File

Number LRE-2005-540070

Detroit

District

U.S Army Corps

of Engineers

Department

of the

HARBOR SHORES

Army Permit

Evaluation

GOLF COURSE BOAT LAUNCH

This

document
applicable

constitutes

my

Environmental

Assessment

Public

Interest to

review

and

if

my

factual

and compliance

summary

determination
It

according

the

Guidelines
that

for the work

404b1
master document
the

proposed for permit

of the range of
all

was prepared

from

generic

facilitated

consideration

possible impacts
in

from projects within accordance

with

of the Regulatory

purview
Part

Program of the

Army

Corps of Engineers and 40

33

CFR

33

CFR

Part 325 Appendices

and

CFR

320

Part

230

Application

Procesg
Harbor
Street

Name
Third the process the project delineation

of Applicant 111

Center

Lyon
for the

NW

Shores Community Redevelopment Inc Grand Rapids Additional Michigan

HSCRI

900

Fifth

information

was provided
agent

through partner
in

by

Evergreen Development J.F

Co

Benton

Harbor Michigan
their

applicant impacts consultant

New

Inc West Olive Michigan Consultants Inc

wetland

and floodplain
water supply

agent

Abonmarche

Benton

Michigan
historic

Harbor Michigan
on used
to

Michael

Kuhn and Associates

document

Auburn
and

Hills

an

property

consultant

Hitchcock Kurta

Design Group Chicago Throughout

this

Illinois

endangered
refer to

species

Dr

consultant
is

Allen

the term

either the

applicant

applicant or their representatives

Work

previously

authorized
is

by the Corps under

with
this

nationwide

permit

to

File 03-054-001-0
course holes

the City of St Joseph

is

being

combined

application areas on land

The

applicant

and one of three wetland mitigation

evaluated

proposing

golf
in

the location has

owned by

under permit

the City of St Joseph

03-054-001-0

The work and

not been completed

required wetland mitigation

Work

Description was received

written

Several

reconfigurations recent plans

of the project

application

The most
description

have been proposed since the August

were provided

combined

14 2008 and
1.a

work

the final

was

submitted

June 25 2008
project
is

2008 conceptual
final

End
also

1.b

March
The

overview

drawing of the Harbor Shores

include

available

drawings and work

End

description

work

as

authorized several
for
fill

previously

Department
single

of Environmental description

by the Michigan and

Quality

rVIDEQ
is

with

revisions

work
to

The

into one set of plans of the

applicant

now

applying yards of

Department
material
in

permit

Army

discharge

approximately

25520

DA
totaling

cubic

several

locations

CORPS0001 867

locations associated

totaling

3.31

acres of wetlands of

in

federal jurisdiction

adjacent
facilities

to

the

Paw Paw

River

with

the construction

golf course water intake River

and ancillary and

is

including

practice park

range roads

golf cart public

bridges an
boat

irrigation in

distribution

system

and relocated

ramp

the

Paw Paw

also proposed

The

proposed project includes drawings

water

intake

in

the

Paw Paw
of bank

River

End
be 28-inch 15

for golf course

irrigation

16-19

Forty-two

42 50

cubic

yards

and river bottom

then discharged
as

material
backfill

would
over
to

excavated from below the Ordinary

diameter

High Water
cubic

Mark and

HDPE

pipe

Fifty

yards of the

would be excavated from the bank

create

by 30 foot cove

Temporary
steel

containment sheet pile

work
their

area would

be accomplished
at

by

installing

two 20 foot long

in right

walls with

landward

end

shore

and waterward and Water deep

ends

joined

angle

The work

area would be dewatered for pipe driven into the bank

in

installation

installation

of 40 feet cubic yards

of steel sheet piling

above

Mark

the Ordinary High foot

of riprap would be installed side of the permanent seawall

foot deep by

wide by

foot the

area at the upstream

Upon

completion

of the

work
fitted

two
2.54
the

temporary sheet pilings would be removed

from the river

screen removal

The

mm mesh
outer
to

pipe

would be

with

copper screen with provisions

of the pipe

for

for cleaning
to

and maintenance

feet

would have
per second

580 1.5-inch diameter

to

holes

slow the intake

water velocity

approximately 0.5

feet

avoid

fish

impingement

Note
cubic

Additional

golf course

construction
in

will

occur

on City of St Joseph land

adjacent
to

and include River

2667
This

yards of discharged

material

1.80 acres

of wetland

the

Paw Paw

discharge mitigation

was authorized was

under Corps permit 03-054-001-0 Harbor Shores

will 1.91 to

End

but the work

and required

not completed

take responsibility for the construction acres of wetland mitigation

maintenance

and monitoring of the required

permit
for this

MIDEQ

transferred their respective

work

Inc on February

20

2008

End
by impact

Harbor Shores Community Redevelopment

Discharges

proposed

in wetlands

area are as follows

Impact

Area

acres

Volume

cubic

yards

Location

Hole

0.10

800

Paw Paw

Hole

0.27

2600

east side of

M-63
Park

Hole

0.09

450

Jean

Kiock

Hole

2.52

20300
890

Paw Paw

Kiock

Rd
M-63

Replace

Road

0.18

Jean

Kiock

Park

at

Deparrnent

of

rh

Arn

Permit Evaluation

File

No

05-054-002-0

HARBOR

Page

SHORES-MARINAS

GOLF COURSE BOAT LAUNCH

CORPS0001868

Power

line

0.11

300

power

line

at

Mit Area

Access

Road

0.01

50

M-63 and Hole

North

Shore Drain

0.03

130

south of

Higman Park

Rd

Crossings

Cart Path-

0.00 over wetlands

Holes

21518

Boardwalks

and north of

Additional Wetland Discharges

City of St

from previously authorized Corps permit 03-054-001-0

to

Joseph

City of Project

St Joseph
1.80

2667

Hole

and

vicinity

Non-wetland

discharges

Golf Cart Bridges

feet

scour protection

10

cubic

yards heavy
totaling

riprap at each yards

abutment

each

38

along

the river

by

feet

wide by 4.5

feet

deep
under

40 cubic

Boat

Ramp

60 cubic

yards of

inch

gravel

40 foot by 66 foot precast

concrete

boat

ramp
Water
Intake
to create

Irrigation

Structure 15

42 cubic

yards

of excavation
in

and backfill

and

50 cubic

yards

from the bank

foot by 30 foot

cove

the riverbank

Bank
yards

Stabilization and Debris of rip rap within

feet

Removal

Golf Hole 15

Discharge bank
with

maximum maximum

of 280 cubic of approximately

maximum
hank
in

of 625 linear feet

of river associated

312 linear would be

on each

the

Paw Paw River deep

to

debris removal

Rip rap 578

feet

installed

approximately
feet

2.5 feet
in

bottom elevation of approximately

over geotextile fabric
part

IGLD 1985
engineered
lift

by 4.5

wide
to the

the

Paw Paw

River

of

bio

structure

Ordinary high Water

Mark
Discharge approximately 455 cubic
diameter

Temporary
yards
in

crossing
fill

of

unnamed
layer 15

ditch

near Golf Hole thick

of stone

in

inches
to

over three 48-inch

with an

by 28

feet

long culverts

an

unnamed
feet

ditch adjacent

the

Paw Paw River

invert elevation

of approximately completion with of the

575.0

IGD

1985 and

top elevation construction

of 580.25 feet the

IGLD 1985
will

Upon

mitigation restoration

area and golf hole

stone and culverts

be removed

of the area to original

ground contours

No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Deparcment
of the

Arm

Permit

Evaluation

File

Page

CORPS0001 869

Temporary
facilitated

Crossing use

of Wetland

for feet

construction

of the

tee boxes for Golf Hole

would be upon

with

of 36 linear

of steel or

wood

construction

mats

to

be removed

completion

of tee construction

Structures in navigable

waters

Golf Cart Path Bridges over

the

The
each

applicant

also

currently long

proposes
feet

to

construct

two golf

cart

bridges

Paw Paw
Skid

River

100

to

150

feet

by 12

wide near Holes

and 15

Boat Launch

Pier

45 foot long by

foot

wide skid

pier

is

proposed

Irrigation

Water
coffer

Intake

One temporary 40
be removed
steel at

foot long steel sheet pile of the water the

wallwill be
structure
Install

installed

for

temporary
linear feet inch

dam

to

completion

intake

Construct
feet

40
of 28

of permanent intake pipe

sheet pile wall along

the

new

shoreline

ten linear

diameter

within

newly constructed

riverbank

cove

Irrigation

pipes

Bore 0.5 foot

irrigation

mainline

feet

under the bed of

mainline
feet

the

Paw Paw River

the

between

Golf Holes 14 and 17 River

at

Bore 0.33 foot

irrigation

below

bed of the

Paw Paw

Golf Hole

15

Mitigation

As mitigation

for impacts proposes

including
to

the discharges
total

into wetlands 7.84

adjacent

to

the

Paw Paw
adjacent material
total

River
to

the applicant

restore

of no less than

acres of wetlands
fill

the Paw Paw River by removing past industrial commercial from proposed locations noted on the plans as Areas and but not
all

