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LRH 2017-1018-TUS

Published Sept. 14, 2018
Expiration date: 10/13/2018

TO WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army (DA) Permit 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:            Ms. Becky Shrock                                                                                                                         

                                 Ravago Real Estate USA 2 LLC

                                  25 Foundation Place

                                  Barberton, Ohio 44203

 

LOCATION:  As depicted on the attached Sheet 1 of 4, the proposed 96.8-acre project site would be located within the watershed of the Tuscarawas River, west of Lake Road and south of West Smith Road in the City of Medina, in Medina County, Ohio (latitude: 41.13416, longitude: -81.89867).  

 

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to discharge approximately 5,405 cubic yards of dredged and/or fill material into approximately 3.08 acres of six (6) wetlands and 358 linear feet (0.02 acre) of one (1) intermittent stream, as described in Table 1 below, in association with the construction of the Chippewa Railyard project.  The proposed project would consist of the placement of a culvert for a railroad crossing and grading and lot filling to facilitate the construction of an 882,000 square foot building with associated loadings areas, a rail yard, and parking lots.  Please see attached Sheet 2 - 4 of 4 for the proposed project’s design plans.

 

ALTERNATIVES ANALYSIS:  The proposed Chippewa Railyard project would result in the discharge of dredged and/or fill material into 2.44 acres of six (6) palustrine emergent (PEM) wetlands (Wetland A, Wetland B, Wetland C, Wetland D, Wetland E and Wetland F), 0.64 acre of one (1) palustrine forested (PFO) wetland (Wetland C), and 358 linear feet (0.02 acre) of one (1) intermittent stream (Stream 3). 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 for non-water dependent activities, practicable alternatives that do not involve wetlands are presumed to be available, unless clearly demonstrated otherwise.  The applicant is required to provide an alternatives analysis that must overcome this presumption prior to receiving authorization for the discharge of dredge and/or fill material.  The applicant has submitted an alternatives analysis and it is currently under review.  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 office determines practicable upland alternatives are not available to achieve the overall project purpose based upon the applicant’s alternative analysis.

 

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 the impacts must be minimized.  Approximately 5.08 acres of six (6) wetlands (Wetlands A, B, C, D, E, and F) comprised of 2.52 acres of PEM wetlands, 2.56 acres of PFO wetlands, 1,672 linear feet (0.23 acre) of one (1) intermittent stream (Stream 3), and 614 linear feet (0.06 acre) of two (2) ephemeral streams (Streams 1 and 2) are located within the proposed 96.8-acre project area.  According to the applicant, alternative plans were considered.  Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed project.  The applicant’s project would avoid 100% (approximately 614 linear feet) of the ephemeral streams, 89% (approximately 1,314 linear feet) of the intermittent streams, and 75 % (1.92 acres) of the PFO wetlands on-site.  Stormwater management planning would incorporate best management practices and water pollution controls necessary to maintain compliance with the Federal Water Pollution Control Act, Ohio Water Pollution Control Act.  Construction activities would be performed during low flow conditions to the maximum extent possible.  Stormwater management and erosion control systems would be implemented during construction, including silt fences, mulch and/or earthen berms, temporary seeding, hay bales, inlet protection, temporary collective basins, diversion ditches, and construction entrances.  All disturbed areas would be seeded and/or revegetated with native plant species and native seed mixes after completion of construction activities. 

 

COMPENSATORY MITIGATION PLAN:  To compensate for the loss of waters associated with the proposed project, the applicant proposes to purchase 5.5 acres of wetland mitigation credits and 184 stream mitigation credits from the North Coast Regional Council of Park District’s In-Lieu Fee program. The applicant’s CMP is currently under review, and is available for public review.  The proposed CMP is open to comment and is subject to change based on comments received.  After review of all the submitted information the Corps will make a determination of appropriate mitigation, in the event a decision is made to issue a permit. 

 

WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification is required for this proposed project.  It is the applicant’s responsibility to obtain a 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 that would be indirectly or directly affected by the proposed work.  The majority of the site is comprised of agricultural fields with wooded fence rows.  A review of the Ohio State Historic Preservation Office files indicated a portion of the southeastern part of the site had been previously surveyed and no archaeological sites were documented within the project area. No Ohio Historic Inventory properties are located within, adjacent to or within the viewshed of the project area.  The Corps has determined the proposed project would have no effect on historic properties 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 proposed project is located within the known or historic range of the following federally-protected species: the endangered Indiana bat (Myotis sodalis) and the threatened northern long-eared bat (Myotis septentrionalis). The Corps has consulted the most recently available information.  Based on the proposed implementation of seasonal tree clearing restrictions, we have determined the proposed project may affect, but is not likely to adversely affect either the Indiana bat (Myotis sodalis) or the northern long-eared bat (Myotis septentrionalis).  Based on this information, the proposed project is not likely to adversely affect the continued existence of any endangered 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 for concurrence from the United States Fish and Wildlife Service with the aforementioned effect determinations and 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 the protection and the utilization of important resources.  The benefit that 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, the Federal, state, and local agencies and officials, the 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 evaluate 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-2017-1018-TUS

                                                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, may be 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 Nicole Marisavljevic of the North Branch at (330) 365-4273, by mail at the above address, or by email at: Nicole.Marisavljevic@usace.army.mil        


                                               

 

Table 1

Proposed Discharges of Dredged and/or Fill material into Waters of the United States

in Association With the Proposed Chippewa Railyard Project,

Medina, Medina County, Ohio (41.13416, -81.89867)

 

Aquatic Resource

Type

Estimated amount of aquatic resource in review area

Amount of Impact to Aquatic Resource

Wetland A

Category 1, PEM Wetland

0.66 acre

0.66 acre

Wetland B

Category 1, PEM Wetland

0.13 acre

0.13 acre

Wetland C

Category 2, PEM Wetland

0.39 acre

0.39 acre

Wetland C

Category 2, PFO Wetland

1.86 acre

0.64 acre

Wetland D

Category 1, PEM Wetland

1.09 acre

1.09 acre

Wetland E

Category 1, PEM Wetland

0.14 acre

0.13 acre

Wetland F

Category 1, PEM Wetland

0.11 acre

0.04 acre

Stream 1

Ephemeral Stream

486 linear feet

0 linear feet

Stream 2

Ephemeral Stream

128 linear feet

0 linear feet

Stream 3

Intermittent Stream

1,672 linear feet

358 linear feet

Total Impacts

Category 1, PEM Wetland

2.05 acre

Category 2, PEM Wetland

0.39 acre

Category 2, PFO Wetland

0.64 acre

Intermittent Stream

358 linear feet