PN 13-26 DMP Northern Tier/Wysox Shopping Center

Published May 7, 2013
Expiration date: 6/5/2013

Public Notice                                               

U.S. Army Corps of Engineers  Baltimore District   

 In Reply to Application Number

CENAB-OP-RPA-2010-02811-P09 (DMP Northern Tier/Wysox Shopping Center) 

PN  13-26                               

Comment Period:   May 7, 2013  to  June 6, 2013


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:



DMP Northern Tier, LP

Attn: Carl V. Bankert, P.E.

1952 Waddle Road

State College, PA 16803



The project is proposed on a 46-acre parcel located between U.S Route 6 and State Route 187, approximately 2,000 feet northeast of the point where they intersect, just east of Wysox, in Wysox Township, Bradford County, Pennsylvania (Enclosure 1).  The waters of the U. S. proposed to be impacted by the proposed project drain to Wysox Creek and the Susquehanna River. 


The applicant proposes, in accordance with the attached plans (Enclosure 2-3), to construct a retail shopping center comprised of two large “big box” stores and four smaller buildings, along with parking spaces, stormwater-management facilities and access drives.  This proposed development project will have the following impacts:


Permanent Impacts

2.33 acres of emergent (PEM) non-tidal wetlands and 566 linear feet of ephemeral stream channel.

Temporary Impacts as a result of construction and temporary dewatering:



The permanent impacts will result from the discharge of dredged and/or fill material into emergent wetlands, the construction of two culvert crossings, and two enclosures of the existing stream channel.  The applicant proposes to mitigate the wetland and stream impacts by completing 3.43 acres of wetland creation, 1.51 acres of wetland enhancement and establishing 0.93 acres of riparian buffer (Enclosure 4-9). The mitigation is proposed both on-site and off-site on a property located 0.9 miles northeast of the proposed construction site.   The proposed mitigation was designed to compensate for impacts to the areal extent and quality of wetlands based on narrative and quantitative assessment methodology from the Ohio Rapid Assessment for Wetlands v 5.0.

The applicant’s stated purpose is to satisfy an increased need for additional retail/commercial space in Bradford County resulting from rapid growth associated with the Marcellus Shale gas industry.  The shopping center will significantly reduce the travel time for consumers in the Wysox-Towanda area who currently travel 20 miles for retail shopping.


The applicant performed an alternatives analysis that considered a “No-Build” alternative, as well as construction on several other commercially-zoned parcels along the Route 6 travel corridor.  The “No-Build” alternative was found unsatisfactory because it would “leave the residents with less expendable income, fewer employment opportunities and fewer consumer options.”  All of the properties considered were found unsuitable because: 1) they were located in the 100-year FEMA floodplain;  2) had poor sight distance for traffic flow conditions;  3) were too steep or too small to accommodate the proposed scale of development; or 4) were economically infeasible due to the high sale price of the available properties.

All work is proposed to be completed in accordance with the enclosed plan(s).  If you have any questions concerning this matter, please contact Mr. Matthew Gall of the U.S. Army Corps of Engineers at, (814) 235-1762/ fax number (814) 235-0576Business address for correspondence is U.S. Army Corps of Engineers, Regulatory Section, 1631 South Atherton Street, Suite 101, State College, Pennsylvania 16801.


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, 1631 South Atherton Street, Regulatory Section, Suite #101, State College, Pennsylvania 16801, within the comment period specified above.


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 (NMFS) on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely effect Essential Fish Habitat (EFH).  The Corps has determined this project will not affect any EFH.


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 (CZM) Program.  By this public notice, we are requesting the State concurrence or objection to the applicant’s consistency statement.  It should be noted that the CZM Program has a statutory limit of 6 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, 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 Chandler

                                                                                Chief, Pennsylvania Section