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PN 13-23 Storm Water Management

Posted: 4/23/2013

Expiration date: 5/9/2013


THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC ABOUT THE WORK DESCRIBED BELOW.  AT THIS TIME, NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED.

The Baltimore District has received an application for a Department of the Army Permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344), as described below: 

APPLICANT:           

Mr. Todd Nichols

Maryland State Highway Administration

707 N. Calvert Street C-303

Baltimore, Maryland 21202                     

LOCATION AND WATERWAY:  Unnamed tributaries in the Patuxent River watershed at the US 301/MD 214 and US 301/MD 4 interchanges.  PR-PG-03 will be a stormwater management (SWM) facility located at mile point 20.20 on US 301, within the loop ramp from southbound US 301 to eastbound MD 214.  PR-PG-11 will be a SWM facility located at mile point 1.39 on MD 4, within the loop ramp from westbound MD 4 to southbound US 301.  The projects are located in Bowie and Upper Marlboro, respectively, in Prince George’s County, Maryland.

WORK:  Maryland State Highway Administration proposes to construct two SWM facilities within existing exit ramp loops to improve water quality treatment (associated with TMDL compliance) in the Patuxent River watershed.  The SWM facilities are proposed at the US 301/MD 214 and US 301/MD 4 interchanges.  Project PR-PG-03 will be a SWM pond and forebay within the loop ramp from southbound US 301 to eastbound MD 214.  Project PR-PG-11 will be a SWM pond and forebay within the loop ramp from westbound MD 4 to southbound US 301.  PG-03 would permanently impact approximately 2,658 square feet of emergent nontidal wetlands and 268 linear feet (1,832 square feet) of intermittent stream.  PG-11 would permanently impact approximately 178 linear feet (2,048 square feet) of ephemeral stream. 

All work is to be completed in accordance with the enclosed plan(s).  If you have any questions concerning this matter, please contact Mr. Jack Dinne of this office at (410) 962-6005 or john.j.dinne@usace.army.mil.

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, recreation, 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 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 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: Mr. Jack Dinne, CENAB-OP-RMN], P.O. Box 1715, Baltimore, Maryland 21203-1715, within the comment period as specified above to receive consideration.

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 Maryland Department of the Environment, Non-Tidal Wetlands and Waterways Program, 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.

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 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 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 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 requested permit.

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, [Attn: Mr. Jack Dinne, CENAB-OP-RMN], P.O. Box 1715, Baltimore, Maryland 21203-1715, within the comment period as specified as above to receive consideration.  Also, it must clearly state forth the interest which may be adversely affected by this activity in the manner in which the interest may be adversely affected.

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.