the APE map.

2. EFFORTS TO IDENTIFY HISTORIC PROPERTIES

The State and National Registers of Historic Places were checked for resources in La Porte County, and no properties listed were found within the project APE. The HABS/HAER/HALS databases were checked, and no existing listed properties were located within the project APE. The Indiana Historic Bridge Inventory, INDOT Bridge Inventories, and James Cooperâ&#x20AC;&#x2122;s inventories were checked, and no previously documented historical bridges were found within the project APE. The online ArcGIS Indiana Historic Buildings, Bridges, and Cemeteries Map shows the surveyed properties in La Porte County and has been updated since the 1989 La Porte County Interim Report. No above-ground structures were located within the project APE. No other structures were listed in any historical reference or survey. A qualified professional from Green 3, conducted a site visit of the project area on September 28, 2015. See Appendix B for Project Area Photographs.

Green 3 prepared a Historic Properties Report (HPR) (Wood, March 2017). See Appendix D for the summary of the HPR. One property was recommended eligible for inclusion in the NRHP: the RR Culvert, #091-406-G3-1.

Weintraut & Associates prepared the Phase I Archaeological Field Reconnaissance Survey Report (Arnold, September 2017). While one site was identified, it did not appear eligible for inclusion in the NRHP, resulting in no further work being recommended. See Appendix C for a summary of the Archaeology report.

The following parties/agencies were invited to become consulting parties to this project and were sent the early coordination letter and HPR on April 3, 2017, following INDOT Cultural Resources Office (CRO) approval. INDOT CRO subsequently forwarded the early coordination to the tribes on the same day. The State Historic Preservation Officer (SHPO) is an automatic consulting party; that office and others that accepted consulting party status are shown in boldface type below.

1.

2.

3.

4.

5.

6.

7.

Brian and Kelli Kalvaitis (property owners of the RR Culvert) Indiana Landmarks Northern Regional Office La Porte County Historical Society Museum La Porte County Historian Michigan City Historical Society Wanatah Historical Society Westville Community Historical Society

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8. Museum at Forest Park 9. Steven’s Museum, The John Hay Center, Depot Railroad Museum 10. La Porte County Commissioners 11. La Porte County Highway Department 12. Eastern Shawnee Tribe of Oklahoma 13. Forest County Potawatomi Community 14. Miami Tribe of Oklahoma 15. Peoria Tribe of Indians of Oklahoma 16. Pokagon Band of Potawatomi Indians On April 10, 2018, Green 3 received a response from the Miami Tribe of Oklahoma forwarded from INDOT CRO. The Miami Tribe of Oklahoma had no objections to the project and accepted the invitation to be a consulting party.

In their letter dated May 4, 2017, Indiana SHPO concurred with the conclusion of the HPR (Wood, March 2017) for the following property recommended eligible for listing in the NRHP: the RR Culvert, #091-406-G3-1.

Following INDOT CRO’s approval of the Archaeology Report (Arnold, September 2017), INDOT CRO forwarded an email to the Miami Tribe of Oklahoma on September 18, 2017, inviting them to review and comment on the archaeology report. Weintraut & Associates sent the archaeology report to IN SHPO the following day on September 19, 2017.

In their letter dated October 23, 2017, Indiana SHPO concurred with the conclusions of the Archaeological Report (Arnold, September 2017).

None of the other consulting parties provided any additional comments regarding the early coordination letter, HPR, or the Archaeology Report.

3. DESCRIBE AFFECTED HISTORIC PROPERTIES

RR Culvert, # 091-406-G3-1.

The RR Culvert exhibits the early bridge engineering design of using stone and reinforced concrete slabs in its construction before reinforced concrete became the universally used material for culverts over stone, steel and iron. The RR Culvert is eligible for inclusion in the National Register of Historic Places (NRHP) under Criterion A and Criterion C for its association with railroad expansion and engineering significance by exhibiting distinctive characteristics of a double box stone culvert.

4. DESCRIBE THE UNDERTAKING’S EFFECTS ON HISTORIC PROPERTIES

RR Culvert, # 091-406-G3-1.

While the proposed small structure replacement will require approximately 0.345 acres of permanent right-of-way from the boundary of the RR Culvert, it will not introduce elements that would diminish the integrity of the RR Culvert. The proposed undertaking will result in the visual enhancement of the RR culvert from the roadway by raising the profile grade of the roadway approximately 4 ft. 6 in. from the existing profile grade from the center of the RR culvert and placing PF-2 railing that will provide a visually-open barrier to view the RR culvert; and the eastern stone wingwalls will be dug out, enabling their visibility to motorists. Efforts to protect and preserve the RR culvert will be set as firm environmental commitments during the construction process.

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5. EXPLAIN APPLICATION OF CRITERIA OF ADVERSE EFFECT – INCLUDE CONDITIONS OR

FUTURE ACTIONS TO AVOID, MINIMIZE, OR MITIGATE ADVERSE EFFECTS According to CFR 800.5(a)(1), “an adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling, or association.”

RR Culvert. The project will cause a No Adverse Effect to the resource.

Per 800.5(a)(2)(i), the undertaking will not result in the “Physical destruction of or damage to all or part of the property”. There will be no physical damage to the RR culvert as a result of this project. Efforts to protect and preserve the RR culvert will be set as firm environmental commitments during the construction process.

Per 36 CFR 800.5(a)2(ii), the undertaking will cause no “Alteration of a property, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation and provision of handicapped access, that is not consistent with the Secretary’s Standards for the Treatment of Historic Properties and/or other applicable guidelines”.

Per 36 CFR 800.5(a)2(iii), the undertaking will not result in the “Removal of the property from its historic location”. The undertaking will not remove any part of the RR culvert. The buried stone wingwalls will be hand excavated and will have sheet piling placed in front of them for protection.

Per 36 CFR 800.5(a)2(iv), the undertaking will not result in the “Change of the character of the property’s use of or physical features within the property’s setting that contribute to its historic significance”. While the undertaking will acquire approximately 0.345 acres of permanent right-of-way from the RR culvert boundary for use during construction only, it will not adversely result in the change of character of the property’s use of or physical features within the property’s setting that contribute to its historic significance.

Per 36 CFR 800.5(a)2(v), the undertaking will not result in the “Introduction of visual, atmospheric or audible elements that diminish the integrity of the property’s significant historic features”. The existing conditions of the project area—the small structure underneath Otis Road, loosely piled riprap above the structure littered with debris, and unmaintained and overgrown vegetation—currently obstructs the view of the RR culvert from the existing profile grade of the roadway. The proposed undertaking will result in the visual enhancement of the RR culvert from the roadway by raising the profile grade of the roadway approximately 4 ft. 6 in. from the existing profile grade from the center of the RR culvert and placing PF-2 railing that will provide a visually-open barrier to view the RR culvert. The eastern stone wingwalls will be dug out and visible to motorists.

Per 36 CFR 800.5(a)2(vi), the undertaking will not cause the “Neglect of a property which causes its deterioration…” The undertaking will not cause neglect of the RR culvert.

Per 36 CFR 800.5(a)2(vii), the undertaking will not cause the “Transfer, lease, or sale of property out of Federal ownership or control…” The RR culvert is privately owned.

6. SUMMARY OF CONSULTING PARTIES AND PUBLIC VIEWS

Consulting party invitations: On April 3, 2017, the early coordination letter and consulting party invitations were distributed; the following parties were invited to become consulting parties: State

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Historic Preservation Officer (SHPO) (automatic), Indiana Landmarks (Northeast Regional Office), La Porte County Historian, Michigan City Historical Society, La Porte County Historical Society Museum, Wanatah Historical Society, Westville Community Historical Society, Museum at Forest Park, Steven’s Museum, The John Hay Center, Depot Railroad Museum, La Porte County Commissioners, La Porte County Highway Department, Eastern Shawnee Tribe of Oklahoma, Miami Tribe of Oklahoma, Peoria Tribe of Indians of Oklahoma, and Pokagon Band of Potawatomi Indians.

Responses to invitations: In addition to SHPO, the Miami Tribe of Oklahoma accepted the consulting party invitation.

Archaeology Report Submission: Weintraut & Associates prepared the Phase I Archaeological Field Reconnaissance Survey Report (Arnold, September 2017). While one site was identified, it did not appear eligible for inclusion in the NRHP, resulting in no further work being recommended. The report was sent to CPs (tribes only) and SHPO on September 18, 2018, and September 19, 2018, respectively.

SHPO Archaeology Report Response: In a letter dated October 23, 2017, Indiana SHPO concurred with the conclusions of the Archaeological Report (Arnold, September 2017).

HPR Submission: Green 3 prepared the HPR (Wood, March 2017). The HPR was sent to consulting parties on April 3, 2017. INDOT CRO subsequently forwarded the early coordination to the tribes on the same day.

SHPO HPR Response: In their letter dated May 4, 2017, Indiana SHPO concurred with the conclusion of the HPR (Wood, March 2017) for the following property recommended eligible for listing in the NRHP: the RR Culvert, #091-406-G3-1.

Follow-up Letter Response: On February 15, 2018, Green 3 sent a project update letter via email to the consulting parties, inviting the property owners of the RR Culvert to become consulting party members. The letter included a project scope update and the proposed effects upon the historic property, giving the consulting parties a chance to comment on these changes. On the same day, INDOT CRO sent a project update letter via email to the Miami Tribe of Oklahoma. In response, the property owner of the RR Culvert called Green 3 on February 26, 2018, accepting the invitation to be a consulting party. In their letter dated March 20, 2018, IN SHPO agreed with the suggestion of using ground penetrating radar (GPR) to determine if the RR culvert’s stone wingwalls extend beneath the roadway. They noted that “it seems appropriate that the project may adversely affect the integrity of the stone culvert by the possible removal of stones at the eastern wingwalls, viewshed, and setting changes.” IN SHPO agreed with the suggested mitigation efforts, and also asked a question about the placement and purpose of the gabion baskets. No other consulting parties had comments on the project update letter dated February 15, 2018.

Under the Section 4(f) of the Department of Transportation Act, a more feasible and prudent alternative to using a historic property was found extant and therefore chosen by the project sponsor. On May 24, 2018, Green 3 received the new alternative design for the small structure and reevaluated the above-ground area of potential effects (APE) against the expanded project area. Green 3 determined that the extant APE was sufficient because the expanded project area falls within the aboveground APE. In regards to the archaeological APE, INDOT CRO via email dated June 8, 2018, noted that the change fell well within the area sampled for archaeological resources during the shovel probe survey of the east side of Otis Rd. The proposed additional right-of-way on the west side of Otis Rd remains in disturbed soils noted by Weintraut & Associates. Therefore, no additional archaeological nor above-ground work is required.

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On July 2, 2018, Green 3 sent a project update letter via email to all consulting parties who received the initial early coordination letter at the request of INDOT CRO because of the multiple changes to the scope of the project. The letter included a project scope update, answers to the SHPO questions, and the proposed effects upon the historic property, giving the consulting parties a chance to comment on these changes. See Appendix F for Consulting Party Correspondence. On July 3, 2018, INDOT CRO sent a project update letter via email to the Miami Tribe of Oklahoma. In their letter dated August 6, 2018, IN SHPO agreed with Green 3’s “assessment that the current scope of work does not appear to diminish or adversely affect historic resources, and GPR no longer appears necessary to locate submerged stone of the culvert.”

This finding will be advertised as a legal notice in a local paper, the Herald-Argus (La Porte County), and the public will be given a 30-day period in which to comment on the finding of effects. This documentation will be revised to reflect any comments received.

APPENDICES

A. B. C. D. E. F.

Project Maps Project Area Photographs Archaeology Report Summary and Conclusions (Jackson, November 2017) Historic Property Report Summary and Conclusions (Wood, January 2018) Most Current Plans Consulting Party Correspondence

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APPENDIX A - PROJECT MAPS Source: Indiana County Outline Map, U.S. Geological Survey, IndianaMap, 2015; and Indiana Transportation Map, INDOT, 2011-2012

NTS

Project Location

STATE/COUNTY LOCATE MAP La Porte County Small Structure Replacement Project

Cool Spring Township, La Porte County, Indiana Des. No. 1401027 D-14

APPENDIX A - PROJECT MAPS Source: USGS Topographic Map for Westville, IN, x Geological Survey, IDNR, 1969.

Map Scale 1” = 24,000”

Project Location

Project Area

USGS TOPOGRAPHIC MAP La Porte County Small Structure Replacement Project

Cool Spring Township, La Porte County, Indiana Des. No. 1401027 D-15

APPENDIX A - PROJECT MAPS Source: IndianaMap, Indiana Spatial Data Portal, UITS, ESRI, Best Available Imagery Hyrbid.

CR 50 N

*

091-406-G3-1

N OTIS Rd.

Map Scale 1: 4,000

APE

Project Area (Project boundary details provided in text)

*

ID Number of Historic Resource Location

AERIAL PHOTO SHOWING APE La Porte County Small Structure Replacement Project

Cool Spring Township, La Porte County, Indiana Des. No. 1401027 D-16

APPENDIX A - PROJECT MAPS

N OTIS Rd.

Map Scale 1: 1,000

Project Area (Project boundary details provided in text)

*

Source: IndianaMap, Indiana Spatial Data Portal, UITS, ESRI, 2011 Imagery.

*

091-406-G3-1

ID Number of Historic Resource Location

Proposed NR boundary of 091-406-G3-1

AERIAL PHOTO MAP OF HISTORIC RESOURCES La Porte County Small Structure Replacement Project

Cool Spring Township, La Porte County, Indiana Des. No. 1401027 D-17

APPENDIX A - PROJECT MAPS Source: IndianaMap, Indiana Spatial Data Portal, UITS, ESRI, Best Available Imagery Hyrbid.

CR 50 N

*9-12 *6 *5 91-406-G3-1* *1-4 *7 N OTIS Rd.

Map Scale 1: 4,000

*8

Project Area (Project boundary details provided in text)

*

Number of Photo Location

*

ID Number of Historic Resource Location

AERIAL PHOTO KEY MAP La Porte County Small Structure Replacement Project

Cool Spring Township, La Porte County, Indiana Des. No. 1401027 D-18

1: Facing east on Otis Rd at project site

2: Facing north on Otis Rd at project site

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3: Facing west on Otis Rd at project site toward railroad double stone box culvert

4: Facing south on Otis Rd at project site

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5: Facing northeast from project site toward 491 Otis Rd. property barn

6: Facing east toward 491 Otis Rd. from northern end of project site

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7: Facing north toward project site

8: Facing south on Otis Rd at south end of APE

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9: Facing north on Otis Rd at W50N intersection

10: Facing east on W50N at Otis Rd intersection

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11: Facing northwest toward a private drive on W50N at Otis Rd intersection

12: Facing south toward project area on W50N at Otis Rd intersection

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ADDITIONAL PHOTOS OF THE RR CULVERT:

1: Facing northeast on west side of RR Culvert

2: Facing north on west side of RR Culvert

D-25

3: Facing east toward Otis Road underneath RR Culvert

4: Facing northeast on east side of RR Culvert

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5: Facing south on east side of RR Culvert

6: Facing northwest toward RR Culvert from Otis Rd.