and municipal Areas

wetlands

and due
to

8.88 acres in size side slopes

original

of these areas would

be expected

to

support

necessary restore the

excavated from existing elevations

The proposed
to

excavation

would
in

wetland elevations and hydrologic

for impacts fairway
in

connections of the

the

Paw Paw River

River
is

each
in

area Area

Additional south

mitigation

the floodplain

Paw Paw

proposed

of the Hole

and across the fairway

from the river

In

addition

this

project has

involves

wetland discharges

and stream
agencies
to

enclosure the
State

in

waters

where

primary jurisdiction Department

ravine
fill

been transferred from Federal Quality The

feet
fill

of 10

Michigan
would
entail the

of Environmental the enclosure of

proposed development

of Hole

1085
of

of an

unnamed

tributary to

the

Paw Paw River and

to

discharge

of

9850

cubic

yards

material in two topographic

wetland

areas adjacent 0.51

the North

Shore Onto

Drain an unnamed
site

tributary
is

on

the

USGS

map totaling
enclosed

acres in extent

stream

mitigation

proposed by returning
referred to

the existing
as

Sawyer

County Drain

an

open channel
corridor
will

This
begin

is

commonly
east

daylighting
into the

stream

This

restored stream

on the

side of

M-63 and empty

Paw Paw

River

Also associated

with

this

project

is

previously

authorized

discharge

of

fill

material

in

Darrmenr

of

th Arrn

Permit

Evaluation

File

No

05-054-002-0

Page

HARBOR

SHORES-MARINAS

GOLF COURSE BOAT

LAUNCH

CORPS0001 870

wetlands

adjacent
siting

to

the

Paw Paw

River on property owned by the City of St Joseph

the City of St Joseph proposes
to

Michigan
permit

To

assist

of the
to

golf course

modify and

the existing

03-054-001-0
the

accommodate
east of material
to

housing development

and Holes

CSX

on property north of proposes

to

railroad tracks yards

the

M-63
in

and south of Kiock

acres of wetland uplands located

Road
adjacent
in

The
to

city

discharge

2667 cubic
mitigation

of

fill

1.80

the

Paw Paw River

Area
permit

As
and
with the

city

proposes
1.91

excavate

Wetland

Mitigation the
earlier

combine

the required

acres of wetland

mitigation of the

associated

with

current activity

Mitigation

Area Harbor

is

north

CSX

railroad and east of

M-63

near the
for

west

bank

of the

Paw Paw River

Shores of the

Redevelopment
1.91

would be

responsible

successful

creation

monitoring and maintenance

acres of wetland approved

under the previous

permit

Purpose

The

applicants

stated

purpose for

the

work

is

to

construct

mixed-use

development

including
facilities

approximately 1000 housing units

centered

two hotels

and other commercial

as

and recreational
in

on

championship Michigan
to

scale golf course

an

economic

enabler
July

the Benton

Harbor
defined

and St Joseph
the basic use

area

The
the

original

application

package Harbor

2005

End
to

purpose

revitalize

economy

of the Benton

area by developing
strives

mixedthe

development

based on recreation
vacation

and waterfront
creating

utilization

which

accomplish from
with

goals urban

of

creating

destination
life

market and

for

second home

buyers

larger

areas

improves the quality of Benton Harbor has

Regulations
to

for residents

integrates to

development
define

the

natural

scenery with

offer

We

are

responsible
the the

accordance

NEPA

the purpose and need in

Appendix purpose under

reason

objective

of the project Guidelines

to

33 CFR

320.4a2ii We guidance
permit
activities

and the overall have determined

described

project
that
is

404b1

and subsequent

the to

why
on

the applicant

proposes

conduct the housing

in

DA

above

develop
centered

mixed use development championship

with

commercial Harbor

and recreational

facilities

golf course

the Benton

and St Joseph

Michigan

area

We
Title

are reviewing
to

this

application

for the

Department
Secretaiy

of the

Army permit
Section 10

under authority

delegated

the District of Federal

Engineer by Regulations

of the

33 Code

Army and the Chief of Engineers by

to

Part 325.8 Act.1

pursuant

of the River and Harbor

Act and Section

404 of the Clean Water

In

1983
to

Memorandum
evaluate

of

Agreement

between
to as

U.S
State

Environmental
for

Protection covered only

Agency
under

and

the

State

of

Michigan

authority

permits are

was transferred
referred
to

the

waters

Section

404

of the Clean
project

Water Act
under permit permit

These

commonly
both

State-transferred
traditional

waters or simply
Section
the

transferred and impacts

waters The
wetlands requires

consideration authority

includes

transferred
the

waters and

10 waters projects

adjacent
to

where

was retained by

Corps of Engineers

majority of

waters

from

the

Corps of Engineers

Department

of the

Arm

Permit

Evaluation

File

No

05-054-0010

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Page

CORPS0001

871

Public regarding

Involvement
the project
is

list

of the
to

agencies interested groups

Notice dated April

and

the

public

consulted expired

attached the

the Public

13 2006 which

on

May

2006

End

Earlier

MDEQ
now

published

two Public

Notices

and held hearings

Both of

those notices

describe

earlier

revised

versions

of the overall

project

Harbor Shores provided

applied

for

water

intake

for

golf course

irrigation

project

The

MIDEQ
Notice

the Corps with

File

copy

of the application

and the June

22
this

2007 State public notice

corrected proposal Public with

MDEQ
7.a
The agencies

number 07-11-62-P

End

and an August
but coordinated
the

2007

End

Corps did not issue The

public Public

notice

resource

MDEQ

held

Hearing on

water

intake

on September by
letter

2007
dated

End
October

The MIDEQ
2007

coordinated

agency

and public comments

with

the applicant

End
the Corps Public

Since three

Notice

was

issued

the

applicant abandoned the

left

negotiations

to

purchase

the

Boerma

parcels

north

of Klock

Road

along

bank of the Paw

to

Paw
price

River
the

Because

the applicant

determined

this

property

was unavailable

due

the asking

golf course

was
start

re-designed south of

The numbering
cross

of golf course

Holes was
continue

changed
north

The

golf course

Ox Creek

the river to the through ravine

this

west
in

along

M-63
at the

would now The front nine former Hole reduced Area

in are

would be completed with

location impacts

Holes

Jean

Klock

Park

Hole

10

would cross
to

the Golf

Road
in

north of

Higman Park Road with somewhat

for the Practice

the stream
for

and ravine

location

Uplands once reserved The

following
in
is

now proposed

other non-golf compared

to

development
the

summary
Public

of differences

the

current proposal

as

proposal

described

the Corps

Notice

Navigation

improvements

on Paw Paw River

Reconfiguration longer

of the

CSX

railroad

bridge

to

allow

greater vertical

clearance

is

no

proposed

Construction longer

of two

small marinas

in

wetlands

adjacent

to

the

Paw Paw

River

are

no

proposed

Dredging proposed

for navigational

access

in

the

Paw Paw River

to

the

marinas

is

no longer

proposed public River

boat

launch

was

relocated

downstream

nearer

to

the

St Joseph

Rearrangement abandoned The

of golf course
is

holes

and numbering
of the

The former Holes

and
is

10

and

11

were

former Hole
are essentially

now
the

the

beginning but

back nine

now Hole 10

Many

of the holes

same

renumbered

Dcpartrlent of th

Aym

Permit

Evaltwtion

File

No

05-054-002-0

Page

HARBOR SHORES-MARINAS

GOLF COURSE BOAT

LAUNCH

CORPS0001 872

Overall Public

reduction

in

proposed wetland

discharge

area
13.61

The

original

proposal put on
discharges
in

Notice
the

by

MIDEQ

on September

21

2005 included

acres of wetland

Relocating

originally proposed Hole

11 and

number

of other smaller changes

proposed

wetland impact
are

discharges
at the

has reduced the proposed wetland

site

impacts

The

1.80 acres of wetland the design

in

City
in

of St Joseph
the

has remained

the same

throughout

changes and
public
in

not

included

following

totals

The

original

proposal

described

the
as

Corps

notice

had 6.33

acres of wetland public notice

In

discharges

Impacts
total

were reduced further

of 5.87
total

described

the

second and

MDEQ
is

End

34

to

wetland discharge
the

acres in both

federal

state

jurisdiction 3.82 acres

the plans

currently

under consideration
Federal

proposed wetlands

discharge

of which

3.31

acres requires

permit

The
previously

Practice
for the for

and Short

Game
of

Area

is

now proposed

in

an

upland area near Area

is

Ox Creek
is

reserved

housing development
side

The

former Practice
north access

predominately an
This area

upland area along

currently reserved

south

Higman Park Road and

with
at

of the river path

site that for

residential

development

public

recreational of

use The
to

Residential applicant wetlands

development

was previously
statement

proposed

the brownfield

south

Ox Creek
impacts

provided

written

on

May

10 2007
in

End
location

10
for

no additional

or floodplains

would occur

from the switch

the residential

development

Reduction
as as

in the

extent

of stream

enclosure
result in

The

former Hole
feet

has

been renumbered

Hole

10

It

has

been redesigned

and would

1085
feet at

of stream

enclosure
at

The work

described
feet

in

the Corps Public enclosure

are

Notice

included
outfall

1200

of stream the

relocation

Hole 10 and two small

not be

170

of stream crossings

with

new

structure

Paw Paw River

part

Now
will

stream

proposed near the Paw Paw River

structure to the

but that

of the stream

enclosed

and the

outfall

river

is

not nccdcd

Avoidance
fairways
for

of state-threatened

plants by establishing

fenced

out

of bounds

areas in

Holes

and

Rearrangement
bridges
are

of golf cart

boardwalks

and bridges

over

the river

Two

not four

currently

proposed

The Corps performed

holes are proposed consulting
to

review
if

of Jean
it

Klock
historic

Park

in

Benton

Harbor

where
solicited in

three of the golf

determine

is

an

property

The Corps
as

comments from

potential

parties

by

letter

dated

January

30 2007

discussed

Section

IV

of this

document

Federal State Local

and Public

Comments

Relating

to

the Activity

Federal

U.S Environmental

Protection

Agency

EPA

EPA

objected

to

the

project

as

originally

Delarrmenr

of

chc

.Arrn

Permit

Eualuarion

File

No

O5O54OO2-O

Page

HARBOR SHORESMARINAS

GOLF COURSE BOAT LAUNCH

CORPS0001

873

proposed
enclosure objection response

in the in

Corps Public

Notice

6.33

acres of wetland

discharges

and 450 2006

feet

of stream This In

Corps non

state-transferred to

waters

by

letter

dated but

May

End ii
soon

caused
to

the applicant

withdraw
stated

the application not

they reapplied

thereafter

our coordination

EPA

they would

comment on

the proposed water

intake

End

15
also responded to
original the to

EPA
their

two
this

MDEQ

Public

Notices
proposal stream
to

In

EPAs
for

final

position stream

they withdrew mitigation should

objection
that

project pending the

acceptable

End
original

12 EPA
the stream

stated as to

rather

than relocating

the east the applicant mitigation described

enclose

originally proposed

and seek

appropriate
to the

stream

off-site in

EPAs

comment
Public

MDEQ

on June 14 2006

objected

work
in

as

the second waters

MIDEQ

Notice

including

1200

feet

of stream

enclosure

state-transferred

End 13

The

impacts

and issues which

will

they addressed
in

any

rebuttals

from

the

applicant

and our ultimate

determination

be summarized

appropriate

sections

of our evaluation

below

U.S

Fish

and Wildlife
to

Service

FWS
Informal

After Notice

requesting

an

extension

of time to

comment FWS
permit not be on

responded

the Corps Public 16

on

May 12

2006

and recommended was

Species
for

issued June

Ends
22
2007

16a
17

Endangered

Species

Act consultation Endangered

roost trees

completed
consultation Indiana

Ends

17.a
request
in to

We

completed
specific

additional potential
letter

following

the applicants provided

remove August

the

hat and
to

FWS

comments
of the water

an

2007

Endl.18
dated

18a
August

FWS
22
2007

responded

our coordination

intake

proposal

via an

email

End 19
FWS
letter

also responded to the dated

as

MIDEQ
first

Public

Notices

FWS

objected

to

the second

public

notice
to

by

December 14 2006
described
in the

End 20 FWS objected

MDEQ
public notice

on March

2006

End

20

the

project

The

impacts

and issues

FWS
will

addressed any response

in

or rebuttals sections

from the applicant

of our evaluation

and our

ultimate

determination

he summarized

appropriate

below

National

Park Service
in

NPS
Kiock

NPS
Park

has recently
for

given

approval

to

convert

City of
letter to

Benlon Harbor park lands Michigan Department

Jean

use as Golf Holes Grants Division

and
dated

by
July

of Natural denied

Resources

MIDNR
application

25

2008

End
the

22
park

Prior to that lands

for

NPS
as

the original

by the City of Benton Following

in

Harbor

to

convert

use
the

part

of the golf course application the without

End 23
prejudice
for

NPS

original

decision
letter

Corps denied

HSCRI

November
land

2007

The Corps commented on

originally responded to the
to

second application
Notice

the park

conversion

End 24 End 25 NPS

of the project

Corps Public
assistance

End
the

26

citing

possible

impacts

public

parks Jean

developed with Kiock

Park

from

Land and Water

parks
in the

Conservation

Fund

LWCF
outside of

program

was not mentioned

but two

City of St Joseph

Dejartment

of

the

Ann\

Pmiit

Ei.aluation

Fik

No

O5-O54OO2O

Pa

HARBOR SHORESMARINAS

GOLF COLTRSE

BOAT LAUNCH

CORPS0001 874

the project boundaries administrator

in

were

The Corps was

referred to

the

MDNR

Grants

Division the program

Michigan

for further information

Congressional Congressman
loss

No

letters

of interest
letter to

were

sent directly dated

in

from any member of Congress

John Conyers sent Harbor residents

justice

the

MIDEQ

January

11 2007

indicating
entail

that

the

of Benton

access
the city

to

open space

Jean

Kiock

Park might

an

environmental
to

impact on

End 27
February

Steven

Chester

MDEQ

Director responded Fred Upton

Congressman

Conyers by

letter

dated

12 2007

End 28
2006

Congressman

sponsored an interagency

meeting regarding

the project

on July

End 29
the Corps

Advisory Council on Historic

regarding Register

Preservation

ACHP
property an
historic

ACHP

contacted

our determination
of Historic

that

Jean
is

Klock
an

Park was

not eligible

for listing

on the National
the Corps

Places and
that that

not

historic
is

End 30 ACBP reviewed

property
In their

and

SHPO
the

concurrence

Jean the

Kiock Park

not

letter that

ACHP stated
be

April
will

27

2007

Corps
the

determination

was

appropriate Register

and they

not

request

determination

made by

Keeper

of the National

State applications public

Michigan

Department

of Environmental State public

Quality

MIDEQ
issued

has

processed

two and

for this development

notice

was

on September

21 2005

hearing

was

held

on November

2005

End 31
fill

Proposed

work included

124455 86423 18500 7333

cubic cubic cubic

yards in yards yards

13.61

acres of wetland
fill in

of floodplain of dredging

the

Paw Paw

River
in

cubic

yards of excavation

for

two

small marinas

the

Paw Paw

River

817 cubic
87 cubic

yards yards boat

of riprap in the marinas for shoreline of riprap for outlet structures

inlet

protection

structures

and four bridges

50x 64

launch

Other proposed work not

enclosure

listed

in

the public

notice

included

1200

feet

of stream of an email

upstream

of
to

Higman Park Road

noting
that

the

Higman Road and 450 feet of stream Paw Paw River On October 27 2005
401 of the Clean Water
issues
file

Park

enclosure

downstream

MDEQ

sent the Corps

Federal

Consistency
Section

had not been determined under Michigans Coastal Act

Management

Program nor under

letter

End 32

MIDEQ

sent the applicant

to

noting

several

outstanding

on the

first

application

including

revisions

the wetland

delineation

End 33

The

first

05-11-110

was

withdrawn

by the applicant

The second
the partial

file 06-11-142

was

started

after

the applicant

immediately reapplied

but before issued

re-design

of the golf course

was

proposed

second State public notice 2007

was

on

November

2006

End

34
in

and

Public

Hearing was held on January

Public Notice

End 35

The

proposed work described

the second

MDEQ

included

Department

I-IARBOR

No 05-054-002-0 SHORES-MARINAS GOLF COURSE BOAT LAUNCH

of the Permit

Arm

Evaluation

File

Page

CORPS0001

875

57959 45685

cubic cubic

yards yards

in in

5.87

acres of wetland fill 100-year

in 2.3

9.2 acres of the yards

floodplain

of the

Paw Paw River

Of which 10 772
Enclose 1200
Construct Construct
Install Install Install feet

cubic

would be

acres of floodway jurisdiction

of stream stream

state-transferred

small

crossings over

golf cart cubic

bridges

in Corps jurisdiction the Paw Paw River

bridges over the

65.7

yards

of nprap

for golf cart

Paw Paw River

50 foot wide by 64 foot long Boat launch

with

skid pier jurisdiction

2025

feet

of boardwalks

over wetland

areas

not Corps
times

The
Public

current application

06-11-142 second

has

been revised
permit
to

several

since the

second State
with

Notice

MIDEQ
to

offered

draft

the applicant

on April

27 2007
issued

some changes
include

the

work

description

and

revised

plan sheets

Work
permit there

described

does not

the City of St Joseph conditioned

work

area

Holes
to

and

The
until

was
is

May

2007

End 36 MDEQ
accepted the stream

the permit

not allow

work

stream

mitigation

plan and added numerous

conditions

for wetland mitigation

final

Later

MDEQ

conditionally

mitigation

plan with

plan

to

be

furnished

later

End

36.a

Work

approved

by the second

draft

permit

now

signed

by the applicant

includes

35000
7.84

cubic

yards

in

3.82

acres of wetland fill with corrections

to

acres of wetland cubic yards

in

mitigation the 100-year

the wetland

mitigation

plan

54780
cubic

floodplain

with

59600

yards of compensating

cut

Enclose
Construct Construct
Install

1060

linear

feet

of stream

two culverts
three golf cart yards bridges

over Paw Paw River

bridges
in

30 cubic

of riprap for golf cart

Paw Paw River

45 foot long
foot wide

Excavate
install

300 cubic

yards

and discharge

50 cubic
boat

yards of base material with

40 foot wide by 66 foot long

ramp

skid pier
Install

2000

feet

of 12

foot wide boardwalks

over

wetland areas

Application
after

for the proposed

water intake
permit After

for golf course

irrigation

was

submitted the intake

its

to

MIDEQ
permit or

the golf course

construction

was

issued design

MIDEQ
changes

evaluated

separately

under

MDEQ

file

07-1 1-62-P

several

MDEQ
Water

issued
to

respective permit

on November
provide reporting

2007 with on annual

special conditions

including
to the

the requirement

obtain

water withdrawals

MIDEQ
has

Bureau

End 37
for the project

Section

401 Water

Quality

Certification plans

MDEQ
to

issued

permit

pending further information

and mitigation presume

that

be

provided

by the applicant be granted

37

From

this the Corps can

401 Certification

will

see Ends 36 when acceptable

Department

of

the

Army Permit Evaluation

File

No

05-054-002-0

Page

10

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS0001 876

further information

is

provided

to

MDEQ
of

and

that

the

MDEQ

email
is

dated

October 27 2006 concern

End 32
issued Protection
the

asking

us not to

issue because intake

CZM
The

and 401 issues

no longer

MDEQ
for

permit

for the water

under Part 301 Inland

Stream and Part 31 Floodplain assume 401 and

on November

2007

End 37

Corps can

CZM

approval

water intake

Coastal Section obtained overriding

Zone

307 of the 1972 Coastal

or waived

Management Act We presume that the proposal Zone Management Act and that CZM

is

consistent under

Certification has been

because

MDEQ

has

issued

permit

for

the golf course

development

thus
to

the earlier of

issue because

MDEQ email dated pending CZM review

permit
to to

October

27

2007

End 36

asking

the Corps not

MDEQ
Several
affect

issued

the applicant

with

numerous by

special

conditions

End 36
that

modifications

the permit

have been approved

MDEQ

The

modifications

work

in

Corps

jurisdiction

include

Bank

Stabilization and Debris Crossing pipe

Removal

Golf Hole

15

Temporary
Irrigation

for Golf Hole of

crossings

Paw Paw River

near Golf Holes

14

and 15

Temporary

Wetland

Crossing Golf Hole

Earlier

the Michigan Consistency

Department and Section

in

of Environmental

Quality

MIDEQ

withheld

Coastal

Zone

Management

401 Water

Quality
to

Certification

for the

proposed work
in

End 32
particular

This was based

the stream

part
at

on

EPA

objections with

the originally proposed project mitigation Early

enclosure

Golf Road

no stream

MIDEQ

staff

review

on September

21
on

2005 recommended
in

denial

of the original proposal lack of wetland

End 38

Staff lack

commented on marina
of adequate discussion

impacts

Great

Lakes

wetlands

impact avoidance

alternatives

for

siting

golf course

and lack of

wetland mitigation

plan

Office

of the Governor

The

project

was

originally presented

in

an executive

level

briefing sponsored by the State of materials included as description enabler

for

Michigan on September
project

2005

End 39
The

The

briefing

of the overall

500 acre mixed use recreation/resort

applicant presented

development
the

an

broad based community development

work

in

two

applications breakwater channel

File

Number 05-054-000-0
the

proposed two new marinas and

the

one with 36
slips

24 boat and The

slips

and

along

St Joseph River north bank

of the

other with

new
second

entrance

at the

confluence

Paw Paw River and

here included

the St Joseph River

application golf course

05-054-002-0
with impacts

under review
to

the following

proposed work

Boat launch 1200

feet

13.47

acres of wetlands

not

state

transferred

waters
This

of stream

enclosure

in

state-transferred in

waters and
the

four cart

path bridges construction

proposal

also included

18000

yards of dredging

Paw Paw River

of another

Department

of the

Army Permit Evaluation

File

No

05-054-002-0

Page

11

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS0001 877

two marinas

with

11

and 31

slips

and an additional
with
in

7400

cubic

yards

of dredging

Proposed

wetland mitigation

was

20.84 acres development

to state

no

reported

additional Shores support

impacts
project

from associated

residential/commercial Office various

the

overall

Harbor
in

The Governors
signed

wrote agency

memorandum
directors

agency personnel
assistance
in

of the project

by

pledging

their

review

of project

End 40
that

State Historic not

affect

Preservation

Officer

S-O
at

SHPO
that

has

concluded

the project

would

any
letter

historic

or archaeological

properties

Jean Kiock
Jean

Park on April KlQck Park was

2007

End
with
the

41
has

By

dated

August ii 2006
architect

SHIPO

indicated

associated

the famous
historic

landscape

Jens

Jensen

and requested

the Corps evaluate

whether

park

significance

Encl.42

The

applicant hired Hitchcock

Design who
2006

prepared

Historic

Assessment report for Jean

provided

Kiock

Park

dated

October

End
at

43 On
SHPO
Kiock

October

24 2006 SHPO
letter

the Corps with

effects

critique of this report

historic architectural

End 44
Jean

requested

further information dated

on possible 2006

on

values

Park by

May
to

End

45
May
is

In response

query
site

from the Corps on

within Jean

2006

SHPO
that

provided
it is

further information for listing

in

on
the

one archaeological
National Register

Klock

Park and

stated

not

eligible

of Historic

Places and thus

not an

historic

property

End 46
survey of
in

Early

in

the process over 50

on February

13 2006 SHIPO responded

the project area submitted

to

the applicants the original

structures

years old within

with

application

2005

The

SHPO

determined

that

none were

eligible

for listing and found no effect

on

historic

properties

End 47
Department
of trust fund of Natural expenditures

Michigan Corps with

list

Resources
at

MIDNR
Kiock

Grants

Management provided
state

the

Jean

Park from
at

and federal sources

End 48

Over

$200000

in

LWCF

monies had been spent

Jean

Klock

Park

MIDNR
February
enclosure/ habitat species water

Fisheries

Division

MIDNR
effects

Fisheries

provided
water

letter

to

MIDEQ

dated stream

13 2006

End 49
riparian

regarding

on stream

quality from the proposed provided

relocation avoiding

On November
habitat

2005

MDNR

Fisheries

comments on

stream

loss

dredging provided

small craft

navigation
via

and state-endangered
dated July

End 50

MIDNR

Fisheries
that

comment

email
to

20

2007 on

the

intake

recommending

the intake

velocity

be evaluated

prevent

impingement

of fish

End 51
MIDNIR
Wildlife noting

Division

MIDNR

Wildlife

Division

provided
species an

comments on October
and one
state

25

2005

End 52
the

the presence project

of two Wildlife

state-threatened Division

concern

species

within

overall

area

performed

on-site review

and

provided

additional

comments on December

2005

End 53

Department

of

the

Army

Permit

Evaluation

File

No

O5O54-OO2O

Page

12

HARBOR SHORESMARINAS

GOLF COURSE BOAT LAUNCH

CORPS0001

878

Local
Joseph
the

No

local

governmental
for use
in part

officials

responded

to

the

public

notice

The

City of St

has

offered

land

of the golf course

associated

new housing
in

and for

part

of

wetland mitigation
golf course

The

City of Benton routes

Harbor has offered land

to

Jean

Kiock

Park for

part

of the

and for new access

the beach

and across the park

Public

Nongovernmental
objection

groups

and individuals

responded

to

the Corps Public

Notice

We

received

and comment

letters

from

Streeter

End
54.d.

54.a

Stock

End

54.b

and

Hoilman

End
public

54.c
hearing

and

White

End
from

We

received

requests

for

see

End 54
54.k.

Bury

End

54.e

Drake

End
54.i

54.f
Davis

Boerma

End

54.g

Colcough

End 54.h

and

Jespersen

End

End

54.j

and

Snyder

End

In

addition

MIDEQ

provided

copies

of

comments

they received Public

in

response

to

their

original

Public Galien

Notice
River

September Conservation

21 2005
District

and subsequent

Hearing on November
District

2005 from

St Joseph River Conservation

End

55.a Myers Bauer

Snyder

End
55.e
55.i

55.b Davis

Divis

End
55.f

55.c
Krieger

Drake

End
55.g

55.d
Boerma

Odden and

End End
55.k
Stock

End

End

End
55.j

55.h Beach

the

Paw Paw River Watershed

Conservation

Steering

Committee
and

End

End
and

Wetlands

Association

End

55.1

Kellogg

End

55.m

End
also

55.n comments

MDEQ
dated

provided

they received

in

response

to

the second

MDEQ

Public

Notice
Products
for

November

2006 and subsequent

Stock Defense

Public

Hearing on January
of Place

2007 from

New

Corporation Great

Lakes

End 56 End 59
Trust

End 57
of Place

Defense

End 58

and the Alliance

to

the

also

provided

copy

of their testimony

the Michigan

Natural

Resources

Fund Board

End 60
comments under
interest

We

will

summarize

and evaluate
andlor
specific

the

appropriate factors

aspects
in

of the Environmental
ifi

Setting in Section

public

review

Section

below

List of communications

with

the applicant relative

to

permit

evaluation

We
by

furnished
letter

the applicant

with

copies

of

all

substantive

objections
to

to

the Corps Public or rebut them

Notice

dated

June

30 2006
to

and afforded
specifically

the opportunity
to issues

resolve

End 61
applicant
that

We

directed

the applicant

respond

of aquatic

resources

terrestrial

resources

wetlands
to

conservation

cultural

resources
letter

alternatives

and mitigation 2006

The
Since

responded
the

the objections/comments

by

dated

July

25

End 62

timc

project has

been substantially The

revised has

There have been numerous

also the

communications

from the

applicant and their agents of letters Additional

project

been substantially
applicant included

redesigned written

since this exchange statement

that

communications

from

Department

of

the

Army Permit Evaluation

File

No

05-054-002-0

Page

13

HARBOR

SHORES-MARINAS

GOLF COURSE BOAT LAUNCH

CORPS0001 879

switching

the residential

development and the and

from the brownfield would not

result

site in

south

of

Ox

Creek
to

to

the area or

between
floodplain than

Higman
areas

Park Road

river

additional
to

impacts

wetlands

End 10
3-year

request

from the agent

End 63
by

provide

five-year
to

rather

customary
applicant

expiration

date for any permit

alternatives

proffered

the

Corps
to

the applicant

The
2006
input
to

provided

supplemental
the Corps
in

End
on Jean
an

80

and

to

on

May
dated

14 2008
October

Kiock
historic

Park

letter

MDEQ on October 19 We also requested specific End 63.a 13 2006 End 64 and asked the applicant
analysis statement

provide

assessment

report

We
following applicant for the

had further communication

of this

with
their

the applicant permit

regarding

the

proposed water

intake

the addition provide an

work

to

application

analysis of alternative
in

water supply

sources

The Corps requested that the after we received the application

water supply water
with consultant

water intake
information
for

the

Paw Paw

River

End 37
July

The

applicants

provided

comparing

the water
turf

quality in test wells with

river

implications via email the intake

use

on golf course

on

17 2007

End 65

The Corps communicated

the water velocity
at

with

the

applicants

agents

regarding
to

the water intake addressed an

Issues with

and the type of screening The

be

used were
to

on September
analysis

24 and September
for

25 2007
water

Corps asked the applicant

provide

alternatives

the

irrigation

supply

The

applicant responded on October of constructing the water intake

and October
within

13 2007

Ends 66
in

66.a

The see

final

alternative

constructed

cove
Final
in the

the riverbank for the permit

End
intake

sheets

16-19

addressed

the safety and navigation

concerns
reflected plan
set

plans

water

were
dated

received

by the Corps on November

2007
the final

MDEQ
25

07-11-62-P

November 16-19

2007

and collected

in

dated

June

2008

End
The

Sheets

Corps provided

comments on

the February

13 2008 wetland

mitigation

plan

End 73
and

The

applicant

submitted

proposed Stream Mitigation on the stream

mitigation
in

Plan

on June 11 2007 2007

letter

End 67
67.a

additional

information

July

26

End
below

We
II

will

summarize

the

issues

and responses

under appropriate

sections

Environmental

Setting

Description flows

of the
to in

Area
where

The Paw Paw River

it

rises

in

the southwest

part of Michigan the Cities

and

southwesterly

discharges

into

the St Joseph

River

at

of St Joseph
for

and Benton
states

Harbor
acres

Berrien about
that

County Michigan
47 percent
of Berrien

The

USDA

Census
in

of Agriculture

2002

174009

or

County was

agriculture

The 1974 Census The remainder

and

of Agriculture

reported

about

53 percent

of Berrien

County was

farmland

consists of state
industrial

land private woodlot and resorts

abandoned

farmland

urban areas
is

recreational

areas

The Benton

Harbor-St Joseph area

the

largest

urban development

No 05-054-002-0 Dcjarrrnent of the Arm Permit Evaluation HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
File

Page

14

CORPS0001 880

in

Berrien

County
into

and Lake

is

an

important

industrial

area and commercial

interest in

lake

port

The

introduction lead to an

of salmonids increase
in

Michigan

and the expanded

Great Lakes

boating

has

the importance base

of the recreational declined places severely

lie

and tounsm

industries

of this area

Benton

Harbors
industrial

industrial sites

from 1970 through

of the

1990 and many abandoned

and waste

near the mouth

Paw Paw River

over the

The combined
few decades
in

population

of Benton

Harbor-St Joseph has

to to

decreased

steadily

last

from

approximately 27500

24300 19971
at

between
in

1970 and 1980 census

The combined
population

population

1990 was
has

22032

which

dropped

the 2000
in

The

of Berrien County

stabilized in the last decade

to

162453
through

2000

after.decreases

over three censuses

from 171000

164000

to

161 378 1970

1990
has drainage basin
is

Waterway
and the average
average
rate

Characteristics discharge
fall is

The Paw Paw River 444

cubic
feet In

area of 390 square miles long

is

miles an

per second
its

The

river

49.3

with

of
as

of 2.1

feet

per mile

upper reaches

the channel

narrow
through

shallow

and

meandering
flood

it

passes

through
the

mostly forested areas

of the river

Numerous meanders
to
its

marshy
Geological

plain characterize

lower reaches

mouth
few
to

The United

States

Survey has area

maintained and lowest

flows

Highest

Road gage since 1951 at Coloma annual mean flow ranges from 606
feet

miles upstream of the project

feet

273 cubic

per second

and
of the

daily average river

traffic
is

exceed 230 cubic

within the harbor

per second

90 percent

of the time

The

mouth

encompassed

project for the Port of St Joseph

and experiences
at river

some

from the Benton

Harbor Canal former

The
rail

CSX

Railroad
at

Bridge located

mile 0.3 limits River on

navigation

further upstream within

crossing

the

mouth

of the
is

Paw Paw
present

was

removed

the last few years

Part of the earthen

embankment
196
feet

still

the east
feet

side of the river

mouth Road

The

Paw

Paw River

is

about

wide

at

its

mouth and 162

wide
range

at

the Kiock

bridge

USGS
to

topographic

from approximately

feet

feet

below

Low

map Benton Harbor Water Datum of 577.5

is

MI

Water
feet

depths

IGLD

1985

At

Klock

Road

the site of proposed River

is

water

intake

the depth

feet

NOAA

Navigation

Chart
to

14930
Bridge Michigan

The Paw Paw

under the hydrologic

influence

of Lake

Michigan

up

mile 2.5

or one half mile

but not quite to the Paw Paw Avenue upstream of the North Shore Drive Bridge water stage of Lake in 1955 based on the mean high The Corps made this determination

