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: HOF
Village, LLC
Lee Burger
4020 Kinross
Lakes Parkway, Suite 200
Richfield,
Ohio 44286
LOCATION: As depicted on the attached Figure 1: Site Location Map (Sheet 1 of 4),
the proposed project would be located in an unnamed tributary to the West
Branch of Nimishellen Creek and its adjacent wetlands located south of 17th
Street Northwest and east of Clarendon Avenue Northwest in the City of Canton,
Stark County, Ohio (40.81622° N, -81.40052° W).
PROJECT
HISTORY: A “Waters of the United States” delineation
for the 5.68 acre parcel was verified by the Corps via a letter dated September
21, 2015. 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 16,685 cubic yards of dredged and fill
material into 2.074 acres of wetlands, 0.175 acre of an open water pond, and 640
linear feet of an intermittent stream in order to construct a 25-acre sports
complex, known as the Youth Field Sports Complex, a Pro Football Hall of Fame
Village project. The proposed development would include nine youth fields, multiple
grandstands and concession/restroom facilities, and a parking area. Plans of
the work are attached to this notice (Sheets 1-3).
ALTERNATIVE
ANALYSIS: A total of 2.074 acres of wetlands, 0.17 acre
of an open water pond and 640 linear feet of an intermittent stream would be impacted
by the discharge of dredged and/or fill material as a result of proposed 25-acre
sports 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. The project area is an expansion of the
existing Hall of Fame Village. Therefore, due to the restricted property for
the expansion activities, the discharge of dredged and/or fill material into
the on-site waters could not be avoided. 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: The applicant
has submitted a conceptual mitigation plan to compensate for the proposed loss
of waters of the United States. The
applicant proposes to perform stream restoration, wetland establishment and
wetland enhancement activities. The proposed stream restoration work would be
conducted on 960 linear feet of an intermittent stream (referred to as Canton
Waterworks Raceway) within the Stadium Park, which is located east of
Interstate 77 and south of Fulton Road. The applicant proposes to create 5.2
acres of forested wetlands within the Avondale Arboretum. To mitigate for
impacts to the open water pond, the applicant proposes to enhance approximately
1.2 acres of low-quality emergent wetlands. A final mitigation plan, once it
has been submitted, will be available for review.
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 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 Ohio State Historic Preservation Office 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 Indiana bat (Myotis sodalis) and threatened northern long-eared bat (Myotis septentrionalis). The Corps has consulted the most recently
available information, 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 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. 2015-491-MUS-Unnamed Tributary of West Branch Nimishellen Creek
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. Crystal D.
Chambers of the North Branch at 304-399-5210.
Pro Football Hall of Fame Youth Sports
Field Complex Aquatic Resource Chart
Aquatic
Resource
|
Stream
|
Wetland
|
Impact
|
Flow
Class
|
Cowardin
Class
|
Purpose
of Discharge
|
Stream
Impact
|
Wetland
Impact
|
Type/Composition
of Fill
Material
|
Quantity
of Material Being
Discharged
|
Wetland
A
|
N/A
|
PFO
|
Athletic
Field
|
NA
|
1.18
ac
|
Clean
Fill
|
11625
CY
|
Wetland
B
|
N/A
|
PFO
|
Athletic
Field
|
N/A
|
0.89
ac
|
Clean
Fill and Captured in Underground Detention System
|
1650
CY
|
Stream
1
|
Intermittent
|
N/A
|
Athletic
Field
|
640
lf
|
N/A
ac
|
Captured
Fill and Underground Detention System and Clean Fill
|
3300
CY
|
Open
Water 1
|
N/A
|
PUB
|
Athletic Field
|
N/A
|
0.175
ac
|
Clean
Fill
|
110
CY
|