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LRH 2013-1026-TUS

Published Nov. 24, 2014
Expiration date: 12/8/2014

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 wetland’s improvement project.

 

APPLICANT:            City of Akron

                                    166 South High Street                                   

                                    Akron, Ohio 44308

LOCATION:  The proposed project is located near the southeast corner of the intersection of West Wilbeth Road and the Ohio and Erie Canal in the City of Akron, Summit County, Ohio (latitude 41.03797, longitude -81.53627).  A project location map is attached as Sheet 1 of 9.

 

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

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 conjunction with the following activities:

 

·       Access and abandonment of two (2) existing well structures (Wells #1 and #4); and,

·       The access and removal of one (1) outfall raceway structure.

 

The access of Well #1 would result in the temporary discharge of approximately 350 cubic yards of aggregate into 0.096 acre of Wetland A1, a Category 2, palustrine emergent (PEM) wetland. In addition, the abandonment of Well #1 would result in the permanent discharge of approximately 86 cubic yards of aggregate and Portland cement grout and 1.5 cubic yards of clean earthen material into 0.00022 acre of Wetland A1. Upon completion of construction, the fill material associated with the temporary access of Well #1 would be completely removed and transported to an upland location, and the 0.096 acre of Wetland A1 would be restored to pre-construction contours.

 

The access of Well #4 would result in the temporary discharge of approximately 225 cubic yards of aggregate into 0.056 acre of the palustrine scrub-shrub (PSS) portion of Wetland C1, a Category 2 wetland. In addition, the abandonment of Well #4 would result in the permanent discharge of approximately 86 cubic yards of aggregate and Portland cement grout and 1.5 cubic yards of clean earthen material into 0.00022 acre of Wetland C1. Upon completion of construction, the fill material associated with the temporary access of Well #4 would be completely removed and transported to an upland location, and the 0.056 acre of Wetland C1 would be restored to pre-construction contours.

 

The access and removal of the Raceway structure would result in the temporary discharge of approximately 516 cubic yards of aggregate into 0.131 acre of the PEM (0.077 acre) and palustrine forested (PFO) (0.054 acre) portions of Wetland E, a Category 2 wetland. Upon completion of construction, the fill material associated with the temporary access would be completely removed and transported to an upland location, and the 0.131 acre of Wetland E would be restored to pre-construction contours.

 

Refer to the enclosed construction drawings for a depiction of the proposed activities (Sheets 2-9). Please be aware the pre-construction notification for the Forebay #1 component of the proposed Wilbeth Wetlands Improvement Project was withdrawn by the applicant on August 14, 2014.

 

The United States Army Corps of Engineers (Corps) is currently evaluating the proposed activities for authorization under Nationwide Permits (NWP) Nos. 3, 27 and 33 (Maintenance, Aquatic Habitat Restoration, Establishment, and Enhancement Activities, and Temporary Construction, Access, and Dewatering, respectively).  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 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 (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 are provided an opportunity to comment as required by the NHPA, 36 CFR 800, and 33 CFR 325, Appendix C. 

 

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

 

A review of the aforementioned data revealed the well heads to be removed are part of a six (6) well industrial water supply collective site known as the Firestone Tire and Rubber Company wells (OHI site SUM-03689-17), and this historic property has been determined to be eligible for inclusion on the NRHP under criterion (a) for its significant contribution to the broad patterns of our history.  In evaluating the applicant’s permit request, the Corps has determined the proposed undertaking would have an adverse effect to the OHI site SUM-03689-17. 

 

The applicant is currently exploring mitigation proposals to resolve the adverse effect to historic properties associated with the proposed undertaking including the option of installing an interpretive panel along the Ohio and Erie Canal Towpath for educational purposes.  This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects to the OHI site SUM-03689-17.

 

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-2013-1026-TUS

                        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 Mr. Cory Wilson of my staff at 330-364-6177.