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PN14-65 (Remco Properties and JDC Easton-Waterside Village) - Talbot County

Posted: 12/1/2014

Expiration date: 12/30/2014


                                                     Public Notice                                               

U.S. Army Corps             In Reply to Application Number

of Engineers                    CENAB-OP-RMS (Remco Properties and JDC Easton-Waterside Village)

Baltimore District                   2014-61549  

PN 14-65                      Comment Period:  December 1, 2014 to December 30, 2014

                                     

THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FORM 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 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:

APPLICANT:     Remco Properties, LLC

                          200 Witmer Road, Suite 200

                          Horsham, PA 19044

                          JDC Easton, LLC

                          1760 Reston Parkway, Suite 210

                          Reston, VA 20910

WATERWAY AND LOCATION OF THE PROPOSED WORK: In headwater nontidal wetlands and unnamed tributary waters off the Tred Avon River at Waterside Village, in Easton, Talbot County, Maryland.

PROPOSED WORK AND PURPOSE:  Impact area #1: to install a culvert with  a  riprap scour pad for a road crossing impacting approximately 1,202 square feet of an  agricultural drainage ditch and emergent wetland; Impact area #2:  to install a culvert for a road crossing impacting approximately 65 linear feet of an agricultural drainage ditch; Impact area #3: to install a culvert with  a  riprap scour pad for a road crossing impacting approximately 100 linear feet of an  agricultural drainage ditch; Impact area #4: to install a culvert impacting approximately 201 linear feet an agricultural drainage ditch;  Impact area # 5: to deposit  fill for parking impacting  approximately 26,127 square feet of scrub/shrub nontidal wetland;  and Impact area #6: to deposit  fill for parking and building construction impacting approximately 8,413 square feet of emergent nontidal wetlands.

The proposed work is for re-authorization to complete the work previously authorized under CENAB-OP-RMS (REMCO Properties LLC) 2005-65747 issued on May 2, 2007 for Waterside Village, a commercial development.  The original authorization included to fill approximately 26,165 square feet of scrub/shrub nontidal wetlands; 54,658 square feet of emergent nontidal wetlands; and 1,925 linear feet of Waters of the United States. That authorization expired on December 31, 2013. The total impacts were mitigated for by creating 1.20 acres of scrub/shrub nontidal wetlands and 1.44 acres of emergent nontidal wetlands on-site, which has been built and is currently being monitored.  The applicant does not propose additional compensatory mitigation.

The proposed total work remaining to be accomplished for the project includes to impact approximately 9,609 square feet of emergent nontidal wetlands and 26,165 square feet of scrub/shrub nontidal wetlands, and 466 linear feet of agricultural ditch Waters of the U.S.. The applicant has completed the filling of approximately 45,049 square feet of emergent nontidal wetlands and 1,502 linear feet of ditch/ Waters of the U.S. under the original authorization. All

work will be completed in accordance with the enclosed plan(s).  If you have any questions concerning this matter, please contact Mr. Rod Schwarm, P.O. Box 1715, Baltimore, Maryland 21203-1715 or at 410-820-8550. 


As part of the planning process for the proposed project, steps were taken to ensure avoidance and minimization of impacts to waters of the United States to the maximum extent practicable. The applicant has not proposed additional compensatory mitigation under the Mitigation Rule to offset unavoidable losses to aquatic resources since all required mitigation was completed at the time of the original construction and currently is being monitored. 

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 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.

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 approved 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 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 know 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

REMCO Properties Talbot County tred avon river Waterside Village