PN17-09 (Goodman Logistics Center Newberry) 2016-00939 - York Co.

Published Feb. 15, 2017
Expiration date: 3/15/2017

                                                                      Public Notice

U.S. Army Corps             In Reply to Application Number

of Engineers                   CENAB-OPR-P-2016-00939-P24 (Goodman Logistics Center Newberry)

Baltimore District                     

PN-17-09                         Comment Period:  February 13, 2017 to March 15, 2017




This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:


APPLICANT:  Mr. Troy Briggs

                        Goodman North American Partnership Holdings, LLC

                        1275 Glenlivent Drive, Suite 100

                        Allentown, Pennsylvania 18106



Fishing Creek located in Newberry Township, York County, Pennsylvania, near exit 35 off 83 south.



The project purpose is to construct an economically viable warehouse distributions center within the South Central Pennsylvania region.



At the present time the site is vacant. The property is a combination of wooded and farmland with variable topography consisting of low rolling hills. There are identified wetlands on the property along with the floodplain associated with Fishing Creek. The project will entail the construction of two new warehouse/distribution centers and associated administrative offices. These buildings will total approximately 1.8 million square feet of gross flooring area. Other projects included with the development of the site include: driveways, truck courts, employee parking areas, trailer storage areas, site utilities, landscaping amenities, a stormwater collections and conveyance system, and other related site improvements.


Impacts Summary


Goodman North American Partnership Holdings, LLC is proposing a total wetland and watercourse impact area of 1.20 acres, comprised of 0.961 acre (41,870 square feet) of regulated wetlands and 0.240 acre (10,454 square feet) of regulated watercourses. 







Wetland Impacts Summary


In terms of regulated wetlands, the project would involve the filling of Wetlands B, F, I, J and SS totaling 0.947 acre (41,251 square feet), or 30.1% of the total existing regulated wetlands located on the property for the purpose of placement of the proposed buildings and parking lots. Existing Wetlands A, E, N, P, R, and U will remain undisturbed. The total impact area is comprised of 10,787 square feet of Palustrine Scrub Shrub (PSS) wetlands and 29,315 square feet of PEM wetlands.


Watercourse Impacts Summary


In terms of regulated watercourses, 10,452 square feet of watercourse area and 1,568 linear feet of existing regulated watercourse, would be impacted through culverting of the watercourse(s) to allow for the proposed buildings, parking lots, and road crossings.




Prior to beginning the mitigation design process, a preliminary functional evaluation and impact assessment was performed to determine the baseline impacts of the initial site design. As the first step in mitigation planning, the applicant reiterated the project purpose and outlined as a primary mitigation goal their desire to avoid and minimize the impact on regulated waters, particularly keeping cumulative impacts to a minimum, while maintaining acceptable marketability so the project can achieve its basic purpose.


Mitigation planning was incorporated into the analysis of alternatives for site design, with the detailed description of the evaluation and changes presented in the Alternatives Analysis.  In total, the applicant’s efforts from the Alternatives Analysis stated that they reduced impacts to wetlands by more than 0.70 acre which resulted in an avoidance of an estimated 0.25 acre. 2.77 acres of existing wetlands located on the property would not be impacted by the current site design.




Based on the information provided by the applicant, the applicant evaluated further reduction of size, density and configuration of the project beyond that detailed, but the basic project purpose could not be achieved by alternate designs on the current site.  According to the applicant, the proposed project has been designed to avoid or minimize the impacts to regulated watercourses and wetlands to the maximum extent feasible considering construction cost, logistics, existing technology and avoiding other existing site constraints.  According to the applicant, there are no properties presently owned by the applicant or which could be reasonably obtained, utilized or expanded in the market area to achieve the basic project purpose or lessen environmental impacts.







All proposed work would be completed in accordance with the enclosed plan(s) (Enclosure).  If you have any questions concerning this matter, please contact Ms. Brittany Seguin, (814) 235-1765.


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 protection and utilization of important resources.  The benefit, which reasonable 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, economic, aesthetics, general environmental concerns, wetlands, cultural values, 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, and consideration 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 provided will become part of the public record for this action.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.  Written comments concerning the work described above related to the factors listed above or other pertinent factors must be received by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, Ms. Brittany Seguin, 1631 South Atherton Street, Suite 101, State College, Pennsylvania 16801, within the comment period specified above.

ESSENTIAL FISH HABITAT:  The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 04-267), requires all federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat.  The Corps has determined this project will not affect any Essential Fish Habitat.

WATER QUALITY CERTIFICATION:  The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from the Pennsylvania Department of Environmental Protection.  The Section 401 certifying agency has a statutory limit of one year from the date of this public notice to make its decision.







COASTAL ZONE MANAGEMENT PROGRAMS:  Where applicable, the applicant has certified in this application that the proposed activity complies with and will be conducted in a manner consistent with the approved Coastal Zone Management Program.  By this public notice, we are requesting the ttate concurrence or objection to the applicant’s consistency statement.  It should be noted that the Coastal Zone Management Program has a statutory limit of six months to make its consistency determination.


The applicant must obtain any state or local government permits which may be required.


A preliminary review of this application indicates that the proposed work will not affect federal listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended.  As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.


Review of the latest published version of the National Register of Historic Places indicates that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work.  Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the request permit.


The evaluation of the impact of this project on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act. 


Any person who has an interest which may be adversely affected by the issuance of this permit may request a public hearing.  The request, which must be in writing, must be received by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, Ms. Brittany Seguin, 1631 South Atherton Street, Suite 101, State College, Pennsylvania 16801, within the comment period as specified above to receive consideration.  Also it must clearly set forth the interest which may be adversely affected by this activity and the manner in which the interest may be adversely affected.

It is requested that you communicate this information concerning the proposed work to any persons known by you to be interested and not being known to this office, who did not receive a copy of this notice.






                                                                        Wade B. Chandler

                                                                        Chief, Pennsylvania Section