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LRC-2017-089

Posted: 12/15/2017

Expiration date: 1/15/2018



 

PUBLIC NOTICE

 

APPLICATION FOR PERMIT

U.S. Army Corps of Engineers

Chicago District

 

 

Public Notice/Application Number: LRC-2017-089

 

Comment Period BEGINS:  December 15, 2017

Comment Period Expires:  January 15, 2018

 

 

U.S. Army Corps of Engineers

                                            Illinois Environmental Protection Agency

 

Applicant 

Michael Stellino

Adar RidgePort Industrial Partners LLC

2875 NE 191st St, Suite 800

Aventura, Florida 33180

 

Proposed Action

Proposal to impact 9.24 acres of wetland and waterways to construct commercial buildings and related appurtenances including parking lots, internal roads, and parking lots, semi-tractor trailer docking facilities and stormwater detention facilities (See attached drawings). A detailed description of this proposal is provided on page 2 of this notice.

 

Location of Proposed Action 

The project is located south of Lorenzo Road and West of I-55 in Wilmington, Will County, Illinois (Section 16, Township 33 N, Range 9 E)

 

Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described herein and as shown on the attached drawings. You are invited to provide your comments by January 15, 2018 on the proposed work, which will become part of the record and will be considered in the decision.  A permit will be issued or denied under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344)

 

  

Written comments shall be mailed to:

 

U.S. Army Corps of Engineers

Chicago District, Regulatory Branch

Attn: LRC-2017-00089, Stasi Brown

231 South LaSalle Street, Suite 1500

Chicago, Illinois  60604-1437

 

It should be noted that ALL comments received by this office (via hard copy or electronic) will only be accepted with the full name and address, and email address, if available of the individual commenting, and must be received by the close of the public notice period.  Electronic comments may be sent to the project manager at stasi.f.brown@usace.army.mil.

 

Project Description

 

The applicant has stated the following project description: “The project includes the construction of eleven (11) commercial buildings proposed for the project area, including road improvements and stormwater management facilities.  The development phase, as a whole, is designed to meet the business needs of the client while complying with applicable regulations for stormwater management and other applicable regulations and is intended to function together as a single unit.

 

The location of the industrial park development allows access to major interstates without having to send trucks into the Chicagoland traffic.  In 2007 RidgePort finalized a deal with the BNSF Corporation to bring railroad access to the industrial park. A new rail spur and buildings with railroad access have been constructed. As the proposed development is a privately-funded venture, there is assumed a business need for the facilities that are proposed to be constructed.  For the need to be met efficiently and effectively, the specific location selected is the best to accommodate the facilities.  As mentioned, the local approvals are in place and the necessary infrastructure improvements are either already in place (constructed as part of earlier development phases) or have been carefully planned and already under consideration by the local community reviewers.”

 

Proposed fill: Proposed fill includes 9.24 acres of wetland including 9,560 linear feet of agricultural ditch which runs through the property.

 

Wetland 1 (Main Ag Ditch): 2.32 acres, total impact

Wetland 1A (Branch of Ag Ditch): 0.24 acres, total impact

Wetland 1B (Branch of Ag Ditch): 0.40 acres, total impact

Wetland 1C (Branch of Ag Ditch and Associated Emergent Wetland): 4.73 acres, total impact

Wetland 1D (Branch of Ag Ditch): 0.10 acres, total impact

Wetland 1E (Branch of Ag Ditch): 0.49 acres, total impact

Wetland 2 (Vegetated open water pond complex): 0.96 acres, partial impact (remaining wetland complex will still be a viable wetland system)

 

TOTAL: 9.24 Permanent Impacts

 

Avoidance & Minimization

The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: “The project does include the realignment of an agricultural and its branches. This feature will not be removed or filled in but, realigned and constructed with improvements to ensure that water quality and habitat for terrestrial and aquatic wildlife remains on the site. There are also impacts proposed to Wetland 2, but overall the wetland will remain functional and will be a protected feature of the final industrial complex.”

 

Mitigation

The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: “Compensatory mitigation is provided by the new stream profile and mitigation on site.”

 

The Corps has not verified the adequacy of this mitigation proposal at this time and will make the final determination on whether the proposed mitigation is appropriate and practicable in accordance with 33 CFR Part 332.

 

Regulatory Authority
This proposed action will be reviewed according to the provisions of Section 404 of the Clean Water Act of 1972.

 

Jurisdiction 

This application will be reviewed according to the provisions of Section 404 of the Clean Water Act of 1972 due to placement of fill within a Relatively Permanent Waterway and its tributaries on the project. This waterway has perennial flow and defined bed and banks. Wetland 2 is also jurisdictional because it has a hydrologic connection to the agricultural ditch onsite

 

Evaluation Factors

The decision whether to issue a permit will be based on an evaluation of 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 proposal 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, 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.  In addition, if the proposed activity involves the discharge of dredged or fill material into waters of the United States, the evaluation of the impact on the public interest will include application of Section 404(b)(1) guidelines (40 CFR 230) promulgated by the U.S. Environmental Protection Agency.

