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This notice announces an application submitted for a Department of the Army (DA) Permit, subject to Section 404 of the Clean Water Act and for State Water Quality Certification pursuant to Section 401 of the CWA from the Indiana Department of Environmental Management, Office of Water Quality. APPLICANT: Raindrop, LLC 851 Rangeline Road Carmel, Indiana 46032 AGENT: Cardno 3901 Industrial Boulevard Indianapolis, Indiana 46254 LOCATION: Unnamed tributaries to McCracken Creek and adjacent wetlands and open water on approximately 555 acres, northeast of the I-70/S.R. 39 interchange, in Section 25, Township 14 North, Range 1 West, Hendricks County, and Section 30, Township 14 North, Range 1 East, Morgan County, Indiana. Latitude: 39.6242° N Longitude: 86.4683° W 7.5 Minute Quad: Plainfield and Mooresville West, IN PURPOSE: Construct a business park to support commercial growth near the I-70/S.R. 39 interchange area. DESCRIPTION OF WORK: The project includes the construction of four warehouse buildings totaling 4,482,400 square feet, and associated infrastructure such as roads, parking, utilities, and storm water facilities, for the Westpoint Business Park. The work would require the discharge of 8,910 cubic yards of clean earthen fill material from on-site, into a total of 3,468 feet of tributary streams, 3.01 acres of adjacent wetlands, and 0.74 acre of open water. The impacted streams would include 60 feet of ephemeral streams, 3,223 feet of intermittent streams, and 185 feet of perennial stream. The impacted wetlands would include 0.24 acre of emergent wetland, 0.03 acre of scrub-shrub wetland, and 2.74 acres of forested wetland. The business park would support warehouse distribution, manufacturing, and office space to meet market demand. The Westpoint Business Park development was originally permitted in 2008, and authorized constructing a total of approximately 7,000,000 square feet of warehouse buildings and associated infrastructure. The permit authorized filling 7,000 feet of tributaries to McCracken Creek, and 9.3 acres of adjacent wetlands. Only a small portion of the authorized impacts were completed before work ceased and the development was abandoned. The current proposal includes an overall revised and reduced layout, based on a market analysis of the potential build-out in the next 10 years. AVOIDANCE, MINIMIZATION, AND MITIGATION MEASURES: At the time of the 2008 permit approval, a total of 9.77 acres of wetlands were delineated on the site, and 9.3 acres were authorized to be filled. A 2018 delineation identified 20 acres of wetlands (jurisdictional and isolated) now on the site, and the applicant proposes to impact 3.01 acres of jurisdictional wetlands. Although the wetland acreage has increased, the current application proposes to impact approximately 68% less wetlands. Additionally, the 2008 permit authorized impacting approximately 7,000 feet of streams, and the current application proposes to impact 3,468 feet, an approximately 50% reduction. As a result of multiple design modifications, the applicant has avoided and minimized impacts. The proposed site layout and design is a reduction of 1,507,150 square feet of total building size, from what was previously authorized, but would still allow the applicant to meet the purpose and need of the project. As compensatory stream mitigation, the applicant has proposed on-site riparian enhancement along 5,853 linear feet of tributary to McCracken Creek, located on the western and southern portions of the site. The enhancement would include invasive species removal, native seeding and forested plantings, along the stream corridor with an average width of 125 feet. A total of 15.7 acres would be enhanced and preserved along the riparian corridor, including 1.54 acres of existing wetland. An additional 10.6 acres along the stream corridor and outside the enhancement area would be preserved. The entire mitigation area would be protected in perpetuity by a Corps approved site protection instrument. As compensatory wetland mitigation, the applicant proposes both off-site permittee responsible mitigation and the purchase of in-lieu (ILF) credits from the Indiana Stream and Wetland Mitigation Program. The 2008 permit authorized off-site wetland mitigation at a site located adjacent to Gibson Ditch in Delaware County, in the same 8-digit watershed as the development (known as the McDaniels site). This mitigation was constructed in 2008 and 2009, monitored, and has developed into a well-functioning mixed habitat wetland system. The applicant proposes to utilize this wetland mitigation to compensate for some of the currently proposed impacts, where they are the same as which were previously permitted and compensated by the McDaniels mitigation. Of the total 3.01 acres of wetland impact proposed, 2.48 acres would be compensated by 14.82 acres at the McDaniels site (8.85 acres emergent, 5.71 acres scrub-shrub, and 0.26 acre forested). Additionally, the applicant proposes to compensate for the 0.74 acre of open water impact with 0.74 acre of open water at the McDaniels site. The McDaniels mitigation site has been protected in perpetuity by conservation easement. For the remaining 0.53 acre of proposed wetland impact that was