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LRH-2016-834-SCR

Posted: 6/26/2018

Expiration date: 7/25/2018


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. Mark Kelby

                                Columbus Regional Airport Authority

                                4600 international Gateway

                                Columbus, Ohio 43219

 

LOCATION:  As depicted on the attached Sheet 1 of 3, the proposed project would be located within the watershed of the Scioto River (Latitude 39.789546N, Longitude 82.927156W), along Airbase Road, in Columbus, Madison Township, Pickaway County, Ohio.  The waters on site flow into an unnamed tributary to Walnut Creek, which is an indirect tributary of the Scioto River, a traditional navigable water of the United States.     

 

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to discharge dredged and/or fill material into approximately 1.48 acres of six (6) wetlands, 4,106 linear feet of two (2) streams, and 0.27 acre of one (1) open water feature in conjunction with the proposed construction of a commercial development site (see attached Table 1 and Sheet 2 of 3). The overall development would include the development of four (4) bulk distribution warehouses consisting of approximately 3,037,500 square feet, associated parking/roadways, storm water management systems, and utilities. Plans (Sheets 1-3) for the proposed project are attached to this notice.

 

ALTERNATIVES ANALYSIS:  A total of approximately 1.48 acres of six (6) wetlands (Wetlands 3, 6, 8, 9, 10, and 11), 4,106 linear feet of two (2) streams (Streams 1 and 2), and 0.27 acre of one (1) pond (Pond 5) 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 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 dredge and/or fill material. The applicant has submitted an 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 3,108 linear feet of one (1) perennial stream, 998 linear feet of one (1) ephemeral stream, 2,750 linear feet of one (1) ephemeral ditch, 0.27 acre of one (1) pond, 1.36 acres of two (2) forested wetlands, and 0.12 acre of four (4) emergent wetlands are located within the proposed project area.  The applicant has proposed to avoid 2,750 linear feet of one (1) ephemeral ditch on site. 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.  Stormwater management and erosion control systems would be implemented during construction, including silt fences, mulch and/or earthen berms, temporary seeding, hay bales, inlet protection, temporary collection basins, diversion ditches, and construction entrances. 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:  To compensate for the loss of waters of the United States associated with the proposed project, the applicant proposes to purchase 4.1 acres of wetland mitigation credits and 6,159 stream credits from the Ohio Stream & Wetlands Foundation In-Lieu Fee Program.

 

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. 

 

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 that would be indirectly or directly affected by the proposed work.  The majority of the project area has been previously disturbed by grading activities for the construction of the former Rickenbacker Golf Course and club house. The entire site is surrounded by active agriculture fields and single family residential developments. The Rickenbacker Airport is located approximately one (1) mile northwest of the project site. A review of the Ohio State Historic Preservation Office files indicates a portion of the northeast site had been previously surveyed. Three (3) archaeological sites are documented within the project area. No Ohio Historic Inventory properties are located within, adjacent to or within the viewshed of the project area. The Corps has determined the proposed project would have no effect on any historic properties 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 proposed project is located within the known or historic range of the endangered Indiana bat (Myotis sodalis), the threatened northern long-eared bat (Myotis septentrionalis), endangered Scioto madtom (Noturus trautmani), endangered clubshell mussel (Pleurobema clava), endangered northern rifflshell mussel (Epioblasma torulosa rangiana),  threatened rabbitsfoot mussel (Quadrula cylindrical cylindrical), endangered rayed bean mussel (Villosa fabalis), endangered snuffbox mussel (Epioblasma triquetra), and endangered running buffalo clover (Trifolium stonloniferum). The project site consists of approximately 200 acres and is comprised of the former Rickenbacker Golf Club property, with portions of mature trees and shrubs containing a total of 1.48 acres of wetlands, 4,106 linear feet of streams, and 0.27 acre of open water. The area could provide potential habitat for the Indiana bat, and the northern long-eared bat. The area would be cleared and graded by the applicant to facilitate the construction of the proposed project.  The applicant has agreed to conduct tree clearing operations prior to April 1 and after September 30, as recommended by the United States Fish and Wildlife Service (USFWS), to minimize effects on the Indiana bat and the northern long-eared bat. We have determined the proposed project may affect, but it would not likely adversely affect either the Indiana bat or the northern long-eared bat. The area does not provide suitable habitat for the above mentioned mussel species or the running buffalo clover. Due to the project type, location, and the implementation of best management practices we have determined the proposed project would have no effect to these species. This Public Notice serves as a request for concurrence from the USFWS 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:

 

                                                United States Army Corps of Engineers

                                                ATTN: CELRH-RD-N

                                                Public Notice No. LRH-2016-834-SCR

                                                502 Eighth Street

                                                Huntington, West Virginia 25701.

 

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, may be 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 Cecil Cox of the North Branch at (304) 399-5210, by mail at the above address, or by email at: cecil.m.cox@usace.army.mil.

 

                                                                                   
           

                                   

Table 1. Proposed Loss of Waters of the United States as a result of the Discharge of Dredged and/or Fill Material Associated with the Columbus Regional Airport Authority development site.

Aquatic Resource ID

Aquatic Resource Type

Wetland Impact (Acres)

Stream Impact (Linear Feet)

Open Water Impact (Acres)

Wetland 10

Emergent Wetland

0.013 acre

 

 

Wetland 11

Emergent Wetland

0.06 acre

 

 

Wetland 3

Emergent Wetland

0.03 acre

 

 

Wetland 9

Emergent Wetland

0.02 acre

 

 

Wetland 8

Emergent Wetland

0.63 acre

 

 

Wetland 6

Forested Wetland

0.73 acre

 

 

Stream 1

Perennial Stream

 

3,108 linear feet

 

Stream 2

Ephemeral Stream

 

998 linear feet

 

Pond 5

Open Water Feature

 

 

0.27 acre

Total

 

1.48 acres

4, 106 linear feet

0.27 acre

 

                                                                                                                                                                

LRH 2016 834 SCR Walnut Creek