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Archaeological Records Check and Phase Ia Reconnaissance:

Replacement of LaPorte County Small Structure No. 1115 on Otis Road over the East Arm of the Little Calumet River in Cool Spring Township, LaPorte County, Indiana Des. No. 1401027

Prepared for

USI Consultants & Indiana Department of Transportation/Federal Highway Administration Prepared by

Weintraut & Associates, Inc. ___________________________ Principal Investigator: Craig R. Arnold P.O. Box 5034 | Zionsville, Indiana| (317)733-9770 | (linda@weintrautinc.com) September 2017

Archaeological Report | September 2017 | Weintraut & Associates, inc.

i

D-28

Conclusions and Recommendations In response to a request from USI, W&A

• Archaeological clearance and no further work

archaeologists conducted an archaeological

recommended prior to construction for site

records check and a Phase Ia investigation for a

12LE0409 as it fails to meet any of the eli-

bridge replacement in Cool Spring Township,

gibility criteria necessary for listing in the

LaPorte County, Indiana. This investigation

NRHP and/or IRHSS.

was conducted in accordance with IDNRDHPA guidelines. The archaeological “survey

• Within the Historic Property Report, Green

area” totaled approximately 0.6 hectares (ha), or

3 LLC (Wood 2017) recommended an Out-

1.5 acres (ac), having in general an irregular

standing rating for an extant double-box

rect-angular shape. It was investigated by a

stone railway culvert located adjacent to the

shovel testing methodology.

north edge of the survey area. It is recommended as eligible under Criterion A for listing in the NRHP (Woods 2017). The

One new archaeological site (12LE0409) was

structure was constructed in 1892 with a

encountered during the Phase Ia archaeological

foundation of cut limestone block overtopped

field reconnaissance within the survey area. Site

with a thick concrete slab containing reinforc-

12LE0409 is multicomponent, containing a

ing rods and an earthen overburden placed to

light scatter of precontact chipped stone deb-

level it with the railroad grade. Avoidance of

itage flakes and historic ceramic and glass arti-

the structure is recommended.

facts recovered from three shovel probes. Due to the ephemeral nature, light artifact density,

However, these recommendations are made

and apparent lack of subsurface features or cul-

with the understanding that if any previously

tural strata, site 12LE0409 is recommended as

unidentified intact archaeological deposits or

not eligible for the NRHP and/or the IRHSS.

human remains are uncovered during construc-

No further archaeological work is warranted,

tion, demolition, or earthmoving activities,

and project clearance is recommended.

work within the area will stop and the IDNRDHPA will be notified of the discovery within

Therefore, based on the results of the back-

two (2) business days as required by Indiana

ground research and the Phase Ia archaeologi-

Code 14-21-1-27 and 29.

cal fieldwork, W&A offers the following recommendation:

Archaeological Report | September 2017 | Weintraut & Associates, inc.

37

D-29

La Porte County Small Structure Replacement HISTORIC PROPERTY REPORT

N. Otis Rd., Cool Spring Township, La Porte County, Indiana Des No. 1401027 March 2017 Prepared for: USI Consultants, Inc. 8415 E. 56th St. Indianapolis, IN 46216

Karen Wood, DHPA QP

Qualified Professional

Green3 LLC 1104 Prospect Street Indianapolis, Indiana 46203 p. 317.634.4110

f. 866.422.2046

e. karen@green3studio.com

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Management Summary The Federal Highway Administration (FHWA) and La Porte County plan to proceed with the small structure replacement project on N. Otis Rd. in Otis, Indiana. The La Porte County Small Structure Replacement Project is located on N. Otis Rd. between CR 50 N and Division Rd. in Cool Spring Township, La Porte County, Indiana (Des. No. 1401027).

The existing small structure, No. 1115, is an 8-foot-wide multi-plate pipe, which carries N. Otis Rd. over the East Arm of the Little Calumet River. The project involves the replacement of the existing small structure with a bridge length structure and associated profile grade raise to eliminate the over-the-road flow.

The area of potential effects (APE) of the project includes all properties directly adjacent to the proposed small structure replacement. The APE extends east over fields until the viewshed is obstructed by vegetation; it extends west into the heavily forested landscape just beyond the railroad double-box stone culvert, due to the view being obstructed by the raised railroad bed immediately west of the project site. The APE extends north and south along the roadway until the viewshed narrows due to heavily forested landscape and increased elevation of the roadway.

Karen Wood is a Historian and a DHPA Qualified Professional who meets the Secretary of the Interiorâ&#x20AC;&#x2122;s Professional Qualifications Standards. Ms. Wood served as the Principal Investigator on this project. Connie Zeigler, an Architectural Historian and a DHPA Qualified Professional, served as the architectural consultant on this project. Wood evaluated all properties within the APE and recommends one resource, 091-406-G3-1, a railroad double-box stone culvert, as eligible for listing in the National Register of Historic Places (NRHP).

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Conclusion The purpose of this report is to identify historic properties eligible for inclusion in the National Register of Historic Places within the Area of Potential Effects (APE) of the proposed project. In addition to individual resources, the project APE was also evaluated for previously unidentified districts, but none were found. One resource 091-406-G3-1, a railroad double-box stone culvert, c. 1892, was evaluated for NRHP-eligibility and was recommended eligible for the NRHP.

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NRHP Boundary of RR Culvert D-33

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Des 1401027 CP List State Historic Preservation Officer Div. of Historic Preservation and Archaeology Indiana Department of Natural Resources 402 West Washington Street, Room W274 Indianapolis, IN 46204 (automatic) Indiana Landmarks Northern Regional Office Todd Zeiger 402 W. Washington St. South Bend, IN 46601 TZeiger@indianalandmarks.org La Porte County Historical Society Museum Susie Richter 2405 Indiana Ave., Suite 1, La Porte, IN 46350 info@laportecountyhistory.org La Porte County Historian Fern E. Schultz 5817 W. Johnson Rd. La Porte, IN 46350 netster@csinet.net

Museum at Forest Park Indiana Transportation Museum 825 Park Dr. Noblesville, IN 46060 info@itm.org Stevenâ&#x20AC;&#x2122;s Museum, The John Hay Center Depot Railroad Museum 307 E. Market St. Salem, IN 47167 Info@johnhaycenter.org La Porte County Commissioners 555 Michigan Ave., Suite 202 La Porte, IN 46350 cgramarossa@LaPorteCounty.org rmrozinski@laportecounty.org vkora@laportecounty.org La Porte County Highway Department 1805 West 5th St. La Porte, IN 46350 ryoung@laportecounty.org Eastern Shawnee Tribe of Oklahoma

Michigan City Historical Society James Retseck PO Box 512 Michigan City, IN 46361 mchistorical@att.net Wanatah Historical Society Norman Grieger PO Box 156 Wanatah, IN 46390 whistsoc@frontier.com Westville Community Historical Society Cheryl Albert PO Box 395 Westville, IN 46391 Cjfarf36@yahoo.com

Forest County Potawatomi Community Miami Tribe of Oklahoma (Responded Yes) Peoria Tribe of Indians of Oklahoma Pokagon Band of Potawatomi Indians Brian and Kelli Kalvaitis 212 Otis Rd. Michigan City, IN 46360 (Responded Yes via telephone)

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100 North Senate Avenue Room N642 Indianapolis, Indiana 46204

PHONE: (317) 234-5168 FAX: (317) 233-4929

Eric Holcomb, Governor Joe McGuinness, Commissioner

April 3, 2017 Re:

La Porte County Small Structure Replacement Project, Des. 1401027, La Porte County, Indiana

Dear Consulting Party, The Federal Highway Administration (FHWA) and La Porte County plan to proceed with the La Porte County Small Structure Replacement Project (Des. No. 1401027). The La Porte County Small Structure Replacement Project involves the replacement of the existing small structure which carries Otis Road over East Fork of Little Calumet River. The project is located between CR 50 N and Division Rd. in Cool Spring Township, La Porte County, Indiana.

The project involves the replacement of the existing small structure, No. 1115, an 8-foot-wide multi-plate pipe. The new structure would provide an increased waterway area to alleviate the upstream flooding and eliminate the over-road flow caused by the existing undersized structure. All sediment build-up and debris would be cleared through the channel underneath the roadway and adjacent railroad bridge. The roadway profile would be raised to allow for enough water flow that could occur during the one-percent-chance storm event. Construction of retaining walls may be required to support the elevated profile.

Due to the nature of the proposed work, the Area of Potential Effects (APE) is relatively small, but includes all properties directly adjacent to the small structure all properties that have a proximate view of the project. The APE extends east over fields until the viewshed is obstructed by vegetation; it extends west into the heavily forested landscape just beyond the railroad double-box stone culvert, due to the view being obstructed by the raised railroad bed immediately west of the project site. The APE extends north and south along the roadway until the viewshed narrows due to heavily forested landscape and increased elevation of the roadway.

The need for this project is to address the inadequacy of the existing small structure during flooding events. The proposed project is located in a rural setting. Land uses in the vicinity of the small structure replacement are primarily residential and agricultural. The terrain throughout the project area is gently rolling, and the vegetative coverage includes landscape beds, lawn, and trees. Property acquisition for this project is currently undetermined, but some right-of-way will be required. No relocations of businesses or residents will occur as a result of this project.

Section 106 of the National Historic Preservation Act requires that Federal agencies take into account the effects of their undertakings on historic properties. In accordance with 36 CFR 800.2(c), you are hereby requested to be a consulting party to participate in the Section 106 process. This process involves efforts to identify historic properties potentially affected by the undertaking, assess the undertakingâ&#x20AC;&#x2122;s effects, and seek ways to avoid, minimize or mitigate any adverse effects on historic properties. www.in.gov/dot/ An Equal Opportunity Employer

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For more information on Section 106 of the NHPA and the Section 106 review process, we recommend reviewing the Advisory Council on Historic Preservation’s publication titled Protecting Historic Properties: A Citizen’s Guide to Section 106 Review. It can be downloaded at the following website: http://www.achp.gov/docs/CitizenGuide.pdf.

A Historic Property Report (HPR) was prepared for this project (Wood, March 2017). There are no properties within the APE that are listed on the National Register of Historic Places (NRHP). One property is recommended eligible for listing in the NRHP as a result of this study: 091-406-G3-1, a railroad double-box stone culvert.

Please note that a hard copy of the HPR (Wood, March 2017) is being submitted to the Indiana State Historic Preservation Officer (SHPO). In an effort to conserve resources, this letter and the HPR for this project can be viewed electronically by other consulting parties by accessing INDOT’s Section 106 document posting website IN SCOPE at http://erms.indot.in.gov/Section106Documents/. Please use the project identification details provided in the subject heading to search for the documents—the Des. No. is the easiest way to search. Green3 will provide a hard copy of the materials to any invited consulting party who makes such a request within seven (7) days of receipt of this notification. Please see the contact information below.

The SHPO and the Indiana Department of Transportation (INDOT) Cultural Resources Office (CRO) are automatic consulting parties. For all potential consulting parties, please reply by phone or email to accept consulting party status to the contact listed below. The invited consulting parties are: Indiana Landmarks, Northern Regional Office La Porte County Commissioners La Porte County Highway Department La Porte County Historical Society Museum La Porte County Historian Michigan City Historical Society Wanatah Historical Society Westville Community Historical Society Indiana Transportation Museum The John Hay Center-Depot Railroad Museum Eastern Shawnee Tribe of Oklahoma Forest County Potawatomi Community Miami Tribe of Oklahoma Peoria Tribe of Indians of Oklahoma Pokagon Band of Potawatomi Indians Per 36 CFR 800.3(f), we hereby request that the SHPO notify this office if the SHPO is aware of any other parties that may be entitled to be consulting parties or should be contacted as potential consulting parties for the project.

An archaeology report is forthcoming and will be submitted to the SHPO in hard copy once completed.

Once completed, Tribal contacts will be able to access the archaeology report by logging into IN SCOPE. For questions regarding Section 106, Tribal representatives may contact Michelle Allen with FHWA at 317-226-7344 or by email at Michelle.Allen@dot.gov or Shaun Miller at 317-233-6795 or by email at smiller@indot.gov.

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For questions concerning specific project details, you may contact Karen Wood of Green3 by phone at (317) 634-4110 or email to karen@green3studio.com. All future responses regarding the proposed project should be forwarded to Green3 at the following address: Ms. Karen Wood Green3 1104 Prospect Street Indianapolis, IN 46203 Please review the information and comment within thirty (30) calendar days of receipt. If we do not receive your response within 30 days, it will be assumed that your agency or organization feels that there will be no significant effects incurred as a result of the proposed project or that you wish to offer no opinions concerning this project.

Sincerely,

Anuradha V. Kumar, Manager Cultural Resources Office Environmental Services cc: INDOT CRO Indiana SHPO Indiana Landmarks, Northern Regional Office La Porte County Commissioners La Porte County Highway Department La Porte County Historical Society Museum La Porte County Historian Michigan City Historical Society Wanatah Historical Society Westville Community Historical Society Indiana Transportation Museum The John Hay Center-Depot Railroad Museum Eastern Shawnee Tribe of Oklahoma Forest County Potawatomi Community Miami Tribe of Oklahoma Peoria Tribe of Indians of Oklahoma Pokagon Band of Potawatomi Indians

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Karen Wood From: Sent: To:

Subject: Attachments:

Karen Wood Monday, April 3, 2017 2:56 PM 'tzeiger@indianalandmarks.org'; 'info@laportecountyhistory.org'; 'netster@csinet.net'; 'mchistorical@att.net'; 'Cjfarf36@yahoo.com'; 'whistsoc@frontier.com'; 'cjfarf36@yahoo.com'; 'info@itm.org'; 'Info@johnhaycenter.org' La Porte Co. Small Structure Replacement_Des1401027_Early Coordination Letter and Historic Properties Report_2017-04-03 LaPorteCoSmallStructureReplacement_Des1401027_HPR_2017-04-03.pdf; LaPorteCoSmallStructureReplacement_Des1401027_ECL_2017-04-03.pdf

Dear Consulting Party,

Attached is the Early Coordination Letter and Historic Properties Report for the above‐mentioned project. Please respond via email to karen@green3studio.com.