not previously permitted, the applicant proposes to purchase 1.66 acres of ILF wetland credits from the Upper White Service Area. It is noted that this proposed mitigation plan is open to comment and subject to change. The Corps will make a determination of appropriate mitigation, upon review of all submitted information. REVIEW PROCEDURES: A DA Permit cannot be issued if any legally required Federal, State, or local authorization or certification is denied. A DA Permit, if otherwise warranted, will not be issued on this project until a State of Indiana Section 401 Water Quality Certification (WQC) from the Indiana Department of Environmental Management (IDEM) is on file in this office or it is considered waived. This Public Notice serves as the notice for a Clean Water Act Section 401 application for water quality certification from the IDEM. IDEM will review this proposal for compliance with the applicable provisions of Section 301, 302, 303, 306 and 307 of the CWA, including the state water quality standards currently set forth at 327 IAC 2. They will consider comments regarding this proposal postmarked by the closing date of this notice. Comments to IDEM should be addressed to: IDEM, Office of Water Quality, Section 401 WQC Program, 100 N. Senate Avenue Room N1255, Indianapolis, Indiana 46204. The applicant is responsible for obtaining the certification from IDEM. Copies of this notice are sent to the appropriate Federal and State Fish and Wildlife Agencies. Their views and comments are solicited in accordance with the Fish and Wildlife Coordination Act of 1956. Based on available information, the proposed activity will not destroy or endanger any Federally-listed threatened or endangered species or their critical habitats, as identified under the Endangered Species Act, and therefore, initiation of formal consultation procedures with the U.S. Fish and Wildlife Service is not planned at this time. In a letter dated November 21, 2006, in response to the original development public notice, the U.S. Fish and Wildlife Service stated the project is not likely to adversely affect listed species. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. A request for a public hearing must state the specific interest which might be damaged by issuance of the DA Permit. The site was previously investigated for historic properties, and coordinated with the Indiana Division of Historic Preservation and Archaeology (DHPA). In a letter dated December 3, 2007, the DHPA concurred that there are no historic properties that would be affected by the project (DHPA #3219 and 3094). The National Register of Historic Places has been examined, and it has been determined that there are no properties currently listed on the Register which would be directly affected by the proposed work. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archaeological, scientific, prehistoric, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic Preservation Act of 1966 – Public Law 89-665 as amended (including Public Law 96-515). The decision whether to issue a permit will be based on an evaluation of the probable impact of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits 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; among those are conservation, economics, aesthetic values, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production, and in general, the needs and welfare of the public. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines (40 CFR Part 230) promulgated by the Administrator, United States Environmental Protection Agency (USEPA), under authority of Section 404(b) of the CWA. 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. It is presumed that all interested parties and agencies will wish to respond; therefore, a lack of response will be interpreted as meaning that there is no objection to the proposed project. 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 are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Written statements received in this office on or before the closing date will become a part of the official record and will be considered in the determination on this permit request. Any objections which are received during this period will be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested DA Permit. A permit will be granted unless its issuance is found to be contrary to the public interest. Information pertaining to this application is available for public examination during normal business hours upon prior request. This public notice and drawings are available for viewing by clicking on the "LRL-2018-107 Public Notice" link located below in the left hand corner of this page. All comments regarding this proposal should be addressed to Mr. Laban Lindley, CELRL-RDN at the address noted above and should refer to the Public Notice Number LRL-2018-107-LCL. If you desire to submit your comments by email, you must comply with the following: a) In the subject line of your email, type in ONLY the Public Notice ID No. LRL-2018-107-LCL. Example: Subject: LRL-2018-107-LCL b) Provide your physical mailing address and telephone number. c) Send your email to: lrl.regulatorypubliccomment@usace.army.mil. d) If you are sending attachments greater than 1 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.