Exit 45:  Phase I Of Yet Another Mall

The forested slopes of the Appalachians are the last remaining stronghold east of the Mississippi River for area sensitive, forest interior birds.  But this system is being continually carved up.  We are destroying the mosaic of streams, small wetlands, and spring-seeps that are found on the slopes.  The small streams along the ridges provide water of the highest quality that helps sustain our high quality fisheries. 

Latest example:  the Baltimore District of the US Army Corps of Engineers issued a public notice on July 29, 2002, for a proposal by Morris Management to construct a mall on the west facing slope of Brush Mountain, between the Frankstown Road and 17^th Street interchanges, off Interstate 99, near Altoona, in central Pennsylvania.  The developer plans to build a “Power Center Mall” for Home Depot and other retail shops on about 100 acres. 

Only 100 acres you say?  The developer has purchased 323 acres of land, extending from I 99 nearly to the top off the mountain, and the Corps is allowing the developer to piecemeal this project.  That is, even thought the developer is eventually going to develop the entire 323 acres, the Corps will allow them to apply for a permit for one section at a time.   Ironically, the Corps criticized DEP for doing the same thing (piecemealing projects) during the last State Program General Permit reauthorization.

This project will fragment and eliminate another big chunk of forest, eliminate over 4,000 feet of streams, and about 3 ½ acres of wetlands, of which about 1 ½ acres are considered to be high quality.  The 60-foot high cuts to flatten the slope will have as yet unknown consequences for the hydrology on the ridge, and is likely to have consequences for other wetlands and streams on the ridge.

We have heard through the grapevine that DEP Secretary David Hess has called the Corps in Baltimore, asking if the Corps even needed to have the applicant apply for a federal permit.  Why would he do that?  We’ve also heard that numerous politicians have been pressuring the DEP to get busy and issue this permit.  We’re sure it won’t be long before the DEP permit processors get the phone call saying, “Issue that permit!”  Why complicate matters with a Federal permit when DEP is going to rubber-stamp the destruction? 

OK, you say, so that’s 323 acres gone (including 1½ acres of spring seep wetlands and 4,000 feet of stream).  What’s that compared to a whole ridge?   

Well, here’s what else has been going on along Bald Eagle Ridge:    

• 50 miles of I-99 that have already been constructed between the PA Turnpike in Bedford and the town of Bald Eagle have directly and indirectly affected 12,000 acres of forest interior habitat, along with countless wetlands, small streams, and spring seeps.

• Penn DOT plans to extend I-99 between the towns of Bald Eagle and Port Matilda, which will take another 3,000 acres of forest, 17 ½  acres of wetlands, and 2 ½ miles of first and second order streams that presently deliver the highest quality water to downslope wetlands and streams.  They don’t want to use the existing alignment that would have less impacts. (see PUs: 02/28/97, 03/07/97, 12/12/97,  01/25/98).

• The proposed Freestone Golf Course, located east of I-99 as it climbs over Sky Top in Centre County, will obliterate another 130 acres of forest and degrade numerous streams and wetlands along the ridge.

• And finally, there was an initial proposal to develop a trucking terminal on about 400 acres of Brush Mountain near the Pinecroft exit, just north of Altoona, off I-99.

You’ve heard of the “gifts that keep on giving?”  The detrimental effects of these highways don’t stop once the highway is built.  There evidently is not enough developable land in the valley bottom; the developers are now “headin for the hills!”

 Before developers are allowed to obliterate the ridges, the DEP and the Corps need to hear from us.  They’ve been hearing plenty from politicians and the developer, who have been putting enormous pressure on them.  The name of the project is the “Logan Town Regional Power Center.”  A copy of the public notice can be obtained by calling the Corps at 410-962-5673, or 814-235-0572.  You can also call DEP and get permit information at 717-705-4700.  The U.S. Fish and Wildlife Service has written a 11 page letter to the Corps objecting to the project, dated February 8, 2002.  You can get a copy of it by calling 814-234-4090.

 Please take the time to write the DEP and the Corps at:

Dept. of Environmental Protection
Regional Director
Michael Steiner
909 Elmerton Avenue
Harrisburg PA 17110

Colonel Charles Fiala, Jr.
USACOE, Baltimore District
P.O. Box 1715
Baltimore, MD 21203

Here’s a copy of a letter RPF sent to the Corps last week.  Copy it or say it in your own words:

  July 31, 2002

Colonel Charles Fiala, Jr.
USACOE, Baltimore District
P.O. Box 1715
Baltimore, MD 21203

Dear Colonel Fiala:

             The Raymond Proffitt Foundation offers the following comments on the proposed Logan Town Mall project near Altoona, Blair County, Pennsylvania.  The project consists of small and large retail stores, parking lots, and roads.  It would eventually eliminate 3.65 acres of wetlands, and almost 4,000 feet of first-order streams and their spring and seep sources.

             The project as proposed would have unacceptable affects to waters of the United States.  Loss of almost a mile of first-order streams, along with the springs and seeps that are the streams’ origins, is a significant loss.  These waters of the United States provide certain ecological functions that are not provided by other, albeit more obvious, waters.  Similarly, the associated wetlands that would be destroyed by the project provide varied habitats for wildlife. 

             Impacts to such a large areal extent will also have unacceptable impacts to Brush Run, downgradient from the site.  Brush Run, although classified for Warm Water Fishes by Pennsylvania’s water quality standards regulations (25 Pa. Code Chapter 93), actually supports cool-water fish such as creek chub, and longnose and blacknose dace.  Destruction of the headwater reaches of the drainage will degrade water quality in Brush Run through increased temperature, sedimentation, and modification of the hydrologic regime (e.g., decreased base flow and increased storm flow) to the extent that these existing uses will be eliminated.   Existing uses must be maintained in waters of the United States, except for designated mixing zones (in the case of a Section 402 permit) or through a Section 404 permit.  In the latter case, the permit can only be granted if significant degradation will not occur, if the impacts can be mitigated, and if downstream uses are protected. 

             This project fails all three tests.  The impacts are significant.  We are unaware of any successful mitigation for the proposed impacts to springs and seeps.  Downstream uses are likely to be lost. 

             We urge the Corps of Engineers to deny any permits contemplated for this project.

                                                                                    Very truly yours,

                                                                                    JOHN WILMER
                                                                                    General Counsel,
                                                                                    Raymond Proffitt Foundation

 cc:        Michael Steiner, Regional Director,
             Department of Environmental Protection

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