USACE

Navigability

Study St Joseph River

Basin

Scope of Analysis
of public park land with the

Commenters Points
in

Multiple

commenters

voiced

concern over conversion

that this

Jean

Klock

Park

to

golf course

Commenters believed

was

inconsistent

original

donation the

of the park review

and unfairly infringed

for

on residents use
of park land

of the park

They

also

considered

NPS

process

the conversion

flawed

Corps Findings

In

addition

to

the activities include

which require specific

construction Park
activities in

DA
as

authorization

the

scope

of analysis for this evaluation including the small stream

will

state-transferred

waters

north

of

Higman

Road

also

known

the North

Shore Drain

Department

of

the

Army

Permit

Evaluation

File

No

05-054-002-0

Page

15

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS0001881

Additional

work

activities

not in waters

of the United

States

include upland
golf

tree

removal

grubbing
the ravine
at

excavation
the North

and relocation Shore Drain

mitigation

of earth materials from

numerous

areas including
in

the construction areas

in

of the three proposed

in

holes

Jean

Kiock

Park

and

the proposed usc

Golf course construction 22 acres of

this

Jean

Klock

Park would

change

land
are

and recreation
that

activity

City of Benton project

Harbor park
golfing

Also considered
operation

activities

would occur

from use of

the

finished

golf course

and

maintenance

and usc of ancillary

of the

facilities

including
All

the addition

of the water intake

in the

Paw

Paw

River

for irrigation

golf course

of these activities

would not occur but for the

proposed

DA
will

permit

activities

While

we

consider evaluate

secondary

impacts

from golf course construction

in in

in

the

park

NPS

has

the

primary whether beyond

role the the

to

and approve changes

of land use

ownership
Jean
local

of the park land

Determining
interest
is

proposed conversion scope

of this review
in

Kiock

Park

is

in the public

While

several

and regional residents have condemned the

proposed change
favor

use

the

owner

of the property offered

the City of Benton

to

Harbor

is

presumably
the portion

in

of the proposed

use and has

in

lease arrangement

the applicant regarding

for

of

the golf course application conversion appropriate

proposed
affect

Jean

Klock

Park

The Corps

decision

the permit

does not
of park

the independent

determination
trust

by
funds

the

NPS

on whether the proposed have been invested

is

land

where

state

and national

dollars

Action Areas

We 68
after

inspected

the site for jurisdictional

after

determinations flagging

on October 26 2005 and again on

consultant

November

17 2005

new wetland

was

installed by the wetland

see

End

Subsequently
several Portions
in

revised
visits

wetland delineation

plan

drawing
in

was prepared

by Abonmarche
plans

agency

These boundaries above

the

are reflected

the

MDEQ
The

permit
its

see

End

36

of the stream

Paw Paw River

to

along

Golf

Road and
overall

associated area
is

wetlands located of land

the ravine along

were determined
the in

be transferred
but includes

waters

project

primarily uses
as

Paw Paw River

the original

nearly 500 acres reflecting

wide array

described

Wetland

Delineation

Report

by Abonmarche

Consultants dated

June 2005

End 69
Presently structures

Cultural sub-station separates

Characteristics

on the

site

consist of houses controlled access

an

electrical

roads and abandoned

the

roadways Klock

M-63

modem
in

highway
holes
are

most of

project from Jean

in the

Park where

three of the golf course consultants report

to

proposed

Structures

project

area are described

for

SHPO
historic

End
value

70

None

of the structures

proposed
in

removal Park

were considered
are

of significant length
to in

Structures

and improvements The

Jean

Kiock
is

discussed

at

the Historic low-density

Assessment report
residential

project area

bordered

by Lake

Michigan
to

the

west

uses

to

the north the

Paw Paw River and

floodplain

the east

and commercial

and

Department

1-IARBOR

No 05-054-002-0 SHORES-MARINAS GOLF COURSE BOAT LAUNCH

of the

Arm-v Permit

Evaluation

FiLe

Page

16

CORPS0001 882

industrial

buildings
as

to

the

south

Lying
in

just

beyond Klock

these properties
to

are

areas that
to

could

be open

characterized lands

recreational
to

beach

Jean

Park

the

west

residential

the north

and wetlands

the east

and urban

and

industrial

uses use

to

the south
jurisdictional

The

Corps jurisdiction

report dated sector of the

March
overall

13 2006
project

End

68

discusses

land

and

features in each

Navigation
River
at

Characteristics

Small shallow
depths
to at

draft

boats and canoes

can

use

the

Paw Paw
to 11 feet

the current

time

Water

the mouth
feet

of the

Paw Paw

River vary from

bridge
to

below

Low

Water
at

Datum

and from

upstream of the
study

CSX

the North the lower

Shore
reach of

Drive bridge
the

River Mile 2.0

navigational
is

The Corps

navigation
to

1979

notes

that

Paw Paw

has

potential established channel

upstream
at that

Mile The
feet

North Shore Drive bridge and

St Joseph River downstream below

the

limit site

of federal navigation Federal navigation

point
to

of the
is

has

maintained The

21

Low

Water

Datum

and

used

by commercial

and recreational

vessels

constraints

and existing
of vessels

use patterns within

using
the
is

the
is

proposed work or structure

limited by the Ordinary

area are as follows

The

size

Paw Paw
feet

River
the

CSX

bride at River Mile 0.3

The low

point

of this bridge

1.0

above

High

Water

Mark Navigation The

Study of St Joseph River Basin

1979
near

The
the

original

application the

included

two small marinas upstream of the

applicant

Paw Paw River

clearance

developed

plan

CSX railroad with CSX which

any change

bridge

mouth

of

would have raised the

the railroad tracks
in

vertical efforts

enough

for small boats while

avoiding

to

These

were not carried forward and bridge

or in later versions
to
It

changes
if

were not included

will

the
to

December 2006
open
the

plans River

remains unclear
in

Harbor Shores

attempt

Paw Paw

small craft

navigation

the future

Physical/Chemical

Characteristics area
is

The
the
in

proposed permit

subject
little

to

erosion/flooding of any has been

due

to

high

seasonal

and flood flows

along
the

in

Paw Paw River

the

There

is

evidence

existing

erosion

problem

Paw Paw
Bridge

project

area

Much

of the river bank

lined with
to

riprap or foundry waste along the

to

footings

are lined with

are

riprap to reduce erosion located

at

Houses on

be removed
lots which but

south side of
the the

Higman Park Road

River
elevated
are likely

the highest

point

their

back up
it

Paw Paw
houses
are

Parts of these properties

are within

the

100-year

floodplain

appears

somewhat above
to

the base flood

elevation

Wetlands due
to

located the
fact

along the
that

Paw Paw

River

provide

erosion

prevention/flood

storage

they

are inundated inundation of

during
the

high

water periods

Some
North

large

wetland between

Corps aerial photography shows Shore Drive and Paw Paw Avenue the Similarly
is

of the available

large wetland River

is

north of the currently hydrologically

proposed Hole by the level

inundated

in

these photographs

The

Paw Paw
half

influenced

of Lake

Michigan

up

to

river

mile 2.5 one area

mile

upstream of the North

Shore Bridge

or nearly the entire

extent

of the project

North Shore Drain

drain accepts north and east runoff

above Higman

Park

Road

is

above the 100-year

floodplain

elevation
lots to

The
the

from M-63 north and west of

stream enclosure

the

project area and from residential

to

The

work

for

the

current Hole 10 and impacts

wetlands

Department

of the

Arm

Permit

Evaluation

HARBOR

SHORES-MARINAS

No 05-054-002-0 GOLF COURSE BOAT LAUNCH

File

Page

17

CORPS0001

883

adjacent

to to

the drain are addressed in the

MDEQ

permit

as

they are state-transferred

waters

Changes
waters

wetland

boundaries

are

reflected

on plan

sheets 22 and

26

regarding

state-transferred

along

North Shore Drain see

End 36
local

Water
through

from

the

Paw Paw River

drainage

and

direct

precipitation

presently

circulates

the proposed work flooding

area by means

of sheet flow

inflow

from road drainage

ditches
in

and
the

back

water

from the
18

Paw Paw

River

The

large

wetland north of Kiock

Road

currently arc linear acts as an

proposed Hole

area includes
to

portions
the river

of the former river channel during high

These
point

areas today

ponds
ad-hoc

but

can

be connected

flows
for

low

on the bank Another

boat

ramp on the downstream

18 green adjacent

side of the bridge flood

Paw Paw Avenue

low point near River

the

proposed Hole

would allow
to

water back into the

likely

Paw Paw

These wetland complexes

the

Paw Paw

River

provide

substantial
that

sediment removal and nutrient under water and

the

transformation

and production
an interchange channels
that

export

due

to

the fact

they are

during

high

flow events allowing

at

of materials

between

the wetlands
at

river

The

wetland

Hole
at is

has

defined of

enter the river even area not currently

low flows
for

large wetland complex discharge channel of fill This

occurs

the mouth
directly

Ox Creek
to

an the

proposed

wetland

also

connected

Paw Paw
The

River through

defined

even

at

low flows
this

and resulting low water elevations area

formerly

proposed Hole 12

would have impacted

Soils within intermixed with

the proposed disturbed

at

discharge/excavation or

area consist of the Cohoctah

soil

soil

series

soils

Urban

Land
revealed

sample
mineral

pit

in

the

large wetland typical Cohoctah

upstream of the bridge

soil profiles

Paw Paw Avenue

13 2006

dark

soil

similar to

see

March

inspection report

Sediments and physical

substrate of the the banks

bottom of the Paw Paw River are sandy with many areas of urban waste
currently the river

along

The

proposed boat ramp near Hole

contains

foundry

sand

and urban rubble

channels

on the bank of
unconsolidated

The

formerly

proposed small marinas

organic matter

within

wetland

were

in

bottom

areas

presumably
along with

and sand

The

applicant

submitted

river

sediment sediment were

levels

testing results analyzed

for

the original

application
volatile size

Twenty-eight samples of river

organics

PCBs

semi-volatile

organics

and metals

Generally low

of these contaminants

were

found Again

No

particle

analysis or general dredging

physical

descriptions

of

the samples were provided small marinas

are

river

navigational
at

and the two originally proposed

not

part

of the proposed work

this

time

Groundwater
golf course
test

quality

The
higher

applicant planned to than expected

use well

water

to

provide
salts

irrigation

of the

However

concentrations

of dissolved

were

reported

from

wells in an

area north
that

of the river
all

along Higman Park Road sources

The

applicants depth

water

supply

consultant

determined
unsuitable
in the

the groundwater
turf

investigated

to

of nearly 200 feet permit

for

would

be

for

maintaining

grass for the golf course

Subsequently
agent outlined

water intake
irrigation

Paw Paw River was submitted

in letter

The

applicants

the search of

alternatives

dated

October 13 2007

End

66.a

Dparrrnnt

of

the

Army

Permit

Evaluation

File

No

O5O54-OO2-O L.AUJ1JCH

Page

18

HARBOR SHORES-MARINAS GOLF COURSE BOAT

CORPS0001 884

Biological

Characteristics

The
are

Existing/Long

term

Vegetation

and Habitat
Delineation

Values Report up

for

each portion

of the

work

site

as follows

The Ahonmarche
areas in

Wetland

dated
the

June 2005 describes

area into 16 sub-units

wetland Areas

and upland and

530 acres of land by breaking

overall

are the

locations of two

marinas on the St Joseph River forms

are

evaluated
in

under File 05report sector

in

054-001-0 The Corps

Photographs and wetland delineation

site visit

available

the

Abonmarche
of each

report dated

March 13 2006

describes

the biological

values

general

terms

Upland
to

portions

of the property ravine with

These areas range

from contaminated

former

industrial

sites

heavily

wooded

mature hardwood
of

trees
great

The

ravine

area surrounding

the

currently stream

proposed Hole 10 has been the subject

assessment has been completed Associates

deal of study for state

and controversy
listed

habitat

survey

and Federally
field visit

species

was completed
on

by J.F

New

End 71
is

An

inter-agency

was

accomplished
songbirds

May 17 2006 that the Corps attended Several The project area observed in the wooded ravine
endangered
the

species
in the

of neo-tropical

migrant

were

summer

range

of the federally survey

as identified

Indiana
at

bat Myotis

sodalis
the

The
at

applicants

endangered

species 12

river bank

Hole
habitat

and across
for the

river

the originally proposed Hole

potential

moderate quality

Indiana

bat

Wetland
connections

portions
to

of the property
the

The

wetlands
to for

located

in

the

river

floodplain

with

and from

river

are

likely

provide

functions

of wildlife diversity and

in

abundance
variations inundation supporting including use flooded
in

aquatic

diversity level

and abundance regime

wide variety of species

large

response
to

to

the water high

Many

of these habitat

wetland

areas are subject

long
soil

term
areas birds that

during

water providing

fish

but are predominately saturated

emergent wetland
great blue vegetated

plants during

low water periods

These areas support

Fish

water

heron mallard wood

areas including

duck and
pike

kingfisher

spawning
could

by species

northern

and yellow
in

perch

occur during period but were not

in

flooding

events

Upland
relatively

game

birds not

may be
state

present

the current low water rose

observed wetlands Kiock

The
in

rare but

listed

swamp
level
life

mallow

is

present

several

of the
in

the project area are paludal

in

Other wetland areas such

that

as the large
is

basin

adjoining

M-63

Jean

Park

nature

is the water aquatic

relatively as

stable and areas are

inundated

year

round

These areas support few fish

such

turtles

and various

amphibians
is

but probably located

in

support

The

largest

wetland

discharge

area in the current proposal

Area
channel

for

the currently

proposed Hole
habitat

18

This area includes

two

sections

of the on the

former

river

that

now mimic pond

2005
site visit

Mallards
is

were observed by Corps monotypic

stand

staff

water during

an October

Much

of this area

of reed canary

grass Phalaris

arundinacea

Ripanan
altered

portions
residential

of the property
fills

at the waters

edge

Much

of the rivers

edge has been

areas have

by

and

industrial

waste deposits

Large undisturbed

wetland

Department

of

tIte

Arrn

Permit

Evaluation

File

No

05-054-002-0

Page

HARBOR SHORES-MARINAS GOLF COURSE

BOAT LAUNCH

CORPS0001

885

natural banks
original

near Hole
tried to

where

the

small marinas of linear

had been proposed

and near Hole 16

The

proposal
activities

take advantage
river

upland areas along

various of 12 types or

the river created but

in

by past
in

dumping
recent

Nearby
lines

banks contain

of refuse inches

have

stabilized

years and support

of cottonwood

trees

more

diameter

Hole

and

the former Hole Indiana roosting through design

12
time

Large coitonwoods

could

potentially provide

roost tree

habitat for the bats for

bat
at

These
this

trees

do not exhibit loose bark

river

which
to

is

preferred

by Indiana

Other

bank areas tend

municipal waste

support

few and

trees

or younger trees

growing

more
included

recently deposited three golf holes

Holes
thin

18

The
strip

original

golf course

running
to the

along

upland riparian

with

greater than

two

acres of wetland
into

impact each due

need

to

widen the upland areas

into

golf fairways involves

and

the adjoining

wetlands
feet

The

currently proposed Wetland riparian

Mitigation

Area

excavation

of several

of waste materials from

dumping area

Benthos community former

river

The

only work

in the

river

will

be minor excavation
the

for

the boat

ramp

at

bank dumping area and the placement of riprap for

the

three golf course

bridges

MIDEQ
state

is

studying
rare

benthic
in

community

in

the lower several

Paw Paw River

mussels

There are old reports of snuffbox elktoe

portions of the

listed

species

the area including

freshwater

slippershell

mussel and round pigtoe The

status

from

the

lower
in

Paw Paw
the area
is

River or adjacent
uncertain benthic
the

St Joseph River
not provided
originally

of the lake sturgeon

The

applicants

have

descriptions

of the physical substrate or the

current

community

The

proposed dredging

of the river has been dropped

from

current application

Water
River

Column

The

proposed boat ramp and golf

variety of fish and an

cart

bridge

riprap areas in the of benthic

Paw Paw

provide

habitat for

unknown

community

invertebrates

The
floodplain
hills

most readily

identifiable

natural

feature in the study

area

is

large

wetland
high sand

surrounding

the lower two

river

miles of the
after

Paw Paw
1930s and

River

with flows

surrounding north of
off
its

and dunes
channel
that

The

was

relocated

the

now

remnant

original

between
Jean

Higman Park Road and Kiock

Klock Park
Residential

Road

M-63

cuts

the former river

channel

entered

and commercial

development

and

great deal
large

of past dumping aquatic

are to

of municipal

industrial

and construction

waste have fragmented

10 acres
in

former

complex

However

four remaining Mitigation

the

wetland areas exceed Area

size

and four others wetland

to

acres in size

Wetland

would reconnect

acre remnant

14 acre wetland

complex

adjoining

river

Cumulative
area for which

Impact Area

CIA
with

For

the

purpose of
is

this

application mile long

review
lower

the geographic of the

we
its

are

reviewing cumulative

effects

the 2.3

reach

Paw

Paw River
application resources

to
is

confluence

the St Joseph

River

The
with

type

of project

epitomized
to

by

this

large scale
this

infrastructure improvements similar projects

substantial

impacts

existing

aquatic

Within

area

and permit

decisions

on them

have included

Department

oft/k

Arm

Permit aluarion

File

No

05-054-002-0

Page

20

HARBOR

SHORES-MARINAS

GOLF COURSE BOAT

LAUNCH

CORPS0001 886

File

No

Applicant

Extent

or Size of Project of 70 slips for with

Action

05-054-000-0 03-054-003-0

Harbor Shores
City St Joseph

Two

marinas/total

SP

issued

2007

1.80 acre wetland

fill

NW
Now

issued under
for to

Brownfield redevelopment
1.90 acres of wetland

mitigation consideration of current modification

Now

proposed
golf

for

project

holes

accommodate
current project

03-054-001-0

Cities

of St

Joseph Harbor

0.76

acre wetland

fill

with

1.51

NW

issued

and Benton

ratio or 1.14 acres of wetland mitigation area within current project

mitigation constructed

and

in

monitoring

05 -043-001-0

North Shore Road Bridge Replacement

Rebuild

bridge

NW
site

issued

in

construction

86-054-003-3

Ox

Creek Company

700

slip

marina on 40 acre

Withdrawn
resolution bridge

pending
of fixed

This defined

project continues

an

established

pattern of similar projects impact

in

the cumulative
this

impact

area

above

We

will

consider

the cumulative

of continuing

development

The
navigation or elevation

anticipated dredging of the

to in

future

activities

within possible

the

CIA

include
in

future

stream remediation River

miles Possible of the

and removal

Ox Creek and
bridge
at

dredging

the

Paw Paw
Lake

CSX
earlier

River Mile 0.3 would make the lower

craft that

Paw Paw

River accessible
evaluated several

the type

of small

can

navigate

on

Michigan

The Corps
of large of

proposals

by the

Ox

Creek Company regarding

last

development

marina
fixed

just

upstream of the Conceptual

CSX

bridge the

proposal
for

was withdrawn
Shores

pending
project

resolution

bridge
for

pre-application

drawings show

the Harbor

shown

to

the

Corps

the earlier

versions

of this project substantial

that

the St Joseph

and Benton
boating

Harbor
access along the

communities

have considered and

residential

development

with

lower Paw Paw River

application supports Boaters
to

Ox Creek
held

Indeed

two small marinas

with

were part of modifying

the

original structural

and the applicant

gain

discussions

CSX
to

about

the bridge

few more

feet

of vertical
in

clearance
slip

make the proposed marinas possible

without access
to

would

not be

interested

boat

on

the

Paw Paw River

the St

Dparrment

of

tlu

Peymit

aluation

Fd No

O5O54-OO2-O

Page

21

HARBOR SHORESMARINAS

GOLF COURSE BOAT LAUNCH

CORPS0001 887

Joseph River and Lake

projects are
the

Michigan

The
site

impact

sites

and scopes

for these reasonably

to

foreseeable adjoining be

similar to this projects with

direct

and scope with regard

connection
to

disruptions

of wetland impacts

Paw Paw River

hydrologic

the waterway precisely

The

could

more

severe as the easiest

are

places

for potential

marinas
for

are

those places flows

where

natural

channels especially
to

present

These channels
the main river the

provide

movement

of water

and aquatic Through

in

animals

fish between application

and the adjacent reduced

wetland complexes
type of wetland decisions

revisions

the original

applicant has
for fair

this

impact
it

the current

proposal
to

Since

the District
to

strives

and consistent permit

permit decision
for

would be contrary
the

policy

and

arbitrary

foresee

different to

any similar projects within

impacts

CIA

The

CIA would

thus be subject within adjacent

current and anticipated or tributary aquatic

comprising one acre or

this

more of marina basins impact would

impacts
likely

wetlands
to

channels

Projects with
will

scope of

require mitigation

replace

functions

We

evaluate

those

below

ifi

Environmental

Impacts of

the

Proposed

Action

Identified Physical

Impacts

Effects

on Water

Quality

Construction

Impacts

Commenters points
loss

EPA

and

FWS

stated

that

stream

enclosures

would
avoid

result

in

substantial

of aquatic

resources
in

Shore Drain
transferred enters the

the

They recommend relocating the project to wooded ravine This stream and its two adjacent
and

