TO WHOM
IT MAY CONCERN: The following application has been submitted
for a Department of the Army Permit (DA) under the provisions of Section 404 of
the Clean Water Act. This notice serves
as the United States Army Corps of Engineers’ (Corps) request to the Ohio
Environmental Protection Agency (OEPA) to act on the Section 401 Water Quality
Certification for the following application.
APPLICANT: ADS
Place Phase III, LLC
667 Madison
Avenue, 23rd Floor
New York,
New York 10065
LOCATION: As depicted on the attached Exhibit 1: Easton ADS Location Map (Sheet 1 of 3), the proposed
project would be located in wetlands adjacent to an unnamed tributary to Alum
Creek located northwest of the intersection of Stelzer Road and McCutcheon Road
in the City of Columbus, Franklin County, Ohio (40.035924° N, -82.913000° W).
PROJECT
HISTORY: In January 2005, the Corps verified the
presence of 2,008 linear feet of streams for a project area identified as the Easton
Parcel 25 (LRH-2004-1535-SCR). In 2007,
the Corps authorized the discharge of dredged and/or fill material into 200
linear feet of stream under the terms and conditions of Nationwide Permit (NWP)
39, described in the January 15, 2002 Federal Register, Notice of Reissuance of
Nationwide Permits (67 FR 2020), for the construction of a commercial
development on the Easton Parcel 25. The
portion of the Easton Parcel 25 on the current Easton ADS Corporate Office
Development site contained 2,008 linear feet of streams. Prior to expiration of
the NWP 39 verification, 200 linear feet of stream was affected by the
discharge of dredged and/or fill material and the remaining 1,808 linear feet
of stream was avoided.
In September 2006, the Corps verified the presence of
1.68 acres of wetlands for a project area identified as the Easton Parcels
26-29 (LRH-2006-402-SCR). In that same
letter the Corps authorized the discharge of dredged and/or fill material into
0.49 acre of wetlands NWP Nationwide Permit 39, described in the January 15,
2002 Federal Register, Notice of Reissuance of Nationwide Permits (67 FR 2020). Approximately 0.24 acre of the previously
authorized wetland was affected by the discharge of dredged and/or fill
material.
A “Waters of the United States”
delineation for the approximately 88 acre parcel was verified by the Corps via
a letter dated January 13, 2016. Table 1
attached to this notice lists the jurisdictional status of the identified aquatic
resources.
DESCRIPTION
OF PROPOSED WORK: The applicant
proposes to discharge approximately 3,291 cubic yards of dredged and fill
material into 1.02 acres of wetlands in order to construct an 88 acre corporate
office development, known as the Easton ADS Corporate Office (see Table 1). The
proposed development would include six office buildings encompassing approximately
1.1 million square feet of office space along with interior roadways, parking infrastructure,
and a courtyard park. Plans of the work
are attached to this notice (Sheets 1-3).
ALTERNATIVE
ANALYSIS: A total of 1.02 acres of wetlands would be impacted
as a result of proposed commercial development.
The project does not require access or proximity to or siting within the
wetlands to fulfill its basic purpose and is considered a non-water dependent
activity. The Section 404(b)(1)
Guidelines state that for non-water dependent activities in special aquatic
sites, practicable alternatives that do not involve wetlands are presumed to be
available, unless clearly demonstrated otherwise. The applicant is required to provide an
alternative analysis that must overcome that presumption prior to receiving
authorization for the discharge of dredged and/or fill material into the
wetlands. The applicant has submitted
the required alternatives analysis. A complete copy of the applicant’s alternatives analysis
can be reviewed by appointment at the above address. No permit will be issued until our
review of the alternatives analysis clearly shows that upland alternatives are
not available to achieve the project purpose.