Thanks,

Karen Wood Historian Historic Preservation Coordinator

"Let the science and research of the historian find the fact and let his imagination and art make clear its significance."

George Trevelyan

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Karen Wood From: Sent: To: Cc: Subject: Attachments:

Miller, Shaun (INDOT) <smiller@indot.IN.gov> Monday, April 3, 2017 3:22 PM Robin Dushane; Diane Hunter; Logan Pappenfort; Michael LaRonge; Jason S. Wesaw - THPO Kennedy, Mary; Allen, Michelle (FHWA); Karen Wood; Kumar, Anuradha FW: La Porte Co. Small Structure Replacement_Des1401027_Early Coordination Letter and Historic Properties Report_2017-04-03 LaPorteCoSmallStructureReplacement_Des1401027_HPR_2017-04-03.pdf; LaPorteCoSmallStructureReplacement_Des1401027_ECL_2017-04-03.pdf

Des. No.: 1401027 Project Description: New Bridge, Other Construction, Replace Otis Road Bridge over Little Calumet River Location: LaPorte County _____________________________________________________________________________

Dear Consulting Party,

LaPorte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with replacing the bridge carrying Otis Road over the Little Calumet River in LaPorte County, Indiana.

Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effects of their undertakings on historic properties. The following agencies/individuals are being invited to become consulting parties:

Eastern Shawnee Tribe of Oklahoma Forest County Potawatomi Community Miami Tribe of Oklahoma Peoria Tribe of Indians of Oklahoma Pokagon Band of Potawatomi Indians Indiana Landmarks, Northern Regional Office La Porte County Commissioners La Porte County Highway Department La Porte County Historical Society Museum La Porte County Historian Michigan City Historical Society Wanatah Historical Society Westville Community Historical Society Indiana Transportation Museum The John Hay Center-Depot Railroad Museum

The attached letter is part of the early coordination phase of the environmental review process requesting comments associated with this project. We are requesting comments from your area of expertise regarding any possible environmental effects associated with this project. Please use the above DES Number and project description in your reply and your comments will be incorporated into the formal environmental study.

Please review the attached information and respond with your comments on any historic resource impacts incurred as a result of this project so that an environmental report can be completed. We also welcome your related opinions and other input to be considered in the preparation of the environmental document. If a hard copy of the materials is needed, please respond to this email with your request within seven (7) days.

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Consulting parties have 30 days from receipt of this information to review and provide comment. If we do not receive a response from an invited consulting party within thirty (30) days, it will then be assumed that agency or organization does not wish to become a consulting party. Therefore, if we do not receive a response within thirty (30) days, your agency or organization will not receive any further information on the project unless the scope of work changes.

An archaeological report will be prepared and placed in IN SCOPE at a later date for your review.

Thank you in advance for your input,

Shaun Miller Archaeological Team Lead INDOT, Cultural Resources Office smiller@indot.in.gov (317) 233‐6795

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Karen Wood From: Sent: To: Cc: Subject:

Miller, Shaun (INDOT) <smiller@indot.IN.gov> Monday, April 10, 2017 8:03 AM Karen Wood Kennedy, Mary FW: La Porte Co. Small Structure Replacement_Des1401027

Karen,

Please see below response from the Miami Tribe accepting consulting party status.

Thank you,

Shaun Miller Archaeological Team Lead INDOT, Cultural Resources Office smiller@indot.in.gov (317) 233‐6795

From: Allen, Michelle (FHWA) [mailto:michelle.allen@dot.gov] Sent: Monday, April 10, 2017 7:07 AM To: Miller, Shaun (INDOT) <smiller@indot.IN.gov> Subject: FW: La Porte Co. Small Structure Replacement_Des1401027

**** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. **** Shaun,

Please pass along to the project team.

Thanks, Michelle Allen

From: Diane Hunter [mailto:dhunter@miamination.com] Sent: Tuesday, April 04, 2017 11:35 AM To: Allen, Michelle (FHWA) Subject: La Porte Co. Small Structure Replacement_Des1401027

Dear Ms. Allen:

Aya, kikwehsitoole – I show you respect. My name is Diane Hunter, and I am the Tribal Historic Preservation Officer for the Federally Recognized Miami Tribe of Oklahoma. In this capacity, I am the Miami Tribe’s point of contact for all Section 106 issues.

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The Miami Tribe offers no objection to the above-mentioned project at this time, as we are not currently aware of existing documentation directly linking a specific Miami cultural or historic site to the project site. However, as this site is within the aboriginal homelands of the Miami Tribe, if any human remains or Native American cultural items falling under the Native American Graves Protection and Repatriation Act (NAGPRA) or archaeological evidence is discovered during any phase of this project, the Miami Tribe requests immediate consultation with the entity of jurisdiction for the location of discovery. In such a case, please contact me at 918-541-8966 or by email at dhunter@miamination.com to initiate consultation.

The Miami Tribe accepts the invitation to serve as a consulting party to the proposed project. In my capacity as Tribal Historic Preservation Officer I am the point of contact for consultation.

Respectfully,

Diane Hunter Tribal Historic Preservation Officer Miami Tribe of Oklahoma P.O. Box 1326 Miami, OK 74355

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Karen Wood From: Sent: To: Cc: Subject:

Coon, Matthew <mcoon@indot.IN.gov> Monday, September 18, 2017 3:02 PM 'dhunter@miamination.com' 'michelle.allen@dot.gov'; Miller, Shaun (INDOT); Karen Wood FHWA Project: Des. No. 1401027; LaPorte County Small Structure No. 1115, LaPorte County, Indiana

Des. No.: 1401027 Project Description: Replacement of LaPorte County Small Structure No. 1115 Location: Cool Spring Township, LaPorte County LaPorte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with the replacement of small structure no. 1115 (Des. 1401027) carrying North Otis Road over the East Arm of the Little Calumet River.

Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effects of their undertakings on historic properties. Please review the Archaeology Report located in IN‐SCOPE at http://erms.indot.in.gov/Section106Documents/ (the Des No. is the most efficient search term, once in IN‐SCOPE), and respond with your comments on any historic resource impacts incurred as a result of this project so that an environmental report can be completed. We also welcome your related opinions and other input to be considered in the preparation of the environmental document. If a hard copy of the materials is needed, please respond to this email with your request within seven (7) days.

Consulting parties have thirty (30 days) from receipt of this information to review and provide comment. If we do not receive a response from an invited consulting party in the time allotted, the project will proceed consistent with the proposed design. Therefore, if we do not receive a response within thirty (30) days, your agency or organization will not receive any further information on the project unless the scope of work changes.

Tribal contacts may contact Shaun Miller at smiller@indot.in.gov or 317‐233‐6795 or Michelle Allen at FHWA at michelle.allen@dot.gov or 317‐226‐7344.

Thank you in advance for your input,

Matt Coon Archaeologist, Cultural Resources Office INDOT Environmental Services 100 N. Senate Avenue, Room N642 Indianapolis, IN 46204 Phone: 317.233.2083

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100 North Senate Avenue Room N642 Indianapolis, Indiana 46204

PHONE: (317) 234-5168

Eric Holcomb, Governor Joe McGuinness, Commissioner

February 15, 2018 This letter was sent via email to the listed parties.

RE:

La Porte County Small Structure Replacement Project, N. Otis Rd., Cool Spring Township, La Porte County, Indiana, Des. No. 1401027, DHPA No. 20884

Dear Consulting Party, Pursuant to Section 106 of the National Historic Preservation Act (1966) and 36 CFR Part 800 (Revised January 2001 and incorporating amendments effective August 5, 2004), federal agencies are required to take into account the effects of their undertakings on historic and archaeological properties. La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with this project. Green 3, LLC is under contract with La Porte County to advance the environmental documentation for the referenced project.

Green 3 prepared a Historic Property Report (HPR; Wood, March 2017) for this project and it was submitted to the consulting parties on April 3, 2017. The HPR recognized that one resource in the project’s area of potential effects (APE) is eligible for listing on the National Register of Historic Places (NRHP): the c. 1892 Louisville, New Albany and Chicago Railroad double box stone culvert (“RR culvert;” # 091-406-G3-1). No other resources within the APE were recommended eligible for the NRHP. The State Historic Preservation Officer (SHPO) concurred with the HPR recommendations in their letter dated May 4, 2017. It should be noted that the only consulting parties to respond to the distribution of the HPR were the SHPO and the Miami Tribe of Oklahoma. In addition to those parties, the property owners of the land which contains the RR culvert are being sent this correspondence.

Current Proposed Project Scope The purpose of the project is to decrease the flooding in the area and to improve the safety of the Otis Rd. crossing over the East Fork of the Little Calumet River. The need for this project is to protect adjacent properties from inundation during flood events. The combined crossings create 4.13 ft. of backwater. Flooding of the waterway has affected several adjacent landowners.

La Porte County Small Structure No. 1115 is an eight-foot span by seven-foot rise multi-plate arch under fill carrying Otis Road over the East Fork of the Little Calumet River. Land use within the proposed project area consists of agricultural and riverine.

The proposed scope of Des. 1401027 involves the construction of a new precast concrete three-sided structure to replace the existing pipe culvert. Additionally, the proposed roadway profile will be raised above existing to provide a full depth pavement section across the structure which also provides more room for water flow, meeting the purpose and need of the project. Type PF-2 railing will be positioned atop a reinforced concrete moment slab on the west side of the roadway, maximizing the motorist’s ability to see the historic RR culvert yet also providing a rigid barrier. Gabion baskets wrapped in geotextiles will be positioned behind the existing wingwalls and attached to the proposed structure’s wingwalls in order to retain the fill between the two structures.

A total of approximately 1.01 acres of permanent right-of-way will be acquired for this project that includes approximately 600 square ft. of permanent right-of-way from the RR culvert. There will be no temporary right-ofway taken. Plans sheets for this project are enclosed; the historic property boundaries of the RR Culvert are www.in.gov/dot/ An Equal Opportunity Employer

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demarcated in light blue. It is likely that there are stone wingwalls on the eastern side of the RR culvert are submerged into the earth underneath the roadway. If they are extant, then they will have to be removed for purposes of the project.

Proposed Project Effects In respect to the RR Culvert, at this time we believe there will be an Adverse Effect to the historic property.

According to CFR 800.5(a)(1), “an adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling, or association.”

RR Culvert. The project will cause an Adverse Effect to the resource.

Per 800.5(a)(2)(i), the undertaking will not result in the “Physical destruction of or damage to all or part of the property”.

There will be no physical damage to the RR culvert as a result of this project. If parts of the RR culvert are removed, they will be removed professionally and carefully to not damage the structure.

Per 36 CFR 800.5(a)2(ii), the undertaking will cause no “Alteration of a property, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation and provision of handicapped access, that is not consistent with the Secretary’s Standards for the Treatment of Historic Properties and/or other applicable guidelines”.

Per 36 CFR 800.5(a)2(iii), the undertaking will result in the “Removal of the property from its historic location”.

Approximately 600 sq. ft. of permanent right-of-way will be taken from the RR culvert and it is likely that there are stone wingwalls on the eastern side of the RR culvert are submerged into the earth underneath the roadway. If they are extant, then they will have to be removed for purposes of the project.

Per 36 CFR 800.5(a)2(iv), the undertaking will result in the “Change of the character of the property’s use of or physical features within the property’s setting that contribute to its historic significance”. See above for the removal of the property per 36 CFR 800.5(a)2(iii).

Per 36 CFR 800.5(a)2(v), the undertaking will result in the “Introduction of visual, atmospheric or audible elements that diminish the integrity of the property’s significant historic features”. The proposed project includes raising the profile grade of the roadway that will obstruct the view of the RR culvert from motorists.

Per 36 CFR 800.5(a)2(vi), the undertaking will not cause the “Neglect of a property which causes its deterioration…” The undertaking will not cause neglect of the RR culvert.

Per 36 CFR 800.5(a)2(vii), the undertaking will not cause the “Transfer, lease, or sale of property out of Federal ownership or control…” The RR culvert is privately owned.

Because the project is anticipated to result in an adverse effect on the RR culvert, one or more of the following measures could be implemented as mitigation.     

Because the removal of the stone wingwalls on the eastern side of the RR culvert that are likely submerged into the earth, one option is to reposition them in front of the deteriorated stones at the bottom of south RR culvert abutment, providing scour protection and helping to preserve the RR culvert.

PF-2 type railing would maximize the motorist’s ability to see the RR culvert.

Install a historic marker placed along N. Otis Rd., explaining the significance of the RR culvert and history of the Monon Railroad.

The preparation of a National Register nomination form for the RR culvert would document the historic property.

The preparation of a Historic American Buildings Survey (HABS) / Historic American Engineering Record (HAER) / Historic American Landscapes Survey (HALS) documentation of the historic property.

www.in.gov/dot/ An Equal Opportunity Employer

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We look forward to comment and input from consulting parties regarding the project plans, effects of the project on the RR culvert, and which suggested mitigation measures might be appropriate. We are also interested in consulting party ideas for other possible mitigation measures.

Another option before completing the Section 106 process would be a ground penetrating radar (GPR) investigation of the roadway to attempt to confirm that stone elements are present beneath it. Since Otis Road is a fairly small local road, and therefore not likely to be filled with rebar, GPR might be effective for investigating whether stone blocks are in place beneath the road. However, itâ&#x20AC;&#x2122;s important to note that this would not result in an archaeological report. The stone, if present, is part of an above-ground resource that was determined eligible under NRHP Criteria A and C. If undertaken, it would be similar to when GPR is done to locate utilities. The operator would complete data processing to estimate the size and depth of the buried object, which would likely result in a brief technical report, but it would not be an archaeological report. We would appreciate consulting partiesâ&#x20AC;&#x2122; input on the value of GPR investigations before continuing on in the Section 106 process.

Should any consulting party desire an on-site meeting or conference call after reviewing the information, Green 3, LLC would be pleased to schedule such a meeting as soon as possible. Please let Green 3, LLC know if you believe a meeting would be helpful.

Please review the information and comment within thirty (30) calendar days of receipt. For questions concerning specific project details, you may contact Karen Wood of Green 3 at 317-634-4110 or karen@green3studio.com. All future responses regarding the proposed project should be forwarded to Green 3, LLC at the following address: Karen Wood Historian Green 3, LLC 1104 Prospect St. Indianapolis, IN 46203 Tribal contacts may contact Shaun Miller at smiller@indot.in.gov or 317- 233-6795 or Michelle Allen at FHWA at michelle.allen@dot.gov or 317-226-7344.