the stream
are in

North
stateas
it

wetlands
for

waters

EPA

FWS
feet stated

also suggested of enclosure

that in

more

natural treatment

the stream

Paw Paw River 450

other objectors

Corps jurisdiction

was originally proposed

part of the lower pesticides

here

Several

the project compromises Effects

to

great

Paw
and

Paw River and crowds

fertilizers

the river

bank

water

quality from golf course

were cited

Applicants impacts digging

response/rebuttal
total

The
feet to

applicant

has

revised

the project to reduce has

stream

enclosure

from
into

of

1200

1060
enclose

Further
to

the applicant

abandoned

the concept of

the side of the forested ravine

relocate the portion stream

of the stream pipe with

in state-

transferred allow cool

waters

and

will to

instead

the existing

with

open

joints

to

groundwater
the applicant
this

enter the pipe and he discharged locate

near the

Paw Paw River

project in the
the

As
vicinity has

mitigation plan
for

will

and design

stream runoff

mitigation

project

work

is

still

pending

To

control
In

from the golf course

golf fairways
the

applicant

prepared course with

will

storm he

water

management plan
runoff
is

areas where

parallel

the river the

to

sloped

so that
to

directed

away from

river

River

banks are

be

planted

native

vegetation

provide

buffer

between

golf areas and the river

Department

of

the

Arm

Permit

EvaLuation

File

No

05-054-002-0

Page

22

HARBOR

SHORES-MARINAS

GOLF COURSE BOAT LAUNCH

CORPS0001

888

Cois
The

Findings

physical

disturbance

of the river
at

bottom during

excavation

and riprap placement

will

cause resuspension
This
will

of sediments

the point

of disturbance

and

for

limited radius around it

in are

cause

temporary reintroduction
of
fill

of particulates
into

and adsorbed contaminants

will

the water of

column
sufficient

The

discharge

material

the water cause

consist of materials

that

grain size

and inertness so

as to

more

than minor adverse

impacts

on

water

quality

All project-associated causing cubic negative impacts

excavated
to

graded

and

filled

areas would be subject

to

erosion thereby

water quality and backfill

until

the areas are stabilized the water river intake

The proposed minor 14

cause

yards of excavation

work

for

would

temporary
as the

sedimentation pipe
installation
is

and an increase
area would This
in

of turbidity enclosed

in the steel to

Adequate

controls

are proposed

be

by

sheet pilings erosion

Backfill

of the excavated clearing

bank and

material

proposed
activities

should not lead

excessive

The
in

extensive
large

land-shaping subject
to

uplands for the golf course

would

result

areas of bare ground

erosion

until

these areas are stabilized

In

summary

the

proposed excavation

and discharges

in

the river

and adjoining

wetlands

and
of or

the excavation

of former wetlands Areas with

for mitigation
will

would cause
quickly

minor temporary and prevent

degradation

water quality sedimentation could produce

erosion

riprap placement discharge

stabilize

further erosion mitigation areas

The

large wetland

and construction

of the wetland

substantial

sedimentation
in

and degradation and functioning

will

of river

water quality unless proper

vegetation
is

and sediment controls are

place

Once

established

on

these areas the risk of erosion

and sedimentation

be

reduced

In order to minimize the detrimental

impacts

on water quality due containment and

to

construction

the permit
in

could be conditioned wetland

to

to

require

use

of adequate use

stabilization will

measures

both

and upland and bank

work and equipment

disturbance
soil

areas

These measures by capturing

reduce the impacts suspended

due

bottom

during
its

construction dispersal

and confining

sediment and disturbed

prior to

Post-Construction

and Use Impacts

Commenters
course use

points

Several

commenters

mentioned

adverse

impacts asked

to

water quality from golf would become of former was

expressed
in that

of pesticides and fertilizers

to

Several use
if

cornmenters golf course

what

wetland areas converted

these former wetlands natural

golf course
to

the

failed
for

Concern

converted

uplands

would then be used

development

former

area and floodplain

Applicants response/rebuttal

The

applicant

proposed sedimentation

controls

including

using

Department Arm Permit Evaluation of No 05-054-002-0 HARBOR SHORES-MAR INAS GOLF COURSE BOAT LA LTNCH
the File

Page

23

CORPS0001 889

native
final

plants to create drainage plan

to that the

vegetated

buffer

at

the waters

edge

The

applicant

is

also

preparing

would

assure that

storm water drainage

from the golf course would be not

be

sent directly

river

End 36

Cois

Findings

The proposed
groundwater
replace
it

golf course

construction
that

would destroy

an

area that enter the

filters rainfall

runoff

and floodwaters

would otherwise

directly

waterway and would

this

with

new

source

area for runoff

pollutants

Pollutants

from

area

may

include

lawn
on

fertilizers

herbicides

and other pesticides

This would cause

long-term

negative

impact

water quality

The proposed
water

boat

ramp

will to

induce

increased

boater

use

of the area

which

will

in

turn cause

quality degradation

due

gasoline

and

oil

spills littering

and increased
the

turbidity

because

of propeller conditions

wash
permitting

limited

number

of small craft

would use

new ramp and most boats

River
to get to

would probably term impacts

to

enter the nearby St Joseph the lower

Lake Michigan

resulting in minor long

Paw Paw
contain

River

Runoff
herbicides

from developed golf areas would and other pesticides

In response

likely to

pollutants

such

as

fertilizers

concerns controls

expressed about
including using

this potential

pollution create
final

sources the applicant proposed sedimentation

vegetated drainage
sent

native
is

plants

to

buffer plan
that to

at

the

waters

edge see
that

plan

sheet

46

The

applicant

also

preparing

would assure
river

storm

water

drainage permit

from the golf course would be not be

the applicant including

directly

the

End 36
to

The

MDEQ
its

also notes

committed
the

to

working
River

with

outside

groups

develop

pollution

prevention
the

plan

Paw Paw
Turfgrass

Watershed

Project

Audubon

International

and

Michigan

State University

Environmental

Stewardship

Program

The cumulative
of small stream

impacts

of numerous applicant
am--ount
is

large stream preparing of stream

enclosures stream

could

result

in

substantial

loss

habitat an

The

mitigation existing

plan

which would
Similarly golf the golf

daylight
course

at

least

equivalent

from an

enclosure
as

represents

major conversion
if

of wetland habitats to
the

uplands for use

lost

The

wetland

mitigation

plan

successful

would more than replace The

large on-site

wetlands

with

greater area of selected

similarly situated wetlands they can

the

wetland mitigation
through accepting
in

areas were

because from

provide

water

quality improvements

and retaining
mitigation

floodwaters

Paw Paw

River

Successful

growth of vegetation
of sediments

the wetland
river

areas would of

enhance

deposition

and

filtration

from the

water

The

production

alternating vegetation

zones of aeration and anaerobic

will

conditions

typical

of actively

growing
also

wetland
other

remove

nitrates

from

the

water

column

Plant

growth

will

remove
will

major nutrients
their

including

phosphorus
ability

and

ammonium
projects reduce

Destruction

of wetlands
if

remove wetland

buffering

and cleansing accomplished

Numerous
greatly

such as this
quality

no adequate

mitigation

were

could

water

Department

of

th Armr Permit aluation

File

No

05-054-002-0

Page

24

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS0001 890

Overall
mitigation

the

operation

and use of the proposed activity

with

successful

wetland
quality

and stream

efforts would have

minor

long

term

negative

impact

on water

Denial

of the permit

would avoid

these

minor

long

term negative

impacts

to

water quality

permit acceptable

could

be issued with special conditions

as

follows

The
plan

applicant
to this

shall

provide prior
to

an

storm water

management plan and

wetland mitigation
prior to final

stream plan

mitigation

office

permit issuance
Guidelines

revised
also

consistent with issuance

Detroit

District

Mitigation the channels

could
to

be

required

permit

These would reduce

of open

impacts
that

due

water

quality impairment by insuring

to

replacement

flow stream

direct

cool

oxygenated water
to

the

river and by reducing

that

possible

pollutant

discharges

from

the

golf course

the river by insuring

wetland

water

quality functions

are fully replaced

Shore Erosion

and Accretion

Effects

Commenters

points

No comments
The

were received

on

this

topic

Applicants
areas

response/rebuttal
river

applicant

will

provide
to the

native

vegetation
that

buffer
the

between

golf

and the
accrete
all

banks

The

applicant

responded

Corps concern

water intake
to

could

materials

upstream and cause

for

erosional

effects

downstream and now proposed

remove

sheet piling

the coffer

dam

Corps Findings

The
catch

project

would reduce

the ability

of the wetlands wetlands

adjoining

the river

to

act

as

sediment

basin

The

project would

eliminate

and shallow

backwaters
with

which presently
basins of the

allow sediment trapping functions

the river
into
at

Without
increase

successful
in

mitigation
at

new

connected

to

high flow

elevations can

an be

sedimentation

the

mouth

Paw Paw
such

River

and

the St Joseph River

expected

The

cumulative

impacts

of numerous

projects version

on erosion

and accretion
mitigation Since

would become major long-term

plan
the

and negative
enter
all

The

current

of the wetland

would allow

flood

waters of the

to

three proposed

wetland mitigation
the the wetlands mitigation

areas
to

net

area and volume negative

new

basins

would

exceed

that

of
if

scheduled
is

he

filled

long-term

effects

on accretion

would be avoided

successfully

carried out

Regarding
the bank
at

the proposed water the

steel

intake

structure

temporary coffer dam

will stabilize

will

reduce

erosion

along

work

site

Backfill

after

completion

the bank

behind

new
be

permanent

sheet piling

wall
in

The temporary

sheet pilings for the coffer

to

darn will

completely removed
Detroit effect Districts

resulting

no long term change Branch River

flow patterns
final

at

the intake
to that

site

The
the

Hydraulics
structure

and Hydrology on
the

reviewed the

proposal

evaluate
the

of the intake

Paw Paw

End 72

They concluded

proposed

Dartment of the Aynr Permit Eualuation No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
File

Poge

25

CORPS0001891

work

would not impact erosion

or accretion

Tn

summary

the

project

with

successful

mitigation

will

have no impacts

on erosion

or

accretion

permit
suitable

could

he

issued

with

special conditions for approval accretion

as

follows

The

applicant
final that

shall

supply issuance This

wetland mitigation
the impacts

plan

by

this office

prior

to

permit

would reduce
allow
for

due

to

by providing

assurance

the plan

will

adequately

removal

of sediments

from flood waters

Effects

on Flood Hazards and Floodplain

Values

Commenters
upland

points

Several

commenters
on

expressed

concern

that

the golf course

and associated

development
included

would encroach
the

the floodplain along

and worsen

Commenters

owner

of

business

Kiock

flood damage risk Road and Paw Paw Avenue

Applicants
for

response/rebuttal

The
has

applicant has
less

prepared

several

flood

flow
the

models

to

review

The
for

MIDEQ
to

applicant

planned no
within
the

than

one

for

one

cut

from

floodplain

compensate

proposed

fills

floodplain

Corps Findings
under
static level

The

proposed work
of the Great

will

take place

in

an

area where water

water

levels

are

partially

control

Lakes Lake Michigan

range of variation flows

levels vary

over

the

long

term

by more
the

than five feet

is

providing
to

large

for base

flow water levels

However

area

also subject excavation

flooding

from high from

the

from upstream
to

The

project

includes within

reciprocal
the

of material
has

floodplain

balance

the as

floodplain

MDEQ
properties

proposed discharges
adequate
to

approved

the

proposed cuts

and

fills

protect

neighboring

The

proposed floodplain on
the

fills

will

decrease

the

hydraulic

efficiency

of the channel

encroachment
that

by
mitigation values
will

floodplain

However
storage

the project includes

floodplain

and wetland

would replace

the natural

of floodwaters

The

project could

impact floodplain which

in

by eliminating
increase flood
the

natural

floodplain

vegetation

and reducing
mitigation Executive

the roughness coefficient

for

peaks downstream

However
to

these effects

is

included

As such

work would

the plans

not he contrary

Order 11988

The
to

Detroit

Districts

Hydraulics

and Hydrology
structure affect

Branch

reviewed

the proposed

water

intake

evaluate
the

the effect

of the intake

on floodplain

elevations

End 72

They concluded

that

proposed work

would not

floodplain

elevations

The

proposed project would

result

in

new

golf course

partially

constructed

within

the

100-

year floodplain

No

buildings

are proposed within land uses within

the floodplain floodplain

Open

recreational
invite

areas are value

usually considered

appropriate

as they

do not

high

Depacrnenr

of

t/i.e

Arni Pernur Evaluation

Eil

No

O5-O54OO2-O

HARBOR

SHORES74A

NAS GOLF Co LTRSE

Page

26

BOAT

LA LJNCH

CORPS0001 892

damages

that

buildings
to

would incur from flood

in

events

Thus
to

the project would

risk

not

encourage
conditions

the applicant

invest

an

area which

would he subject

high

from flooding

The

cumulative

impacts

of numerous

such

projects

on flood hazards

would be minor

In

summary

the

project

will

have minor long

term negative

impacts

on flood

hazards

and

floodplain

values

Denial of the permit would avoid

floodplain

these minor negative

impacts

on flood

hazards

and

values

Effects

on Navigation

Commenters
discussions

points

No comments were received

the in effects

although

the Corps and

MDEQ

had several

with

the applicant concerning

of the originally proposed

navigational
the

improvements

and the two small marinas

the wetland

complex between

M-63 and

river

Applicants
2.0 miles

response/rebuttal

The

applicants

current plans

have relocated
to just

the

boat

launch

area

downstream

from the originally proposed location responded

at will to the

above the mouth of the Paw

the water intake constructed the

Paw River
structure

The

applicant
into

Corps

expressed intake
the

concern about would now

extending

the river

Kiock

Road
feet

The

be within
within

cove

in

the riverbank

The

pipe

extend
feet

from

new

riverbank

cove

The
to

originally proposed
feet

location bed
to

was 20
deflect

out into the channel

with

one

steel
still

sheet piling driven

above
to

the river boaters

debris

The end

of the pipe

would

be marked

with

buoy

warn

Corps Findings

Only
very

minor impacts
craft

would be expected
relocated boat launch

This

is

because

the area

is

currently

used only by upstream of

to the

small

The

on the

Paw Paw

River

is

proposed

just

the railroad bridge hazards boat of golf play

at

Boaters
as

using

the ramp

and heading downstream

in

would not be subject

of the project

they might have been

previous

iterations

which

had

ramp

the upstream

end

During
very

construction

no obstruction

to

navigation

would occur due

to

the very

light

use

by

small vessels

well able to avoid

the work

area

The

proposed work

and

structure

would not extend

into

or interfere

with

Federal

channel

The
cause

proposed work boat launch congestion low

to

structure enter the

the

and use

of the finished

structure area

would not
if

likely are

Some
allow

boats access

may

busy St Joseph bridge

In

River harbor

water

levels

sufficiently

under

CSX

summary

the project

will

have minor

No O5O54-OO2-O HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Departmnr
of

