The below listed documents may not be readable via Optical Character Recognition. To receive public notices via email for the Huntington District Regulatory Division 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 include which state(s) Ohio and/or West Virginia in which you would like to receive public notices.

LRH 1998-992-SCR

Published July 23, 2014
Expiration date: 8/22/2014

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:              Mr. Kolby Turnock

                                    Casto, Inc.

            `                       191 W. Nationwide Boulevard, Suite 200

                                    Columbus, Ohio 43215


LOCATION:  As depicted on the attached Sheet 1 of 2, the proposed project would be located within the watershed of Rocky Fork (Latitude 40.08677N, Longitude 82.85265W), at the northeast intersection of Hamilton Road and State Route 161 in the City of Columbus, Franklin County, Ohio.  The proposed discharges of dredged and/or fill material would take place within adjacent wetlands to Rocky Fork.  Rocky Fork is a direct tributary of Big Walnut Creek, a traditional navigable water of the United States.     

PROJECT HISTORY:  On November 24, 1998, this office authorized discharges of dredged and/or fill material into approximately 2.84 acres of wetland under Nationwide Permit No. 26 in association with the construction of a commercial development at this site for Casto, Inc.  To compensate for the loss of wetlands, the permittee was required to purchase 4.3 credits from the Big Island Wetland Mitigation Bank.  In addition, the permittee agreed to preserve a total of 5.71 acres of wetlands, 0.80 acre of pond and 450 linear feet of stream on-site.  On 24 March 2003, this office conducted a compliance inspection at the site.  The inspection revealed all areas authorized to be impacted by the discharge of dredged and/or fill material had been completed and all remaining waters on the site were preserved.  In September 2012, the waters on site were reevaluated and documented in a jurisdictional determination (JD) report dated February 1, 2013.  Via a letter dated July 11, 2013, this office issued a preliminary JD for the site and identified four wetlands (Wetlands V, W, X, and Z) totaling 10.12 acres and one perennial stream (Rocky Fork) totaling 510 linear feet as potential waters of the United States.  Due to the lack of development on the site during the last 14 years, some of the wetlands (Wetlands V, W, X, and Z) previously filled and graded as part of the 1998 project have become re-established and in some cases (Wetlands V, W and Z) have expanded from their original verified boundaries. 


DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to discharge dredged and/or fill material into approximately 2.34 acres of wetlands (these wetlands are in the locations of Wetlands V, X and Z previously filled under the 1998 permit mentioned above) in association with the construction of the Albany Park Northeast Residential Development Project (see attached Table 1 and Sheet 2 of 2).  The proposed development would consist of 568,459 square feet of multi-family residential buildings with 610 residential units and associated infrastructure, parking lots, stormwater ponds, and an office.  Construction of an entry road, one residential building, and the central office would result in the discharge of dredged and/or fill material into 0.73 acre of Wetland Z on the southwest corner of the site.  Construction of multiple residential buildings, roadways and parking areas would result in the discharge of dredged and/or fill material into 1.51 acres of Wetland V in the center of the site.  Construction of one building and an adjacent road would result in the discharge of dredged and/or fill material into 0.10 acre of Wetland X on the north-central border of the site.  The plans (Sheets 1 and 2) for the proposed project are attached to this notice. 


ALTERNATIVES ANALYSIS:  A total of approximately 2.34 acres of wetlands would be filled as a result of the proposal.  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 that 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 fill material.  The applicant has submitted the required 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 10.12 acres of wetlands and 510 linear feet of perennial stream are located within the proposed project area.  Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed project.  The applicant’s project would avoid 77% of the on-site wetlands and 100% of the on-site perennial stream.  The avoided forested Wetland Z would provide a buffer between the proposed development and the interchange at Hamilton Road and State Route 161.  Stormwater management planning would incorporate best management practices and water pollution controls necessary to maintain compliance with the Federal Water Pollution Control Act and Ohio Water Pollution Control Act.  Construction activities would be performed during low flow stream conditions.  Stormwater management and erosion control systems would be implemented during construction, including sediment fencing, inlet protection at all catch basins, grated manholes, curb and gutter inlets, stabilization construction road entrances, and temporary sediment basins or berms.  Stormwater detention areas would be used as sediment catch basins during project construction.  The applicant is required to prepare a Storm Water Pollution Prevention Plan as part of their National Pollutant Discharge Elimination System general stormwater permit.  Stormwater generated during the construction phases of the proposed project would be directed into stormwater basins or other acceptable stormwater features for water quality treatment and temporary storage before being released into the receiving streams.  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:  The applicant has indicated the loss of waters of the United States associated with the proposed project would be offset by the original purchase of 4.3 acres of credit from the Ohio Wetland Foundation (OWF) Big Island Mitigation Bank in 1998, the recent purchase of 1.3 acres of credit from the OWF’s Big Darby Hellbranch Wetlands Mitigation Bank in 2012, the proposed purchase of an additional 0.2 acre of credit from the OWF’s In-Lieu Fee Program, and the proposed on-site preservation of 7.78 acres of Wetlands W and Z and 510 linear feet of Rocky Fork.  A 25 foot wide, upland buffer totaling 1.56 acres would be preserved around the perimeter of each wetland and along the west bank of Rocky Fork.  The preservation sites would be protected in perpetuity via a real estate instrument. 