Sincerely,

Anuradha V. Kumar, Manager Cultural Resources Office Environmental Services Enclosures: Preliminary Plan Sheets Distribution List: SHPO FWHA Brian and Kelli Kalvaitis Miami Tribe of Oklahoma

www.in.gov/dot/ An Equal Opportunity Employer

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Karen Wood From: Sent: To: Cc: Subject:

Kennedy, Mary <MKENNEDY@indot.IN.gov> Thursday, February 15, 2018 3:18 PM Diane Hunter Karen Wood; Michelle Allen; Miller, Shaun (INDOT) FHWA Project: Des No. 1401027; Small Structure Replacement Project, La Porte County, IN - effects letter

Des. No.: 1401027 Project Description: Small Structure Replacement Location: 0.1 mile south of CR 50 N on Otis Road

La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from the Indiana Department of Transportation (INDOT), proposes to proceed with the La Porte County Small Structure Replacement Project, Des. 1401027.

Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effects of their undertakings on historic properties. An effects letter has been prepared and is ready for review and comment by consulting parties.

Please review the effects letter located in IN SCOPE at http://erms.indot.in.gov/Section106Documents/ (the Des. No. is the most efficient search term, once in IN SCOPE), and respond with your comments on any historic resource impacts incurred as a result of this project so that an environmental report can be completed. We also welcome your related opinions and other input to be considered in the preparation of the environmental document. If a hard copy of the materials is needed, please respond to this email with your request within seven (7) days. A hard copy of the effects letter has been mailed to the Indiana State Historic Preservation Officer (Indiana SHPO) and Brian and Kelli Kalvaitis on February 15, 2018.

Consulting parties have thirty (30) calendar days from receipt of this information to review and provide comment. If we do not receive a response from an invited consulting party in the time allotted, the project will proceed consistent with the proposed design. Therefore, if we do not receive a response within thirty (30) days, your agency or organization will not receive any further information on the project unless the scope of work changes.

Tribal contacts may contact Shaun Miller at smiller@indot.in.gov or 317‐233‐6795 or Michelle Allen at FHWA at michelle.allen@dot.gov or 317‐226‐7344.

Thank you in advance for your input,

Mary E. Kennedy Historic Bridge Specialist Cultural Resources Office Environmental Services 100 N. Senate Ave., Room N642 Indianapolis, IN 46204 Office: (317) 232‐5215 Email: mkennedy@indot.in.gov

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100 North Senate Avenue Room N642 Indianapolis, Indiana 46204

PHONE: (317) 234-5168

Eric Holcomb, Governor Joe McGuinness, Commissioner

July 2, 2018 This letter was sent via email to the listed parties.

RE:

La Porte County Small Structure Replacement Project, N. Otis Rd., Cool Spring Township, La Porte County, Indiana, Des. No. 1401027, DHPA No. 20884

Dear Consulting Party, La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with this project. Green 3, LLC is under contract with La Porte County to advance the environmental documentation for the referenced project.

Pursuant to Section 106 of the National Historic Preservation Act (1966) and 36 CFR Part 800 (Revised January 2001 and incorporating amendments effective August 5, 2004), federal agencies are required to take into account the effects of their undertakings on historic and archaeological properties. In a letter from INDOT dated February 15, 2018, you were updated on the proposed undertaking’s effects upon the historic property and the opportunity to comment on these effects.

This letter provides new scope changes and answers to the SHPO questions in their letter dated March 20, 2018. We now would like to give you the opportunity to comment on these changes and effects upon the historic property. You were provided access to the Historic Properties Report (HPR) (Wood, March 2017) via IN-SCOPE in the previous email and follow-up letter dated February 15, 2018. In response, Brian Kalvaitis, the property owner of the c. 1892 Louisville, New Albany and Chicago Railroad double box stone culvert (“RR culvert;” # 091-406-G3-1), called Green 3 on February 26, 2018, accepting to be a consulting party member.

Current Proposed Project Scope In the letter dated February 15, 2018, the proposed scope of Des. 1401027 involved the construction of a new precast concrete three-sided structure to replace the existing pipe culvert. The roadway profile would be raised above existing to provide more room for water flow. Type PF-2 railing would be positioned atop a reinforced concrete moment slab on the west side of the roadway. Gabion baskets wrapped in geotextiles would be positioned behind the existing wingwalls and attached to the proposed structure’s wingwalls in order to retain the fill between the two structures.

The proposed scope of Des. 1401027 now involves the construction of a new integral, 55-ft. long, Type II, prestressed concrete I-beam bridge. Like the original scope, the roadway profile will be raised approximately 4 ft. 6 in. above the existing grade from the center of the RR culvert, to provide a minimum of 2 ft. of space below the bridge, providing more water flow. Also, the type PF-2 railing will remain part of the project scope to be positioned atop a reinforced concrete slab on both sides of the roadway, maximizing the motorist’s ability to see the historic RR culvert. Enclosed is a plan sheet illustrating the INDOT standard drawing of the PF-2 railing.

Regarding the eastern stone wingwalls, ground penetrating radar (GPR) was deemed no longer necessary due to the assumption that the wingwalls were extant and buried beneath the roadway. The project scope now involves the www.in.gov/dot/ An Equal Opportunity Employer

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construction of a structure that will not require the removal of these stones. The hand excavation method will be used to uncover the buried eastern stone wingwalls and place sheet piling in front of them for protection.

The approximate permanent right-of-way will increase from 1.01 acres to 1.28 acres for this project, acquiring rightof-way on the northern and southern limits of the project. There will be no temporary right-of-way taken. Like the original scope, approximately 600 square ft. of permanent right-of-way will be acquired from the RR culvert. A plan sheet for this project is enclosed; the historic property boundaries of the RR Culvert are demarcated in light blue.

Due to the increase in size of the project area, Green 3’s QP reevaluated the size of the original area of potential effects (APE) for the above-ground resources and determined that it was sufficient for the current project area. In regards to archaeology, INDOT CRO staff reevaluated the archaeological APE and determined that the larger project area falls within the original APE, as shown in the archaeological report (Arnold, September 2017).

SHPO Correspondence On March 20, 2018, Green 3 received the IN SHPO letter regarding this project. They restated their concurrence with the conclusions of the Archaeological Report (Arnold, September 2017). Regarding the stone culvert, IN SHPO agreed with the suggestion of using GPR to determine if the RR culvert’s stone wingwalls extend beneath the roadway. They noted that “it seems appropriate that the project may adversely affect the integrity of the stone culvert by the possible removal of stones at the eastern wingwalls, viewshed, and setting changes . . . [and] gabion baskets wrapped in geotextiles will be positioned behind the existing wingwalls and attached to the proposed structure’s wingwalls in order to retain the fill between the two structures. Is this intended to replace existing submerged stone that is presumed to exist under the roadway?”

Green 3 Response: No, that was not the intention of the gabion baskets. However, due to the change in the project scope, gabion baskets are no longer part of the project scope since the wingwalls will not be removed. Regarding the GPR, see above for current proposed project scope.

Proposed Project Effects In respect to the RR Culvert, at this time we anticipate a finding of “No Adverse Effect” to the historic property.

According to CFR 800.5(a)(1), “an adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling, or association.”

RR Culvert. The project will cause a No Adverse Effect to the resource.

Per 800.5(a)(2)(i), the undertaking will not result in the “Physical destruction of or damage to all or part of the property”.

There will be no physical damage to the RR culvert as a result of this project. Efforts to protect and preserve the RR culvert will be set as firm environmental commitments during the construction process.

Per 36 CFR 800.5(a)2(ii), the undertaking will cause no “Alteration of a property, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation and provision of handicapped access, that is not consistent with the Secretary’s Standards for the Treatment of Historic Properties and/or other applicable guidelines”.

Per 36 CFR 800.5(a)2(iii), the undertaking will not result in the “Removal of the property from its historic location”. The undertaking will not remove any part of the RR culvert. The buried stone wingwalls will be hand excavated and will have sheet piling placed in front of them for protection.

Per 36 CFR 800.5(a)2(iv), the undertaking will not result in the “Change of the character of the property’s use of or physical features within the property’s setting that contribute to its historic significance”. While the undertaking will acquire approximately 600 square ft. of permanent right-of-way from the RR culvert for use during construction only, it will not adversely result in the change of character of the property’s use of or physical features within the property’s setting that contribute to its historic significance. www.in.gov/dot/ An Equal Opportunity Employer

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Per 36 CFR 800.5(a)2(v), the undertaking will not result in the “Introduction of visual, atmospheric or audible elements that diminish the integrity of the property’s significant historic features”. The existing conditions of the project area—the small structure underneath Otis Road, loosely piled riprap above the structure littered with debris, and unmaintained and overgrown vegetation—currently obstructs the view of the RR culvert from the existing profile grade of the roadway. The proposed undertaking will result in the visual enhancement of the RR culvert from the roadway by raising the profile grade of the roadway approximately 4 ft. 6 in. from the existing profile grade from the center of the RR culvert and placing PF-2 railing that will provide a visually-open barrier to view the RR culvert. The eastern stone wingwalls will be dug out and visible to motorists.

Per 36 CFR 800.5(a)2(vi), the undertaking will not cause the “Neglect of a property which causes its deterioration…” The undertaking will not cause neglect of the RR culvert.

Per 36 CFR 800.5(a)2(vii), the undertaking will not cause the “Transfer, lease, or sale of property out of Federal ownership or control…” The RR culvert is privately owned.

Since a finding of “No Adverse Effect” is anticipated, the previously discussed mitigation measures in the February 15, 2018 letter are no longer necessary.

Please review the information and comment within thirty (30) calendar days of receipt. For questions concerning specific project details, you may contact Karen Wood of Green 3 at 317-634-4110 or karen@green3studio.com. All future responses regarding the proposed project should be forwarded to Green 3, LLC at the following address: Karen Wood Historian Green 3, LLC 1104 Prospect St. Indianapolis, IN 46203 Tribal contacts may contact Shaun Miller at smiller@indot.in.gov or 317- 233-6795 or Michelle Allen at FHWA at michelle.allen@dot.gov or 317-226-7344.

Sincerely,

Anuradha V. Kumar, Manager Cultural Resources Office Environmental Services Enclosures: DHPA Letter dated 3/20/2018 Plan Sheet showing scope changes Plan Sheet showing INDOT standard drawing of PF-2 railing Distribution List: SHPO www.in.gov/dot/ An Equal Opportunity Employer

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FWHA Brian and Kelli Kalvaitis Indiana Landmarks Northern Regional Office La Porte County Historical Society Museum La Porte County Historian Michigan City Historical Society Wanatah Historical Society Westville Community Historical Society Museum at Forest Park Stevenâ&#x20AC;&#x2122;s Museum, The John Hay Center, Depot Railroad Museum La Porte County Commissioners La Porte County Highway Department Eastern Shawnee Tribe of Oklahoma Forest County Potawatomi Community Miami Tribe of Oklahoma Peoria Tribe of Indians of Oklahoma Pokagon Band of Potawatomi Indians

www.in.gov/dot/ An Equal Opportunity Employer

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Karen Wood From: Sent: To:

Cc: Subject: Attachments:

Karen Wood Monday, July 2, 2018 3:41 PM tzeiger@indianalandmarks.org; info@laportecountyhistory.org; netster@csinet.net; mchistorical@att.net; whistsoc@frontier.com; cjfarf36@yahoo.com; info@itm.org; Info@johnhaycenter.org; cgramarossa@laportecounty.org; rmrozinski@laportecounty.org; vkora@laoportecounty.org; ryoung@laportecounty.org Kennedy, Mary; Miller, Shaun (INDOT); 'michelle.allen@dot.gov' FHWA Project: Des. No. 1401027; Otis Road Small Structure Replacement, La Porte County OtisRdSSReplacement_des1401027_CPupdateetter-2018-07-2.pdf

Des. No. 1401027 Project Description: Small Structure Replacement carrying Otis Road over East Arm of the Little Calumet River Location: Cool Spring Township, La Porte County, Indiana

La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with replacing the small structure carrying Otis Road over the East Arm of the Little Calumet River, Des. 1401027.

As part of the Section 106 of the National Historic Preservation Act, a project update letter has been prepared and is ready for review and comment by consulting parties.

Please review the second project update letter located in IN‐SCOPE at http://erms.indot.in.gov/Section106Documents/ (the Des No. is the most efficient search term, once in IN‐SCOPE), and respond with your comments on any historic resource impacts incurred as a result of this project so that an environmental report can be completed. The Historic Properties Report, the Archaeology Report (for tribes only), and the first project update letter dated February 15, 2018, are also available in IN‐SCOPE. We also welcome your related opinions and other input to be considered in the preparation of the environmental document. If a hard copy of the materials is needed, please respond to this email with your request within seven (7) days. A hard copy of this letter has been mailed to the Indiana State Historic Preservation Officer (Indiana SHPO) on July 2,2018.

Consulting parties have thirty (30 days) from receipt of this information to review and provide comment. Tribal contacts may contact Shaun Miller at smiller@indot.in.gov or 317‐ 233‐6795 or Michelle Allen at FHWA at michelle.allen@dot.gov or 317‐226‐7344.

Thank you in advance for your input,

Karen Wood Historian Environmental and Cultural Resources Manager

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"Let the science and research of the historian find the fact and let his imagination and art make clear its significance."

George Trevelyan

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Karen Wood From: Sent: To: Cc: Subject: Attachments:

Kennedy, Mary <MKENNEDY@indot.IN.gov> Friday, July 6, 2018 10:10 AM 'Brett Barnes'; 'lpappenfort@peoriatribe.com'; Jason S. Wesaw - THPO; Allison Daniels Miller, Shaun (INDOT); Allen, Michelle (FHWA); Coon, Matthew; Karen Wood FHWA Project: Des. No. 1401027; Otis Road Small Structure Replacement, La Porte County OtisRdSSReplacement_des1401027_CPupdateetter-2018-07-2.pdf

Des. No. 1401027 Project Description: Small Structure Replacement carrying Otis Road over East Arm of the Little Calumet River Location: Cool Spring Township, La Porte County, Indiana ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with replacing the small structure carrying Otis Road over the East Arm of the Little Calumet River, Des. 1401027.

As part of the Section 106 of the National Historic Preservation Act, a project update letter has been prepared and is ready for review and comment by consulting parties.

