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LRH-2015-491-MUS

Published March 8, 2016
Expiration date: 4/7/2016

TO WHOM IT MAY CONCERN:  The following application has been submitted for a Department of the Army Permit (DA) 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:           HOF Village, LLC

                                    Lee Burger

                                    4020 Kinross Lakes Parkway, Suite 200

                                    Richfield, Ohio 44286

 

LOCATION:  As depicted on the attached Figure 1: Site Location Map (Sheet 1 of 4), the proposed project would be located in an unnamed tributary to the West Branch of Nimishellen Creek and its adjacent wetlands located south of 17th Street Northwest and east of Clarendon Avenue Northwest in the City of Canton, Stark County, Ohio (40.81622° N, -81.40052° W).    

 

PROJECT HISTORY:  A “Waters of the United States” delineation for the 5.68 acre parcel was verified by the Corps via a letter dated September 21, 2015.  Table 1 attached to this notice lists the jurisdictional status of the identified aquatic resources.

 

DESCRIPTION OF PROPOSED WORK:  The applicant proposes to discharge approximately 16,685 cubic yards of dredged and fill material into 2.074 acres of wetlands, 0.175 acre of an open water pond, and 640 linear feet of an intermittent stream in order to construct a 25-acre sports complex, known as the Youth Field Sports Complex, a Pro Football Hall of Fame Village project. The proposed development would include nine youth fields, multiple grandstands and concession/restroom facilities, and a parking area. Plans of the work are attached to this notice (Sheets 1-3).

 

ALTERNATIVE ANALYSIS:  A total of 2.074 acres of wetlands, 0.17 acre of an open water pond and 640 linear feet of an intermittent stream would be impacted by the discharge of dredged and/or fill material as a result of proposed 25-acre sports development.  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 in special aquatic sites, practicable alternatives that do not involve wetlands are presumed to be available, unless clearly demonstrated otherwise.  The applicant is required to provide an alternative analysis that must overcome that presumption prior to receiving authorization for the discharge of dredged and/or fill material into the wetlands.  The applicant has submitted the required alternatives analysis.  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 review of the alternatives analysis clearly shows that upland alternatives are not available to achieve the project purpose. 

 

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 impacts must be minimized.  The project area is an expansion of the existing Hall of Fame Village. Therefore, due to the restricted property for the expansion activities, the discharge of dredged and/or fill material into the on-site waters could not be avoided. The applicant would be required to obtain stormwater permits and to implement stormwater protection plans as needed for site construction following the requirements of the National Pollutant Discharge Elimination System (NPDES) program.  Based on the application, the applicant has applied for the required NPDES permit from the OEPA.

 

COMPENSATORY MITIGATION PLAN:  The applicant has submitted a conceptual mitigation plan to compensate for the proposed loss of waters of the United States.  The applicant proposes to perform stream restoration, wetland establishment and wetland enhancement activities. The proposed stream restoration work would be conducted on 960 linear feet of an intermittent stream (referred to as Canton Waterworks Raceway) within the Stadium Park, which is located east of Interstate 77 and south of Fulton Road. The applicant proposes to create 5.2 acres of forested wetlands within the Avondale Arboretum. To mitigate for impacts to the open water pond, the applicant proposes to enhance approximately 1.2 acres of low-quality emergent wetlands. A final mitigation plan, once it has been submitted, will be available for review. 

 

WATER QUALITY CERTIFICATION:  A Section 401 Water Quality Certification is required for this project.  It is the applicant’s responsibility to obtain certification from the OEPA.  Based on the DA application, the applicant has applied for the required Section 401 Water Quality Certification from the OEPA. 

 

HISTORIC AND CULTURAL RESOURCES:  The National Register of Historic Places (NRHP) has been consulted and it has been determined there are no properties currently listed on

the NRHP which would be indirectly or directly affected by the proposed work.  The proposed project would have no effect on historic properties listed on, eligible or potentially eligible for inclusion on the NRHP.  A copy of this public notice will be furnished to Ohio State Historic Preservation Office for their review.  Comments concerning archaeological sensitivity of the project area should be based on collected data.

 

THREATENED AND ENDANGERED SPECIES:  The project is located within the known or historic range of the following federally-protected species:  endangered Indiana bat (Myotis sodalis) and threatened northern long-eared bat (Myotis septentrionalis).  The Corps has consulted the most recently available information, and based on the proposed implementation of the seasonal tree clearing restrictions, the project may affect, but is not likely to adversely affect either the Indiana bat or the northern long-eared bat.  Based on this information, the proposed project is not likely to adversely affect the continued existence of any endangered species or threatened species, or result in the destruction or adverse modification of habitat of such species which has been determined to be critical.  This Public Notice serves as a request to the United States Fish and Wildlife Service 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 protection and utilization of important resources.  The benefit which 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, Federal, state and local agencies and officials, 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:

 

                                                            United States Army Corps of Engineers

                                                            ATTN:  CELRH-RD-N

Public Notice No. 2015-491-MUS-Unnamed Tributary of West Branch Nimishellen Creek

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 Ms. Crystal D. Chambers of the North Branch at 304-399-5210.

 

Pro Football Hall of Fame Youth Sports Field Complex Aquatic Resource Chart

 

Aquatic Resource

Stream

Wetland

Impact

 

Flow Class

 

Cowardin Class

 

Purpose of Discharge

 

Stream Impact

 

Wetland Impact

 

Type/Composition of Fill

Material

 

Quantity of Material Being

Discharged

 

Wetland A

 

N/A

 

PFO

 

Athletic Field

 

NA

 

1.18 ac

 

Clean Fill

 

11625 CY

 

Wetland B

 

N/A

 

PFO

 

Athletic Field

 

N/A

 

0.89 ac

 

Clean Fill and Captured in Underground Detention System

 

1650 CY

 

Stream 1

 

Intermittent

 

N/A

 

Athletic Field

 

640 lf

 

N/A ac

 

Captured Fill and Underground Detention System and Clean Fill

 

3300 CY

 

Open Water 1

 

N/A

 

PUB

Athletic Field

 

N/A

 

0.175 ac

 

Clean Fill

 

110 CY