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PLANNING SCHOOLS ENVIRONMENT EROSION
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Permission for Hunt Field to Cover Stream & Wetlands with a Storm Water Pond
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___________________________________________
Public Notice, Date: May 31, 2001
Closing Date: June 20, 2001
In reply refer to CELRP-OR-F No. 01-31 Application 200001456
richard.sobol@usace.army. mil
US Army Corps of Engineers, Pittsburgh District
1000 Liberty Avenue
Pittsburgh, PA 15222-4186
JOINT PUBLIC NOTICE
Sheet 1 shows where Hunt Field is
Sheet 2 shows storm water pond near Page Jackson School (colorized or black & white)
Sheet 4 shows height of pond seven feet above Old Route 340
(West Virginia wants comments by US mail)
(Corps of Engineers wants comments by US mail or EMAIL)
1. TO ALL WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army Permit under the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344)
2. APPLICANT: Greenvest, L.C.
8614 Westwood Center Drive, Suite 900
Vienna, VA 22182
3. LOCATION: along the bank of North Fork Bullskin Run and a tributary to Evitts Run, near Charles Town, Jefferson County, West Virginia
4. PURPOSE AND DESCRIPTION OF WORK: The applicant proposes to develop the Hunt Field Project, a residential development to be located between Old Route 340 and West Virginia Route 13, along the North Fork of Bullskin Run in Charles Town Township, Jefferson County, West Virginia. A regional storm water management pond would be constructed in the southeastern corner of the site. Approximately 130 linear feet of intermittent stream will be filled with 235 cubic yards of clean fill material to construct the dam embankment along Old Route 340. The pond will flood approximately 0.04 acre of emergent wetland, 0.11 acre of scrub/shrub wetland and 1,910 feet of intermittent stream. The pond will be approximately 2,500 feet long and will average 400 feet in width. The water elevations within the impoundment will range from zero (0) to twelve (12) feet in depth. To compensate for the loss of 2,040 feet of stream, riparian buffer plantings would placed along North Fork Bullskin Run. To compensate for wetland impacts, emergent wetlands (0.04 acre) would be mitigated at a ratio of 1:1 and scrub/shrub wetlands (0.11 acre) would be mitigated at a ratio of 1.5:1. Mitigated wetlands would include 0.04 acre of emergent marsh and 0.17 acre of scrub/shrub wetland for a total of 0.21 acre of mitigation wetlands. To provide the above mitigation requirements, wetland vegetation would be planted along the benches of the stormwater management pond. Drawings are attached to this notice.
5. WEST VIRGINIA CERTIFICATION: This permit decision will not be made until the State of West Virginia, Division of Environmental Protection (WVDEP), issues, denies, or waives State Certification. This public notice serves as application to the WVDEP for certification required by Section 401 of the Clean Water act:. The WVDEP will also consider whether or not the proposed activity will comply with sections 301, 302, 303, 306, 307 of the Clean Water Act or any other appropriate State laws. Any person wishing to comment, provide information, and/or request a public hearing concerning certification for this project should write to the:
West Virginia Division of Environmental Protection
Office of Water Resources
Environmental & Regulatory Affairs
1201 Greenbrier Street
Charleston, West Virginia 25311-1088
Telephone: 304-558-1052
Re: Public Notice CELRP-OR-F No. 01-31
6. IMPACT ON NATURAL RESOURCES: The District Engineer has consulted the most recently available information and has determined that the project is not likely to 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 U. S. 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).
7. IMPACT ON CULTURAL RESOURCES: The National Register of Historic Places has been consulted, and it has been determined that there are no properties currently listed on the register which would be directly affected by the proposed work. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archeological, scientific, prehistorical, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic Preservation act of 1966 - Public Law 89-665 as amended (including Public Law 96-515).
8. PUBLIC INVOLVEMENT: Any person may request, in writing, within the comment period specified in the paragraph below entitled "RESPONSES," that a public hearing be held to consider this application. The requests for public hearing shall state, with particularity, the reasons for holding a public hearing.
9. EVALUATION: Interested parties are invited to state any objections they may have to the proposed work. The decision whether to issue a permit will be based on an evaluation of the probable impact 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 proposals must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain 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. The Corps of Engineers 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. Any comments received will be considered by the Corps of Engineers 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 overall public interest of the proposed activity. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under the authority of Section 404(b) of the Clean Water Act (40 CFR Part 230)
10. RESPONSES: A permit will be granted unless its issuance is found to be contrary to the public interest. Written statements concerning the proposed activity should be received in this office on or before the closing date of this Public Notice in order to become a part of the record and to be considered in the final determination. Any objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested DA Permit. All responses to this notice should be directed to the Regulatory Branch, attn Richard Sobol, at the above address, by telephoning (412) 395-7153, or by e-mail at richard.sobol@usace.army. mil
Please refer to CELRP-OR-F 200001456 in all responses.
FOR THE DISTRICT ENGINEER:
Albert H. Rogalla
Chief, Regulatory Branch