th

Arn

Prniit

EQaluation

File

Page

CORPS0001

893

long

term positive The

impacts
at

on navigation Klock cove

as

the lower not extend

It

Paw Paw

River

is

currently

very but

lightly

used
within

water intake

Road would
in

into the existing

channel

would be

newly The

constructed
is

the riverbank
feet

would be marked with point estimated

long-term

floating the

HDPE
to

buoy

river

approximately 162 Benton

water
1-larhor

wide

at

this

from

USGS
navigation
if
it

topographic
are

map

for

Michigan

Minor

negative

impacts
the

expected

from

the

intake

structure
to

Small boats could easily avoid

require
that

structure

is

marked
with

The

project could
the

be conditioned
life

the intake

pipe
in

is

effectively

marked
is

buoys throughout
to

of the project cost should

and
it

that

any structure
to

navigable with

waterway
in

subject future

removal

at

the

owners

be

determined

interfere

navigation

the

Water Harbor obtain

to

Supply and Conservation

water

No

impacts

would be

expected water

St Joseph
intakes

and Benton
area likely

from Lake
anticipate

Michigan no impacts

There
to
is

are

no existing

in the

he affected

and we
the

any drinking
expected
to

water

aquifer

Peak

water or

withdrawal from
3.119 cubic This
feet

proposed water intake

be 1400 gallons permit minute Branch

the river

per second
result in

End

72.a Hydraulics
loss in

and Hydrology water

in

email September
with average
daily

11
low

2007
intake

should

only slight

available

flow of 273 cubic

lies

feet

per second

USGS

gage data Riverside

influence
as

MI

Furthermore and

the water

within
to

the zone of hydrologic

of Lake
as

Michigan

pump

withdrawals

would tend

be replaced

from downstream

well

from upstream

End 86

Identified Biotic

Impacts

Effects

on Aquatic
in

Organisms Fish invertebrates

submerged

vegetation

plankton

etc

documented

ll.D

above

Commenters
adverse

points

EPA FWS
was

and

MDNR
water
after

cited

the proposed

stream

enclosure

as

having

impacts on stream
relocation

biota in the
that

Paw Paw River

One concern

about he

the originally replaced

proposed stream
water
in

cool

from the stream

would

by warmer

the relocated

stream especially
the enclosing discharge
to

removal of the
cold

forest

cover

The

current proposal
to

includes provide

openings
cool

in

pipe
the

so that

ground water

can enter and continue

possible

water

Paw Paw River

to fish at the

FWS

commented on

impingement

and entrainment

impacts

water

intake

Applicants response/rebuttal
redesigned the
to

The
in

applicant the ravine

withdrew

the

stream

relocation

proposal cool

and

stream

enclosure

Hole

10

Open

joints will of cool

to

allow
to

groundwater River
plan
to

enter the pipe mitigation portion

resulting in
is

continued

supply subject

water

the

Paw Paw
approval
by intake
to

stream daylight

plan

required

by

MDEQ
Drain

EPA

and

FWS
for the
are

of the nearby agents provided

Sawyer

has

been conditionally
of design plans

approved

MIDEQ
effectively

The

applicants

several water

iterations

water

screen the intake

and reduce

velocity

so that

fishery impacts

avoided

Dearrrnnt

of

t1i

Arm

Pyn1it

Evaluation

FiLe

No

05-054-002.0

Pag 28

H.ARBOR SHORES-MARINAS

GOLF COURSE BOAT LAUNCH

CORPS0001 894

Corps Findings

The proposed
would be placed
eliminate

activity for

includes

minor work along and

river to stabilize

the

bank of

the

Paw Paw River

This
at

Riprap would

the boat

launch

three golf cart

bridges plant beds

work

riparian vegetation

The

does

not

have submerged

these locations

Increase

in

nutrients

from golf course management

in

could

favor

algae growth affecting

the river

potentially causing invertebrates

drop

dissolved

oxygen

in

the water

column

fish

and aquatic

Dredging

may
elktoe or the

reduce
to

diversity in the benthic the

community

The

MDEQ

is

surveying

the lower

Paw Paw River

snuffbox

determine
slippershell

eunent make

up of the benthic

community
The

Lake

sturgeon

mussel and round pigtoe

of the St Joseph

have been reported

in

from the lower Paw

dredging

Paw River

adjacent Notice

portions

River

the past

proposed

in

the Corps Public

has been dropped from this application

Minimal

disturbance

from propellers
are

is

expected since
to try to

the

boat
the

ramp

is

now

at the

downstream deeper St

end of the project area and boats Joseph River

expected

access

popular

and much

After of particle benthic

construction
size

the physical

conditions benthos

will

he dissimilar
is

to

what currently
to

exists

in

terms

riprap

so the original
life

community

unlikely
directly

reestablish

Some

communities

sedentary

stages

and eggs would be

buried

by riprap
both of these

placement
activities

and or removed would be

in

by dredging
small work

and boat launch

areas

ramp placement

Again

very

The

turbidity caused
activities

by runoff
reduce

from the construction

photosynthesis clog
fish

site dredging
gills to

and other in-water

reduce area until

construction
visibility for

may

of fish and other animals

sight feeding

animals and may cause

relocate from the immediate

wouc

is

cornpieieu

The
juveniles

release

of contaminants

to

the

ecosystem due organisms

to

the project
fish

wiii

adversely

affect

adults or

larvae and eggs

fisheries

of aquatic

including

utilized

by recreational

commercial

The
species
into

project
utilized

would destroy
in

fish

and

their

spawning nursery and

fisheries areas

feeding

habitat

including
fish

recreational

or commercial

The

project could did not

impede

movement
on
launch

and out of spawning Only

50 cubic

nursery or feeding
yards of river
for this

MDEQ

specify time

restrictions

dredging
pads

sediment would be dredged and replaced

with

boat

over aggregate

material

project

Department

of

Arrn

Permit

EvaLiation

Pile

No

05-054-002-0

Page

29

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS000

1895

The

introduction

of riprap would

create
for

small area of suitable

larger

habitat for benthos

and some

smaller species

of fish

improving habitat

aquatic

predators

Elimination
result in

of littoral zone decrease culTent

in

shallows

riparian

fringe
nutrient

and shoreward
export

site

vegetation
for

could food

an overall

productivity provides

and
for

capabilities

the

aquatic
in

web
due

The

applicants

plan
at

planting

strip of native to

vegetation

the riparian

zone alongside
to tree

golf fairways

the river

bank

Temporal losses which could

riparian habitat

would occur

and brush

removal

during

construction

lead to water

temperature

increases

The proposed work

introducing pesticides

has

the potential

to

alter the as

character
to alter

of runoff

on the site while algae plants by species

herbicides
that

and nutrients so
the nearshore applicant
is

the existing

invertebrates
tolerant

and

fish

inhabit

area and favor colonization proposing reduce

more

of the

new

conditions

The

comprehensive
erosion

storm water
golf course

management
chemicals

plan

and riparian area vegetated

entering the river

strips to

and prevent

from

directly

Without
increasingly food
is

successful

mitigation

the net result

are

of the proposed exchange

of habitats that decrease

in

are

rare in the area for habitats that

abundant

will

be

an

overall

aquatic plan greater

web
yet

diversity and productivity

The proposed and MIDEQ

mitigation plan
also

required

stream

mitigation

not

developed

Should the wetland

to

be successful
subject
to

there would

he

area of wetland currently exists

adjacent

the

Paw Paw River and

flooding

from the river than

The

cumulative

impacts of numerous
significant

such

projects without

adequate

stream

and wetland

mitigation

could become

and negative

Anticipated populations lake-going

dredging the

of this waterway

may
be

cause
altered

losses to

in

benthos
sufficient

andlor

aquatic

plant
for

should small

CSX

railroad bridge access This

for

allow

vertical

clearance
for

craft

Greater

boats would
likely

lead to
in

substantial
that

demand

boat

mooring

in

the

Paw Paw River

would

result

proposals
result in

would involve
of land-water
for this

destruction
transition

of the natural

shoreline

vegetation of the

This

could

losses

zone habitat
are

The

locations
river

two small marinas

wetland bridge channels clearance

originally proposed

project

precisely does

where

and adjoining
the

meet However
any navigational
Several

the current dredging

in

work

plan

not include or any

increasing

CSX
the

the

Paw Paw River

lake sturgeon currently

marina basins
present
in

along

Paw Paw River

mussels and the fish

dredging
is

may be

the lower

Paw Paw River

although

no substantial

proposed

The proposed
young
itself fish

water

intake

at

Klock

Road

could

potentially affect

aquatic

organisms including on the water

that the

by entrainment provided
an

through email

the pipe

and
dated

MDNR

pumps
July

and by impingement

intake

comment

21 2007 recommending

water

DepartntLmr

of tho

Arrn

Permit

Evaluation

HARBOR

SHORES-MARINAS

No 05054-002-0 GOLF COURSE BOAT LAUNCH

File

Page

30

CORPS0001 896

intake fish

velocity

be reduced

to

approximately with
1.0

0.5 feet

per second
in

to

avoid

impingement and
in

of larval

MDNR
is

cited experience
that

sturgeon

and salmonids
is

Muskegon Lake

Lake

Michigan
IVIIDNR water an

showing concerned

0.7

to

feet

per second

tolerable

for juvenile occurs

in

and adult fish

area

The

that feet

sturgeon

and salmonids and suggested

designer velocity

spawning used of
for the

the with

FWS

supported of

velocity

of 0.5

per second

screen

2.54mm mesh tenth

from 20
to

inch

Michael
iterations

Kuhn and Associates

of calculations of water

golf course

irrigation performed
to

several

Pipe diameters

ranging
settled 1.5

36 inches

were considered entrainment

holes
drilled

Use
final

of

copper screen with

diameter

2.54mm mesh was

is

on

reduce diameter intake

The

proposed pipe

28 inches

with 580

inch

into the side of the pipe

End
an

The end
intake

of the intake

pipe

would be
than

sealed
0.5 feet

Hydraulics

and Hydrology
the final

Branch

predicted

velocity

somewhat lower

per

second using

proposed design

End

72.a

In

summary

the project

with

successful

stream

and wetland

mitigation impacts

and

effective

screening

of the water

intake

will

have minor short term negative

on the aquatic

organisms

Denial

of the permit

would

avoid

these minor negative

impacts on aquatic

organisms
This

The

project

could be modified by relocating due

to

Hole 10

to

uplands

east of the ravine

feet

would
feet

reduce stream

the impacts

stream

enclosure
to

by avoiding

1000

of ravine

fill

and 1000

of

enclosure

allowing

the stream

remain free-flowing

and maintain

its

existing

benthic

habitat values

permit acceptable

could

be issued

with

special conditions

as

follows

The

applicant

shall

provide

an
to

storm water management plan and stream

revised
final

mitigation acceptable the

plan
to this

to this office prior

office to

permit issuance required prior to

wetland mitigation issuance

plan

could aquatic

also

be

permit

These would reduce

to

impacts

organisms
water

due

to

stream

enclosure

and wetland conversion

functions
lost at the

upland golf

facilities

by replacing

quality and natural resource

affected

aquatic

sites

Effects associated

on Wildlife
aquatic

Resident

and
as

transient

mammals

birds reptiles and amphibians

within the action area

with
in

ecosystems

well as upland organisms

documented

ll.D above

Commenters points
wildlife

Several

commenters

noted

that increased

human
noted

activity that

would scare away

listed

including Natural

ducks
Features turtle

herons

and red fox

could

Other commenters

species

by

the

Michigan
turtle

Inventory

be affected
plants

by the project
wild

These species

include

box

Blandings
rose an

and the following

Rose-pink copy of
noted

sweet potato
survey
is

prairie

trillium

and swamp Park with

range

mallow

One commenter
of the

provided

botanical

of Jean
the

Klock

extensive bat

survey

vegetation

FWS

the project

area

in

summer

of the Indiana

Myotis sodalis

Department

of the

Army

Permit Evaluation

File

No

05-054-002-0

Page

31

HARBOR

SHORES-IvLARINAS

GOLF COURSE

BOAT LAUNCH

CORPS0001 897

Applicants
including course

response/rebuttal

SF

New
use

Inc provided

an Endangered

Species

survey

End 71

expert

reports on likely

of the project

area by the

Indiana

bat

The

current golf

plans

propose portions of fairways for Holes

to

and

out-of-bounds

where rose-pink
ravine
at in

occurs

Impacts

other state

threatened
bat

plants

are avoided

The wooded
was

Hole
this

10

is

considered

poor quality Indiana

prior to the indiana
trees in

habitat

but tree

removal

accomplished

area in
to

March 2007
part of Indiana

bat nesting

and rearing season

This area

The
is

applicant wishes very

remove

grove of

Jean

Klock

Park for Hole

lack of trees

considered

low quality
in this

bat habitat due to the general

to

of large diameter and the

exposure

grove

cool

onshore winds from Lake

with

Michigan
removing

During
potential

the

summer

of

2007

the applicant

reopened
survey

consultation

FWS
at

about

Indiana

bat roost trees roosting

trees

An

additional

of the project
after

area was

completed by dusk confirmed

Dr

Kurta

Potential using

were

identified

and removed

surveys

no bats were

the trees

Corps Findings
eliminate

The

construction

of the

golf course

and

its

resultant

use

and maintenance would

corridor
for

or alter reproductive

foraging

resting habitat

and interrupt

travel

game

birds waterfowl amphibians food chain

wading

birds

some
which

shorebirds
are

songbirds small and large

with the aquatic

mammals

reptiles

and invertebrates

associated

ecosystem and the aquatic

The
project

availability will

of contaminants

resulting from the construction of such the

and resulting use of the

wildlife

lead to the bioaccumulation

in

contaminants

in

The

overall

level

of

contamination
construction
fill

wetlands
acres

adjacent of

to

Paw Paw

River should

be lessened
total

through

of 7.84

new wetland

areas to compensate portion

for

of 5.62 acres of wetland

under the

HSCRI

portions and the City of St Joseph

of the golf course

Construction other organisms

along
that

the

shoreline

could

eliminate

or alter habitat for amphibious

transitional

animals

and

require the natural land-water

to

habitat and sheltered shallow of native plants

waters
fairways
at

However
approach

the applicant plans the river

the river

create

riparian fringe/buffer species

where

golf

The
at

applicants
the

endangered

survey
as

identified the river

bank

Hole

and across

originally proposed of these trees loose

Hole 12

potential

moderate quality could

in

habitat for the Indiana lead to diameter loose

bat

Removal

during

the nesting
trees

take

and rearing season

inches with

of this species roosts

since they use

bark on
line

of greater than

for maternity

The

Hole

area has with inch

of large cottonwood
effects

trees

some

bark evident
that

The
trees

Corps consulted
of greater than

FWS

on potential

on the Indiana

bat and of

recommended
April

diameter
is

dbh
force

not be cut during

the period

through

September
that this

30 of any year recommendation bat

that the

permit

in

on

End 17 FWS gave

that the

concurrence
is

June
to

22 2007
adversely

could assure
potential

determination

project

not
of

likely

affect
the

the Indiana
possibility

roost tree
will

removal
suitable

during

the

summer
in

2007 few

does not preclude years

other trees

become
that

for bat roosting

In consultation inches
if

with

FWS
issued

Corps determined
April

the restriction

greater than permit

in

diameter
is

between

and September

on removing trees 30 of any year should remain

condition

permit

End

18.a

Arm Permit Evaluation of No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
Department
the File

Page 32

CORPS000

1898

vanety of organisms would be displaced

Construction expected
to

from

their

habitat by impacts

of the proposed

and resulting use

occur
after

Recolonization

of the project created

area by similar species

would be

construction for
life

The newly

landscaped upland would furnish habitat

for those few

species

adapted

under these conditions

At

the

fill

borrow

site terrestrial

plants and habitats would or stabilization

be destroyed

by excavation

operations habitat

Depending
will

on reclamation
over

of the site at least

fill

some

of the original the wetland

values

be recovered
sites

time

Much
are

of the

material

will

come from
due by
to

and floodplain
disposal

mitigation

These areas
is

highly

disturbed

uplands

past waste variety of

activities

and

if

the mitigation

successful

would be replaced

diverse

emergent vegetation

shrubs

and trees

The

project
rare

without
in

successful

mitigation

would
are

result

in

net exchange

of habitats that decrease

in

are

increasingly

the area for habitats that

abundant
stream

This

change

will

the overall aquatic

wildlife diversity

and productivity
across replace

Historically

enclosures

have resulted
of

and

riparian habitat losses mitigation Similarly along

the

the state

of Michigan

Successful habitat

completion

suitable

stream

plan the

would

the aquatic
if

and

riparian

and the functions

they supported functions

wetland mitigation

successful

would avoid

large net loss of wetland

lower

Paw Paw

River

The
could

cumulative

impacts of numerous and negative

such

projects

without

stream and wetland mitigation

become

significant

Tn

summary
impacts

the project

will

have major short term negative

the stream

and could
plans

have major long term prove successful

negative

on wildlife

unless

and wetland mitigation

Denial issued

of the permit
special

would

avoid

these major negative

impacts on wildlife
shall

permit

could

be

with

conditions stream

as follows mitigation
to

The

applicant

provide an

acceptable

storm water
revised

management plan and

wetland mitigation This would reduce
use of the

plan to office

this office shall

prior permit

issuance
to final

plan acceptable
the impacts
to

this

be provided

prior

permit

issuance

wildlife

due

to

construction types

removal

of vegetation
habitats

and from
within the

golf course areas

by ensuring

diverse

mix of cover

and wildlife

mitigation

Effects

on

Wetlands

Commenters
extent

points

EPA

and

FWS

along

with

other commenters

expressed

concern

about

the

of wetland

impacts

proposed

Applicants response/rebuttal on and

after

Major revisions Holes

10

to

the golf course

plan with

were

mailed

to

the Corps

February

20 2007

and 11 were replaced

golf holes

on upland

Department

of

the

Army

Permit

Evaluation

File

No

05-054-002-0

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUIVCH

Page

33

CORPS0001 899

brownfield areas south of reduced wetland St Joseph portion

discharge

Ox Creek The HSCRI

area of 3.82 acres

portion

of the

golf course

project

now

has

The

1.80 acres of wetland

discharge

for the City of

of the golf course

was

unchanged

Corps Findings
acres of wetlands
fills

The plus

project

as

described

in

the Corps Public

for

Notice

would have impacted Joseph area with

current
large

6.33

1.80 acres already

approved

the City of St

for

Holes

and 112.55
discharge

and 2.23 acres respectively

area
for

The

re-designed

proposal 11

has

one large wetland

Hole

18

formerly Hole

The former Hole

area has

been dropped from the project

The
result

following

type

and

areal

extent

of wetlands

would be eliminated

or covered

as

direct

of the proposed discharge

Type

Size

Acre
1.80

Acres

in

Corps Jurisdiction

PEM

City of

1.80

St Joseph

PEMISS PFO No
wetlands would be eliminated

3.42

3.31

0.40

0.00

or transformed

by drainage
or deepened

or as

inundation
direct

as

result

of the

proposed project
dredging
as

No

wetlands
is

would be eliminated proposed

In

result

of proposed

the project
activities

currently

addition

no wetlands

would be degraded

by

construction

in the

current proposal

The

tee

for Hole

would be placed
occur over
strip

within

the

wetland complex
since

at

Jean

Klock up
to

Park
200

Minor
feet

degradation the wetland

would

of wetlands struck

players are to

carry

over

onto the fairway

to

Errant

balls and unauthorized golfing

areal

searching roughly

for lost balls

would

have

potential

disturb

wildlife during following types

the

season extent

in this

200 by 100

feet

wide

triangular area

The

and

of wetlands

would be degraded

Type

Size

Acre
0.23

PEMJSS
The recognized wetland
water storage
protection for aquatic natural functions

