THE PURPOSE OF THIS
PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK
DESCRIBED BELOW. NO DECISION HAS BEEN
MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME.
This
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: Worcester County DPW
6113 Timmons Road
Snow Hill, Maryland 21863
LOCATION: The work is located in jurisdictional
wetlands that drain to Five Mile Branch at the Worcester County Central
Landfill property located at 7091 Central Site Lane, Newark, Worcester County,
Maryland.
WORK: To construct an additional cell within the existing
landfill that would permanently impact approximately18,659 square feet (0.43
acres) of forested nontidal wetlands and 43,460 square feet (1.0 acre) of
emergent nontidal wetlands creating approximately 971,473 square feet (22.3
acres) of landfill property.
The applicant has
submitted a conceptual plan to create approximately 2.26 acres of forested nontidal
wetlands onsite to compensate for unavoidable, permanent nontidal wetland
impacts.
Avoidance and
minimization measures were incorporated into the proposed project by minimizing
the project’s design to meet the project purpose. The proposed new cell would develop a former
rubble landfill cell at this site, and would also encompass nontidal wetlands
abutting the non-wetland rubble cell area.
The rubble site is currently used as a scrap metal stockpile area that
would be prepared to meet the requirements of Maryland regulations for
municipal solid waste disposal facilities.
The purpose of the
project is to provide additional municipal solid waste capacity at the Central
Landfill Facility.
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 affect Essential Fish Habitat (EFH). The project site
does not lie in or adjacent to EFH as described under the MSFCMA.
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, P.O. Box 1715,
Baltimore, Maryland 21203-1715, within
the comment period specified above.
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 Non-Tidal Wetlands Division, 1800 Washington Boulevard, Baltimore,
Maryland 21230 within the comment period
specified above to receive consideration. The Section 401 certifying agency has a
statutory limit of one year from the date of this public notice to make its
decision.
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, P.O. Box 1715, Baltimore,
Maryland
21203-1715, 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.
FOR
THE DISTRICT ENGINEER:
KATHY
B. ANDERSON
Chief,
Maryland Section Southern