Please review the second project update letter located in IN‐SCOPE at http://erms.indot.in.gov/Section106Documents/ (the Des No. is the most efficient search term, once in IN‐SCOPE), and respond with your comments on any historic resource impacts incurred as a result of this project so that an environmental report can be completed. The Historic Properties Report, the Archaeology Report (for tribes only), and the first project update letter dated February 15, 2018, are also available in IN‐SCOPE. We also welcome your related opinions and other input to be considered in the preparation of the environmental document. If a hard copy of the materials is needed, please respond to this email with your request within seven (7) days. A hard copy of this letter has been mailed to the Indiana State Historic Preservation Officer (Indiana SHPO) on July 2,2018.

Consulting parties have thirty (30 days) from receipt of this information to review and provide comment. Tribal contacts may contact Shaun Miller at smiller@indot.in.gov or 317‐ 233‐6795 or Michelle Allen at FHWA at michelle.allen@dot.gov or 317‐226‐7344.

Thank you in advance for your input,

Mary E. Kennedy Historic Bridge Specialist Cultural Resources Office Environmental Services 100 N. Senate Ave., Room N642‐ES Indianapolis, IN 46204 Office: (317) 232‐5215 Email: mkennedy@indot.in.gov

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100 North Senate Avenue Room N642 Indianapolis, Indiana 46204

PHONE: (317) 234-5168

Eric Holcomb, Governor Joe McGuinness, Commissioner

September 13, 2018 This letter was sent to the listed parties.

Re: La Porte County Small Structure Replacement Project, N. Otis Rd., Cool Spring Township, La Porte County, Indiana, Des. No. 1401027, DHPA No. 20884 Dear Consulting Parties, La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with replacing the small structure carrying Otis Road over the East Arm of the Little Calumet River, Des. 1401027.

INDOT, on behalf of FHWA has signed a determination of “No Adverse Effect” for this Section 106 undertaking.

In accordance with 36 CFR 800.5(c), you and the other consulting parties are being provided the documentation for this finding. You can view the determination of “No Adverse Effect” electronically by accessing INDOT’s Section 106 document posting website IN SCOPE at http://erms.indot.in.gov/Section106Documents/ (the Des. No. is the most efficient search term, once in IN SCOPE). If a hard copy of the materials is needed, please respond to this email with your request within seven (7) days.

Consulting parties have thirty (30) calendar days from receipt of this information to review and provide comment.

For questions concerning specific project details, you may contact Karen Wood at (317) 634-4110 or e-mail to karen@green3studio.com. All future responses regarding the proposed project should be forwarded to Green 3, LLC at the following address: Karen Wood Historian Green 3 LLC 1104 Prospect Street Indianapolis, IN 46203 karen@green3studio.com Tribal contacts may contact Shaun Miller at smiller@indot.in.gov or 317- 233-6795 or Michelle Allen at FHWA at michelle.allen@dot.gov or 317-226-7344.

Sincerely,

www.in.gov/dot/ An Equal Opportunity Employer D-62

Anuradha V. Kumar, Manager Cultural Resources Office Environmental Services

Enclosures: 800.11 documentation (this may be found on the IN-SCOPE site if you are receiving this letter by email) Distribution List: SHPO FWHA Brian and Kelli Kalvaitis Miami Tribe of Oklahoma

www.in.gov/dot/ An Equal Opportunity Employer D-63

Karen Wood From: Sent: To: Cc: Subject:

Kennedy, Mary <MKENNEDY@indot.IN.gov> Friday, September 14, 2018 8:53 AM Diane Hunter Miller, Shaun (INDOT); Allen, Michelle (FHWA); Branigin, Susan; Karen Wood; Coon, Matthew FHWA Project: Des. No. 1401027; Otis Road Small Structure Replacement, La Porte County, IN - NAE finding

Des. No.: 1401027 Project Description: Small Structure Replacement carrying Otis Road over East Arm of the Little Calumet River Location: Cool Spring Township, La Porte County, Indiana La Porte County, with funding from the Federal Highway Administration (FHWA) and administrative oversight from INDOT, proposes to proceed with replacing the small structure carrying Otis Road over the East Arm of the Little Calumet River, Des. 1401027.

INDOT, on behalf of FHWA has signed a determination of “No Adverse Effect” for this Section 106 undertaking. In accordance with 36 CFR 800.4(d), you and the other consulting parties that responded to the early coordination letter are being provided the documentation for this finding. You can view the determination of “No Adverse Effect” electronically by accessing INDOT’s Section 106 document posting website IN SCOPE at http://erms.indot.in.gov/Section106Documents/ (the Des. No. is the most efficient search term, once in IN SCOPE). If a hard copy of the materials is needed, please respond to this email with your request within seven (7) days. Hard copies have been mailed to SHPO and the property owner of the historic property on September 13, 2018.

Consulting parties have thirty (30) calendar days from receipt of this information to review and provide comment. Tribal contacts may contact Shaun Miller at smiller@indot.in.gov or 317‐233‐6795 or Michelle Allen at FHWA at michelle.allen@dot.gov or 317‐226‐7344.

Thank you in advance for your input,

Mary E. Kennedy Historic Bridge Specialist Cultural Resources Office Environmental Services 100 N. Senate Ave., Room N642‐ES Indianapolis, IN 46204 Office: (317) 232‐5215 Email: mkennedy@indot.in.gov

*Updated Historic Property Report (HPR) guidelines can be found here *Design Memorandum 18‐02 regarding the new procedures for Historic Bridge Alternatives Analysis Documents can be found here: http://www.in.gov/dot/div/contracts/standards/memos/2018/18‐02%20ta%20Historic%20Bridge.pdf

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APPENDIX E â&#x20AC;&#x201C; RED FLAG AND HAZARDOUS MATERIALS

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Date:

August 27, 2018

To:

Site Assessment and Management Environmental Services Indiana Department of Transportation 100 N Senate Avenue, Room N642 Indianapolis, IN 46204

From:

Kevin McLane LaPorte District (Project Location) 1104 Prospect Street Indianapolis, IN kevin@green3studio.com

Re:

LOCAL PUBLIC AGENCY (LPA) RED FLAG INVESTIGATION DES # 1401027 Otis Road over East Arm Little Calumet River Small Structure Replacement N. Otis Road, over the East Arm Little Calumet River, approximately 0.08 miles south of W 50 N Town of Otis, LaPorte County, Indiana

A review of the original RFI signed on July 18, 2017, for the above DES did not indicate that substantive changes have not occurred within the 0.5-mile radius that will have a substantive impact to the project. The following items should be considered as part of the RFI for the project.

This document should be attached to the original, signed RFI. 1. IDEM 303d Listed Rivers and Streams (Impaired): Seven (7) impaired stream segments are located within the 0.5-mile search radius of the project location. The East Arm Little Calumet River is located within the project area and is carried under Otis Rd by the existing structure.

According to the IDEM Online E303d Tool, the section of the East Arm Little Calumet River in the project area is listed as impaired for Dissolved Oxygen, E. coli, and Impaired Biotic Communities.

Recommendations: Due to the presence of the Impaired Biotic Community, coordination with INDOT ES Ecology and Waterway Permitting should occur. Workers who are working in or near water with E. coli should take care to wear appropriate Personal Protection Equipment (PPE), observe proper hygiene procedures, including regular hand washing, and limit personal exposure.

2. Ecological Information: An inquiry using the USFWS Information for Planning and Consultation (IPaC) website did not indicate the presence of the federally endangered species, the Rusty Patched Bumble Bee, in or within the 0.5-mile of the project area. Since the site is not mapped within the high potential zone of the speciesâ&#x20AC;&#x2122; distribution, no impact is expected.

INDOT ES Concurrence:

September 17, 2018

Prepared by: Kevin McLane, Ecologist Green 3, LLC

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Date: April 11, 2017 (Updated on 6/12/17) From: Kevin McLane LaPorte District (Project Location) 1104 Prospect Street Indianapolis, IN kevin@green3studio.com Re:

LOCAL PUBLIC AGENCY (LPA) RED FLAG INVESTIGATION DES # 1401027 Otis Road over East Arm Little Calumet River Small Structure Replacement N. Otis Road, over the East Arm Little Calumet River, approx. 0.08 miles south of W 50 N Town of Otis, LaPorte County, Indiana

NARRATIVE This project involves the replacement of the small structure No. 1115, which carries N. Otis Rd. over the East Arm Little Calumet River. The existing small structure is an 8-foot wide multi-plate pipe. The new structure type has not yet been determined, but the new structure would provide an increased waterway area to alleviate the upstream flooding and eliminate the over road flow caused by the existing undersized structure. All sediment build-up and debris would be cleared through the channel underneath the roadway and adjacent railroad culvert. The roadway profile would be raised to allow for enough water flow that could occur during flooding events. Construction of retaining walls may be required to support the elevated profile.

It is currently not known whether any tree removal will be required for the project. It is anticipated that right-ofway acquisition will be required for this project; however, amounts are not yet known. It is anticipated that maintenance of traffic during construction will require a road closure and use of a detour. No relocations of residences or businesses will be required for this project.

SUMMARY Infrastructure Religious Facilities Airports Cemeteries Hospitals Schools

N/A N/A N/A N/A N/A

Recreational Facilities Pipelines Railroads Trails Managed Lands

N/A 2 1 N/A N/A

Explanation: (Please provide a separate paragraph for each item.)

Pipelines: Two (2) pipelines are located within the 0.5-mile search radius of the project location. The closest pipeline, The Lakehead Pipe Line Company Inc., is located approximately 0.04 mile south of the limits of the project area. Since the pipeline is located outside the project area, no impacts will occur.

Railroads: One (1) railroad is located within the 0.5-mile search radius of the project location. The closest railroad, previously part of the Monon Railroad/Louisville and Nashville Railroad and then owned by CSX Transportation, is abandoned and located adjacent to Otis Rd and the old stone railway bridge is within 10 ft of E-3

the west side of the existing structure. Coordination will occur with INDOT Cultural Resources Office (CRO) and IDNR Division of Historical Preservation and Archaeology (DHPA).

Environmental Concerns Brownfield Sites Corrective Action Sites (RCRA) Confined Feeding Operations Construction Demolition Waste Industrial Waste Sites (RCRA Generators) Infectious/Medical Waste Sites

N/A N/A N/A N/A

Restricted Waste Sites Septage Waste Sites Solid Waste Landfills State Cleanup Sites

N/A N/A N/A N/A

N/A

Tire Waste Sites

N/A

N/A

N/A

Lagoon/Surface Impoundments

N/A

Leaking Underground Storage Tanks (LUSTs)

N/A

Manufactured Gas Plant Sites

N/A

NPDES Facilities NPDES Pipe Locations Open Dump Sites

N/A N/A N/A

Waste Transfer Stations RCRA Waste Treatment, Storage, and Disposal Sites (TSDs) Underground Storage Tanks (UST) Voluntary Remediation Program Superfund Institutional Control Sites

N/A N/A N/A N/A N/A

RCRA= Resource Conservation and Recovery Act; NPDES= National Pollutant Discharge Elimination System

Explanation: (Please provide a separate paragraph for each item.)

There are no HazMat concerns within the 0.5-mile search radius of the project location.

Water Resources NWI - Points Karst Springs Canal Structures â&#x20AC;&#x201C; Historic NWI - Lines IDEM 303d Listed Rivers and Streams (Impaired) Rivers and Streams Canal Routes - Historic Urban Area Boundary (UAB) NWI= National Wetlands Inventory

N/A N/A N/A N/A

NWI - Wetlands IDEM 303d Listed Lakes Lakes Floodplain - DFIRM

30 N/A 8 2

N/A

Cave Entrance Density

N/A

8 N/A

Sinkhole Areas Sinking-Stream Basins

N/A N/A

N/A

Explanation: (Please provide a separate paragraph for each item.)

Rivers and Streams: Eight (8) river and stream segments are located within the 0.5-mile search radius of the project location. The closest river/stream, East Arm Little Calumet River, is located within the project area and is carried under Otis Rd. by the existing structure. A wetland delineation/ Waters of the U.S. Report will be E-4

completed and coordination with INDOT Ecology and Waterway Permitting will occur.

NWI-Wetlands: Thirty (30) wetlands are located within the 0.5-mile search radius of the project location. The closest mapped wetland, a freshwater forested wetland (PFO1C), is located approximately 0.02 mile southwest of the project area. According to the USFWS Wetland Mapper V.2, the NWI map has been updated to include a freshwater forested wetland boundary directly touching the east end of the culvert structure. Since the wetlands are located within the project, a wetland delineation/ Waters of the U.S. Report will be completed and coordination with INDOT Ecology and Waterway Permitting will occur.

Lakes: Eight (8) lakes are located within the 0.5-mile search radius of the project location. The closest lake, an unnamed swamp/marsh, is located approximately 0.14 mile southwest of the project area. Since the lakes are located outside the project area, no impacts will occur.

Floodplains: Two (2) floodplains are located within the 0.5-mile search radius of the project location. The project is within the floodplain of the East Arm Little Calumet River. A wetland delineation/ Waters of the U.S. Report will be completed and coordination with INDOT Ecology and Waterway Permitting will occur.

Mining/Mineral Exploration Petroleum Wells Mines â&#x20AC;&#x201C; Surface

N/A N/A

Petroleum Fields Mines â&#x20AC;&#x201C; Underground

N/A N/A

Explanation: (Please provide a separate paragraph for each item.)

There are no Mining/Mineral resources within the 0.5-mile search radius of the project location.

Ecological Information The LaPorte County listing of the Indiana Natural Heritage Data Center information endangered, threatened, or rare (ETR) species and high quality natural communities is attached with ETR species highlighted. Early coordination with IDNR and USFWS will occur.

A review of the USFWS database did indicate the presence of endangered bat species in or within 0.5 mile of the project area. Based on aerial review of the project area suitable habitat, such as forests or trees with loose hanging bark, may exist in the project area. It is currently not known whether any tree removal will be required for the project. An inspection report for the small structure was not found in BIAS. Additional investigation to confirm the presence or absence of bats in the small structure will be necessary. Preparation of the Scoping Sheet for the Indiana bat and Northern long-eared bat Range-Wide Programmatic Informal Consultation will be necessary. Preparation of the Project Submittal Form for the Range-wide Programmatic Consultation for Indiana Bat and Northern Long-Eared Bat will be required. Additional coordination with INDOT ES will be necessary. $Q LQTXLU\ XVLQJ WKH 86):6 ,QIRUPDWLRQ IRU 3ODQQLQJ DQG &RQVXOWDWLRQ ,3D& ZHEVLWH GLG QRW LQGLFDWH WKH SUHVHQFH RI WKH IHGHUDOO\ HQGDQJHUHG VSHFLHV WKH 5XVW\ 3DWFKHG %XPEOHEHH LQ RU ZLWKLQ PLOH RI WKH SURMHFW DUHD 1R LPSDFW LV H[SHFWHG Cultural Resources Based on review of the current scope of this project, it is anticipated that full Section 106 coordination will be necessary. Coordination will occur with INDOT ES Cultural Resources.

