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PN13-14: Lehigh Cement Company

Posted: 3/22/2013

Expiration date: 5/17/2013


THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC ABOUT THE WORK DESCRIBED BELOW AND TO ANNOUNCE THE DATE OF A CORPS PUBLIC HEARING/MARYLAND DEPARTMENT OF THE ENVIRONMENT PUBLIC INFORMATION HEARING ON THE SUBJECT APPLICATION. AT THIS TIME, NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT AUTHORIZATIONS WILL BE ISSUED.

THE CORPS PUBLIC INFORMATION MEETING/MDE PUBLIC INFORMATION HEARING WILL BE HELD:

Thursday, May 2, 2013

6:00 pm to 9:00 pm

Community Room of New Windsor

Community Room of New Windsor

1100 Green Valley Road

New Windsor, Maryland 21776

The public hearing provides members of the public the opportunity to present views, opinions, and information which will be considered by the U.S. Army Corps of Engineers, Baltimore District (Corps) and the Maryland Department of the Environment (MDE) in evaluating the permit application. Beginning at 6:00 pm, agency statements will be given followed by a short presentation by the applicant, followed by public testimony. A time limit of three minutes per speaker may be set, depending on the number of speakers, to ensure that all interested parties have an opportunity to voice their views.

Anyone who is hearing impaired and/or is non-English speaking; who wishes to attend this public hearing should notify Mrs. Deborah Nizer at the address/telephone number listed near the end of this public notice. All requests for an oral, sign language, or non-English language interpreter must be received by April 15, 2013. To the extent possible and feasible, an interpreter will be provided. The Baltimore District has received an application for a Department of the Army permit pursuant to the Section 404 of the Clean Water Act (33 U.S.C 1344), as described below:

APPLICANT: Mr. Kurt Deery

Lehigh Cement Company

675 Quaker Hill Road

Union Bridge, Maryland 21791

LOCATION AND WATERWAY: The proposed project is located within the existing Lehigh Cement Company’s New Windsor Quarry, near Old New Windsor Road; near McKinstry’s Mill Road, Hawk’s Hill Road, Greenwood Church Road, Beacham Farm in New Windsor, Carroll County, Maryland. The aquatic resources located within the propose project include Five Daughters Run and adjacent nontidal emergent wetlands; Dickenson Run and adjacent nontidal emergent wetlands; Haines Branch; McKinstry Mill Creek; and four additional unnamed tributaries.

The proposed project is located within the existing Lehigh Cement Company’s New Windsor Quarry, near Old New Windsor Road; near McKinstry’s Mill Road, Hawk’s Hill Road, Greenwood Church Road, Beacham Farm in New Windsor, Carroll County, Maryland. The aquatic resources located within the propose project include Five Daughters Run and adjacent nontidal emergent wetlands; Dickenson Run and adjacent nontidal emergent wetlands; Haines Branch; McKinstry Mill Creek; and four additional unnamed tributaries.

PROPOSED WORK: To discharge fill material into waters of the United States, including nontidal emergent wetlands. The project involves (a) the excavation and extraction of subsurface limestone; (b) deposition of the overburden materials; (c) construction of redundant material transport systems, including the installation of a combined underground and aboveground stone conveyor belt system; and (d) construction of a railroad spur. The proposed work will result in permanent impacts to approximately 21,194 linear feet of perennial and intermittent streams; and will result in the loss of function and services of approximately 1.68 acres of palustine emergent wetlands. The applicant has demonstrated avoidance and minimization of impacts to waters of the United States by utilizing all available upland areas within the project site for placement of the overburden materials, proposing a partially underground conveyor system, and bottomless arch railway culvert crossings.

To discharge fill material into waters of the United States, including nontidal emergent wetlands. The project involves (a) the excavation and extraction of subsurface limestone; (b) deposition of the overburden materials; (c) construction of redundant material transport systems, including the installation of a combined underground and aboveground stone conveyor belt system; and (d) construction of a railroad spur. The proposed work will result in permanent impacts to approximately 21,194 linear feet of perennial and intermittent streams; and will result in the loss of function and services of approximately 1.68 acres of palustine emergent wetlands. The applicant has demonstrated avoidance and minimization of impacts to waters of the United States by utilizing all available upland areas within the project site for placement of the overburden materials, proposing a partially underground conveyor system, and bottomless arch railway culvert crossings.

