Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers NAB-2022-00212-P13 (DHK Lot 2, LLC/Jednota
South Lot)
Baltimore District
PN-23-10 Comment Period: March 9, 2023 to April 8, 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:
DHK Lot 2, LLC
Attn: Mr. Kevin Snelbaker
6259 Reynolds Mill Road
Seven Valleys, PA 17360
WATERWAY AND LOCATION OF THE PROPOSED WORK:
The proposed project is located at the southern corner of the intersection of Rosedale Avenue and White House Lane, adjacent to an unnamed tributary to the Susquehanna River (locally know as Stoner Creek), in Lower Swatara Township, Dauphin County, Pennsylvania. (Latitude: 40.205570 N; Longitude: -76.764018 W).
OVERALL PROJECT PURPOSE:
To expand the existing D&H Distributing operation to include the construction of an industrial warehouse/distribution center located in the I-283 corridor that will provide users with a modern, high-bay, cross-docked facility with full size truck courts, thereby addressing the market demand for various user classifications, based on truck size and product distribution.
PROJECT DESCRIPTION:
The proposed project is to construct and develop an approximately 418,608 square foot warehouse/distribution center, with access driveway, truck courts, employee parking areas, trailer storage site utilities, landscaping amenities, and a stormwater collection and conveyance system. The project will permanently impact approximately 2.01 acres of palustrine emergent (PEM) and palustrine forested (PFO) wetlands and approximately 536 linear feet (4,760 square feet) of intermittent stream (unnamed tributary to the Susquehanna River).
LEAD FEDERAL AGENCY:
The United States Army Corps of Engineers (Corps), as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.
APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:
Alternate sites, within a mile distance of the proposed D & H warehouse, were evaluated as potential sites for the development. The alternate sites consisted of the DHK Residential Lot in Lower Swatara Township, Lehman Shope Property in Lower Swatara Township, and the Middletown Home Property in Lower Swatara Township. Additional sites that were farther away than a mile, were for sale and had available land for a warehouse were evaluated as potential sites; these were Swatara Marketplace in Swatara Township and Mumma Quarry – North Union Street Site in Lower Swatara Township. These sites were dismissed, however, as they would require greater environmental impacts and land use constraints within the proposed development footprints. Reducing the size, density, and configuration were also evaluated at each site, but the basic project purpose could not be achieved by alternate designs.
The Jednota South Lot is the applicants preferred alternative site that satisfies the basic project purpose that allows for the future expansion of the D&H Distributors operation (nationally known, Central PA- based third party tech provider), who recently constructed a facility on a neighboring tract of the former Jednota property. D&H’s anticipated growth will likely require such an expansion, and the proximity of the Jednota South Warehouse will allow them to maintain geographic and operational continuity moving forward and help keep an important Central Pennsylvania based company from having to potentially relocate to another portion of the country. In addition, this alternative is in close proximity to a public sewer and water therefore decreasing the environmental impacts created by adding infrastructure to the site and local community.
The selected Jednota South Lot was then subjected to further analyses that included reducing the building size to the minimum for what is considered operationally feasible. In addition, impacts were reduced to 0.34 acres to the largest wetland on site (PEM/PFO - Wetland Y), by constructing a retaining wall along the western side of the circulation drive. Additionally, stormwater management facility #8 was designed to completely avoid any impact to Wetland Q (a 0.25 acre PEM/PFO wetland). For the remaining aquatic resources on site, the applicant is offering to place a deed restriction on those un-impacted areas to ensure protection of those resources and to eliminate the possible disturbances to additional wetlands and watercourses.
To compensate for unavoidable wetland and stream impacts, the applicant has proposed to provide compensatory mitigation by purchasing 2.10 acres of wetland credits and 562.00 stream credits from the Codorus Creek Mitigation Bank and the East Branch Codorus Creek Mitigation Bank, in York County, Pennsylvania.
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 will have no effect on federally 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.
ESSENTIAL FISH HABITAT:
The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), 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 project site does not lie in or adjacent to EFH as described under MSFCMA for managed species under the MSFCMA. The Baltimore District has made a preliminary determination that the project will have no effect on 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 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 USACE. 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/Missions/Regulatory/Section-408-Requests/.
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-2022-00212-P13.
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:
Amy Elliott
amy.h.elliott@usace.army.mil
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
1631 South Atherton Street
Suite 101
State College, PA 16801
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 Amy Elliott, at 814-235-0573, or at amy.h.elliott@usace.army.mil. This public notice is issued by the Chief, Regulatory Branch.