US Army Corps of Engineers
Huntington District Website

Disclaimer

The below listed documents may not be readable via Optical Character Recognition. To receive public notices via email, please send an email to LRH.Permits@usace.army.mil indicating that you would like to be placed on the public notice electronic distribution list. Your email should also include the state(s) in which you would like to receive public notices.

LRH 2018-147-WAL

Published March 6, 2019
Expiration date: 4/4/2019

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 Kingwood Center Garden Development project.

 

APPLICANT:            Kingwood Center Garden

                                    50 North Trimble Road

                                    Mansfield, Ohio 44096

 

LOCATION:  As depicted on the enclosed Project Location Map (Sheet 1), the proposed project would be located at the Kingwood Center Garden, on 50 North Trimble Road, at Mansfield, in Richland County, Ohio at approximately 40.761853 latitude, -82.54808 longitude.   

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 in association with the Kingwood Center Garden Commercial Development project. The proposal would involve the permanent discharge of approximately 32 cubic yards of dredged and/or fill material into approximately 0.071 acre of two (2) wetlands (Wetland A – 0.006 acre and Wetland B – 0.065 acre) and 68 linear feet (0.006 acre) of one (1) intermittent stream (Stream 3) and would result in the temporary discharge of dredged and/or fill material into 190 linear feet (0.016 acre) of three (3) intermittent streams (Stream 1 – 51 linear feet, Stream 2 – 15 linear feet, and Stream 3 – 124 linear feet) (Sheet 3) in association with the construction and expansion of the existing commercial development.  The proposal would include the construction of a new visitor center, staff offices, additional parking, and two (2) acres of new garden experiences.  In addition, improvements to the stormwater management system and to the existing maintenance facilities are proposed at the Kingwood Center Garden (Sheet 2).

The United States Army Corps of Engineers (Corps) will 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 as described in the January 6, 2017 Federal Register, Issuance and Reissuance of NWPs (82 FR 1860) pursuant to Section 404 of the Clean Water Act.

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 State Historic Preservation Office (SHPO) for their review and comment:

  • Phase I Archaeological Survey of the Proposed 3.45 ha (8.53-acre) Kingwood Center Garden Expansion and Improvements Project in Mansfield, Richland County, Ohio (survey); and
  • Determination of Effects for the Kingwood Center Garden.

Based on coordination with the Ohio SHPO, it has been determined that the Kingwood Center Garden Development project would directly affect, through alterations and additions, one (1) National Register of Historic Places (NRHP) site (Kingwood Center Garden).  The Kingwood Center Garden is listed on the NRHP under Criterion C (embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction) specifically for its significance in landscape architecture.  We have determined the proposed undertaking would have an adverse effect on the aforementioned NRHP listed property.

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 NWP verification for the proposed project:

  • Update the National Register nomination which was written in 1976.  Updating the nomination would assist in determining a period of significance for the property, a precise NRHP boundary, and a list of contributing and non-contributing elements.

This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects to the Kingwood Center Garden.

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-2018-147-WAL

                        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, may be 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 or by email at cecil.m.cox@usace.army.mil.