AVOIDANCE AND MINIMIZATION: In evaluating a project area
containing waters of the United States, consideration must be given to avoiding
impacts on these sites. If waters of the
United States cannot be avoided, then impacts must be minimized. Approximately 1,808 linear feet streams and 2.06
acres of wetlands subject to Section 404 Clean Water Act regulation exist
within the project limits. According to
the applicant, alternative plans were considered. Avoidance and minimization efforts were
incorporated into the proposal to reduce the footprint of the overall project. The proposed project has been designed to
completely avoid discharges of dredged and/or fill material into the remaining 1.05
acres of wetlands (50%) and 1,808 linear feet of streams (100%) within the
project area. The applicant would be required
to obtain stormwater permits and to implement stormwater protection plans as
needed for site construction following the requirements of the National
Pollutant Discharge Elimination System (NPDES) program. Based on the application, the applicant has
applied for the required NPDES permit from the OEPA.
COMPENSATORY
MITIGATION PLAN: To compensate
for the discharge of dredged and/or fill material into 1.02 acres of wetland,
the applicant proposes to purchase 2.6 acres of wetland mitigation credits from
a federally approved wetland mitigation bank and to preserve approximately 1.05
acres of wetlands on-site.
WATER QUALITY CERTIFICATION: A Section 401 Water Quality
Certification is required for this project.
It is the applicant’s responsibility to obtain certification from the OEPA. Based on the DA application, the applicant
has applied for the required Section 401 Water Quality Certification from the
OEPA.
HISTORIC AND
CULTURAL RESOURCES: The
National Register of Historic Places (NRHP) has been consulted and it has been
determined there are no properties currently listed on
the NRHP which would be indirectly or directly
affected by the proposed work. The
project area was previously surveyed and coordination with the Ohio State
Historic Preservation Office (OSHPO) took place in 2004 and 2006. By letters dated January 14, 2005 and September
25, 2006, the OSHPO stated that no historic properties would be affected by the
project and that no further investigation was necessary unless historic
properties are accidently discovered. The proposed project would have no effect on historic
properties listed on, eligible or potentially eligible for inclusion on the
NRHP. A copy of this public
notice will be furnished to the OSHPO for their review. Comments concerning archaeological
sensitivity of the project area should be based on collected data.
THREATENED AND ENDANGERED SPECIES: The project is located within the
known or historic range of the following federally-protected species: endangered Scioto madtom (Noturus trautmani), endangered clubshell mussel (Pleurobema clava), endangered northern
riffleshell mussel (Epioblasma torulosa
rangiana), endangered rayed bean mussel (Villosa fabalis), endangered snuffbox mussel (Epioblasma triquetra), threatened rabbitsfoot mussel (Quadrula cylindrica cylindrica), endangered
Indiana bat (Myotis sodalis), and threatened
northern long-eared bat (Myotis
septentrionalis). The Corps has
consulted the most recently available information, including correspondence
between the United States Fish and Wildlife Service and EMH&T dated
December 30, 2015 and based on the proposed implementation of the seasonal tree
clearing restrictions, the project may affect, but is not likely to adversely affect
either the Indiana bat or the northern long-eared bat. Based on this information, the proposed
project is not likely to adversely affect the continued existence of any of the
other above mentioned endangered species or threatened species, or result in
the destruction or adverse modification of habitat of such species which has
been determined to be critical. This Public
Notice serves as a request to the United States Fish and Wildlife Service for
any additional information they may have on whether any listed or proposed to
be listed endangered or threatened species may be present in the area which
would be affected by the activity, pursuant to Section 7(c) of the Endangered
Species Act of 1972 (as amended).
PUBLIC INTEREST REVIEW AND CUMULATIVE
EFFECTS: This application will be reviewed in
accordance with 33 CFR 320‑332, the Regulatory Program of the Corps, and other
pertinent laws, regulations, and executive orders. Our evaluation will also follow the
guidelines published by the United States Environmental Protection Agency
pursuant to Section 404(b)(1)
of the Clean
Water Act (40 CFR part 230). The
decision whether to issue a permit will be based on an evaluation of the
probable impacts, including cumulative impacts, of the proposed activity on the
public interest. That decision will
reflect the national concern for both protection and utilization of important
resources. The benefit which reasonably
may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All
factors that may be relevant to the proposal will be considered, including the
cumulative effects thereof; among those factors are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish
and wildlife values, flood hazards, floodplain values, land use, navigation,
shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership and, in general, the needs and welfare of
the people.