   

The Corps of Engineers is also soliciting comments from the public, Federal, state and local agencies, Indian tribes, and other interested parties in order to consider and evaluate the potential impacts of the proposed activity.  Once this office completes a review of the comments received, it will be determined whether to issue, modify, condition, or deny a permit for this proposal.

 

To prepare this decision, comments are taken into consideration to assess impacts on the public interest factors listed above, as well as endangered species, historic properties, water quality, and general environmental effects.  Comments will be used in the preparation of an Environmental Assessment and/or Environmental Impact Statement pursuant to the National Environmental Policy Act.  A determination concerning the need for a public hearing will also be based on the comments received.

 

Preliminary Evaluation of Selected Factors

 

Water Quality:

The applicant has applied to the Illinois Environmental Protection Agency (IEPA) for water quality certification, or waiver thereof, for the proposed activity in accordance with Section 401 of the Clean Water Act.  Certification or waiver indicates that the IEPA believes the activity will not violate applicable water quality standards.  The review by the IEPA is conducted in accordance with the Illinois water quality standards under 35 Illinois Administrative Code Subtitle C by providing an antidegradation assessment, which includes an evaluation of alternatives to any proposed increase in pollutant loading that may result from this activity.

 

The "Fact Sheet" containing the antidegradation assessment for this proposed project may be found on the IEPA's web site, at www.epa.state.il.us/public-notices/.  In the event that the IEPA is unable to publish the "Fact Sheet" corresponding to the timeframe of this Joint Public Notice, a separate public notice and "Fact Sheet" will be published by the IEPA at the web site identified above.  You may also obtain a copy of the "Fact Sheet" by contacting the IEPA at the address or telephone number shown below.

 

Written comments concerning possible impacts to water quality should be addressed to the following agency, along with a copy of the comments provided to the Corps of Engineers:

 

Illinois Environmental Protection Agency

Bureau of Water

Watershed Management Section

1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois  62794-9276

 

If you have any questions please contact the IEPA at (217) 782-3362.

 

 

Department of Natural Resources:

The applicant may have to submit an application to the Illinois Department of Natural Resources, Office of Water Resources (IDNR-OWR) for a permit pursuant to the State of Illinois Rivers, Lakes and Streams Act (615 ILCS 5).  Comments concerning the IDNR-OWR permit should be addressed to the following agency, along with a copy of the comments provided to the Corps of Engineers:

 Illinois Department of Natural Resources

Office of Water Resources

2050 West Stearns Road

Bartlett, Illinois  60103

 

If you have any questions please contact the IDNR at (847) 608-3116.

 

Endangered and Threatened Species:

The Corps of Engineers has determined that the proposed activity may not affect any federally-listed endangered or threatened species or critical habitat for any endangered or threatened species, pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).  Therefore, consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act does not appear to be warranted at this time.

 

Historic Properties/Cultural Resources:

Preliminary review indicates that the proposed activity is not likely to adversely affect any historic property which is listed, or eligible for listing, on the National Register of Historic Places. The project is currently being reviewed by the Illinois Historic Preservation Agency.

 

Environmental Impact Statement  

A preliminary determination has been made that an environmental impact statement is not required for the proposed work.

 

Public Hearing

Any person may request in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.  Requests for public hearing shall state with particularity the reasons for holding a public hearing.  A request for a hearing may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served.

 

It should be noted that materials submitted as part of the permit application become part of the public record and are thus available to the general public under the procedures of the Freedom of Information Act (FOIA).  Individuals may submit a written request to obtain materials under FOIA or make an appointment to view the project file at the Chicago District Corps of Engineers Office of Counsel.

 

 

 

Interested parties wishing to comment on the proposed activity must do so in writing no later than January 15, 2018.  It is presumed that all parties receiving this notice will wish to respond to this public notice;  therefore, a lack of response will be interpreted as meaning that there is no objection to the project as described.

 

This public notice is not a paid advertisement and is for public information only.  Issuance of this notice does not imply Corps of Engineers endorsement of the project as described.

 

If you have any questions, please contact Stasi Brown of my staff by telephone at (312) 846-5544, or email at stasi.f.brown@usace.army.mil.  It should be noted that ALL comments received by this office (via hard copy or electronic) will only be accepted with the full name and address of the individual commenting.  You can also visit our website at http://www.lrc.usace.army.mil/Missions/Regulatory.aspx for more information on our program.

 

 

FOR THE DISTRICT COMMANDER:

 

                                                                                 Original Signed

 

 

Keith L. Wozniak

Chief, Regulatory Branch

 

 

NOTICE TO POSTMASTERS:

 

It is requested that this notice be conspicuously and continuously posted until January 15, 2018.

 

 

Mailing List

To receive Regulatory Public Notice emails, please specify for Illinois or Indiana, and Contact: lrcregweb@usace.army.mil

Commenting on Public Notices

To comment on a public notice, please make sure that you send it directly to the project manager whose contact information is listed within the notice (either via paper mail or electornic mail).  You must also include your full name and address, as well as the project number.  Please include your email address if you have one.  Thank you.