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LRC-2022-092

CELRC-ORR
Published Nov. 28, 2022
Expiration date: 1/28/2023
 

PUBLIC NOTICE

 

APPLICATION FOR PERMIT

 

U.S. Army Corps of Engineers

Chicago District

 

Public Notice/Application Number: LRC-2022-00092

Comment Period BEGINS:  November 29, 2022

Comment Period Expires:  December 29, 2022

 

 

U.S. Army Corps of Engineers

 

 

Applicant 

Joe Galvin

Stoneridge Legacy Partners LLC

2475 Tall Oaks Drive

Elgin, Illinois 60123

 

Proposed Action

Proposal to fill wetlands as part of the proposed Carpentersville Logistics Park.  A detailed description of this proposal is provided on page 2 of this notice.

 

Location of Proposed Action 

Project is located south of Binnie Road and east of Randall Road in Carpentersville, Kane County, Illinois (Quarter of Section 17, Township 42 N, Range 8 E Latitude 42.11283°N, Longitude -88.33275°W).

 

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 December 29, 2022 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 Action 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-2022-00092, Patrick VerHalen

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 patrick.j.verhalen@usace.army.mil.

 

Project Description

The application is proposing to discharge fill materials into 4.45 acres of regulated Waters of the U.S. (WOUS), including waters and drainage ways by constructing parking lots, industrial warehouses, stormwater management features, and additional infrastructure required for the development of the site. 

 

The proposed project is to construct a logistics park facility in northern Kane County with access to the Randall Road corridor and the Jane Addams Tollway (I-90). The construction of three buildings totaling 1,181,760 square feet.  The purpose of the project is to bring increased revenue and employment to the area.

 

The existing wetlands that are to be impacted are wetlands that have developed since the abandonment of the historic Galvin Farm Estate and not entirely in areas originally mapped as hydric soils by the Natural Resource Conservation Service (NRCS). 

 

Delineated Waters of the U.S.

Wetlands and Waters of the U.S. (WOUS) were delineated by Hey and Associates.  Six (6) wetlands and two (2) farmed wetlands were identified within the project area.  On March 10, 2022, the Chicago District of the U.S. Army Corps of Engineers (USACE) indicated that the Wetland 1, Wetland 2, Wetland 5, Farmed Wetland 1, and Farmed Wetland 2 are under federal jurisdiction.  Wetland 3, Wetland 4, and Wetland 6 were determined to be isolated and therefore not subject to Federal regulation.

 

 

Proposed Impacts

The proposed project would result in direct impacts by placing fill in the regulated resources listed in the table below:

Resource

Type

On-Site Size (ac)

FQI/Native Mean C

High Quality Aquatic Resource

Temp Impacts (ac)

Permanent Impacts (ac)

Reason

Wetland 2

Wooded/Scrub shrub/Drainage Way

2.38

13.42/2.54

No

0.00

1.80

Permanent fill for construction of buildings, parking lot, and stormwater basin

Wetland 5

Wet Meadow/ Scrub shrub

2.80

11.16/2.15

No

0.00

2.65

Permanent fill for construction of buildings, parking lot, and stormwater basin

Total

 

 

 

 

0

4.45

 

 

The remaining portion of Wetland 2 will be considered viable due to their size and connection to other waterbodies.  The remaining portion of Wetland 5 may be viable due to the proximity to other waterbodies but is disconnected from them.

 

Indirect impacts would consist in an increase in impervious surface by nearly 65 acres of paved surfaces and buildings for an overall increase in impervious area to 72% from existing conditions of 0%.  A stormwater detention basin will provide some filtration of the runoff from the proposed impervious areas.  Additionally, erosion and sediment control would be instituted during the construction phase in accordance with the Illinois Urban Manual, Kane County Stormwater Management Ordinance, and Kane-DuPage Soil and Water Conservation District.

 

Avoidance & Minimization

The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: “Impacts have been minimized by avoiding impacts to the higher quality wetlands on the project site.  The wetlands to be impacted are associated with an historic oval racetrack on the property and are not entirely within areas mapped as hydric soils, suggesting they are man-made.” 

 

Mitigation

The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: “Impacts to jurisdictional wetlands will be mitigated at an approved wetland mitigation bank within Kane County.”

 

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 in Waters of U.S.

 

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 will be required to apply 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.  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.

 

Once the IEPA has completed their review, the "Fact Sheet" containing the antidegradation assessment for this proposed project may be found on the IEPA's web site, at https://www2.illinois.gov/epa/public-notices/Pages/section-401-notices.aspx.  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.

 

Endangered and Threatened Species:

The Corps of Engineers has determined that the proposed activity would 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:

Review of a previously prepared Phase I Archaeological Survey 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.

 

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 December 29, 2022.  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 Patrick VerHalen of my staff by telephone at (312) 846-5545, or email at patrick.j.verhalen@usace.army.milIt 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.