WATER QUALITY CERTIFICATION: A Section 401 Water Quality Certification may be required for this project.  It is the applicant’s responsibility to obtain certification from the OEPA. 

HISTORIC AND CULTURAL RESOURCES: The National Register of Historic Places

has been consulted and it has been determined there are no properties currently listed on the National Register of Historic Places that would be indirectly or directly affected by the proposed work.  A Phase I Cultural Resources Management survey was conducted for the project site.  No eligible or potentially eligible sites were identified during the survey efforts.  The Ohio Historic Preservation Office (OHPO) was provided a copy of the survey for review during the original permit evaluation in 1998.  In a letter dated 30 October 1998, the OHPO stated “none of the sites is eligible for inclusion in the National Register of Historic Places.  No further coordination with this office is necessary for this project unless there is a change in the scope of work.”  The scope of work has not changed for what was previously proposed and evaluated in 1998.  The Corps has determined the proposed project would have no effect on historic properties eligible or potentially eligible for inclusion on the National Register of Historic Places.  A copy of this public notice will be furnished to OHPO 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 endangered Indiana bat (Myotis sodalis), proposed endangered northern long-eared bat (Myotis septentrionalis), endangered Scioto madtom (Notorus trautmani), endangered clubshell mussel (Pleurobema clava), endangered northern riffleshell mussel (Epioblasma torulosa ranginana), threatened rabbitsfoot mussel (Quardrula cylindrical cylindrica), endangered rayed bean mussel (Villosa fabalis), and endangered snuffbox mussel (Epioblasma triquetra).  The proposed project would not directly impact any of the habitat types for the aforementioned mussels or the Scioto madtom.  As indicated above, the applicant would use best management practices and implement a storm water pollution prevention plan for the site.  We have determined the proposed project would have no effect on the aforementioned mussels. 

The majority (60%) of the approximate 44.4-acre property is forested.  The majority of the forested areas is located within the western portion of the site, along Hamilton Road.  The majority of the woodlot is comprised of healthy maple, pin oak, beech and black cherry trees that lack exfoliating bark, cracks, and crevices.  Approximately 30-40 trees in the woodlot are ash trees that have died due to the emerald ash borer and are providing roosting habitat.  No potential large, maternity roost trees are known to exist within the proposed project area.  The woodlot contains three forested wetlands and lies adjacent to an open water pond.  There are several old fencerows connecting the woodlot with the Rocky Fork stream corridor and a wetland located near the stream.  These fencerows could potentially serve as travel corridors between the woodlot to the west and Rocky Fork to the east.  The forested stream corridor along Rocky Fork is young and narrow.  The non-forested portions of the site are abandoned agricultural fields that have been unmaintained since the late 1990’s. 

In order to construct the proposed development, the applicant has indicated the forested areas would be cleared.  Due to the presence of suitable Indiana bat habitat and the connectivity of the site to larger forested areas and perennial streams, a mist net survey was conducted on the site.  No Indiana bats or northern long-eared bats were captured during the survey efforts.  We have determined the proposed project may affect, but would not likely adversely affect either the Indiana bat or the northern long-eared bat. 

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 assess 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 Teresa Spagna of the North Branch at teresa.d.spagna@usace.army.mil or at the following address:


                                                United States Army Corps of Engineers

                                                ATTN: CELRH-RD-N

                                                Public Notice No. LRH-1998-992-SCR

                                                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, are 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 Teresa Spagna of the North Branch at (304) 399-5210, by mail at the above address, or by email at: teresa.d.spagna@usace.army.mil.                                                         















multiple residential buildings, roadways and parking areas






No proposed activities






one building and an adjacent road






entry road, one residential building, and the central office