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LRH 2008-142-MUS

Published Jan. 31, 2018
Expiration date: 2/14/2018

TO WHOM IT MAY CONCERN:  The intent of this Public Notice is to provide an opportunity for the public to express their views on proposed adverse effects to historic properties associated with the Outville Road Development Project.


APPLICANT:             Anderson Layman Company

                                    9 North 3rd Street

                                    Newark, Ohio 43055


LOCATION:  As depicted on the enclosed Project Location Map (Sheet 1), the proposed project would be located east of Outville Road and north of Interstate 70 in Harrison Township, Licking County, Ohio (39.952012°, -82.592407°).   


DESCRIPTION OF PROPOSED WORK:  The applicant has requested a Department of the Army permit (DA) authorization for the proposed discharge of dredged and/or fill material into waters of the United States associated with the Outville Road Development project.  The applicant proposes to permanently discharge dredged and/or fill material into approximately 0.03 acre of wetland and 275 linear feet of stream channel for the construction of the development. Refer to the enclosed Conceptual Site Plan (Sheets A1 through A3) for a depiction of the proposed development activities.


The United States Army Corps of Engineers (Corps) was determined to be the lead federal agency for this undertaking, as the only federal action in association with this proposal is the requirement to obtain authorization under Section 404 of the Clean Water Act for the discharge of dredged and/or fill material into waters of the United States.  The proposal is under review for possible authorization under a Nationwide Permit (NWP) #39 pursuant to Section 404 of the Clean Water Act.


General Condition #20 of the NWPs states no activity which may affect historic properties eligible for listing in the National Register of Historic Places (NRHP) is authorized until the Corps has complied with the provisions of 33 CFR Part 325 Appendix C.  This condition also states the applicant must notify our office if the proposed activity may affect any historic property listed, determined to be eligible, or which the prospective permittee has reason to believe are eligible for listing on the NRHP. The Corps is mandated by the National Historic Preservation Act (NHPA) to ensure no federal undertaking, including a Corps permit action, which may affect historic resources, is commenced before the impacts of such action are considered and the Advisory Council on Historic Preservation and the State Historic Preservation Office (SHPO) are provided an opportunity to comment as required by the NHPA, 36 CFR 800, and 33 CFR 325, Appendix C. 


To date the following reports have been prepared and coordinated with the Ohio History Connection, Ohio SHPO for their review and comment:


  • Phase I Archaeological Survey Report for the Proposed 320 acre Outville Road Development Project, Licking County, Ohio; and


  • Phase II NRHP Eligibility Assessment of Sites (33LI2208, 33LI2212, and 33LI2214) Located Within the Proposed Outville Road Development Project in Licking, Ohio

Based on coordination with the Ohio SHPO, it has been determined that the Outville Road development and its associated features would directly affect, through alterations and additions, two (2) NRHP eligible sites (Sites 33LI2208 and 33LI2214). Both sites contain Woodland time period components that have the potential to yield additional information about Ohio’s history.  We have determined the proposed undertaking would have an adverse effect on the aforementioned NRHP listed properties. 


As mitigation for the proposed adverse effect, the applicant has proposed the following mitigation measures, which would be incorporated into a Memorandum of Agreement (MOA) that would be made a part of any nationwide permit verification of the proposed project:


  • Avoidance of the portion of site 33Li2208 with the most integrity and 33Li2214;
  • During construction, Site 33Li2208 that has been undisturbed would be demarcated from the remainder of the development by the installation of an earthen barrier and sediment/erosion control fabric; 
  • Site 33Li2214 would be demarcated from the remainder of the development by the installation of permanent fencing and sediment/erosion control fabric; and
  • Upon completion of construction activities, the earthen barrier and permanent fencing would remain in place.


This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects on historic properties.


PUBLIC INTEREST:  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 proposed adverse effect on historic properties.  Should you wish to express your views on the undertaking’s effects on historic properties, or provide comments, objections or mitigation proposals associated with the proposed undertaking, please forward this information to our office prior to the close of the comment period for this Public Notice.  


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.  Persons wishing to submit comments or objections concerning this proposal should write:


                        United States Army Corps of Engineers

                        ATTN: CELRH-RD-N-Public Notice No. LRH-2008-142-MUS

                        502 8th Street

                        Huntington, West Virginia 25701-2070


Please note, the 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. If you have any questions concerning this public notice, please call Mr. Cecil Cox of the North Branch at 304-399-5274.