which

would be affected
patterns runoff

as

result

of the

project

are

flood

drainage

sedimentation general

filtration

and purification

erosion

food chain

production

habitat and nesting values

spawning

rearing and resting sites

and semi-aquatic due

species

Wetland

of uniqueness

heritage

and recreation
light

would

not be affected

to the disturbed

nature

of most of the project

area and existing

Department

of the

Army

Permit

Evaluation

File

No

05-054-002-0

Page

34

HARBOR SHORES-MARINAS

GOLF COURSE BOAT LAUNCH

CORPS000 1900

recreational

use

Each

of these functions
as

has been Section

objectively

documented

for the particular site by means

of

information

described

in

ll.D

above

The proposed
likely to

action the

would

result

in

the creation of 7.84 flood water

acres of wetland natural

which would be
sedimentation

provide runoff

following

functions

storage

drainage

patterns

filtration

and purification
rearing

erosion
resting

protection
sites for

food chain

habitat and nesting

production general
species

spawning

and

aquatic

and semi-aquatic

The proposed compensatory

the

mitigation

has

the potential This

is

to

provide

functional the wetlands

replacement
are to

of

wetland

to

be impacted

by the proposed project

areas within
the

because

be re

created

from former wetland

fill

Paw Paw River

floodplain
are

by removal of waste
to effects

materials and old invasive

material present of

However
in

the mitigation area

list

wetlands

subject

from
not
in

plants that address areas

are

the project

The proposed
of invasive

mitigation should

plan

does

adequately mitigation usefulness mitigation

control

comprehensive

species

they

appear
to limit

the

Should these species

mitigation consistent

become dominant

they have the potential

the

of the wetland plan also

is

areas for aquatic with

the

and wildlife abundance

Districts Mitigation

functions

The

not

Detroit

Guidelines

Adverse impacts
appropriate resources

to

wetlands

would be major

The cumulative
could
result in

effects

of such

actions

without

replacement though wetland mitigation

major impairment of wetland

In

summary

the project

has

the potential

to

have major long term negative

impacts

on

wetlands

Denial

of the permit

would

avoid these major negative

impacts

The

project could This

be

modified by

siting

Hole

18

in to

an

upland area due from

is

directly

across

the

Paw Paw

River
course

would reduce up
to

the last major impact 2.52

wetlands

to

construction project

of the golf

by removing by
letter for are

acres of wetland discharges

this

The
for

applicant

however

dated

February

20 2007
to

stated

this

area

noW

reserved

residential the

development Shore Drain

the

the overall

project

be viable

Two
The
par

small stream crossings project

over

North

proposed

for

community paths
this the

could also be modified by reducing

with the numerous
filled siting

size of Hole

18

i.e

shortening floodplains an

hole

to

However roadways

restrictions

wetlands
not

river existing course

formerly

nearby

we have

upland areas
suitable

identified to

alternative

layout that

would provide Holes

17

flow
par

of

play from
par

shorter holes

concluding

long
to

hole
lie

The

preceding within

and 16
areas

are

and

respectively

and have been designed

entirely

non-wetland

The

latest

version

of the wetland

mitigation

plan prepared

by J.F

New

is

dated

February

13

Department

of

th Army Permit Evaluation

FiLe

No

05-054-002-0

HARBOR

SHORESJvLARINAS

GOLF COURSE BOAT LAUNCH

Page

35

CORPS000

1901

2008

End

1.b

permit could wetland

be issued

with

special conditions
to this

as

follows The

applicant
to final as

shall

provide permit follow

revised

mitigation

plan acceptable
could address

office for approval nuisance

prior

issuance

One

of the revisions

exotic

andIor

plant control

Certain such

exotic

andior

undesirable

species

must not be present to Garlic Mustard

in

the mitigation

site

Examples
Aster

of

species

include

hut are not limited

Ailiara petiolata
Loosestrife

Panicled

Aster simplex Barnyard Grass

Eurasian

Echinochloa

crusgalli Purple
Ree.d

Lythrum saiicaria

Water

Mi ifoil

Myriophyllum

spicatum

Canary Grass

Phalaris arundinacea
If

Common Reed
undesirable plan

Phragmites
is

australis and Glossy Buckthorn

the mitigation site
it

Rhanmusfrangula
and

an

species

found within
prevent

must be removed

management

must be created

to

the re-introduction

of the undesirable

species

This

would
assuring

reduce

the impacts

due

to

loss

of wetland

functions

by construction

of the golf course of wetlands

by

successful

completion

of wetland plants

mitigation

and functional

replacement

without

monotypic

stands of nuisance

If

the mitigation
loss

plan could

and would be

successfully ultimate

implemented
or failure

it

appears

that

there will plan

be no net

of functions

and values
specific to

The

success

of the mitigation

would be dependent
the permit plan and success realized mitigation
to to

upon the
the

actions accept

of the applicant
full

and

their

agents

Conditioning of the the

require

permittee
to

responsibility for the success

or failure
to satisfy

require

the permittee

undertake

remedial the

measures
anticipated
to

if

necessary

criteria

would increase

the probability that

to

mitigation

benefits are

Conditioning plan
to

the permit
it

require revisions

the currently guidance

proposed wetland on mitigation

this

bring

into in

agreement with
replacing

current District

plans

would help include

assure success

wetland functions

impacted by

project

These issues

assuring wetlands provide

that

sufficient

acreage

is

available
in

to

establish no less

than

7.84

acres of

new

room

for steep side slopes aster

excavating

from current ground surface

planting
in lists

Removing
This species
is

panicled

Aster simplex

from the herbaceous species

considered

colony-forming by the Corps and may become

nuisance

the

mitigation

wetlands

Removing
species
is

silver

maple from the

tree

species

planting

list

This

relatively

low value

likely

to

self-seed in the mitigation

soil

wetlands would be tested

for

Defining how newly exposed

plantings take place Treating they have nuisance species
as

contaminants

before

wetland

soon

as

detected

in

the mitigation

areas

Do

not

wait

until

10% ground cover

Expanding
list

of nuisance

plant

species

to

that

provided

in

the Detroit

District

mitigation

guidance Defining how Flonstic

Quality Analysis

would be used

Define
such
as

success
the

measure
of the

such

as

comparison

with

large

nearby existing

wetland complex

area north

Department

of

the

Arm\

Permit

Evaluation

File

No

05-054-002-0

Page

36

HARBOR

SHORESJvLARINAS

GOLF COURSE BOAT LAUNCH

CORPS000 1902

mouth

of

Ox

Creek former Hole

that

12

or the river

bend downstream
is

of

Paw Paw Avenue

season
after
all

Clarifying mitigation
site

the first year of monitoring

the

first

full

growing

construction

and plantings
the responsible but

are

completed
all

Stating clearly

party for

three their

mitigation property

sites

The

City of St of of

Joseph
the 18

is

project

partner

wetland discharges
as for residential

on

allow

for construction

golf course

holes

as

well

development
phases with

There should

be one responsible

party throughout

the construction

and monitoring
standards

of the mitigation

10
final

provide
criteria

clear performance

yearly targets

showing

progress

toward

success

11

provide provide

an

as-built

survey

after

initial site

grading levels

for

each site

12
years

hydrological

predictions

with

water

throughout

End 73
Effect

wet dry and

typical

on Conservation

and Overall Ecology

Commenters
Indiana present

points

The endangered
area

species

survey

shows

that

box

turtle

state

listed

animal

bat
in

federally listed endangered

overall

species

and several
ravine

state-listed

plant
for

species

are

the

project

The wooded

provides

habitat

migrating

and nesting

neo-tropical

songbirds

Applicants response/rebuttal
the project area
is

Dr

Allen

Kurta December

13 2005
area
is

see

End

74.a

stated as

that

low quality habitat for Indiana

this

bats and the

probably not used

in the

summer
project agent

habitat area

However
Kurta
that

report refers

to

low

to

moderate quality habitat

portion

of the

Dr

identified as Area the area likely survey data provides

Following an inquiry by the Corps

very
little

applicants bat take

responded

migratory potential

habitat for the Indiana roost tree

End
place

74.a
in the

Additional

was provided

so

that

removal could

summer

of

2007

Corps Findings

Implementation of the proposed

integrity

activity

would impact upon

in

the ecological

balance

and
of which

of

valuable
as fish

resource

as

documented

Section high

ll.D

above

wetlands

some

can

function

spawning

or cover

areas during

water periods floodplains

migratory

bird stopover

and foraging

point

The

project would temporal

affect

the balance
to

and

integrity

from the

loss

mature trees resulting

songbirds
until

in

negative

impacts

migrating

and nesting

neo-tropical

shrub

and

forested portions

of the mitigation

areas fully

develop

The proposed
that

project

would change
considerably prevent

an

area that
less

now

supports

variety mitigation plants

of species areas
if

into

one

would probably

support
to

diversity stands

Wetland

successfully

developed

and managed

monotypic

of nuisance

may

exhibit greater

Department

of

the

Army

Permit

Evaluation

File

No

O5-O54-OO2O

HARBOR SHORESvLARINA5

Page

GOLF COURSE BOAT LAUNCH

CORPS000

1903

botanical

diversity than

some

of the wetland

areas scheduled

for discharge

of

fill

material

We
sodalis

consulted species

Federal
are

and State endangered

to

species

lists in

The

following

endangered
Indiana

or

threatened

known

occur

in

Berrien

County

similar habitats
for this

bat Myotis
an

The

overall

project

area provides during

low quality
construction bat uses sites

habitat

species
tree

To

preclude

unintentional April

take
with along
in this

of this species

MDEQ
has

prevented
particularly identified

cutting

between

and September

30 of any year
bark

The

large trees

oaks the

and
of large

cottonwoods cottonwoods
be precluded

peeling

for nesting

The Corps

row

the river at Hole area from April

in

as potential

habitat for the Indiana

bat

Tree cutting

could

through

September
bats were
to

30

Additional the trees

surveys
In

of identified with

potential

roost trees

2007

at that

dusk showed no
no adverse
affect

using

consultation

FWS
habitats

the Corps determined

the Indiana

bat would

occur

due

to

this

limited tree

removal

No

other Federally

listed

rare

endangered
Several
to

or threatened
rare

species

or critical

would be affected
are present of Rose
in

by the proposed project area

Steps
will

state-listed

and threatened

species colonies

the project Sabatia

be taken

prevent
the

golf play within fairways

known
and

pink

angularis state-threatened

within

of Holes

The cumulative
numerous

impacts

of numerous

such projects would not become substantial from

impacts
to rare

projects taking

similar steps for avoiding

and threatened

species

In

surrimary

the

project

with

successful

mitigation

will

have major short term and minor ecology during

construction

long
the

term negative
long term by

impacts on conservation by golfers

and

the

overall
staff

and over

activities

maintenance

and visitors

Denial

of the permit

would avoid these major and minor negative

impacts

The due

project
to

could

be modified by reducing
of existing wetlands with
the to

the size

of Hole
tee

18

This

could

reduce

the impacts the area of

conversion

golf fairways
siting

and green

by reducing wetlands
course

wetlands formerly

converted
filled

However flow

numerous

restrictions alternative

floodplains layout
that

upland areas nearby

suitable of

we have

not identified an
to

would provide

play from shorter holes

concluding

long hole

permit

could

be issued
inches

with

special conditions the period

as

follows
through of

The

applicant shall

not

cut trees

greater than permit Indiana

is

dbh during

of April

September

30 of any year the

in

force

This

would eliminate
nesting despite

the possibility

take

of the federally endangered

that this

bat by removing
in

colony
the tree in

The Corps and

removals coming
in

FWS

agree

condition

should could

remain

any permit

issued

the

summer

of

2007

Other

trees

become

suitable for Indiana

bat roosting

years

End 18

IV

Identified Social

Impacts

No 05-054-0010 of the Army Permit Evaluation HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
Department
File

Page 38

CORPS000 1904

Visual

Aesthetics

Commenters
golf course

points

Several

commenters
In

stated

that to

use

of part of Jean about public

Kiock

Park

for the

three project
side

holes

was

inappropriate
to

addition

concerns

recreation

would cause
the dunes of the
stretch

change
the

the appearance

of the area especially

on the vegetated
the project

landward

of deal

above

Lake Michigan

beach and
that

One commenter
this that

felt

crowds
of canoeing

great this

banks

of the

Paw Paw

River

would
Jean

affect

the experience

of river

Other commenters under

asserted

Klock laws

Park was

an

historic

landscape

which merited protection

historic

preservation

Applicants Benton

response/rebuttal

The

applicant

stated

that

lease arrangement has the

with

the City of approval of

Harbor

park owner

has been

negotiated applicant
for

and presumptively

overall
in in

the residents of Benton separate affected process

to

Harbor

The

assisted the City of Benton of the current

the

Harbor
uses

completing
the

obtain

approval This

conversion

park

land

22 acres
of

by the golf course

trust

process

was required by
in

National

Park Service

because

certain Federal

fund investments

made

Jean

Klock

Park

Corps Findjpg

The proposed work

golf course conversion
to

is

not

consistent with Natural

that

the existing

open space

uses

in

much

of the 22 acre

area

vegetated allow

dune areas landward

Several

of the top

of the dune will are currently of that used

part

be converted
as parking of the park the existing
lot

landscape

shapes

golf play
lot

acres however
the visual

space

The

removal
will

of the parking not

to

may improve
structures to as

context

The

golf course

introduce determine

new
its

the an

condition
that

of the park
the

qualification vital

The Corps examined historic landscape The

area
contribute
to

Corps concluded
compositional public

project

will

not destroy

elements

that

the

harmony 74

or unity

visual

distinctiveness

or diversity of an

area as viewed

Ends

75
activities will

by

the

The
south north with during

construction of the park

be noticeable

from within

the park

new

residential

area

from the M-63 highway

This

and from

residential

neighborhood
large open

on the bluff
is

of the park variety

may

detract

from the visual context The

of

area that
lightly will

vegetated except an

of shrubs of the

grasses

and some trees

After

parking

lot

is

generally
this

used

the peak

swimming season
as

project completion
lot to

project

transform

area that

may

be

characterized

open

space

and parking The

one which

may be characterized
will

as open space

with

golf fairways taste

tees and greens

net impact

of this transformation

depend

on individual

The change

work and
in

operation

of the

project

will

cause

the aesthetic impacts

qualities

of sight of the landscape

major short term and minor long term around the project area The
aesthetics would not
likely

cumulative
substantial

of numerous

such projects on

visual

become

and negative

of the Army Permit Evaluation No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Department

File

Page 39

CORPS000

1905

III

SUII1IUdIy

uie

piOjeLL

eiieei

Oil

SLlILiLS
over
the

...11
WOLIIU

L.JlIdJUJ

dIlU

IlLIgdLlVLI

Ill

IIILI

iioii icini

but dependent

on personal

preference

long

term

Noise

Commenters

points

No comments None

received

Applicants

response/rebuttal

Corps Findings mechanized

Construction

activities will

including

tree

clearing for

earthmoving
period create existing
to

pile

driving and

placement of riprap
construction located
at

increase

ambient noise

of approximately

months
levels for

After

operationluse the fringes

of the project

area will

minor change
residences noise
to in

in

noise

receptors
vicinity

of the golf course

Most

the

immediate

would

be demolished
construction

few homes

will
is

be subject
not

from
applicable

earthmoving
noise
criteria

equipment

during

The

increase

expected

violate

The

project operation

will

not

be contrary speed
not

to

the setting

of the area

Several

roadways The

exist

near the golf course impacts

will

including such

the high

limited access

highway M-63

cumulative due
to

of numerous

projects would

become

substantial

Overall impacts

noise

he

minor and short term

Designated Historic

Cultural

Scenic

and Recreational

Values

Commenters
Kiock

points

Commenters pointed
station for

out that

an

archaeological

site this

was
site

located

in

Jean

Park near the pumping

not to

and

M-63

SIHIPO

confirmed

that

was investigated
Places

and determined see

Jean

be

eligible

listing

on the National
extensive

Register

of Historic

NRI-IP
nature

End 43
Klock
in

Commenters also

provided

information landscape

regarding architect
eligible

the historic Jens the Jensen

of

Park by virtue of association

with

famous
that

and

his

associates

Michigan

Commenters

asserted

the park

was

for

NRHP
for

The

SIHIPO

concurred

that

none of

the

structures

in

the project

area was

eligible

the

NRHP

Ends

47 and

70

The

ACHP

supported

the

SHPO

and Corps determination

on

historic

properties

End 30
The
likely

Applicants response/rebuttal
overall space project area as
for
it

agent
that

provided

survey

of 50-year

and older structures demolished

to

in

the

was

number

of structures

would be

provide

the golf course

and associated

redevelopment

Later
to

the

applicant an

hired the

landscape

architecture

branch of Klock

the

firm Hitchcock

and Associates
that

prepare

analysis of the historic

significance

of Jean

Park

They concluded

Department

of

the

Army

Permit

Evaluation

File

No

05-054-002-0

Page

40

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS000 1906

although
that

Jens

Jensen should

prepared

plans there

is

no evidence
for listing

that

the plan

was implemented

and

the park

not be considered

eligible

on

the

NRHP
Historical sites
affect

Corps Findings
affected Federal

The

up-dated

NRHP
The

was

checked

Registered

would not be under the

by

the

proposed work
Rivers

proposed work
or being
as

would not
for

an

area designated

Wild

and Scenic
not affect

Act

considered

such

designation

The proposed

work

would

areas designated

Natural

Landmarks
Recreation

National

Rivers National Lakeshores

National
sites

Wilderness Parks

Areas

National

Seashores National
archaeological

Areas

National

National

Monuments
to

resources Harbors
land

including Jean

Indian

religious or cultural of no cultural

Other than issues related

applicable scenic or affected

the City of Benton or local

Kiock

Park we know
due
to

state regional

use classification

historic

or recreational

values

The Corps
thus not
this

reported

the archaeological
to in

site to

SI-IIPO

SHPO

informed the Corps

that
it

that

the site

had been studied

eligible

and found
for listing

be the

so disturbed

by past

activities

lacked roadway

site
is

integrity

and

is

NRHP

Even though

replacement

proposed
all

near

site no historic the general

properties condition materials

would be impacted
requiring
are

Should

Corps permit

be issued

permits or

contain

rapid notification during

of the Corps and

SHPO

if

artifacts

other archaeological

discovered

construction

The Corps determined

After Park

End
making

74 75

that

Jean

Klock

Park

was

not

an historic

property
of Jean

reviewing the Hitchcock and others

for

report

extensive

materials

submitted

by the Friends Jean Klock

Kiock
not

and

after

site visit

the Corps determined that

Park

is

eligible historic

listing

on the National
at this

Register

of Historic

Places

Thus

the project

will not dated

affect

property

location

SHPO
by
letter

concurred

in this

determination agreed

2007

End 41

by

letter

April

The

Advisory Council on Historic

appropriate public dated April

Preservation

the Corps and

SHPO

determinations determination

were
after

27

2007

End 30
Historic
letter

review process
potential Office

under the National

parties

The Corps made this Preservation Act The

January
with

Corps

solicited

comments from
Corps Regulatory
the Detroit

consulting collected

End 76
Archaeologist

by

dated

30

2007

The
in

comments and coordinated

Analysis

the District

District

Environmental
its

Branch no

12 2007
affected

End 77
by
the

for further review property

on March

The
to

Corps provided

determination

that

historic

would be

project

SHPO

on March

23

2007

End 78

Land Use Commenters

Patterns

points of

Several

commenters
golf course

stated

that

the public

park

Jean

Kiock

Park

should

not be used for part

private

Applicants response/rebuttal
lease agreement with
the

The

applicant

stated

the use

of Jean of critical

Klock

Park would

be

under
10

City of Benton

Harbor Owners
them from

properties
to

near Hole east and

would not

sell

to

Harbor Shores

preventing

shifting

golf holes

the

away

of th Army Permit Evaluation No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Department

File

Page

41

CORPS000 1907

from

the

wooded ravine
from Jean Klock
golf

Harbor

Shores

also

maintained
to

that

taking

advantage
interest

of views
in

of Lake

Michigan

Park was

critical

maintaining
that

financing

signature
to

championship
existing viable

course

The

applicant also stated

the project never

intended

supplant

manufacturing
to entirely

facilities

Such
to for

redevelopment
wetlands or to

golf course
loss

holes

avoid

impacts
tax

would be necessary to site several Jean Klock Park but would result in

of existing

employment

and

base

Benton

Harbor

Corps Findings would locate

ravine impacts along

The

Corps asked the applicant

of the golf course adjacent
to in

to

consider

modifications Jean

to

the project

that

major portions

areas other than

Kiock

Park

the

wooded

Hole 10 and wetlands

to

the

Paw Paw River

uses
in

This

would reduce the

valuable

due

land

use

patterns by preserving value natural

existing

the more

open

recreational

space

and higher

areas within

the overall

project area

The

proposed project

is

presumably

consistent with
as

the existing the overall

zoning
project
unit

for

the area
for

The

local

units of government parcels

have been presented

partners

in

and

some

are the landowners

No

property

objections were

received

from

local

of government

The
and

state

has

issued
as

their

respective

permit

for the project

Therefore use

we

defer to

these

state

local

entities

reflecting benefits to state

and

local

land

goals

From
or shallow

national water

perspective

the

work

should

not encourage

trend of conversion should the work

of wetlands

areas to
in

upland

residential

devclopment
or flood-prone

Nor

trend of investment

encourage development
features in lowin

potential

high

erosion
to

areas for residential recreational

The

project

has

been deliberately proposing

planned

propose golf course and commercial

lying areas while areas lying outside

associated

residential

developments

non-wetland

of the floodplain

Also from development

national of natural or better

perspective

projects impacting wetlands recycling

also

may encourage

trend

of
to

areas rather than

abandoned

previously

more

developed areas
to

intensive

uses

This

could
In this

supply

an additional

disincentive

clean

abandoned

up
for

or contaminated

sites

case

the large overall

project area under study

redevelopment
natural planners avoiding enclosures

at one time over 500 acres

industrial sites

contains several
return

areas and abandoned

sought
to

wide variety of natural areas impaired of which were contaminated The from the clean up of several
impacts

achieve

maximum
impacts
to

project

economic

sites while
to

and minimizing
discharges applicant Since
in

natural

areas

Substantial of

negative densely

due

stream
area

wetland
all

areas

and the destruction

to

wooded
to

ravine the

remain
ravine

The
failed has

alleges

attempts

purchase described

alternative
in

properties

avoid

wooded
the

the original application

the

first

MDEQ
feet 9.8

Public
to

Notice

applicant Similarly

also reduced the

amount

of stream has

alteration

from 1600

1060 feet

the amount

of wetland

discharges

been reduced by

acres from the original

application

Department Arm Permit Evaluation of No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
the File

Page

42

CORPS000

1908

The work

present

land use

patterns or cultural already

to

development would change

due

to

the proposed
residential

The

applicant has

purchased numerous
areas

predominately single-family commercial and would

residential

properties and proposes higher acreage converted converted

develop golf course

properties of
substantial

density on these properties of

Other portions uses

of the project Portions

convert

brownfield
to residential

sites

to

recreational

of the brownfield mitigation

sites

would be

uses

Also

the wetland

and floodplain
to

areas would be

from brownfield

and waste disposal

sites

aquatic

areas or parkiand

This project includes

of public

controversial
for this

provision

to

change

land

use

within
at

substantial
state large

portion

park

Approval

change

in use has

been obtained

the local

and Federal
acreages of

levels

Overall

however

the

cumulative

effects to

of project similar to this productive use

where

abused

and contaminated

land are returned

would be major and positive

In

summary

the

projects

overall

effect

on land use would be major long term and positive

Denial of the permit would

that

likely

preclude

these major positive be

impacts because

it

is

unlikely

financing time

for

project of similar scope will

proposed within

readily foreseeable

planning

frame

The Corps
purpose while
such
as the

has

not identified impacts

to

practicable Jean

alternative

that

could

allow

for

the projects
natural

avoiding

Klock

Park

wetlands

and other high value

areas

wooded

ravine

and associated

stream

impacted by Hole 10

Economic

Effects

Commenters
golf course

points

EPA
that

stated

that

particular

golf course required

design
to

Jack

Nicklaus

Signature economic

with

special

design

criteria

was
golf

not likely

fulfill

the projects
all

purpose

EPA

stated

very good
designer there
is

course

not necessarily

meeting
this in

specific

requirements

of

particular that

could suffice need

in

EPA
for

later

withdrew
golf course

objection

Other
stating

commenters
that

remarked
is

no public

another

Michigan
and
that in

Michigan

ranked
100

third

among U.S

states
is

the

number
to

of golf courses

Jackson

Michigan

about

miles east

of the project

second only

Sarasota Florida

the number

of golf courses

per capita

Applicants
project Several

response/rebuttal
to

The
actual

applicant

provided

large booklets

describing

the overall

prior

making

their

application held
to

and

later as

part of the alternatives

application

package

inter-agency

meetings

were

discuss

various

Feb 22 2007

The

applicant
for part

provided

the

major revision
10

to

the

golf course too high

layout

End

79

stating

that

the property
for

the original Holes of the project of two

and 11
price

was priced
not shared

and was no

longer

being
in

considered

The

was

with but

change

location

required re-design

holes and two subsequent

the Corps but this more minor changes

Department

of

t/te

Army

Permit

Evaluation

File

No

05-054-002-0

Page

43

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS000 1909

resulting in two

new

design

submittals

on March

2007

and again

on March

12 2007

October by

19 2006
The

The

applicants
states the

agent

provided

an

Alternatives

Discussion
is

received

MIDEQ

End 80
economic
This
will

report designed

redevelopment

projects
to

main enabler
attract

championship
further spur the

golf course

by

famous
residential

golf professional

home

buyers

and

growth through
provide
three

and commercial

developments complementing
vacation with

course

key economic
integrating

components

drive-to
the natural

destination scenery
that

market for second Benton Harbor

has

home buyers and

to

the development

offer

July

2006

Harbor Shores

provided

project

description

work

hook

in

meeting
the job and

sponsored by
tax base

U.S

Representative overall

Fred Upton At
that

End 81
time

These materials estimate

project description

benefits of the provide

project
in

the overall

included

$479 million and golf lodge

water park
units

development

over 12 years

beach
an indoor

hotel

880

residential

4000 2000

jobs

during

the construction jobs

after for

phase

continuing
in

construction

Increases

tax base

Benton

Harbor

$172

million

75%
Township $12
million

City of St Joseph

$193

million of

30%

and Benton

3%

EPA

brownfield

commitments

$400000

awarded

Jan 24 2006
regarding
alternative

In

response

End 82
an

to

comments made by MIDEQ and

wrote
that

the

Corps Hole

golf course of the river avoiding

designs

the agent

the

original

Hole

now

15
at

was

moved

north

onto

upland area scheduled for multi-family impacts

agent

residential lots

development
an estimated

While
cost of
also

3.4 acres of wetland

to tax

the project lost 24 residential

that

$600000
future

the project revenues

to

The

also stated

the reduction

in

housing
that

units

would

reduce
in

the City of Benton the project

Harbor

The

agent
as

stated

any further reduction

profit

housing

units

would make

uneconomical

even

not-for-

venture

Jan 12 2006
agent

In

response
letter

to

work

session on December
overall

16 2005
the

the applicants
is

provided

response

End 83
at

The

purpose of

project

to

provide

economic
agent

benefits in the form of jobs and increased

that

tax base

for the local

communities

The

asserted

MDEQ
to

agreed

the meeting

that

the project

purpose and public examined

benefit were

reasonable on
hole

review

of Feasible
identify

and Prudent
practicable

alternatives

by the agent
that

the golf course

by hole basis

alternatives feasible
fills

could reduce

wetland impacts due

to

Moving

Hole The

now
two

Hole

15

was considered
large

hut

likely

not prudent

the cost

to

the project slightly

remaining

wetland

at

that

time

Holes

and

11

were

reduced

Department

of

the

Arnn Permit Evaluation

Pile

No

05-054-002-0

Page

44

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS000191O

November
regarding applicant the project
to

2005

End
the

The Corps attended an inter-agency meeting with 84 Economic issues were tangentially discussed
alternatives

