PN-23-07 NAB-2021-61204-M49 (DRI TCC Elkton I, LLC/Logistics Center at Southfield - Bldg 2 & 3/Warehouse, SWM Pond)

                    Public Notice
U.S. Army Corps         In Reply to Application Number
of Engineers               NAB-2021-61204-M49 (DRI TCC Elkton I, LLC/Logistics
                                       Center at Southfields - Bldg 2 & 3/Warehouse, SWM Pond)
Baltimore District
PN-23-07                     Comment Period: March 2, 2023 to April 1, 2023
 
THE PURPOSE OF THIS PUBLIC NOTICE IS TO INFORM INTERESTED PARTIES OF THE PROPOSED ACTIVITY AND TO SOLICIT COMMENTS. NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME.

This District has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 USC 1344), as described below:

APPLICANT:
                                   Mr. Tom Rathburn
                                   DRI/TCC Elkton I, LLC
                                  1055 Thomas Jefferson Street NW, Suite 600
                                  Washington, D.C. 20007

WATERWAY AND LOCATION OF THE PROPOSED WORK:

The proposed warehouse development and associated infrastructure are located in wetlands and an unnamed tributary to Perch Creek, north of Frenchtown Road, south of Pulaski Highway (US Route 40), and west of Maloney Road in Elkton, Cecil County, Maryland. (39.590225, -75.803612). Mitigation for wetland impacts associated with the warehouse development will be satisfied by creation of new forested and emergent nontidal wetlands at three on-site locations.

OVERALL PROJECT PURPOSE:

The purpose of the project is to construct a two-building commercial warehouse distribution center at a central location along the Interstate 95 corridor in Cecil County to organize, store, and distribute products from the Port of Baltimore and Port of Philadelphia throughout the Mid-Atlantic region.

PROJECT DESCRIPTION:

The project proposes construction of the Logistics Center at Southfields of Elkton commercial warehouse facility, in accordance with the attached plans. The facility will include two warehouse distribution centers, referred to as ‘Building 2’ and ‘Building 3’ which will encompass 1,096,200 square feet and 924,000 square feet, respectively. The project will construct the necessary attendant infrastructure associated with the warehouses, including parking and trailer storage, utility lines, stormwater management facilities, and staging & stockpiling areas. The project will extend Commerce Center Drive, an existing road servicing the Elkton Commerce Center warehouse, to the south to provide a single point of commercial vehicle ingress and egress to the proposed facility. The access road will terminate at a roundabout with spur entrances to both warehouse buildings. The vehicle entrance at the southwest corner of Building 2 proposes to cross a forested wetland area with a pipe underdrain. A maintenance road for a proposed stormwater management facility will cross an intermittent tributary to Perch Creek in a reinforced concrete pipe culvert. The work includes vegetative clearing, grading, excavation, and filling.

The project will permanently impact 53,188 square feet (1.22 acres) of forested nontidal wetlands, 11,778 square feet (0.27 acres) of emergent nontidal wetlands, and 77 linear feet (154 square feet) of intermittent stream.

EFFECTS ON AQUATIC RESOURCES:

LEAD FEDERAL AGENCY:

The United States Army Corps of Engineers, as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.

APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:

Avoidance and minimization:

As part of the planning process for development of the Logistics Center at Southfields of Elkton site, steps were taken to ensure avoidance and minimization of impacts to aquatic resources to the maximum extent practicable based on the existing site conditions. The warehouse buildings were oriented to utilize the footprint of two large flat agricultural fields, minimizing the amount of grading and the extent of contiguous forest clearing required. Vehicular access to the site will utilize Commerce Center Drive, an existing warehouse road entrance from US Route 40, as the sole point of ingress and egress for commercial vehicle access to the facility. The access road will follow the alignment of an area previously impacted by erosion and sediment controls for the existing Elkton Commerce Center facility. Buildings were resized and reconfigured in order to minimize impacts while maintaining the size specification requirements of future tenants.

The applicant initially proposed a 1,116,000-square-foot warehouse and a 1,110,000-square-foot warehouse on the site; after review of the associated wetland impacts, these buildings were reduced to the currently proposed 1,096,200 and 924,000 square-foot sizes. The larger warehouses would have resulted in greater parking and stormwater management requirements, more site grading, and increased wetland impacts. The design of Building 3 was modified to utilize retaining walls at its southeast and northeast ends, resulting in a reduction of 6,056 square feet of forested wetland impacts. Stream impacts were limited to a single culvert crossing of an intermittent stream associated with maintenance access to stormwater management pond 2B, a facility proposed in the southern portion of the site.

Bioretention facilities are proposed around the periphery of parking areas and warehouses to minimize the required number of stormwater management ponds. The three proposed stormwater management ponds were reconfigured to be located entirely in upland areas. Reconfiguration of stormwater management facility 2B-1, located in the northwest corner of the project site, resulted in a reduction of approximately 6,378 square feet of permanent forested wetland impacts. Stormwater management pond 1 was initially proposed in a forested area at the eastern edge of the project site. The pond was relocated to the west, resulting in avoidance of 1,962 square feet of forested nontidal wetland impacts. Stormwater outfalls were designed to maintain hydrology to undisturbed wetland areas along the periphery of the site. Proposed employee parking areas east of Building 2 were reduced and reconfigured to impact only uplands, resulting in avoidance of an additional 18,426 square feet of forested nontidal wetland impacts.