E-5

RECOMMENDATIONS Include recommendations from each section. If there are no recommendations, please indicate N/A: INFRASTRUCTURE: One (1) abandoned railroad bridge is located within the project area. Coordination will occur with INDOT Cultural Resources Office (CRO) and IDNR Division of Historical Preservation and Archaeology (DHPA) to ensure that there are no impacts to historic resources.

WATER RESOURCES: The presence of the following water resources will require the preparation of a Waters of the U.S. Report and coordination with INDOT ES Ecology and Waterway Permitting: x x x

One (1) stream segment, East Arm Little Calumet River, flows through the project area.

The project area is located within a floodplain of East Arm Little Calumet River.

Two (2) wetlands are mapped adjacent to or within the project area.

MINING/MINERAL EXPLORATION: N/A HAZMAT CONCERNS: N/A ECOLOGICAL INFORMATION: Early coordination with USFWS and IDNR will occur. A review of the USFWS database indicated the presence of endangered bat species in or within 0.5 mile of the project area. An inspection report for the small structure was not found in BIAS. Additional investigation to confirm the presence or absence of bats in the small structure will be necessary. Preparation of the Scoping Worksheet for the Range-Wide Programmatic Information Consultation for Indiana Bat and Northern Long-Eared Bat will be required. Preparation of the Project Submittal Form for the Range-wide Programmatic Consultation for Indiana Bat and Northern Long-Eared Bat will be required. Additional coordination with INDOT ES will be necessary.

CULTURAL RESOURCES: Based on review of the current scope of this project, full Section 106 coordination will be necessary. Coordination will occur with INDOT E6 Cultural Resources.

$PODVSSFODF */%05 &4 Marlene

Mathas

Digitally signed by Marlene Mathas DN: cn=Marlene Mathas, o=INDOT Environmental Services, ou=Hazardous Materials, email=mmathas@indot.in.gov, c=US Date: 2017.07.18 14:53:51 -04'00'

Prepared By: Kevin McLane NEPA Document Preparer Green 3 LLC Graphics: A map for each report section with a ½ mile radius buffer around all project area(s) showing all items identified as possible items of concern is attached. If there is not a section map included, please change the YES to N/A: E-6

GENERAL SITE MAP SHOWING PROJECT AREA: YES INFRASTRUCTURE: YES WATER RESOURCES: YES MINING/MINERAL EXPLORATION: N/A HAZMAT CONCERNS: N/A

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Red Flag Investigation - Infrastructure Otis Rd over East Arm Little Calumet River Small Structure Replacement, Des. 1401027 LaPorte County, Indiana

º State of Indiana

0.15

0.075

0

0.15 Miles

Sources: Non Orthophotography Data - Obtained from the State of Indiana Geographical Information Office Library Orthophotography - Obtained from Indiana Map Framework Data (www.indianamap.org) Map Projection: UTM Zone 16 N Map Datum: NAD83

This map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purposes.

0 # I p

Religious Facility Religious Facility Indiana Map Airport

_

Recreation Facility

Project Area

Pipeline

Half Mile Radius

Railroad

Interstate State Route

Ý

Cemeteries

Trails

® v

Hospital

Managed Lands

US Route

m n

School

County Boundary

Local Road

E-8

Red Flag Investigation - Water Resources Otis Rd over East Arm Little Calumet River Small Structure Replacement, Des. 1401027 LaPorte County, Indiana

º State of Indiana

0.15

0.075

0

Sources: Non Orthophotography Data - Obtained from the State of Indiana Geographical Information Office Library Orthophotography - Obtained from Indiana Map Framework Data (www.indianamap.org) Map Projection: UTM Zone 16 N Map Datum: NAD83

This map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purposes.

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APPENDIX Fâ&#x20AC;&#x201C; WATER RESOURCES

F-1

Otis Rd over East Arm Little Calumet River Small Structure Replacement DES 1401027, LaPorte County, Indiana

WETLAND DELINEATION AND WATERS OF THE U.S. DETERMINATION REPORT Otis Road over East Arm Little Calumet River Small Structure Replacement LaPorte County, Indiana Designation Number: 1401027 Prepared By: Kevin McLane Ecologist, Green3, LLC kevin@green3studio.com Date of Report Completion: June 22, 2017 Date of Waters Field Investigation: May 25, 2017 Location: Section 32, Township 37 N, Range 4 W Westville Quadrangle LaPorte County, Indiana Great Lakes Region, Southwestern Lake Michigan Basin, 8-Digit Code: 04040001

Project Description This proposed project involves the replacement of Small Structure #1115 that carries the East Arm Little Calumet River under Otis Road, approximately 0.09 mile south of County Road W 50 N. The purpose of the project is to replace the small structure with a hydraulically adequate structure. The need for this project is due to the upstream flooding that has been occurring and impacting neighboring residences as a result of the hydraulic inadequacy of the structure.

The existing culvert is an 8-foot multi-plate arch under fill. The roadway profile will be raised to allow additional freeboard through the structure. Right-of-way acquisition is anticipated due to the construction of more stable roadway side-slopes for the increase in roadway profile.

National Wetland Inventory (NWI) Information: Two NWI wetlands were identified in or adjacent to the project area on the National Wetland Inventory (NWI) Wetland Map (Figure 2). The wetland within the proposed project area is a PFO1A forested/shrub wetland along the east side of Otis Road and along the floodplain of the stream. The wetland adjacent to the project area on the west side is a PFO1C forested/shrub wetland, approximately 0.01 mile west of the culvert structure. Both of these wetlands appear to follow the floodplain limits of the East Arm Little Calumet River. During the site visit conducted on May 25, 2017, three data points were taken as representative samples of the project areaâ&#x20AC;&#x2122;s vegetative community, soils and hydrology. Refer to Data Points & Wetland Analysis sections for results.

F-2

Otis Rd over East Arm Little Calumet River Small Structure Replacement DES 1401027, LaPorte County, Indiana

National Hydrography Dataset: One surface water, East Arm Little Calumet River, was identified in the project area and flows through the culvert structure that is proposed for replacement. This feature was identified as a blue-line stream on the US Geological Survey (USGS) topographic map, National Hydrography Dataset, and NWI Map. East Arm Little Calumet River appears to be a perennial stream that passes through the project location. The upstream drainage of East Arm Little Calumet River at the project site is 8.201 square miles (USGS StreamStats, Version 4.0: http://streamstatsags.cr.usgs.gov/streamstats/).

Soils: According to the Soil Survey Geographic (SSURGO) Database for LaPorte County, Indiana, the project area contains one soil unit, Washtenaw silt loam. This soil is listed as hydric. (Table 1, Figure 3).

Table 1. Soil Types Within the Otis Rd. over East Arm Little Calumet River Project Area Soil abbreviation Soil name Hydric Soil Rating Wh Washtenaw silt loam 100% hydric rating.

Investigation Methodology: Kevin McLane and Aimee Anderson of Green3, LLC conducted a Waters of the U.S. Determination/Wetland Delineation for the proposed small structure replacement project on May 25, 2017. The delineation of wetlands and other â&#x20AC;&#x153;Waters of the U.S.â&#x20AC;? on the site were based on the methodology described in the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Environmental Laboratory, August 2010) as required by current USACE policy. Soil characteristics were compared to indicators listed in the Field Indicators of Hydric Soils in the United States: A Guide for Identifying and Delineating Hydric Soils, Version 7.0., to determine if hydric soils were present. Observed vegetation was documented using Wetland Determination Data Forms for the Midwest Region that are included with this report. 16 photographs of the site and their locations and orientations are included in the photographs and figures section of this report.

Site Investigation Site Description The project site is located on Otis Road, approximately 0.09 mile south of County Road W 50 N in LaPorte County, Indiana. The project area investigated includes roadside vegetation, a stream, pasture, and an abandoned raised railway embankment and bridge.

Adjacent land use is agricultural and forested. One Waters of the U.S. stream, East Arm Little Calumet River, and no wetlands were identified during the field visit on May 25, 2017.

F-3

Otis Rd over East Arm Little Calumet River Small Structure Replacement DES 1401027, LaPorte County, Indiana

Soil Sample (Data) Points A total of three data points were investigated to determine if wetlands were present. A summary of the data points follows: Sample Point 1 (SP1) was taken along the west side of Otis Rd., south of the culvert outlet and within RSD 1. Dominant vegetation in the community included amur honeysuckle (Lonicera maackii), tall fescue (Schedonorus arundinaceus), and orchard grass (Dactylis glomerata). Hydrophytic vegetation accounted for only 14.3% of dominant vegetation present at this sample point, therefore, this point did not meet the indicators for hydrophytic vegetation. The soil sample included: a three-inch sandy loam layer with 10YR 3/2, a 10YR 5/4 and 10YR 4/3 layer from three to fifteen inches, followed by a 10YR 4/3 sandy loam from fifteen to twenty inches. The soil did not correspond any hydric soil indicators. Only one secondary indicator of wetland hydrology was observed, geomorphic position; therefore, this point did not meet the criteria for wetland hydrology. Because all three wetland criteria were not met, this sample point is not located within a wetland.

Sample Point 2 (SP2) was taken along the west side of Otis Rd., north of the culvert outlet and within RSD 2. Dominant vegetation in the community included black walnut (Juglans nigra), tall fescue (Schedonorus arundinaceus) and Virginia waterleaf (Hydrophyllum virginianum). Hydrophytic vegetation accounted for only 20% of dominant vegetation present at this sample point, therefore, this point did not meet the indicators for hydrophytic vegetation. The soil sample included: a seven-inch sandy loam layer with 10YR 2/2 followed by a 10YR 3/3 sandy loam from seven to twenty inches.

The soil did not correspond any hydric soil indicators. Only one secondary indicator of wetland hydrology was observed, geomorphic position; therefore, this point did not meet the criteria for wetland hydrology. Because all three wetland criteria were not met, this sample point is not located within a wetland.

Sample Point 3 (SP3) was taken within the pasture on the east side of Otis Rd., along the south banks of East Arm Little Calumet River. Dominant vegetation in the community included common pasture grasses, such as orchard grass (Dactylis glomerata), tall fescue (Schedonorus arundinaceus) and purpletop tridens (Tridens flavus). Hydrophytic vegetation accounted for only 25% of dominant vegetation present at this sample point; therefore, this point did not meet the indicators for hydrophytic vegetation. The soil sample met the criteria for the depleted matrix indicator for hydric soils. Only one secondary indicator of wetland hydrology was observed, geomorphic position; therefore, this point did not meet the criteria for wetland hydrology. Because all three wetland criteria were not met, this sample point is not located within a wetland.

Stream Analysis East Arm Little Calumet River (~45 linear ft., ~0.01 acre in project area) East Arm Little Calumet River flows west through the project area and the existing culvert structure. It is classified as a USGS intermittent blue-line stream on the USGS topographic map (Figure 1). East Arm Little Calumet River was characterized as a

F-4

Otis Rd over East Arm Little Calumet River Small Structure Replacement DES 1401027, LaPorte County, Indiana

Riverine, Lower Perennial, Unconsolidated Bottom, Semi-permanently Flooded stream (R2UBF). According to the NWI map (Figure 2), the area surrounding the stream is mostly forested wetland, so it’s Cowardin classification was determined from portions of the stream further downstream and based on visual observation at the site. This stream has an average bank full width of 15 ft. across within the project area and is characterized by sandy substrate, moderate flow, and an average ordinary high water mark (OHWM) 15 ft. wide and 3 ft. deep. The banks of this stream along the east side are characterized by typical pasture grasses and trees typical of floodplains; however, the east side of the stream is covered by the raised railway bridge which is overgrown with field horsetail and upland trees. The stream exhibited low sinuosity and did not contain riffle/run complexes. It was given an “average” rating for stream quality. The upstream drainage of East Arm Little Calumet River at the project site is 8.201 square miles (USGS StreamStats, Version 4.0). Due to the presence of semi-permanent flow, an OHWM, and defined bed and bank, this feature is likely jurisdictional under the USACE. Roadside Ditches – RSD 1 & RSD 2 Two roadside ditches were observed within the project area. RSD 1 and RSD 2 were fully vegetated and overgrown v-shaped drainage features located on the west side of Otis road between the road and the raised railway embankment that drain uplands toward the stream. No water, OHWM, or defined bed or bank were visible in these features. RSD 1 and RSD 2 are likely non-jurisdictional drainage features.

Wetland Analysis Although wetlands were identified near the project on the NWI map, no wetlands were identified within the project area. It is likely that the project area has been altered enough by past railway construction and agricultural development that most wetland features have been lost.

Conclusions

One Waters of the U.S., East Arm Little Calumet River, was observed in the investigated study area. East Arm Little Calumet River exhibited an OHWM and is likely a Waters of the U.S. Two roadside ditches, RSD 1 and RSD 2, were observed in the project investigation area. Due to the lack of a defined bed, bank, and OHWM, RSD 1 and RSD 2 are likely non-jurisdictional drainage features. No wetlands were identified in the project area.

Every effort should be taken to avoid and minimize impacts to these resources. If impacts are necessary, then mitigation may be required. The U.S. Army Corps of Engineers should be contacted immediately if impacts occur. The final determination of jurisdictional waters is ultimately made by appropriate regulatory staff at the U.S. Army Corps of Engineers. This report is our best judgment based on the guidelines set forth by the Corps.

F-5

Otis Rd over East Arm Little Calumet River Small Structure Replacement DES 1401027, LaPorte County, Indiana

Table 2.

Stream Summary Table Otis Road over East Arm Little Calumet River Small Structure Replacement LaPorte County, Indiana Designation Number: 1401027 Lat/Long

OHWM Width (ft)

OHWM Depth (ft)

USGS Blueline?

Riffles?

Pools?

Substrate

Quality

Likely Water of U.S.?

