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PN 15-21 (Hertiage Green Development/RD Xing, Culverts, Lot Fill & SWM Pond) - Charles County

Posted: 3/20/2015

Expiration date: 4/10/2015


                                           Public Notice                                               

U.S. Army Corps             In Reply to Application Number

of Engineers                     CENAB-OP-RMS(HERITAGE GREEN DEVELOPMENT/RD

Baltimore District                      XING, CULVERTS, LOT FILL & SWM POND) 2006-63551

PN 15-21                                Comment Period: March 20, 2015 to April 10, 2015  

                                     

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:  Heritage Green Development LLC

                        Attn: Charis Lapis

                        1420 Beverly Road, Suite 144

                        McLean, Maryland  22101

 

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in non-tidal Waters of the U.S., including unnamed tributaries and wetlands contiguous and adjacent to the Clark Run and Zekiah Swamp, in La Plata, Charles County, Maryland.

PROPOSED WORK AND PURPOSE:  To complete development of the mixed-use Heritage Green development previously authorized by Department of the Army (DA) Individual Permit, CENAB-OP-RMS (HERITAGE GREEN DEVELOPMENT LLC/ROAD XING, CULVERTS, LOT FILL & SWM POND) 2006-63551, issued  August 13, 2008.  As a result of the economic down, the development of the project was delayed.  Since the original authorization, the proposed golf course has been removed from the project resulting in a reduction of wetland impacts. The applicant proposed to utilize the golf cart paths and their associated wetland/stream crossings as part of a neighborhood trail system.

Work DescriptionTo construct 16 road crossings permanently impacts a total of 151,413 square feet of non-tidal wetland and temporarily impacting a total of 6,834 square feet of non-tidal wetlands, permanently impacting a total of 36,166 square feet along 2,349 linear feet of stream channel and temporarily impacting 3,747 square feet along 78 linear feet of stream channel; to create residential lots at 5 locations by permanently impacting a total of 11,867 square feet of non-tidal wetlands and permanently impacting a total of 5,028 square feet along 1,242 linear feet of stream channel; to construct 4 stormwater management facilities and outfalls by permanently impacting a total 13,887 square feet of non-tidal wetlands and 1,237 square feet along 247 linear feet of stream channel; to construct 13 golf cart/walking trail crossings by permanently impacting a total of 5,971 square feet of non-tidal wetlands; and to install 9 sewer crossings of non-tidal wetlands temporarily impacting a total of 25,131 square feet of non-tidal wetlands.  The proposal also includes the conversion of 151, 847 square feet (3.48 acres) of forested and emergent wetlands and open water.  These impacts will not be regulated by the Corps if the work is performed in accordance with the attached “Sequence of Construction for the Excavation/Conversion of Beaver Ponds to Stormwater Management Ponds” and “Wetland Woody Vegetation Clearing Sequence”. 

The project includes modifications of Impact #2 which was originally planned to be a bottomless arch culvert and Impact #H1, which removes the haul road from the project.  The amended Impact #2 road crossing proposes installation of two 72-inch RCP pipes depressed one-foot below the invert of the stream.

All areas of temporary impacts to wetlands would be replanted and stabilized. Areas of temporary impacts to waters would be stabilized. 

All work would be done on-site. The applicant proposes to provide compensatory mitigation for impacts to all waters of the United States on the project site.   The applicant proposes to mitigate the 66,706 square feet (1.53 acres) of forested wetland and 116,433 square feet (116,433 acres) of emergent wetland impacts by creating 133,410 square feet (3.06 acres) of forested wetlands and 116,433 square feet (2.67 acres) of emergent wetlands. The applicant proposes to mitigate impacts to water of the United States by restoring 658 feet of stream, installing fish habitat structures along 4,312 feet of stream and installing grade control structures periodically along 8,547 feet of stream.  All work will be completed in accordance with the enclosed plan(s).  If you have any questions concerning this matter, please contact Mr. Steven Harman at 410-962-6082 or U.S. Army Corps of Engineers, Baltimore, District, P.O. Box 1715, Baltimore, Maryland 21203-1715.

 

The purpose of the project is to provide commercial, community, and recreational development. 

 

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

Clark Run Heritage Green Development La Plata Zekiah Swamp