Search

LRH-2021-600

Huntington District
Published May 18, 2023
Expiration date: 7/17/2023

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 for the discharge of dredged and/or fill material into waters of the United States.  The Public Notice also provides an opportunity for the public to express their views on proposed adverse effects to historic properties associated with the proposed Bulen Pierce Road Project.

 

APPLICANT:           Terry Coyne

                                  Terry Coyne Properties, LLC

                                  1300 E. 9th Street, Suite 105

                                  Cleveland, Ohio 44114

 

LOCATION:  As depicted on the attached Sheet 1 of 2, the proposed project would be located north and south of the Bulen Pierce Road and Shepherd Road intersection, in Harrison Township, Pickaway County, Ohio (Latitude: 39.7875, Longitude: -82.9675).  The waters on-site flow to the Scioto River, a traditional navigable water of the United States.

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a DA authorization to permanently discharge dredged and/or fill material into approximately 6,236 linear feet of one (1) stream (AD 1) in conjunction with the Bulen Pierce Road Project, as depicted on the attached Site Plan (Sheet 1 of 2).  Terry Coyne Properties, LLC is proposing to construct a commercial warehouse development that would provide approximately 9.3 million square feet of warehouse space near Columbus, in proximity to intermodal transportation options.  The construction of stormwater basins, roadways, and the installation of utilities would also occur in conjunction with the proposed project.  Approximately, 6,236 linear feet of one (1) stream would be re-aligned along the east property boundary to allow space for the construction of the overall warehouse facility.  See the attached Grading Plan (Sheet 2 of 2) for a copy of the overall design.

ALTERNATIVES ANALYSIS:  As a result of the proposal, dredged and/or fill material would be discharged into waters of the United States as described above and in the attached Table 1.  The project does not require access or proximity to or siting within special aquatic sites to fulfill its basic purpose and is considered a non-water dependent activity.  No permit will be issued until our review of the alternative analysis clearly demonstrates that practicable upland alternatives are not available to achieve the overall 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 the impacts must be minimized.  A total of approximately 6,362 linear feet of one (1) stream is located on the approximate 671-acre site.  Avoidance and minimization efforts were incorporated into the proposal to reduce the footprint of the proposed commercial development project.  The applicant’s preferred development alternative design would involve the discharge of dredged and/or fill material into 6,236 linear feet of one (1) intermittent stream (98% of the on-site streams) in order to construct a commercial warehouse development.  The project has been designed to avoid 126 linear feet (2%) of the on-site streams (Reference attached Table 1). All disturbed areas would be seeded and/or revegetated with native plant species and native seed mixes after completion of construction activities.  After construction, any temporary fill material would be removed in its entirety and the affected areas returned to pre-construction elevations and revegetated, as appropriate. 

COMPENSATORY MITIGATION PLAN (CMP):  To compensate for the loss of 6,236 linear feet of one (1) intermittent stream, the applicant proposes to purchase credits from either an approved mitigation bank or In-Lieu Fee Program that is located within the designated service area of the project site.  After review of all the submitted information, the Corps will determine if the type and level of compensatory mitigation are adequate in the event a decision is made to issue a DA authorization.

WATER QUALITY CERTIFICATION:  The applicant must obtain a Section 401 Water Quality Certification (WQC) from the Ohio Environmental Protection Agency assuring that applicable laws and regulations pertaining to water quality are not violated.  A DA permit, if otherwise warranted, would not be issued on this project until the Section 401 WQC has been issued or waived and the Section 401(a)(2) process has been completed with the U.S. Environmental Protection Agency (USEPA).  The Reasonable Period of Time for the certifying authority (Ohio Environmental Protection Agency) to act on the Section 401 WQC will be 270 days from the date the Ohio Environmental Protection Agency receives a valid certification request (40 CFR § 121.5). A pre-filing meeting request must be submitted to the Ohio Environmental Protection Agency 30 days prior to submitting a certification request. The certification request must be submitted to the Corps and the Ohio Environmental Protection Agency concurrently.  A waiver may be explicit or will be deemed to occur if the Ohio Environmental Protection Agency fails or refuses to act on a request for certification within 270 days after receipt of a valid certification request.

HISTORIC AND CULTURAL RESOURCES:  The Corps is required 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 (SHPO) are provided the opportunity to comment as required by the NHPA, 36 CFR 800, and 33 CFR Part 325, Appendix C. 

A Phase I Resource Survey for the Bulen Pierce Road Site in Harrison Township, Pickaway County, Ohio (report), dated February 23, 2023, was prepared for the project site.  According to the report, the H. Peters Farm (PIC0016203), located outside of the project area, is an intact farm complex that is recommended as eligible for listing on the National Register of Historic Places (NRHP) under Criteria A and C.  H. Peters Farm (PIC0016203) is an example of an intact farm complex from the late-nineteenth century through the present.  The main house, built around 1876, is a representative example of the Italianate style, which was popular during the 1870’s and exhibits high-style features.  The farm complex retains late-nineteenth to early-twentieth century outbuildings, as well as agricultural outbuildings and structures. The collection of farm structures is an architectural representation of the evolution of farms practices in the area from the 1870’s through the present.  Additionally, the Granville M. Bulen House and Farm complex (14000028) is a listed property on the NRHP.  The listing includes 11 contributing buildings, two (2) contributing structures, and one (1) site representing the cultural landscape with associated minor historic features.