As compensatory mitigation for the unavoidable permanent loss of functions and services to approximately 21,194 linear feet of streams and 1.68 acres of nontidal emergent wetlands, the applicant is proposing an off-site compensatory mitigation area within the watershed, which includes: a) stabilization and restoration of approximately 13,061 linear feet of Haines Branch and two unnamed tributaries to Haines Branch; b) the creation of an approximately 200 linear foot wide forested riparian buffer adjacent to this reach of Haines Branch; and c) the creation of a minimum of 1.68 acres of palustine emergent wetlands. The proposed mitigation site is located on property owned by Lehigh Cement Company and would be protected in perpetuity. In addition to the proposed compensatory mitigation, the applicant is proposing enhancements (e.g., bank stabilization and riparian plantings) to approximately 1,165 linear feet of five streams within the project area.

Attached are the tables of impacts by resource which are associated with this project. All work would be completed in accordance with the attached plans. If you have received this notification via e-mail, plans are attached. If you have received this notification through the U.S. Mail, plans are available for review from the following sources:

• The Baltimore District Regulatory website located at:

http://www.nab.usace.army.mil/Missions/Regulatory/PublicNotices.aspx

• Carroll County public library:

Carroll County Public Library

Taneytown Branch

10 Grand Drive

Taneytown, Maryland 21787

(Ask for Docket #06-13)

• Government Agencies:

U.S Army Corps of Engineers

Baltimore District

Regulatory Branch

10 South Howard Street

Baltimore, Maryland 21201

Call (410) 962-4252 to schedule an appointment.

 

Maryland Department of the Environment

Air and Radiation Management Administration

1800 Washington Boulevard

Baltimore, Maryland 21230

(Ask for Docket #06-13)

• You can request a copy of the plans from the Corps by contacting Ms. Erin Shaw at (410) 962-4252 or Mrs. Deborah Nizer at the number below.

If you have any questions concerning this matter, please contact Mrs. Deborah Nizer at (410) 962-6085 or debby.nizer@usace.army.mil.

The comment period expires on May 17, 2013.

PROJECT PURPOSE: The purpose of this project is to facilitate the continuation and expansion of the existing mining operation at the Lehigh New Windsor Quarry; the modernization of the transport of lime stone to the Lehigh Cement Company in Union Bridge; and the continued operation of cement production at the facility. The decision whether to issue a permit will be based on an evaluation of the probable impact 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 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 including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, water supply and conservation, water quality, energy needs, safety, food and fiber production, and, in general, the needs and welfare of the people.

The purpose of this project is to facilitate the continuation and expansion of the existing mining operation at the Lehigh New Windsor Quarry; the modernization of the transport of lime stone to the Lehigh Cement Company in Union Bridge; and the continued operation of cement production at the facility. The decision whether to issue a permit will be based on an evaluation of the probable impact 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 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 including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, water supply and conservation, water quality, energy needs, safety, food and fiber production, and, in general, the needs and welfare of the people.

The evaluation of the impact of the work described above on the public interest will include application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act.

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 and Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used 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, Attn: Mrs. Deborah Nizer, CENAB-OP-RPA, P.O. Box 1715, Baltimore Maryland 21203-1715.

SECTION 401 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 Maryland Department of the Environment. Any written comments concerning the work described above which relate to water quality certification must be received by the Nontidal Wetlands Division, Wetlands and Waterways Program, Maryland Department of the Environment, Montgomery Park Business Center, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230-1708 within the comment period as specified above to receive consideration. The 401 certifying agency has a statutory limit of one year to make its decision.

The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from the Maryland Department of the Environment. Any written comments concerning the work described above which relate to water quality certification must be received by the Nontidal Wetlands Division, Wetlands and Waterways Program, Maryland Department of the Environment, Montgomery Park Business Center, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230-1708 within the comment period as specified above to receive consideration. The 401 certifying agency has a statutory limit of one year to make its decision.

The applicant must obtain any Federal, State or local government permits which may be required.

A preliminary review of this application indicates that the proposed work will not affect listed 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 indicated that there are no registered properties listed as eligible for inclusion therein located at the site of the proposed work. However, the site is adjacent to a National Register-listed historic district. Therefore, there is a potential for direct or indirect effects on historic buildings and landscapes, as well as on undiscovered existing archeological deposits. Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the requested permit. As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.

It is requested that you communicate the foregoing 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.