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LRH 2021-104-SCR

Published June 22, 2022
Expiration date: 7/22/2022

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 proposed Adena Pointe Residential Development.


APPLICANT:           Mr. Jason Wisniewski

                                 Grand Communities, LLC

                                 3940 Olympic Boulevard, Suite 400

                                 Erlanger, Kentucky 41018


LOCATION:  The proposed 20.57-acre site is located east of OH-38 off of Woodline Drive in Paris Township, Union County, Ohio at approximately 40.219811 latitude and -83.366478 longitude (Sheet 1 of 2).

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a Department of the Army (DA) permit authorization for the proposed discharge of dredged and/or fill material into waters of the United States in association with the Adena Pointe Residential Development.  As designed, the project would result in the discharge of dredged and/or fill material approximately 123.46 linear feet (0.006 acre) of one (1) intermittent stream and 0.32 acre of two (2) wetlands in association with the construction of the residential development and its attendant features.  All work would be conducted in accordance with the preliminary site plans submitted with the pre-construction notification materials (Sheet 2 of 2).

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 potential authorization under a Nationwide Permit (NWP) #29 as described in the January 13, 2021 Federal Register, Reissuance and Modification of NWPs (86 FR 2744) pursuant to Section 404 of the Clean Water Act.  

The Corps is required 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 the opportunity to comment as required by the NHPA, 36 CFR 800, and 33 CFR 325, Appendix C. 

A Phase I Archaeological Survey for the 53.2 ha (131.5 ac) Adena Pointe Housing Development in Paris Township, Union County, Ohio (report), dated June 28, 2004, was prepared for the project site.  According to the report, no cultural resources or archaeological sites eligible for inclusion on the National Register of Historic Places (NRHP) were identified on the project site.  The Ahlers Residence/Emanuel Burns Farm Property (Ohio Historic Inventory [OHI] UNI0051609), a nineteenth century farmstead, is eligible for listing on the NRHP and is located approximately 1,400 feet east of the project site at 14927 Weaver Road. 

The applicant has proposed to avoid the Ahlers Residence/Emanuel Burns Farm Property.  The house is a private residence and will remain as such.  Based on a review of the proposed site plans and other information presented to us by the Ohio SHPO, the Ohio History Connection, it has been determined that the proposed undertaking would have an adverse visual impact on the NRHP-eligible property, the Ahlers Residence/Emanuel Burns Farm Property (OHI UNI0051609).

The applicant understands that mitigation would be required for the adverse effect and a Memorandum of Agreement (MOA) would be required and made part of any DA authorization for the proposed project.  The mitigation proposal is currently under development; however, in coordination with the Ohio SHPO, the applicant has proposed to provide landscape screening between the existing house and the proposed development and to complete OHI forms for the remaining farmsteads in Paris Township, Union County, Ohio.  This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects to the Ahlers Residence/Emanuel Burns Farm Property (OHI UNI0051609).

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 of this Public Notice.

CLOSE OF COMMENT PERIOD:  Comments and requests for additional information should be submitted electronically to Laurie Moore by email at Laurie.A.Moore@usace.army.mil.  If you do not have internet access, comments may be submitted through the U.S. Postal Service (USPS) to the following address:

                                                                                                                                       United States Army Corps of Engineers


Public Notice:  LRH-2021-104-SCR

502 Eighth Street

Huntington, WV 25701-2070

Comments should only be provided through the USPS when electronic transmission is not possible.  Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to process and receive hard copy submissions.  To be considered in our evaluation, comments submitted through the USPS should have a postmark dated on, or prior to, the close of the comment period listed on page one (1) of this Public Notice.  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.