According to a letter dated March 30, 2023, the Ohio State Preservation Office (SHPO) determined that future development of the project area would have an adverse effect on H. Peters Farm (PIC0016203) and Granville M. Bulen House and Farm complex (14000028).  If impacts to these resources cannot be avoided, the Ohio SHPO recommends trying to resolve the adverse effects through mitigation and the execution of a Memorandum of Agreement (MOA) that is acceptable to all parties.

The applicant understands that mitigation would be required for the adverse effect and a MOA would be required and made part of any DA authorization for the proposed project.  The mitigation proposal is currently under development.  This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects to the Granville M. Bulen House and Farm complex (14000028) and the H. Peters Farm (PIC0016203).

THREATENED AND ENDANGERED SPECIES:  The proposed project is located within the known or historic range of the endangered Indiana bat (Myotis sodalis), the endangered northern long-eared bat (Myotis septentrionalis), the proposed endangered tricolored bat (Perimyotis subflavus), the endangered rayed bean mussel (Villosa fabalis), and the threatened round hickorynut mussel (Obovaria subrotunda).  The project site contains drainage features that lack suitable habitat for the rayed bean mussel.  A jurisdictional ditch, AD 1, flows to the Scioto River where suitable habitat could be found.  However, the Scioto River is approximately three (3) miles downstream of the proposed project.  The applicant would use best management practices to minimize erosion and sedimentation to avoid impacts to downstream aquatic species.  Thus, the Corps has determined that the proposed project would have no effect on the rayed bean mussel.  AD 1 has the potential to exhibit favorable habitat of the round hickorynut mussel. However, within the area, AD 1 is an intermittent stream that becomes dry throughout the year.  According to the National Hydrography Dataset (NHD) map layer, as AD 1 flows off-site, it begins to exhibit perennial flow.  It is possible the reach below the site exhibits favorable habitat; however, due to the use of best management practices, effects to the species would be minimized.  Thus, the Corps has determined that the proposed project may affect, but is not likely to adversely affect the round hickorynut mussel.  

The proposed project area could provide potential habitat for the Indiana bat, the northern long-eared bat, and the tricolored bat.  According to the submitted information, limited tree clearing would be necessary for the construction of the proposed project.  The applicant has agreed to conduct tree clearing operations associated with the proposed project between October 1 and March 31, as recommended by the United States Fish and Wildlife Service (USFWS), to minimize effects on the federally-protected bat species.  The Corps has determined the proposed project may affect, but is not likely adversely affect the Indiana bat, the tricolored bat, or the northern long-eared bat.  The applicant provided a technical assistance letter (Project Code: 2023-0066710) from the USFWS for reference with the application materials.  This Public Notice serves as a request for concurrence from the USFWS for the aforementioned effect determination 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).  No DA permit will be issued until the Corps has verified that all obligations under Section 7 of the Endangered Species Act have been fulfilled. 

PUBLIC INTEREST REVIEW AND CUMULATIVE EFFECTS:  This application will be reviewed in accordance with 33 CFR Parts 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 USEPA 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, 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 (1) of this Public Notice.  If no comments are received by that date, it will be considered that there are no objections.  Comments should be submitted electronically to Ms. Rachel King by email at rachel.a.king@usace.army.mil.  If you do not have internet access, comments may be submitted through the U.S. Postal Service (USPS) to the following address:

 

United States Army Corps of Engineers, Huntington District

ATTN:  CELRH-RDN Public Notice:  LRH-2021-600-SCR

502 Eighth Street

Huntington, West Virginia 25701-2070

 

Copies should only be provided through the USPS when electronic transmission is not possible.  Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to process and receive hard copy submissions.  To be considered in our evaluation, comments submitted through the USPS should have a postmark dated on, or prior to, the close of the comment period listed on page one (1) of this Public Notice.

Please note names, addresses, and comments submitted 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 Ms. Rachel King of the North Branch, at 304-399-6902, by mail at the above address, or by email at rachel.a.king@usace.army.mil.

 

Table 1. Proposed Discharges of Dredged and/or Fill material into Waters of the United States associated with the Bulen Pierce Road Project (LRH-2021-600-SCR)

Aquatic Resource ID

Latitude

Longitude

Type

Amount of aquatic resource in review area linear feet/acre

Amount of Impact linear feet/acre

Percent (%) Avoided

AD 1

39.789436

-82.962217

Intermittent

6,362 linear feet

6,236 linear feet

2%

Total

 

 

 

 

6,236 linear feet