3-7,14, 16

N 41.612752° W -86.906115°

15

3

Yes

No

Sand

Average

Yes

RSD 1

10

N 41.612630° W -86.906182°

N/A

N/A

No

No

N/A

Poor

No

RSD 2

12

N 41.612923° W -86.906187°

N/A

N/A

No

No

N/A

Poor

No

Stream Name

Photos

East Arm Little Calumet River

F-6

Otis Rd over East Arm Little Calumet River Small Structure Replacement DES 1401027, LaPorte County, Indiana

References Environmental Laboratory. 1987. U.S. Army Corps of Engineersâ&#x20AC;&#x2122; Wetland Delineation Manual, Technical Report Y-87-1, U.S. Waterways Experiment Station, Vicksburg, MS. Environmental Laboratory. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region, ERDC/EL TR-10-16, U.S. Army Engineer Research and Development Center, Vicksburg, MS. IndianaMAP Viewer. U.S. Geological Survey, Indiana Department of Transportation (INDOT), U.S. Census Bureau (USCB), Indiana Geographic Information Council (IGIC), UITS, Indiana Spatial Data Portal. 2016. http://www.indianamap.org/ Lichvar, R., Melvin, N.C., Butterwick, M.L. and Kirchner, W.N. 2014. The National Wetland Plant List: 2014 Update of Wetland Ratings. ERDC/CRREL TN-12-1.

Hanover, NH: U.S. Army Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory. Phytoneuron 2014-41: 1-42.

United States Department of Agriculture, Natural Resource Conservation Service (NRCS). Web Soil Survey. Soil Survey of LaPorte County, IN. http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm USDA, NRCS. 2010. Field Indicators of Hydric Soils in the United States: A Guide for Identifying and Delineating Hydric Soils, Version 7.0. G.W. Hurt and L.M. Vasilas (eds.). USDA, NRCS, in cooperation with the National Technical Committee on Hydric Soils.

U. S. Fish and Wildlife Service. 2016. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws.gov/wetlands/Data/Mapper.html U.S.G.S. 2016. The StreamStats program, online at http://streamstats.usgs.gov.

F-7

Otis Rd. over East Arm Little Calumet River LaPorte County, IN - Des 1401027 USGS Topographic Map - Westville Quad

March 21, 2017 Project Location

Figure 1.

1:16,000 0

0.125

0.25

0.5 mi

0

0.2

0.4

0.8 km

United States Geological Survey (USGS) Indiana Geographic Information Council (IGIC), UITS, Indiana Spatial Data Portal

F-8

Otis Rd. over East Arm Little Calumet River LaPorte County, IN - Des 1401027

0

0.03

0

0.05

1:3,698 0.06

0.1

0.12 mi Esri, HERE, DeLorme, MapmyIndia, Š OpenStreetMap contributors, and the GIS user community

0.2 km

Figure 2.

March 14, 2017 Estuarine and Marine Deepwater

Freshwater Forested/Shrub Wetland

Other

Estuarine and Marine Wetland

Freshwater Pond

Riverine

Freshwater Emergent Wetland

Lake

Project Area

This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site.

F-9

National Wetlands Inventory (NWI) This page was produced by the NWI mapper

507590

507650

507710

507770

507830

507890

507950

508010

508070

4606820

4606820

4606760

4606760

4606700

4606700

4606640

4606640

507530

507590

507650

4606580 507710

Map Scale: 1:2,640 if printed on A landscape (11" x 8.5") sheet.

N

0

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507770

507830

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507890

507950

508010

41° 36' 39'' N

508070 86° 54' 10'' W

4606580

Soil Map may not be valid at this scale.

86° 54' 35'' W

41° 36' 39'' N

41° 36' 51'' N

4606880

4606880

4606940

4606940

507530 41° 36' 51'' N

86° 54' 10'' W

86° 54' 35'' W

Otis Rd. over East Arm Little Calumet River La Porte County, IN - Des 1401027 Soil Map

Figure 3.

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F-10

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The soil surveys that comprise your AOI were mapped at 1:15,800.

Very Stony Spot

Warning: Soil Map may not be valid at this scale.

Wet Spot

Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale.

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Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.

Aerial Photography

This product is generated from the USDA-NRCS certified data as of the version date(s) listed below.

Project Area

Soil Survey Area: La Porte County, Indiana Survey Area Data: Version 21, Sep 15, 2016

Perennial Water

Soil map units are labeled (as space allows) for map scales 1:50,000 or larger.

Rock Outcrop

Date(s) aerial images were photographed: 2011

Saline Spot Sandy Spot

Apr 29, 2011â&#x20AC;&#x201D;Oct 3,

The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.

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F-11

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Tracy sandy loam, 0 to 2 percent slopes

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F-13

56'

Otis Rd over East Arm Little Calumet River LaPorte County, IN - Des 1401027 Photograph and Sample Point Locations

June 21, 2017

Stream

Figure 5.

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1:1,000 0

0.0075

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0.015 0.025

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Abandoned Railway Roadside Ditches

#

Photograph Locations

Sample Point Locations

Indiana Spatial Data Portal, UITS, ESRI

F-14

Otis Rd over East Arm Little Calumet River LaPorte County, IN Des 1401027 Site Photos â&#x20AC;&#x201C; May 25, 2017

Photo 1. Facing south along Otis Rd. from the culvert above E. Arm Little Calumet River.

Photo 2. Facing north along Otis Rd. from the culvert above E. Arm Little Calumet River.

F-15

Otis Rd over East Arm Little Calumet River LaPorte County, IN Des 1401027 Site Photos â&#x20AC;&#x201C; May 25, 2017

Photo 3. Facing east from Otis Rd. over the culvert and E. Arm Little Calumet River.

Photo 4. Facing west from Otis Rd. over the culvert toward the abandoned railway bridge.

F-16

Otis Rd over East Arm Little Calumet River LaPorte County, IN Des 1401027 Site Photos â&#x20AC;&#x201C; May 25, 2017

Photo 5. Facing west from Otis Rd. toward E. Arm Little Calumet River under the railway bridge.

Photo 6. Facing west along E. Arm Little Calumet River toward Otis Rd.

F-17

Otis Rd over East Arm Little Calumet River LaPorte County, IN Des 1401027 Site Photos â&#x20AC;&#x201C; May 25, 2017

Photo 7. Facing west along E. Arm Little Calumet River from the raised bed of abandoned railway bridge.

Photo 8. Facing north along the raised bed of the abandoned railway bridge to the west of Otis Rd.

F-18

Otis Rd over East Arm Little Calumet River LaPorte County, IN Des 1401027 Site Photos â&#x20AC;&#x201C; May 25, 2017

Photo 9. View of Sample Point 1 (SP1).

Photo 10. Facing north from SP1 along Otis Rd. and RSD1.

F-19

Otis Rd over East Arm Little Calumet River LaPorte County, IN Des 1401027 Site Photos â&#x20AC;&#x201C; May 25, 2017

Photo 11. View of SP2.

, Photo 12. Facing north from SP2 along Otis Rd. and RSD 2.

F-20

Otis Rd over East Arm Little Calumet River LaPorte County, IN Des 1401027 Site Photos â&#x20AC;&#x201C; May 25, 2017

Photo 13. View of SP3 with E. Arm Little Calumet River to the right.

Photo 14. Facing northwest toward Otis Rd. and the culvert from SP3.

F-21

Otis Rd over East Arm Little Calumet River LaPorte County, IN Des 1401027 Site Photos â&#x20AC;&#x201C; May 25, 2017

Photo 15. Facing south from SP3.

Photo 16. Facing northwest from the southeast side of the stream, toward the northeast quadrant.

F-22

Otis Rd. over E. Arm Little Calumet River

LaPorte

5/25/17 IN

Kevin McLane, Aimee Adamson

Concave

Depression/Floodplain 0-2

1

32, 37N, 4W -86.90619°

41.61263° Wh - Washtenaw silt loam

WGS 84 None

✔

✔

✔

✔

✔ ✔

✔

✔

This site is adjacent to the abandoned Monon Railroad railway embankment, and the hydrology and soil were likely permanently altered during its construction in 1892. This disturbance is far enough in the past, that the site conditions have been more upland in past 100 years.

30 ft Carya laciniosa

15

Yes

Fraxinus americana

5

Yes

FACW FACU

Morus rubra

5

Yes

FACU

1

7 14.3

15 ft

25

Lonicera maackii

20

Yes

UPL

Fraxinus americana

3

No

FACU

23

5 ft Podophyllum peltatum

5

No

FACU

Toxicodendron radicans

5

No

FAC

Parthenocissus quinquefolia

10

No

FACU

Fraxinus americana

5

No

FACU

Galium aparine

10

No

FACU

Ribes cynosbati

5

No

FAC

Equisetum arvense

5

No

FAC

Schedonorus arundinaceus

40

Yes

FACU

Dactylis glomerata

15

Yes

FACU

Yes

FACU

30 ft Vitis aestivalis

100 10 10

✔

F-23

1

0-3

10YR 3/2

100

SL

3-15

10YR 5/4

20

SL

10YR 4/3

80

10YR 4/3

100

15-20

SL

✔

✔

✔

Point appears to be within a roadside drainage ditch/swale and is within a floodplain and toeslope of the raised railway embankment.

F-24

Otis Rd. over E. Arm Little Calumet River

LaPorte

5/25/17 IN

Kevin McLane, Aimee Adamson

Concave

Depression/Floodplain 0-2

2

32, 37N, 4W -86.90618°

41.61292° Wh - Washtenaw silt loam

WGS 84 None

✔

✔

✔

✔

✔ ✔

✔

✔

This site is adjacent to the abandoned Monon Railroad railway embankment, and the hydrology and soil were likely permanently altered during its construction in 1892. This disturbance is far enough in the past, that the site conditions have been more upland in past 100 years.

30 ft Carya laciniosa

2

No

Rhus typhina

5

No

Juglans nigra

20

Yes

FACU

15

Yes

FACU

8

No

FAC

Yes

UPL

Acer saccharum Acer rubrum

15 ft Lonicera maackii

FACW UPL

5 20

50 10

10

5 ft Podophyllum peltatum

5

No

FACU

Toxicodendron radicans

5

No

FAC

Parthenocissus quinquefolia

10

No

FACU

Hydrophyllum virginianum

25

Yes

FAC

Galium aparine

20

No

FACU

Impatiens capensis

10

No

FACW

Phalaris arundinacea

8

No

FACW

Schedonorus arundinaceus

20

Yes

FACU

Dactylis glomerata

5

No

FACU

Yes

FACU

30 ft Vitis aestivalis

1

108 10 10

✔

F-25

2

0-7

10YR 2/2

100

SL

7-20

10YR 3/3

100

SL

✔

✔

✔

Point appears to be within a roadside drainage ditch/swale and is within a floodplain and toeslope of the raised railway embankment.

F-26

Otis Rd. over E. Arm Little Calumet River

LaPorte

5/25/17 IN

Kevin McLane, Aimee Adamson

Concave

Depression/Floodplain 0-2

3

32, 37N, 4W -86.90618°

41.61292° Wh - Washtenaw silt loam

WGS 84 PFO1A

✔

✔

✔

✔ ✔

✔

✔

Point is taken within a maintained pasture. Area shows up as a PFO1A wetland on the NWI map, but appears to be mostly pasture now. No wetland was found near the culvert or the banks of East Arm Little Calumet River.

30 ft Ulmus rubra

2

No

Fraxinus pennsylvanica

5

Yes

Gleditsia triacanthos

5

Yes

FACU

2

No

OBL

Salix nigra

15 ft

5 ft

FAC FACW

4 25

14

Trifolium repens

5

No

FACU

Taraxacum officinale

10

No

FACU

Plantago major

2

No

FAC

Dactylis glomerata

20

No

FACU

Tridens flavus

50

Yes

UPL

Schedonorus arundinaceus

50

Yes

FACU

30 ft

1

137

✔ Area is a maintained pasture.

F-27

3

0-3

10YR 3/2

70

10YR 4/4

30

3-10

10YR 4/1

92

2.5YR 3/6

8

C

PL

SL

10-20

10YR 4/1

60

2.5YR 3/6

20

C

PL

SL

10YR 3/2

20

SL

✔

✔

✔

✔

Point is within the floodplain of East Arm Little Calumet River and is a maintained pasture.

F-28

ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): June 22, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Kevin McLane Green3, LLC 1104 Prospect Street Indianapolis, IN 46203 (317) 634-4110

C. DISTRICT OFFICE, FILE NAME, AND NUMBER:

D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: This project involves the replacement of Small Structure #1115 that carries the East Arm Little Calumet River under Otis Road, approximately 0.09 mile south of County Road W 50 N in LaPorte County, IN (Lat. 41.612752째, Long. -86.906115째). The purpose of the project is to replace the small structure with a hydraulically adequate structure. The need for this project is due to the upstream flooding that has been occurring and impacting neighboring residences as a result of the hydraulic inadequacy of the structure. The existing culvert is an 8-foot multi-plate arch under fill, the replacement structure has not been determined at this time. The roadway profile will be raised to allow additional freeboard through the structure. Right-of-way acquisition is anticipated due to the construction of more stable roadway side-slopes for the increase in roadway profile.

(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: IN County/parish/borough: LaPorte County City: Otis Center coordinates of site (lat/long in degree decimal format): Lat. 41.612752째, Long. -86.906115째 Universal Transverse Mercator: Name of nearest waterbody: East Arm Little Calumet River Identify (estimate) amount of waters in the review area: Non-wetland water: East Arm Little Calumet River, ~45 linear feet; OHWM of 15 ft wide and 3 ft deep, ~0.015 acre of water resource within investigated area Cowardin Class: Riverine (R2UBF) Stream Flow: Perennial Wetland water: None Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A Non-Tidal: N/A

F-29

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date: 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.

2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “pre-construction notification” (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant’s acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there “may be” waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: F-30

SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply) - checked items should be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Wetland/Stream Delineation dated May 25, 2017 Data sheets prepared/submitted by or on behalf of the applicant/consultant.

Office concurs with data sheets/delineation report.

Office does not concur with data sheets/delineation report.

Data sheets prepared by the

Corps: Corps navigable watersâ&#x20AC;&#x2122; study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data.

USGS 8 and 12 digit HUC maps.

U.S. Geological Survey map(s). Cite scale & quad name: Westville quad, Indiana 1:24,000 USDA Natural Resources Conservation Service Soil Survey. Citation: SSURGO Database LaPorte County National wetlands inventory map(s). Cite name: Otis Rd over East Arm Little Calumet River State/Local wetland inventory map(s): FEMA/FIRM maps: 18091C0235D

100-year

Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: or

Aerial (Name & Date): Other (Name & Date): Site Photos, 5/25/17

Previous determination(s). File no. and date of response letter:

Applicable/supporting case law:

Applicable/supporting scientific literature: Other information (please specify):

F-31

IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations.