the applicant
in

requesting

the

re-examine
potential

analysis and the basis for over clearance of the

13

acres of wetland

impacts discussed

The

cost

of raising the vertical

CSX

bridge

was

also

Oct 13 2005
provided
that

The

applicant an
to

presented executive
attract

the overall

project

to

various

agencies

and At

large package

including projected

summary and project description

in

End 85

time the project was the tax base

in

$479 million

investment

over 15 years and

increase

Benton

Harbor St Joseph and Benton

2005 between
also presented units

Township by
the applicant presentation

273% 67% and

and members of
discussed

3%

respectively

Meeting

notes from September

staff

Governor
construction the

Granholms
including phase

were

End 39
hotel water

This

new
jobs in

936

residential

park

resulting in

4700

total

construction

and 2500

permanent jobs

July portion
stating

2005

The

agent

submitted

the original

application

package
an

for the

golf course Discussion prudent

of the overall
that
all

development

End

The

submittal included

Alternatives

13.61

acres of proposed test including

wetland discharges economic

issues

were The

unavoidable

under

and feasible

alternatives

applicant

described
effort to

the project as
revitalize

mixed used development

City of Benton

and

prime component

of the ongoing stated

for that

the
lost sites

Harbor and surrounding

jobs in the
to

areas
and
that to

The
urban

submittal renewal

Benton

Harbor

5500
has
yet

manufacturing
to

1960s

former manufacturing

take place provided

allow

Benton

Harbor
as

recover
to

economically
successful vacation
In this

The

alternatives

discussion

three key

ingredients
to

keys

project buyers

The second key

from nearby major
the agent
stated that

marina access urban centers

on
has

the

Paw Paw River

attract

home and

been dropped from the current proposal

increase the tax base
in

submittal

the project would

Benton

Harbor

St Joseph and Benton

270% 47% and 20%

Corps Findings

Township

by

respectively

The

contractor

equipment
project

supplier

and other commercial

enterprises

would

benefit

from the
in

proposed work

This

and

ancillary

development represent
that

significant unlikely
to

investment provide

the

southwest Michigan investment

in

area

The Corps
within

agrees

manufacturing
that

is

large

the vicinity
likely to

the next upscale

few years and

to the

recreation-based

economic
that local interests that

engine
backing
overall

is

more

attract to

buyers
to

region

The

Corps notes The

this

project

appear
in

he committed
of the

long

term

investment
likely

Corps agrees
as
result attract in

property

values

the vicinity use

project

would

increase

of the

proposed work businesses Harbor The

Increased
local tax

of the area could

in

benefit local
local

businesses

and

new
Benton

revenues

the various

jurisdictions

particularly services
as

would increase

This

would

translate

into better

community

result

Department

of the

Arnr

Permit

Evaluation

File

No

O5-O54OO2-O

HARBOR

Page

45

SHORESJvIARINAS

GOLF COURSE

BOAT LAUNCH

CORPS000191

In

summary

the projects

effect

on

economics

if

completed

as

planned

would be major both

short and long

term and positive

Denial financing time

of the permit for

would preclude

these major positive

will

impacts

because

it

is

unlikely

that

project of similar scope

be

proposed within

readily foreseeable

planning

frame

Effects

on Recreation

Commenters
vegetated values

points

Many
park

commenters
in

stated

that

converting Park

open

areas

and especially impact

the

landward

side of the dunes

Jean

Kiock

would

adversely

recreational

of this public

Conversion

of use of part of Jean parcels within value

Kiock

of replacement stated such

that as

or mitigation

recreational

Benton

Park would require approval Harbor Several commenters

for

the project

would reduce

the recreational

of the river

persons

in

small

craft

canoes and kayaks

and would reduce

opportunities

for wildlife viewing

Applicants

response/rebuttal

The

mitigation

for

public

recreation

land converted the

in

Jean Kiock Park

is

Park must be approved Service

public

by the

MDNR

the Michigan

Trust

Fund Board and

National

One

of the culverts

currently

proposed between
mitigation

the river

and Higman Park Road

for

trail

part of the proposed recreational

package

Cos
The

Findings

proposed work

would destroy
it

an

area which

is

important use
for

to

maintenance of populations and fishing

for

of fish and

game

although an

is

not

in itself

open

to

public

hunting

The

project would fishing

not cause

obstruction but

of an

area currently

used by the public

within

waterskiing

and other watersports

such
as

would add

new

boat launch

an area used by very larger boats

to

small craft access during

for

canoes

and kayaks
the

Low
and

water

levels

may

allow

somewhat

the St Joseph the golfing

River from
the

nearby new boat launch

its

season
such

project

use

bridge Particularly would reduce the value of portions of the river photography birdwatching and the like

under the

CSX

passive

recreation

as wildlife

observation
in

The

projects wildlife buffer

use

would cause an increase

this

the

number

of people in the area activity

potentially disturbing has proposed

tees

and

would not occur but for between

this the

permitted
river

The

applicant

zone of natural vegetation

banks and adjoining

opportunities

greens

Once

fairways

and

these plantings outside

mature

wildlife viewing

from the

river

would

improve
The
landscape

especially

of the golfing

season

project

will

change

some

relatively

natural open of golf courses

areas to

use hiking

dominated
and nature

by golf and
observation greens

and vegetation
replaced

features typical
related

Thus

would be
fees

by new golf

recreation

opportunities

for

those able to pay the

Department

of

th Armr

Permit

Evaluation

HARBOR SHORES-MARINAS

File No 05-054-002-0 GOLF COURSE BOAT LAUNCH

Page

46

CORPS0001912

Determining
interest
is

whether
the

the

proposed conversion
of this review
in

of land

use

in

Jean

Klock

Park

is

in

the public

beyond

scope

While several

local

and regional
the

residents have

condemned
presumably
the

the proposed change

in

use the owner

use

of the property lease

City of Benton
to the

Harbor

is

favor of the proposed

and has offered

Jean

arrangement

applicant

for

portion

of the golf course does not

proposed

in

Kiock

Park

The Corps

decision

regarding Park

the

permit

application
the

affect

the independent of park land

is

determination appropriate

by the National

Service

whether

on

proposed conversion

In

summary

the

projects
for

effect

and overall positive

observation
river

those participating
is

on recreation would be both major predominately long term in golfing and negative for hiking and nature proposed
including the provision of public
trail

Park land mitigation

to

and connecting
the

along
in

the

Jean
is

Kiock
to

Park

Cumulative
land

impacts

of numerous use
for

which

such projects
substantial as

overall

purpose

convert

derelict

for public

could
the

become

and
result

positive

Recreational

opportunities

would be greatly increased

Recreational but would be

golfing

of this project

and other similar projects

during the golfing

public passive

opportunities increased
in

for more the

would decrease

activities

season

remainder of the year

Denial
the

of the permit
to

applicant

consider

would avoid these major and minor negative impacts alternatives that would reduce impacts to wildlife
large wetland since
fills

The

Corps asked and avoid

dredging impacts

habitat
river

Jean

Kiock

Park

Two

two marinas

in

wetland

been removed
certain

areas and

have
to

from the proposal

the original

application
effects

However
in

negative Jean

types

of recreation remain
for

The

most notable

are those be

Kiock Park
in

where
for

recreation opportunities golf-related recreation preferences

hiking

and nature

observation

would

reduced

exchange

new

Impacts

would be positive

or negative

depending

on individual

Effects

on Safety

Commenters

points

None

received

Applicants

response

None

Corps Findings
least

During

operation applicant
safety in

of the project
states the that

golfers would

have

to

cross be

public roads

in

at

three locations

The
on

appropriate

signage

would

used

The

should

have no impact

project

waterway

In

summary
can roads

the projects
risk

applicant
local
is

reduce

by providing

where

golf carts scope

on safety would be minor long term and The negative reminders to golfers and maintaining warning signs on would cross Enforcement of these sensible precautionary measures
effect

beyond

the

Corps

of authority

Food

and Fiber Production

No

impacts

would be expected

Department

of

the

Army

Permit

Evaluation

File

No

O5-O54OO2-O

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Page

47

CORPS0001913

Mineral

Needs

No

impacts

would be expected

10

Energy Conservation

and Development

No
The

impacts

would be expected

11

Consideration subject

of Property
to

Ownership
and and

applicant

has
in

right

to

reasonable

private use States

of the property including

the rights

interests federal

of the public regulation

to

the waters

of the United

federal
will

navigation

servitude
to

for

environmental protection ownership

This
is

The

project

have benefits
including

the applicants private

right

property

large and are

complex

project
either

both

and public properties

Several

properties

affected
are

owned by

the City of Benton

as

Harbor

or the City of St Joseph

These

entities

described

by the applicant

project co-sponsors

The

Corps has not

identified

practicable

alternatives

that

will

still

afford

reasonable

private use
alternatives

of the property
that

and accomplish

the overall

project purpose golf course

The Corps

considered

included

purchasing

other uplands

where

holes

and ancillary

facilities

could

be

developed

Cumulative

Effects

Cumulatively would
impacts

the

proposed permit

activity

with

successful

stream

and wetland mitigation

have major but predominately short term and predominately

as

minor long term adverse

described

in

the sections

above

Secondary

Effects

Issuance sections

of the permit

would

cause

secondary

effects

on the action

area as detailed Additional

in

in

the

above

these effects

would

not occur but for the permitted

is

activity

construction

related to the overall

project

purported

to

be
to

in

upland areas not

wetlands could
is

or

waterways encourage

The new

project purpose of using

to

the golf course

habitats to

attract

other investment

proposals

convert

aquatic

upland uses

Such

activity

not

immediately foreseeable
that

Futurc

requests

for marina

dredging due the

and associated

housing projects
this

impact aquatic
versions

resources

are readily foreseeable

interest

shown by

developer

in

earlier

of the current project

The proposed 25
ecosystem
mitigation

foot

setback buffer

would minimize the potential would remain between

the

for

adverse

impact

to

the aquatic

substantial

waterway

and the proposed wetland

areas from the

proposed golf course

Other development development

is

expected
in

to

follow

golf course
alternative

development
analysis

Several

upland
has
stated that

areas are noted

the

applicants

The

applicant

Department

of the

Army Permit Evaluation

HARBOR

SHORESJVIARINAS

File No O5-O54-OO20 GOLF COURSE BOAT LAUNCH

Page

48

CORPS0001914

the former short

will

game

practice area

between

Higman Park Road and

and
is

the north
as

side of the river golf course hole

now be

reserved This

for

upland

residential will

End 10

development
not

not

available

planned development

require further

wetland

or floodplain

impacts

General Criteria

The

relative

extent

of the public

and private need

for

the

proposed structure or work

Commenters points
in

Several another
in

commenters
golf course public park
is

stated not

that

many

golf courses

are

available stated

nearby and

the region

and

that

nccded

Several
for

commenters
use
as

that

conversion

of open space
is

Jean Kiock Park

golf course

run

by

private entity

not

appropriate

Applicants
course
as

response/rebuttal

The

applicant

has

presented

this

project

with

distinctive in

golf

an

economic

enabler
to

that

would

attract

considerable of
variety

additional of income

investment
levels

and commercial

housing

development

be used by people

Corps Findings
finds
that

There
of
is

is

public

need for economic

golf course
as

investment

in

Benton
for

Harbor The

Corps

the use

championship reasonable

an

economic

enabler

larger regional

redevelopment commercial

plan

There

is

private need for recreation

for

housing

and

activities

and for economic

gain

investors

Where
reasonable or

there are unresolved locations

conflicts

as

to to

resource

use
the

the practicability object

of using structure

alternative

and methods

accomplish

of the proposed

work

Commenters points
Notice
feet

EPA

objected excessive

to

the application

as

described ravine

in

the second

MIDEQ
of
to

Public

because

of perceived

impacts

to

the

wooded
after

and the relocation

proposal

of stream

EPA

1200
the

later

rescinded

this

objection additional the stream

and

reviewing
to

relocate
to

stream

into the side of the ravine the original plan

to

with

impacts

forested

areas decided
to

recommend
with

enclose

FWS

concerns
that

appear

have been was not

satisfied to

the current
affect

proposal and they also provided

the endangered of wetlands Indiana

concurrence

the project expressed

likely

adversely

hat

Several

commenters

the conversion

concerns regarding such areas should

to

and floodplain

areas to upland golfing

areas saying commenters

be reserved
conversion

for wildlife and to reduce of parts of Jean the park

is

flooding
for

damage

Several

objected

the

Klock
as

Park

construction

of three golf course

holes
that

contended
historic

They

for

use

bathing

beach and related recreation

and

the parks

significance

would be damaged by the proposed construction

Applicants

response/rebuttal re-designed

After

EPA

rescinded

its

objection

to

the stream

enclosure

work

the applicant

the golf course

and reduced the extent

of proposed stream

enclosure

Department

of the

Arm-c Permit

Evaluation

File

No

O5054-OO2-O

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Page

49

CORPS0001915

The

agent

replied
to

to

these objections

stating

that

wetland

and floodplain
all

impacts

were avoided
out of

and minimized
wetlands

the

maximum

practicable

extent
as

by placing

planned buildings
possible
in

and the floodplain

mitigation

and by locating
mitigation Jean

many
is

golf holes

as

available

uplands

Wetland
architect

and floodplain
report

proposed Park was

The
not

applicant an
historic

hired

landscape

who prepared

stating

Kiock

property

Corps Findings
course
that

The Corps

finds that

specific

requirements well-designed

for

Jack

Nicklaus length of Jack

as

Signature

golf
are

go beyond
as an

the requirements overall

of

championship

golf course Nicklaus

not reasonable Signature

project purpose involve

Some

of the requirements natural Jean features

course

apparently

views of

significant in

such

the view of
this

Lake

Michigan
contribute

from the landward

to

side of the dunes but not to

Klock

Park

Obtaining resources

view Corps
of the

may

impacts

in

the park

wetlands

or other aquatic with

The

performed Michigan
Register reduce
sites

site

visit reviewed

available
that

materials

and determined
is

the concurrence

SHPO

and the AC1-IP

is

Jean

Klock
In

Park
terms

not eligible

for listing

on the National
that

and thus
impacts

not

an

historic

property

of other potential find that

alternatives

would

on wetlands and aquatic resources

farther upstream along locations
that

we

the upland

and

wetland mitigation
not provide resources or do not
the

sites

the river than

Paw Paw Avenue would

reduce impacts
wetlands
to

appropriate

alternative

would substantially These

sites to

aquatic

from

that

of the currently appropriate of forward

proposed plan
shape

are either

themselves
design

provide concept

elongate

and location

accommodate

golf hole

and

play

The
structure

extent

and permanence
is

of the beneficial

and/or

detrimental
to

effects

which
is

or

work

the proposed suited

likely

to

have on the public and private uses

which

the area

Commenters points
course

One cornmenter
wetland

inquired

if

there would
failed at

be

net loss
later

of wetlands

if

were

the golf

built

in

areas and the golf course

date

Applicants response/rebuttal by mitigation wetlands

at

The

applicant
for

stated

that

all

impacted

wetlands

would be replaced
wetlands

greater than Conservation

replacement ratio

The

mitigation

would be preserved

under

Easement

Corps Findings

We

are not in

position

to are

determine

whether the jurisdictional

for use
to as

wetlands of

and shallow
golf course space such

water

areas proposed

for impacts
to

ultimately appropriate
are

portions

Wetlands
course

adjacent
to

the river

generally due

more suited
to

open recreational

as

golf

than

uses

involving

structures

the risk

of flood

damage

Mitigation

wetlands
net

would be protected
wetland area should

under
the

Conservation prove

Easement
successful wetlands

and would represent

permanent
variety project

gain

in

mitigation public

The

project

area has

of current

uses including
involve

residential of

parkiand

and waste lands

residential to

The

would

conversions

some

areas from low-density

high

density residential

Some

Department

of the

Arm\

Permit EQaluation

HARBOR

SHORES-MARINAS

File No O5054-0O2O GOLF COURSE BOAT LAUNCH

Page

50

CORPS0001916

former residents may have been willing

public uses of the area include
in

to

sell

because of past high

opportunities

water
that

periods

Changes

to

the type

of recreational be
relatively

are available to the

to

public
but

Changes

Jean

Kiock

Park would back

to

permanent
uses

due

golf hole
are

construction

the area could the park

be

converted

open park

land

because

no buildings

proposed

within

Alternatives

The

following

administrative

alternatives

have been considered

Issue

the

permit

as

proposed

Issue permit

the

permit

with

modifications
shortening

As mentioned
of Hole

in

paragraphs

ffl.B.3

and

ffl.B.4

above

issued

which required

18

the last remaining large proposed wetland

discharge

area three large

discharge

areas were
to

originally

proposed work
area
is

was

considered

Such
wildlife

modification

would reduce
habitat
affect

impacts

wetlands and

but
the

this

within
that

low quality

and aquatic

The

applicant

asserted

Corps concurred

such

modification

would greatly
fulfill

the flow purposes

of golf play in

championship

golf course

and thus would not and regional

the projects

and beneficial

effects

on land use

and the

local

economy
Issue ffl.B.2 the permit ffl.B.3

with

special conditions

As mentioned
with
special

in

paragraphs

ffl.A.1

ffl.A.2

ffl.B.1

and

ffl.B.4

above

permit

conditions

to

Provide

an

acceptable erosion

storm water
sedimentation stream

and pollution prevention

controls throughout plan
to

plan
the construction for stream

Ensure proper
Provide Provide an

phase

approved
revised
trees

mitigation

compensate

enclosure

work

wetland mitigation
greater than
to

plan
of the Hole
will

Avoid cutting
April through
to

dbh along the river bank

incidental take of Indiana

area from

September
quality

30

preclude

bat

minimize adverse wetlands and and the

impacts

water

erosion aquatic
the projects

habitat purposes

terrestrial

wildlife habitat
effects

conservation while
local

fulfilling

and beneficial

on land use

and regional economy

Remove

temporary structures
of irrigation water

at

completion
pipe

of construction floating buoy

Mark end

intake

with

Deny

the application

Consider

the no action

alternative

IV The
address

portions

of this document

constituting

the

Environmental

Assessment adequately
project included
as

the relative

magnitude

of the expected

impacts

of the proposed

within

our

mandatory scope
negligible defined
in

of analysis

The

range

of possible impact and

magnitude impact

no impact
significant for
is

impact

minor impact

major impact

significant

the term

regulations impact

implementing
the

NEPA

Our

analysis did not

indicate

the potential

significant

on

quality of the

human environment

Therefore

do not recommend

Department

of

the

Arm

Permit

Evaluation

HARBOR SHORESMARlNAS

No O5-O54OO2-O GOLF COURSE BOAT LAUNCH

File

Page

51

CORPS0001917

preparation

of an

environmental

impact

statement

404b
We
waters

Guidelines

Compliance

Evaluation

have
of the

evaluated

the

effects to

of the proposed
the

discharge

of dredged or

fill

material

into

the

U.S

according

Section

404b1
in

Guidelines

for Specification

of Disposal Section

Sites for Dredged the

or Fill Material promulgated

Title

40

CFR

230 pursuant

to

404 of

1977 Clean Water

Act

Factual

Determinations

in light

of Subparts

C-F

of the Guidelines

have been

set

forth under

appropriate

impact assessments

above

Testing

The

material

to

be discharged

in

this

project consists of relatively

small amounts discharged

testing

of

riprap and aggregate

materials and tens of thousands of cubic

yards of previously Guidelines

sand

construction
site

debris and municipal of the discharge

waste

Subpart

of the

requires

of

the extraction

material

for contaminants

except

under certain circumstances

In this ease base

testing

is

not required
the

for the proposed

is

discharge

of riprap and aggregate

boat
to

launch

material

because

material

comprised

of commercial

sand

gravel or stone

which

contaminants and floodplain

the same
to

do not adsorb
mitigation

For the large volume

site

of earthmoving
is

from the proposed wetland

site

areas the discharge

In addition
is

adjacent
are

to

the extraction
to

and subject
contamination

to

sources

of contaminants

constraints

available

reduce

acceptable

levels

and the applicant

condition

willing

and able

to

permit

End 36

implement

such constraints

MDEQ

special

U-li

Mitigation/Alternatives

The

following

is

summary

of the mitigation

sequence
as

as
it

Memorandum
applicable
its

required by the February the proposal

1990
if

of Agreement alternatives

by the

EPA

and the Corps

pertains to

and

ANoidance

This

large

and complex and floodplain

project

is

centered

on the lower Paw Paw River determined

project
that that

and
is

its

wetlands
entirely

We
and

adjoining

have independently
fulfill

there

no practicable

avoid

way

to

discharges

the overall alternatives

purpose
avoid
the

However
discharges course

there are several

instances other

where

we

have

identified

would

and would

not have the

significant

adverse an

environmental consequences
reduction
in

Over

applicant

has

made

of project review

overall

wetland

discharge
the

areas of almost 10

acres

Another
in the

substantial

reduction

in

discharges

was

made by

reducing

amount

of stream

enclosures

North Shore Drain

Evaluation No O5-054OO2-O HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH Dparcrnent