Compensatory Mitigation:

Mitigation for unavoidable wetland impacts associated with this project are proposed to be satisfied through on-site permittee responsible mitigation. No mitigation banks currently have a service area in the impacted watershed. Compensatory wetland mitigation requirements will be satisfied through the creation of new forested and emergent wetlands at a 2:1 ratio. The project proposes to create 3.14 acres of forested wetlands in former agricultural areas abutting existing forested wetland to the west of the development site. Wetland Mitigation Area #1 proposes to create 1.50 acres of forested nontidal wetlands in an upland area in the northeast quadrant of the project site, located west of Commerce Center Drive and an existing forested wetland area to the west (39.593413, -75.806180). Wetland Mitigation Area #2 proposes to create 1.64 acres of forested wetland area in the southeast corner of the project site, between of Building 3 to the northwest and an area of existing forested nontidal wetlands to the east (39.584881, -75.810166). Both forested wetland mitigation sites will create wetland area by grading to existing wetland elevations, creating microtopographic features, adding woody debris, and planting native trees and shrubs. A variable-width buffer area will be planted between the forested wetland creation areas and adjacent infrastructure. The project proposes to create 0.38 acres of emergent wetlands within the footprint of a former farm pond at the south end of the project site, between a large contiguous wetland area and Frenchtown Road (39.586162, -75.802696). The project will dewater the pond, add soil amendments, create microtopography, and plant a variety of emergent vegetation. A 25-foot buffer area will be planted with shrubs between the emergent wetland area and Frenchtown Road. Compensatory wetland mitigation activities will temporarily impact 1,081 square feet of existing forested nontidal wetlands.

CORPS EVALUATION REQUIREMENTS:

This project will be evaluated pursuant to Corps Regulatory Program Regulations (33 CFR Parts 320-332). 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 evaluation of the impact of this project will also include application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, United States Environmental Protection Agency.

ENDANGERED SPECIES:

A preliminary review of this application indicates that the proposed work may affect federally listed rare, 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.

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 (EFH), including species of concern, life cycle habitat, or Habitat Areas of Particular Concern. The Baltimore District has made a preliminary determination that the project is not within EFH. The Baltimore District has made a preliminary determination that mitigative measures are not required to minimize adverse effects on EFH at this time. This determination may be modified if additional information indicates otherwise.

HISTORIC RESOURCES:

Pursuant to Section 106 of the National Historic Preservation Act of 1966 and applicable guidance, the Corps has reviewed the latest published version of the National Register of Historic Places and initially determined that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work. The Corps has made the preliminary determination that the proposed project would have no adverse effect on historic properties. The Corps final eligibility and effect determination will be based on coordination with the State Historic Preservation Office as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps’ identified permit area.

TRIBAL RESOURCES:

Section 106 of the National Historic Preservation Act also requires federal agencies to consult with federally recognized American Indian tribes that attach religious and cultural significance to historic properties that may be affected by the agency’s undertaking. Corps Tribal Consultation Policy mandates an open, timely, meaningful, collaborative, and effective deliberative communication process that emphasizes trust, respect, and shared responsibility. The policy further emphasizes that, to the extent practicable and permitted by law, consultation works toward mutual consensus and begins at the earliest planning stages, before decisions are made and actions taken. The Corps final eligibility and effect determination will be based on coordination with interested tribes, in accordance with the Corps current tribal standard operating procedures as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on tribal resources.

MODIFICATION OF CIVIL WORKS PROJECTS: 33 USC 408 (SECTION 408):

All Section 408 proposals will be coordinated internally at United States Army Corps of Engineers. The Section 408 decision will be issued along with the Section 404 and/or Section 10 decision. Please see the following link for more information regarding Section 408: https://www.nab.usace.army.mil/section408/.

WATER QUALITY CERTIFICATION:

The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act.

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 state concurrence or objection to the applicant’s consistency statement. The applicant must obtain any state or local government permits which may be required.

SUBMISSION OF COMMENTS:

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 and are subject to release to the public through the Freedom of Information 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 comments concerning the work described above related to the factors listed above or other pertinent factors must be received by the United States Army Corps of Engineers, Baltimore District within the comment period specified above through postal mail at the address below or electronic submission to the project manager email address below. Written comments should reference the Application Number (NAB-2021-61204-M49).

PUBLIC HEARING REQUESTS:

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 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. The public hearing request may be submitted by electronic mail or mailed to the following address:

Matt Hynson
Matthew.Hynson@usace.army.mil
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
2 Hopkins Plaza
Baltimore, Maryland 21201

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

General information regarding the Corps’ permitting process can be found on our website at https://www.nab.usace.army.mil/Missions/Regulatory.aspx. This public notice has been prepared in accordance with Corps implementing regulations at 33 CFR 325.3. If you have any questions concerning this specific project or would like to request a paper copy of this public notice, please contact Matt Hynson at Matthew.Hynson@usace.army.mil or (410) 689-9532. This public notice is issued by the Chief, Regulatory Branch.