6/22/17

Signature and date of Regulatory Project Manager (REQUIRED)

Site Number

East Arm Little Calumet River

Latitude

41.612752°

Longitude

-86.906115°

Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable)

Cowardin Class

Estimated amount of aquatic resource in review area

R2UBF

~45 feet long

Class of aquatic resource

non-Section 10, 15 ft wide (OHWM) non – 3 ft deep @ OHWM; wetland ~0.02 acre

F-32

APPENDIX G â&#x20AC;&#x201C; PUBLIC INVOLVEMENT

G-1

APPENDIX H â&#x20AC;&#x201C; AIR QUALITY

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H-2

11/21/2018

*Project Info

Project Overview

Funding History

Amendment History

<< Go Back

Bridge Replacement at Ottis Rd, Bridge Replacement, Other Construction at Otis Rd (1401027) Des Number 1401027 Lead Agency LaPorte County

Amendment Contact (ERC)

18-00 IRTIP Jerry Sullivan 2193622051

Exempt Category

Non-Exempt

Est Total Project Cost County

$1,269,291 LaPorte

Project Type Other

Letting Date

03/04/2020

Functional Classification

Local

Bike/Ped Component(s)

No

Title

Bridge Replacement at Ottis Rd, Bridge Replacement, Other Construction at Otis Rd

Limits

Nearest Crossstreet: CR W 50 N

Description

Ottis Bridge over the Little Calumet River; 0.10 mi S of CR W 50 N , Replace Otis Rd Bridge over Little Calumet River.

Phase

Fund Source

CN

DEMO

-

-

-

Local Fund

-

-

-

-

-

-

CN

Total Construction Total Programmed

Prior SFY

SFY2018

SFY2019

SFY2020 $892,600

SFY2021

SFY2022

Future SFY

Total

-

-

-

$892,600

$376,691

-

-

-

$376,691

$1,269,291 $1,269,291

-

-

-

$1,269,291 $1,269,291

Report a map error Map data ©2018 Google

Comment on this Project

HOME ABOUT NIRPC HOT TOPICS (NEWS) TRANSPORTATION HUMAN & ECONOMIC RESOURCES

EVENTS GROWTH & CONSERVATION ENVIRONMENT & GREEN INFRASTRUCTURE STEWARDSHIP & GOVERNANCE STAFF EMAIL STAFF INTRANET STAFF PORTAL & CONDITIONS

TERMS

H-3 https://rtip.nirpc.org/project_info?project_id=1022707&version=1&view_type=&fromPage=fullresult%3DTrue%26search%5Ftype%3Dall%5Fprojects%…

1/1

APPENDIX I â&#x20AC;&#x201C; ADDITIONAL STUDIES

I-1

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I-2

Des. No. 1401027 Legend: Your Selections 2016 boundaries were used to map 'Your Selections' Selection Results No Legend 2017 Boundaries Census Tract Block Group Project Location

1 of 1

I-3 11/06/2018

(QYLURQPHQWDO -XVWLFH $QDO\VLV IRU 2WLV 5G 6PDOO 6WUXFWXUH 3URMHFW 3URMHFW 'HV

&2&

$& &HQVXV 7UDFW /D3RUWH &RXQW\ /D3RUWH ,QGLDQD &RXQW\ ,QGLDQD B 17001001 B 17001002

/2: ,1&20( Population for whom poverty status is determined: Total Population for whom poverty status is determined:Income in past 12 months below poverty 3HUFHQW /RZ ,QFRPH 3HUFHQW RI &2& 3RWHQWLDO /RZ ,QFRPH (- ,PSDFW"

B 03002001 B 03002002 B 03002003 B 03002004 B 03002005 B 03002006 B 03002007 B 03002008 B 03002009 B 03002010 B 03002011 B 03002012 B 03002013 B 03002014 B 03002015 B 03002016

0,125,7< Total population: Total Total population: Not Hispanic or Latino Total population: Not Hispanic or Latino; White alone Total population: Not Hispanic or Latino; Black or African American alone Total population: Not Hispanic or Latino; American Indian and Alaska Native alone Total population: Not Hispanic or Latino; Asian alone Total population: Not Hispanic or Latino; Native Hawaiian and Other Pacific Islander Total population: Not Hispanic or Latino; Some other race alone Total population: Not Hispanic or Latino; Two or more races Total population: Hispanic or Latino Total population: Hispanic or Latino; White alone Total population: Hispanic or Latino; Black or African American alone Total population: Hispanic or Latino; American Indian and Alaska Native alone Total population: Hispanic or Latino; Asian alone Total population: Hispanic or Latino; Native Hawaiian and Other Pacific Islander alone Total population: Hispanic or Latino; Some other race alone

B 03002017

Total population: Hispanic or Latino; Two or more races 1XPEHU 1RQ :KLWH 0LQRULW\ 3 3

3HUFHQW 1RQ :KLWH 0LQRULW\ 3HUFHQW RI &2& 3RWHQWLDO 0LQRULW\ (- ,PSDFW"

101,906

4,902

17,621

202

$& &2& 1R

110,993 104,246 88,964 12,046 291 611 11 32 2,291 6,747 3,801 116 25 16 24 1,990

5,004 4,934 4,705 81 19 52 0 0 77 70 0 0 0 0 0 0

775

0

$& &2& 1R

I-4

B03002

HISPANIC OR LATINO ORIGIN BY RACE Universe: Total population 2012-2016 American Community Survey 5-Year Estimates

Supporting documentation on code lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey website in the Data and Documentation section.

Sample size and data quality measures (including coverage rates, allocation rates, and response rates) can be found on the American Community Survey website in the Methodology section.

Tell us what you think. Provide feedback to help make American Community Survey data more useful for you.

Although the American Community Survey (ACS) produces population, demographic and housing unit estimates, it is the Census Bureau's Population Estimates Program that produces and disseminates the official estimates of the population for the nation, states, counties, cities and towns and estimates of housing units for states and counties.

Census Tract 415, LaPorte County, Indiana Margin of Error Estimate Margin of Error ***** 5,004 +/-325 ***** 4,934 +/-314 +/-27 4,705 +/-301

LaPorte County, Indiana Total: Not Hispanic or Latino: White alone Black or African American alone American Indian and Alaska Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some other race alone Two or more races: Two races including Some other race Two races excluding Some other race, and three or more races Hispanic or Latino: White alone Black or African American alone American Indian and Alaska Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some other race alone 1 of 2

Estimate 110,993 104,246 88,964 12,046 291 611 11

+/-369 +/-70 +/-115 +/-13

81 19 52 0

+/-63 +/-28 +/-42 +/-16

32 2,291 45 2,246

+/-24 +/-392 +/-36 +/-387

0 77 0 77

+/-16 +/-66 +/-16 +/-66

6,747 3,801 116 25 16

***** +/-463 +/-50 +/-29 +/-26

70 70 0 0 0

+/-52 +/-52 +/-16 +/-16 +/-16

24 1,990

+/-35 +/-363

0 0

+/-16 +/-16 I-5 11/06/2018

Census Tract 415, LaPorte County, Indiana Margin of Error Estimate Margin of Error +/-266 0 +/-16 +/-264 0 +/-16

LaPorte County, Indiana Estimate Two or more races: Two races including Some other race Two races excluding Some other race, and three or more races

775 668 107

+/-73

0

+/-16

Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estimate plus the margin of error (the lower and upper confidence bounds) contains the true value. In addition to sampling variability, the ACS estimates are subject to nonsampling error (for a discussion of nonsampling variability, see Accuracy of the Data). The effect of nonsampling error is not represented in these tables.

While the 2012-2016 American Community Survey (ACS) data generally reflect the February 2013 Office of Management and Budget (OMB) definitions of metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown in ACS tables may differ from the OMB definitions due to differences in the effective dates of the geographic entities.

Estimates of urban and rural population, housing units, and characteristics reflect boundaries of urban areas defined based on Census 2010 data. As a result, data for urban and rural areas from the ACS do not necessarily reflect the results of ongoing urbanization.

Source: U.S. Census Bureau, 2012-2016 American Community Survey 5-Year Estimates Explanation of Symbols: 1. An '**' entry in the margin of error column indicates that either no sample observations or too few sample observations were available to compute a standard error and thus the margin of error. A statistical test is not appropriate.

2. An '-' entry in the estimate column indicates that either no sample observations or too few sample observations were available to compute an estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest interval or upper interval of an open-ended distribution.

3. An '-' following a median estimate means the median falls in the lowest interval of an open-ended distribution.

4. An '+' following a median estimate means the median falls in the upper interval of an open-ended distribution.

5. An '***' entry in the margin of error column indicates that the median falls in the lowest interval or upper interval of an open-ended distribution. A statistical test is not appropriate.

6. An '*****' entry in the margin of error column indicates that the estimate is controlled. A statistical test for sampling variability is not appropriate.

7. An 'N' entry in the estimate and margin of error columns indicates that data for this geographic area cannot be displayed because the number of sample cases is too small.

8. An '(X)' means that the estimate is not applicable or not available.

2 of 2

I-6 11/06/2018

B17001

POVERTY STATUS IN THE PAST 12 MONTHS BY SEX BY AGE Universe: Population for whom poverty status is determined 2012-2016 American Community Survey 5-Year Estimates

Supporting documentation on code lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey website in the Data and Documentation section.

Sample size and data quality measures (including coverage rates, allocation rates, and response rates) can be found on the American Community Survey website in the Methodology section.

Tell us what you think. Provide feedback to help make American Community Survey data more useful for you.

Although the American Community Survey (ACS) produces population, demographic and housing unit estimates, it is the Census Bureau's Population Estimates Program that produces and disseminates the official estimates of the population for the nation, states, counties, cities and towns and estimates of housing units for states and counties.

Census Tract 415, LaPorte County, Indiana Margin of Error Estimate Margin of Error +/-473 4,902 +/-306 +/-1,338 202 +/-98 +/-653 94 +/-54

LaPorte County, Indiana Total: Income in the past 12 months below poverty level: Male: Under 5 years 5 years 6 to 11 years 12 to 14 years 15 years 16 and 17 years 18 to 24 years 25 to 34 years 35 to 44 years 45 to 54 years 55 to 64 years 65 to 74 years 75 years and over Female: Under 5 years 1 of 3

Estimate 101,906 17,621 7,190 1,368 57 1,237 522

+/-190 +/-49 +/-252 +/-124

0 0 0 0

+/-16 +/-16 +/-16 +/-16

217 213 622 846

+/-103 +/-88 +/-178 +/-182

0 0 15 36

+/-16 +/-16 +/-24 +/-42

536 639 554 238 141

+/-154 +/-186 +/-144 +/-86 +/-68

7 0 21 15 0

+/-11 +/-16 +/-22 +/-16 +/-16

10,431 1,146

+/-849 +/-230

108 0

+/-67 +/-16 I-7 11/06/2018

Census Tract 415, LaPorte County, Indiana Margin of Error Estimate Margin of Error +/-95 0 +/-16 +/-270 0 +/-16

LaPorte County, Indiana Estimate 5 years 6 to 11 years 12 to 14 years 15 years

238 1,328

16 and 17 years 18 to 24 years 25 to 34 years

578 59

+/-225 +/-48

0 0

+/-16 +/-16

297 1,424 1,694

+/-107 +/-255 +/-247

0 49 22

+/-16 +/-36 +/-24

1,173

+/-202

0

+/-16

965 589 473 467 84,285

+/-174 +/-162 +/-122 +/-147 +/-1,410

28 0 9 0 4,700

+/-42 +/-16 +/-14 +/-16 +/-323

41,676 1,907 502 2,812

+/-722 +/-184 +/-153 +/-274

2,440 128 5 163

+/-196 +/-65 +/-8 +/-66

1,455 500 1,196

+/-198 +/-111 +/-136

89 26 70

+/-47 +/-20 +/-41

3,566 4,597 4,840 6,331

+/-224 +/-240 +/-215 +/-217

269 229 231 370

+/-103 +/-74 +/-78 +/-81

6,927 4,456 2,587 42,609 2,110

+/-199 +/-128 +/-98 +/-896 +/-228

461 265 134 2,260 91

+/-83 +/-55 +/-41 +/-186 +/-54

357 2,558 1,478 662

+/-129 +/-262 +/-219 +/-158

35 118 76 45

+/-26 +/-46 +/-41 +/-29

1,167 2,699 4,417 5,134

+/-166 +/-253 +/-260 +/-214

117 30 161 334

+/-66 +/-32 +/-65 +/-67

6,484 7,037 4,796 3,710

+/-194 +/-160 +/-136 +/-159

405 365 255 228

+/-78 +/-85 +/-55 +/-63

35 to 44 years 45 to 54 years 55 to 64 years 65 to 74 years 75 years and over Income in the past 12 months at or above poverty level: Male: Under 5 years 5 years 6 to 11 years 12 to 14 years 15 years 16 and 17 years 18 to 24 years 25 to 34 years 35 to 44 years 45 to 54 years 55 to 64 years 65 to 74 years 75 years and over Female: Under 5 years 5 years 6 to 11 years 12 to 14 years 15 years 16 and 17 years 18 to 24 years 25 to 34 years 35 to 44 years 45 to 54 years 55 to 64 years 65 to 74 years 75 years and over

2 of 3

I-8 11/06/2018

Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estimate plus the margin of error (the lower and upper confidence bounds) contains the true value. In addition to sampling variability, the ACS estimates are subject to nonsampling error (for a discussion of nonsampling variability, see Accuracy of the Data). The effect of nonsampling error is not represented in these tables.

While the 2012-2016 American Community Survey (ACS) data generally reflect the February 2013 Office of Management and Budget (OMB) definitions of metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown in ACS tables may differ from the OMB definitions due to differences in the effective dates of the geographic entities.

Estimates of urban and rural population, housing units, and characteristics reflect boundaries of urban areas defined based on Census 2010 data. As a result, data for urban and rural areas from the ACS do not necessarily reflect the results of ongoing urbanization.

Source: U.S. Census Bureau, 2012-2016 American Community Survey 5-Year Estimates Explanation of Symbols: 1. An '**' entry in the margin of error column indicates that either no sample observations or too few sample observations were available to compute a standard error and thus the margin of error. A statistical test is not appropriate.

2. An '-' entry in the estimate column indicates that either no sample observations or too few sample observations were available to compute an estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest interval or upper interval of an open-ended distribution.

3. An '-' following a median estimate means the median falls in the lowest interval of an open-ended distribution.

4. An '+' following a median estimate means the median falls in the upper interval of an open-ended distribution.

5. An '***' entry in the margin of error column indicates that the median falls in the lowest interval or upper interval of an open-ended distribution. A statistical test is not appropriate.

6. An '*****' entry in the margin of error column indicates that the estimate is controlled. A statistical test for sampling variability is not appropriate.

7. An 'N' entry in the estimate and margin of error columns indicates that data for this geographic area cannot be displayed because the number of sample cases is too small.

8. An '(X)' means that the estimate is not applicable or not available.

I-9