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LRH 2014-570-GMR

Published Dec. 10, 2014
Expiration date: 12/24/2014

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 residential development project.


APPLICANT:            M/I Homes of Cincinnati

                                    9349 Waterstone Boulevard, Suite 100                    

                                    Cincinnati, Ohio 45249

LOCATION:  The proposed project is located (Latitude: 39.4063 N, Longitude: -84.4254 W) within Gregory Creek, unnamed tributaries to Gregory Creek, and Stony Run north of 5850 Millikin Road , in Liberty Township, Butler County, Ohio.  A project location map is attached as Enclosure 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 a Department of the Army (DA) permit authorization for the proposed discharge of approximately 179 cubic yards of dredged and/or fill material into 230 linear feet of waters of the United States in conjunction with the construction of the M/I Homes –Turnbridge residential development.  The proposed project would include:


·       The installation of a four-sided box culvert and rock channel protection on the upstream and downstream ends of the box culvert within 200 linear feet (0.069-acre) of Stony Run (Stream 2);

·       The installation of an 8-inch sanitation line within 15 linear feet (0.01-acre) of Gregory Creek (Stream 1); and

·       The installation of a low-flow public access stream crossing within 15 linear feet (0.01-acre) of Gregory Creek. 


Fill material for temporary access would be removed upon project completion and the areas restored to pre-construction conditions and native vegetation would be established on all bare areas.   Refer to the enclosed construction drawings (Enclosure 2) for a depiction of the proposed activities.


The United States Army Corps of Engineers (Corps) is currently evaluating the proposed activities for a DA authorization under Nationwide Permits (NWP) No. 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 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:



The aforementioned Phase I investigation revealed the J.S. Elliot Residence (OHI site BUT0105113) as being historically significant and eligible for inclusion on the NRHP under Criterion (c) for its significant contribution that 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.   


In evaluating the applicant’s permit request, the Corps has determined the proposed undertaking would have an adverse effect to the J.S. Elliot Residence (OHI site BUT0105113). 


The applicant is currently exploring mitigation proposals to resolve the proposed adverse effect to historic properties associated with the construction of the proposed residential development.  The applicant proposes to:


  • leave the J.S. Elliot Residence and surrounding structures undisturbed on an approximately 7.98-acre parcel to preserve the historic property and its setting and to create a 350 foot buffer between the J.S. Elliot Residence and newly constructed homes;
  • place an  easement on the area north of the property in order to retain a significant wooded area to preserve the existing view;
  • institute a landscaping plan along the most affected area to limit the impacts to the existing view; and
  • create an approximately 45 acre park on the eastern portion of the site (Enclosure 3).


This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects to the J.S. Elliot Residence (OHI site BUT0105113).

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-2014-570-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 contact Mr. Andrew Wendt of my staff at 513-825-4518 or by email at andrew.j.wendt@usace.army.mil.