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LRH-2012-849-LMR

Published July 2, 2013
Expiration date: 7/16/2013

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 within a proposed residential development.

APPLICANT:

Chuck Evans

Schottenstein Real Estate Group

2 Easton Oval

Columbus, Ohio 43219

LOCATION: The proposed development is located within unnamed tributaries of Muddy Creek and wetlands adjacent to these tributaries within a 69-acre site located north of Kings Mills Road/State Route 741 and south of Cox-Smith Road, in the City ofMason, Warren County, Ohio. A project location map is attached as Sheet 1.

DESCRIPTION OF PROPOSED WORK: The purpose of this Public Notice is to solicit comments regarding the proposed adverse affects to historic properties within the subject site.

The applicant has requested Department of the Army authorization to discharge dredged and/or fill
material into a total of 522 linear feet (0.04 acre) of streams and 0.45-acre of jurisdictional wetland
in association with the construction of the Mason Grand residential development. Additionally, the
applicant has requested authorization from Ohio Environmental Protection Agency to discharge
dredged and/or fill material into 0.0 1-acre of isolated wetland in association with the proposed development. Deelopment of the site would include the construction of roads and lot filling and grading activities for the construction of buildings and attendant features. Two existing culverts would be replaced in order to construct the roadways.

To compensate for the loss of waters of the United States, the applicant proposes to place a total of 992Iinear feet of streams on site (515 linear feet of intennittent North Fork Stream B, 145 linear feet of intermittent South Fork Stream B, and 332 linear feet of perennial Stream A) into perpetual protection via an environmental covenant. An average 75 foot riparian buffer would be provided around the applicable portions of the protected streams. In addition, the applicant proposes to purchase one-acre of wetland credit from an approved mitigation bank as compensatory mitigation for the proposed discharge of fill material into 0.45-acre of wetland. The purpose of the project is to provide an approximate 300-unit, multi-family residential development.

The applicant has requested authorization for discharges of dredged and/or fill material into waters of the United States within this site in order to construct a residential development. Our office is currently evaluating the proposed activities for authorization under Nationwide Permit (NWP) #29 (Residential Developments).

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 United States Army Corps of Engineers (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 (NHP A) to ensure that 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 are

provided an opportunity to comment as required by the NHPA, 36 C.F.R. 800, and 33 C.F.R. 325, Appendix C.

In the pre-construction notification (PCN) for the proposed Mason Grand residential development, the applicant indicated that previous investigations of the project area included:

• a cultural resources file search in 2003 by Gray & Pape;

• Phase 1a cultural resources survey and preparation of a report titled Phase 1A Cultural Resources Survey for the Proposed Kings Mills Road Commercial Development Site" and prepared by Gray & Pape in 2003;

• Phase II survey and preparation of a report titled Draft Report, Phase II survey of Archaeological Site 33 WA 753 and Architectural Resources Survey for the Proposed Kings Mills Road Commercial Development Site, City of Mason, Warren County, Ohio and prepared by Gray & Pape in 2004; and

Phase I Archaeological Survey in Support of Development at Kings Mills Road, Warren County, Ohio and Determination of Effects for the King Family Complex (WAR-999-10 and WAR-1364-10), Warren County, Ohio.

The aforementioned investigations concluded that the two architectural sites associated with the King Family Retreat (33-W AR-999-1 0 and 333-WAR-1364-1 0) were recommended for inclusion to the NRHP based on Criteria A and C and a 2007 Determination of Eligibility report. Following this report, fire damage to one ofthe structures within the King Family Fish Retreat (WAR-1364-10) occurred and emergency demolition was conducted in accordance with 36 CFR 800.12 and in coordination with the Ohio Historic Preservation Office (OHPO). Following the demolition, the eligibility of 33-W AR-999-1 0 and 333-W AR-1364-1 0 was reassessed and Gray & Pape prepared a  Revised Determination of Effects for the King Family Complex (WAR-999-10 and WAR-1364-10), Warren County, Ohio. To supplement the PCN, the applicant submitted the Ohio Historic Preservation Office: Resource Protection and Review, Section 106 Review- Project Summary Form.

In evaluating the applicant's permit request, we have consulted OHPO regarding this proposed undertaking. Through this consultation and based on information supplied by the applicant, this office has determined the proposed undertaking will have an adverse effect and a change in setting of the two architectural sites, 33-W AR-999-10 and 333-W AR-1364-10, eligible for the inclusion on the NRHP.

Preliminary options to resolve the proposed adverse effects have been provided by the applicant in Memorandum of Agreement (MOA) Among The US. Army Corps of Engineers, Huntington District (USACE, LRH) The Ohio Historic Preservation Office (OHPO), and The Schottenstein Real Estate Group (APPLICANT) Regarding the Edward T Kennedy Property (WAR-999-10) and the King Family Retreat (WAR-1364-10), City of Mason, Warren County, Ohio. The draft MOA prepared by the applicant proposes to prepare documentation of W AR-999-10 and W AR-1364-10 and preserve the existing impounded reach of an unnamed tributary to Muddy Creek and its riparian corridor within the 100-year floodplain as a vegetative screen intended to minimize the views of the proposed Mason Grand development from the historic properties and act as a buffer area. The applicant is currently exploring other alternative mitigation proposals to resolve the proposed adverse effect to historic properties. Therefore, this Public Notice serves to solicit public input on potential mitigation activities to resolve the proposed adverse effects to the eligible Edward T Kennedy Property (WAR-999-10) and the King Family Retreat (WAR-1364-10) historic properties.

PUBLIC INTEREST: The Corps is soliciting comments from the public, Federal, state and local The Corps is soliciting comments from the public, Federal, state and localagencies 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 or objections to the proposed MOA, 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-2012-311-GMR

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 Ms. Laurie A. Moore of my staff at 513-825-2752.