Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers CENAB-OP-RMS (PG DER/LAUREL
Baltimore District LAKE DREDGING) 2013-61642
PN 14-06 Comment Period: January 17, 2014 to February 18, 2014
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.
The 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: Prince George’s County Department of Environmental Review
C/o Ms. Joanna M. Smith
9400 Peppercorn Place, Suite 400
Largo, Maryland 20774
LOCATION: The work is proposed within an existing stormwater management pond in Bear Branch west of Oxford Drive in Laurel, Prince George’s County, Maryland.
WORK: To emplace an approximately 13.8-foot wide by 24.8-foot long (208 square foot) stone outfall scour pad to extend a maximum of 21 feet channelward of the approximate ordinary high water mark (OHWM); to dredge by mechanical method, an approximate 760-foot wide by 4,260-foot long (2.64-acre) area within an existing in-stream stormwater management pond to a depth of -5.0 feet OHWM, including an approximately 35-foot wide by 175-foot long micro-pool dredged to -7.0 feet OHWM; and to deposit the resulting approximately 15,000 cubic yards of dredged material in an existing approved upland (non-wetland) dredged material placement site. In addition, the applicant proposes 10-year maintenance dredging.
A 10-foot wide by 42-foot long access road would be utilized to access the pond during excavation and grading. All in-stream work would be completed under dry conditions. The pond would be dewatered in two phases, using approximately 1,182 linear feet of sandbag diversions in Phase I and 930 linear feet of sandbag diversions in Phase II and a total of 472 linear feet of water diversion piping during both phases. Dredge material would be temporarily stockpiled on site in two areas totaling approximately 4,008 square feet within the limits of disturbance.
Dredging impacts were minimized by proposing to dredge only the minimal amount required for improved stormwater management.
All work will be completed in accordance with the enclosed plan(s). If you have any questions concerning this matter, please contact Ms. Laura Shively of this office at 410-962-6011 or email at laura.shively@usace.army.mil.
The purpose of the project is to provide improved stormwater management.
The applicant has not proposed any mitigation at this time. The project would involve the maintenance of an in-stream stormwater management pond that has filled in over time. The project would convert an existing nontidal wetland to a nontidal open water area.
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 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 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 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, 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