SOLICITATION OF COMMENTS: The
Corps is soliciting comments from the public, Federal, state and local agencies
and officials, Indian Tribes and other interested parties in order to consider
and evaluate the impacts of this proposed activity. For accuracy and completeness of the
administrative record, all data in support of or in opposition to the proposed
work should be submitted in writing setting forth sufficient detail to furnish
a clear understanding of the reasons for support or opposition. Any person may request, in writing, within
the comment period
specified in the notice,
that a public hearing be held to consider the application. Requests for public hearings shall state,
with particularity, the reasons for holding a public hearing. Any
comments received will be considered by the Corps to determine whether to
issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to
assess impacts on endangered species, historic properties, water quality,
general environmental effects, and the other public interest factors listed
above. Comments are used in the
preparation of an Environmental Assessment and/or an Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need
for a public hearing and to determine the overall public interest of the
proposed activity. Written statements
received in this office on or before the expiration date of this Public Notice
will become a part of the record and will be considered in the final
determination. A permit will be granted
unless its issuance is found to be contrary to the public interest.
CLOSE OF COMMENT PERIOD: All
comments pertaining to this Public Notice must reach this office on or before
the close of the comment period listed on page one of this Public Notice.
If no comments are received by that date, it will be considered
that there are no objections. Comments and requests for additional information
should be submitted to:
United
States Army Corps of Engineers
ATTN: CELRH-RD-N
Public Notice No. LRH-2006-402-SCR
502
Eighth Street
Huntington,
West Virginia 25701-2070.
Please
note names and addresses of those who submit comments in response to this
Public Notice become part of our administrative record and, as such, are
available to the public under provisions of the Freedom of Information
Act. Thank you for your interest in our
nation’s water resources. If you have
any questions concerning this Public Notice, please contact Ms. Lee A.
Robinette of the North Branch at 304-399-5210.
Table 1. Proposed Discharges of Dredged and/or Fill
Material into Waters of the United States at the proposed Easton ADS project
area.
Feature
ID
|
ORAM/
HHEI Category Habitat
|
Onsite Extent (acres/lf)
|
Prev. Auth.
Impacts (acres/lf)
|
Previous Impacts (acres/lf)
|
Proposed Impacts
(acres/lf)
|
Proposed Preservation (acres/lf)
|
Activity
|
Wetland A
|
Category 2
/Forested
|
0.39
|
--
|
0
|
0.39
|
0
|
Grade establishment for associated parking
|
Wetland B
|
Category 2/
Forested
|
0.22
|
--
|
0
|
0
|
0.22
|
--
|
Wetland C*
|
Category 2/
Forested
|
0.05
|
0.03*
|
0*
|
0.05
|
0
|
Grade establishment for associated parking
|
Wetland D
|
Category 2/
Forested
|
0.44
|
--
|
0
|
0.44
|
0
|
Grade establishment for stormwater basin
|
Wetland E
|
Category 2/
Forested
|
0.08
|
--
|
0
|
0.08
|
0
|
Grade establishment for courtyard park
|
Wetland
F*
|
Category 1/
Emergent
|
--
|
0.08*
|
0.08*
|
--
|
--
|
--
|
Wetland G*
|
Category 2/
Forested
|
--
|
0.16*
|
0.16*
|
--
|
--
|
--
|
Wetland H*
|
Category 2/
Forested
|
0.88
|
0.22*
|
0*
|
0.06
|
0.83
|
Grade establishment for associated parking
|
Wetland
Total
|
---
|
2.06
|
0.49*
|
0.24*
|
1.02
|
1.05
|
---
|
Stream 1**
|
LRW/
Ephemeral
|
1,115
|
200
|
200
|
0
|
1,115
|
--
|
Stream 2
|
WWH/
Intermittent
|
569
|
--
|
0
|
0
|
569
|
--
|
Stream 3
|
LRW/
Ephemeral
|
124
|
--
|
0
|
0
|
124
|
--
|
Stream
Total
|
---
|
1,808
|
200
|
200
|
0
|
1,808
|
---
|
* 0.49 acre of
impact previously authorized under a Nationwide Permit - 0.24 acres of impact conducted in Wetlands
F & G.
**200 linear feet of impact previously authorized
under a Nationwide Permit - 200
linear feet of impact conducted in Stream 1.