of
ilw

Arrn

Permit

File

Page 52

CORPS0001918

We

initially

determined

that

the potential

impact of the discharge

the

on

the

would be more than minimal and directed

aquatic

environment
of securing an

applicant

to

address

the alternative

economic enabling
accommodate
the

project

other than

golf course

or locating

sites

which would
several reasons

reasonable

golf play
for

which would avoid

siting

discharges

stating

project

area was

problematic
that

End 62
area and that

golf course enabler

He

End 61
to

why

The
be

applicant

responded development

stated

no othcr economic

was found
for

feasible

in the

sufficient

upland property could

not be secured

complete

high

course

quality golf

We

agree

that

this

avoidance
relative

alternative to that the

would not be

practicable

for

him based upon

there
is

cost/logistics/technology

overall

project purpose

Therefore

no

less

damaging

practicable

alternative

would avoid

discharge

Minimization
application
different

Several

modifications
in

to

the

overall

project

have taken were

place

since the through

original

Substantial

reductions

proposed wetland impacts

achieved

two

golf course

design

revisions

Two

of the original discharge

avoided

As

stated

earlier overall stream

wetland

and the amount

project the use

of proposed
as

enclosure
also

were been reduced 10 acres by nearly has been reduced by about 600 feet of stream The
area has other minimization

three large wetland impacts

design
of steel

currently

proposed

incorporates

measures
in

sheet piling to enclose

including

in-water

golf features

such as the

tees

Jean

Kiock

Park

As
Hole
reduce

described 10
to

in

the sections
to

above

we have
ravine

considered

modifications stream

consisting

reduce impacts
to to

of relocating Hole
to

the

wooded
to

and associated

impacts

wetlands

adjacent

the

river

We
to

and shortening
that

have determined
land
that

practicable 10 out

due

the these steps relocation

are not of Hole

refusal of key proerty owners

sell

would

allow

of the ravine

area and
overall

as described

above

the impracticability

of reducing

Hoe

due

to

effects

on the projects

purpose

Also
aquatic

as

described

above we have
These steps purpose
are

considered practicable

conditions

that

would

reduce

impacts

to

the

environment
overall

and enforceable

and would allow fulfillment of

the projects

We

initially

determined

that

the potential

impact of the discharge

the

on

the

would he more than minimal and directed

aquatic

environment
described

applicant

to

address

the alternatives

above which would minimize

stated to that

impacts

End
and

61
that

The

applicant

responded
could

Hole
that
it

Ends
not
to

62
all

10 could follows

80

He
due

not be

relocated
that

the current Hole located

be

shortened

the fact

short holes

were specially

and designed

avoid

wetland

impact

We

agree

that

this

minimization
relative to

alternative the overall

would not be practicable

project purpose

for

him based upon

there
is

cost/logistics/technology

Therefore

no

less

Dejartn1ent

of

the

Army Permit Evaluation

HARBOR SHORES-MARINA5

No 05-054-002-0 GOLF COURSE BOAT LAUNCH

File

Page

53

CORPS0001919

damaging

practicable

alternative

The

proposed discharge
essential

would occur
or irreducible
fill

in

special

aquatic
to

site in this case

wetland

The be put

fundamental
after

activity

or use

which the special aquatic

site will

discharging

dredged or

material

and construction
per Se does

basic

construction within
to

Golf course construction

to

purp

is

golf course
to

not require
that

access

or proximity

or siting

wetlands

take place project

to

Therefore purpose
that

we must presume
do no not involve which

there are practicable

alternatives
all

achieve

the overall

special aquatic

sites and that

into the

practicable aquatic
site

alternatives

the proposed discharge

do not involve

discharge

have

special

less

adverse
to

impact on the aquatic presumption

the

ecosystem
that

As

discussed
alternatives

above

applicant

responded
less

the rebuttable impacts

practicable

would have

are available

and

adverse

on

aquatic

environment

We
costlogi

agree

that

minimization
relative

alternatives to the

would not be
project

practicable

for

him based upon

there
is

sties/technology practicable

overall

purpose

Therefore

no

less

damaging

alternative

Coisation
As
described
in loss

the sections of aquatic

above we have identified steps

resources through creation of stream
to

to

achieve

functional of equivalent

of unavoidable functions
less to

replacement stream of no
that

or restoration project

replace

the functions

enclosure the

in this

and the

restoration

than

7.84

acres of wetlands
for

adjacent

Paw Paw River

sections

We

have determined

these

steps are appropriate

the reasons

specified in those

We
Paw

have determined daylighting could

that

these steps are practicable existing existing enclosed stream stream

for the following

reasons

Stream mitigation
into

through

an

near the project

that

site

and flowing

the

Paw
of the

River

replace

functions

would would

be need

lost to

North Shore Drain

adequate with

by enclosing be provided

portions
that

revised consistent could

to

stream with

mitigation

plan

has

measures

current mitigation replacement

policy

Also
lost

the
to

some changes
adjacent

wetland mitigation
discharges of
fill

plan

provide

of functions mitigation

due
all

in

wetlands

the

Paw Paw
will

River
return

The

sites

are

removal of past wetlands replacement Section

former wetland areas where

to

fill

materials

these areas to plan would

appropriate
to

elevations
to

support

revised

wetland mitigation

need

be

provided

insure functional

404b

compliance No

summary

matrix
Al Proposal that all
is

Proposal
wich special Where compliance
be

action

denial
it

as

conditions
only criteria with
is

currently

proposed

shown
that
in

indicates An NOT

alternatives

for

item
DOES

meet this will

unknown COMPLY

designated

noncompliance

the

column

Department

of the

Army Permit EQaluation

HARBOR

SHORES-IvLARJNAS

File No O5-O54OO2-O GOLF COURSE BOAT LAUNCH

Page

54

CORPS000 1920

MEETS CRITERIA must overcome the presumption practicable less environmentally damaging aJternatjve site outside special sites aquatic exists If the basic is water purpose dependent that
is

DOES

NOT

COMPLY

The

applicant

OR

not

in

special

aquatic

site

enter

only

N/A

not apnlicable
There
is

must

be

rio

alternative to the

that

less has

damaging no other

aquatic

is practicable ecosystem

and

environmental

significant effects
not or violate

adverse

The
307

discharge toxic

must

state Act

water Section

quality

standards effluent

Clean

Water or

standards

bans
the

The

project
of

must an

not

jeopardize

continued

existence The

endangered
not cause

species
or

project

must

contribute

to

significant adverse effects on municipal water supplies plankton fish shellfish wildlife special aquatic sites or other of human aspects health or welfare
The project must not cause effects or contribute on life

to of on

significant
aquatic aquatic The life

adverse and

stages

other

wildlife

dependent

ecosystems
must not cause or contribute
to

project

significant adverse effects on ecosystem diversity productivity or stability

The project must not cause effects or contribute on
to

significant
aesthetic
or

adverse economic

recreational

values steps
effects
of

All
to

and practicable appropriate minimize potential adverse discharge

be

Al

the must

on

the

aquatic

ecosystem

taken
does not comply due

If

project

to

this

explain

if

this

determination

Department

of the

Army

Permit Evaluation

File

No

O5O54-OO2-O

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Page

55

CORPS000

1921

differs

from

conclusion

regarding

an

EIS

Section

IV

above

Section

404b

Compliance/NonCompiiance

Determination

The

proposed discharge

complies

with

the requirements
to

of the Guidelines

with

the

inclusion
to

of appropriate the affected

and practicable
aquatic

discharge

conditions

minimize pollution or adverse

effects

ecosystems

Charles

Simon
Branch

Chief Permit Evaluation

Regulatory Office

Prepared

by

Thomas
Project Permit

Allenson

Manager
Evaluation

Branch

Date August 14 2008

Enclosures

J.F
l.a

New New New

emails email revised plan

w/plans

August

14 2008
June 25 2008 Plan
dated

J.F

wwork
Wetland

description Mitigation

l.h J.F

February 13 2008

Conceptual

view drawing
letter

March

2008
to

Corps

NWP

verification

05-054-001-0 St Joseph
application April

City of St Joseph
to

July

MIDEQ letter transferring City of J.F New letter w/HSCRI permit

Corps of Engineers
Public

29

2003

permit July

HSCRI
list

February

20

2008

2005

Notice

13 2006 w/mail

MDEQ
7.a

Public

Notice
Public

June

22

2007 w/
for water
for

HSCRJ May 11
intake intake

2007

application

for

water

intake

MIDEQ

corrected Notice
letter

Notice Hearing

August August

2007 2007 October 2007 2007

MDEQ

of Public

water

MIDEQ w/encls coordination of comments from public hearing 10 HSCRJ letter no additional to wetlands impacts floodplains May 10 11 EPA letter responding to Corps Public Notice May 2006

Department

of

th Army

Permit

Eualuation

Pile

No

O5O54-OO2-O

HARBOR

SHORES-MARINAS

GOLF COURSE BOAT LAUNCH

Page

56

CORPS000 1922

12 13 14 15 16
16.a

EPA EPA EPA

letter letter letter

December 20 2006
Tune

14 2006 March 17 2006

July

EPA
FWS FWS

email no comments on water intake email

letter

19 2007

April

21

2008 2006
letter

May 12
June

17
17.a

FWS FWS FWS

FWS

Indiana
letter

bat consultation

June

22

2007

Corps

22

2007
letter

18
18.a

second Indiana
letter

bat consultation

August

2007

Corps

August

2007 w/encl
intake of of

19 20 21 22 23 24

email
letter letter letter

comment on water
on on

August

MIDEQ MIDEQ

public public

notice notice

FWS
NPS

22 2007 Dec 14 2006 Mar 2006

package July 25 2008 October

w/encl
of Jean

accept

park conversion Park conversion

letter

NPS

denial

Kiock

16
2007 2008

2007

Corps

denial

without
letter

prejudice

November
April

25
26 27 28 29 30 31

Corps comment

on park conversion
letter letter

NPS

29

original

comment
Conyers
to

responding

to

Corps Public

Notice

May 30

2006

Congressman

Jan

11 2007 Feb 12 2007

July

MIDEQ

letter

Cong

Conyers Upton 2007

Memo
ACHP
MIDEQ

Congressman
letter

sponsored meeting

2006

Apr 27

Notice email
letter

of public

hearing October 12 2005

32
33 34 35 36
36.a

MDEQ MDEQ
MIDEQ

on 401 and
to

CZM

consistency

October

27

2005

HSCRI
of Public

changes

needed

February 2006 2006

2006

second Public Notice

Notice

November December
2007

MDEQ MDEQ
MIDEQ

Hearing

golf course
letter

permit

May

re stream
intake

mitigation

plan September 2007

19 2007

37 38 39 40

MDEQ
MIDEQ
Office Office

water
initial

permit November
original

comments on

application
to

September

21

2005 2005

of the Governor of the Governor

memo
letter

invitation in

meeting

wencl May 10

September 2006

support

of project

41 42 43 44 45
46

SHPO SHPO SHPO

SfIIPO

no

effect

letter

April

2007 August 11 2006

historic

historic

architecture

concern
site

email archaeological Design Report re Hitchcock re

historic

not an

property 2006

May

2006

Hitchcock

Jean

Klock

Park

Oct
2006

letter letter letter

report

October

24

SHPO SHPO MIDNR

nature of

of Jean

Klock

47 48 49

re survey

50

Park May
February
for Jean

2006

year-old structures
list

13 2006 Park June 13 2006

2006

Grants

Management fax
letter effects

MDNR

of grants

Klock

Fisheries

of stream

enclosure

February

Department

of

the

Army Permit

Evaluation

File

No

05-054-0020

HARBOR SHORESMARINAS

GOLF COURSE BOAT LAUNCH

Page

57

CORPS000

1923

50 51 52 53 54a
54.b 54.c 54.d 54.e 54.f 54.g 54.h
54.i 54.j

MDNR
MIDNR

Fisheries letter Fisheries email Wildlife Wildlife

letter

habitat loss regarding

state listed

concerns
intake

November
velocities

2006
July

water

MDNR MDNR
Stock

20

2007

species

October

25

2005

memo
May

on-site review

December

2005

Streeter

email April

29

2006

and

letter

email

2006 w/ email

November
2006

10 2005

letter

and

Hoilman

May

White email Bury Drake

letter letter

May April 28
April April

2006 2006 2006

Boerma
Colcough and

letter

24

2006 2006
letter

letter

April email

24
and 2006

Jespersen

April

28

2006

Davis email April Snyder email

Galien/St

29

whetter April

29

2006

54.k 55.a 55.b 55.c 55.d 55.e 55.f 55.g 55.h

55.i 55.j

May

2006
Districts letter

Joseph River Conservation

November

14 2005

Snyder email November

Divis

13 2005 10 2005
2005 2005

email November email November

letter

Drake

Odden
Davis

November

letter

w/encls w/encls rcvd

October 30 2005

Krieger

letter letter

November
October 2005
Steering

2005

Boerma

2005

Bauer email October

Paw Paw
Beach Wetlands

River Watershed
letter

Comm Comments
15 2005 16 2005 November
2005

October

24

2005

55.k
55.1

e/encl

rcvd

November
letter

Conservation

Assn

55.m
55.n Stock

Kellogg
letter

letter

November 10 2005
January

November Corp
letter

56 57 58 59 60 61 62 63

New

Products
letter

18 2007

Stock

w/encls
letter

January 19 2007 January 19 2007 Lakes

Defense
Alliance

of Place
for the

Great
et

comments
to

Defense

of Place

al testimony
letter to

MNRTFB
w/encls

w/encls
June

August 2006
letter

15 2006

Corps
J.F J.F

coordination
letter

applicant
to

30

New New New

w/encls
request response

response
for to

Corps

coordination

July

25

2006

email
letter

5-year

permit

May

11 2007
parkiand

63.a J.F

Corps comments on
Klock
Park

conversion

64 65 66

May 14

2008

Corps letter to Kuhn email

J.F

applicant on Jean water

w/encls

Oct 13 2006
July

quality in river and test wells

w/encl
October

New New

17 2007

email
email

irrigation w/letter

water supply
describing

alternatives supply

2007 October

66.a J.F

water

alternatives

13 2007

Department

of

the

Army

Permit

Evaluation

File

No

05-054-002-0

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

Page

58

CORPS000 1924

67

S.F

New New

letter letter

w/encl

forwarding

Stream Mitigation Plan

July

Plan 2007

June 11 2007

67.a J.F

re Stream Mitigation

26

68 69
70

Memo
J.F J.F

Corps site inspection report March 13 2006 Abonmarche Consultants Wetland Delineation Report

June 2005
old structures

New New

letter letter

w/encls w/encls

application

to

SHPO

on

50-year

October

2005

71
72.a

re survey

on

state

72 Corps
Corps Corps Corps

Hydraulics Hydraulics email

to

and Hydrology and Hydrology SF

Branch
email
to

December 14 2005 species Memo November 26 2007

listed at

on velocity
the Wetland

water intake Plan

73
74

New

September
July

ii 2007
2008

on revisions

Mitigation

EAB memo
2007

28

on Jean Kiock

Park

w/Corps

site visit

report

22 March
74.a Allen

Kurta Report on Indiana Regulatory

letter to

Bats December 13 2005

report on Jean

75 76 77 78 79 80
81

Memo
Corps

Office

site

Kiock

Park March 31 2007

consulting

parties to

w/encls w/encls
historic

January

30

2007

Regulatory

Office
to

memo

EAB
no
letter

March

12 2007
affected

Corps

letter

SHPO w/encls

properties

March 23 2007

Evergreen Development

Co

w/encls

Re

golf course

HSCRJ HSCRI
J.F J.F

redesign February

22

2007

Alternatives presentation
letter letter

Discussion
presented

October 19 2006
July

2006

82 83
84 85

New New

redesign
to

former Golf Hole on

alternate

now

Hole

15

to

avoid January

wetlands

Jan

24

2006

IVIDEQ

course

layouts

w/encl

12 2006 10 2005

Corps

memo

on inter-agency
for Executive

meeting on scope Leadership Meeting

Section

of project

November 13 2005
of water

Presentation

October

86
87

MIDEQ
J.F

LWMD
Inc

Water

Management

email on affect

withdrawal

on Paw Paw River water levels

October
to

2007
of

New

email asking

Corps

reopen evaluation

HSCRI

application

July

28

2008

Reference Materials

used

in

Compiling

this

Assessment include

USGS

topo

quad for Benton

Harbor Michigan

NOAA
National

1970 photo-revised 1980

Chart

No

14930
List

Endangered

Species

Register
soil

of Historical Places
for

USDA USDA
USGS

survey

Berrien

County
2002

MI

1980

Census of Agriculture Water Data Report

2006 Paw Paw River

JZR-5 1988 1979

at

Riverside

MT

COE COE COE

aerial aerial aerial

photography photography photography

GJS 30-34 May

archived AIT-3R-97
Report
for

June

21

1938

Federal

Flood Insurance

St Joseph and Benton

Harbor

MI

revised

Jan

2007

Army Permit Evaluation No 05-054-002-0 HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH
Department
of the
File

Page

59

CORPS000

1925

COE
Site

Navigability

Study for the St Joseph River 1979

Basin

includes

the

Paw Paw River

December
Investigation

Ground Photography
Register of Natural Guidelines Service

Landmarks

404b1
Fish

and Wildlife

Wetland

Inventory

Maps Review

Census Data Wetland

Evaluation

Technique

Volume

Literature

and Evaluation Department

Fish Screen

Rationale

of Fisheries

and Oceans 1995

Historic

Canada Freshwater

Intake

End-of-Pipe

Guideline

USD1 USD1 USD1

http

National

Park Service
.gov/hps/hli

Landscape

Initiative

http//www.cr.nps
National

Park Service Landscapes

National

Register

Bulletin

18

How

to

Evaluate

and Nominate

Designed

Historic

National
.nps

Park Service

Indiana

Dunes

Administrative

History

I/www

gov/archive/indu/Managementdocs/adhi/adhi Foundation

.htm
give us sense of

Cultural

Landscapes

2005

Cultural landscapes

place

http//www.tclf.org/whatis.htm

Department

of

the

Army Permit Evaluation

File

No

05-054-002-0

Page

60

HARBOR SHORES-MARINAS GOLF COURSE BOAT LAUNCH

CORPS000 1926