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PN15-69 (MD, DNR/Bloede Dam Removal) 2015-60068-M02 - Baltimore & Howard Counties

Posted: 10/28/2015

Expiration date: 11/28/2015


                                     Public Notice

                                                           

U.S. Army Corps         In Reply to Application Number                        

Of Engineers               CENAB-OP-RMN (MD, DNR/Bloede Dam Removal)

Baltimore District       2015-60068-M02

     

PN-15-69                     Comment Period:   October 28, 2015 to November 30, 2015              

                               

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.

                   

APPLICANT:  Maryland Department of Natural Resources

                        c/o Mr. Jordan Loran

                        580 Taylor Avenue B-2

                        Annapolis, Maryland 21401

LOCATION:   Patapsco River, at Bloede Dam, Baltimore and Howard Counties, Maryland.

WORK:  The applicant proposes to remove Bloede Dam in the Patapsco Valley State Park and its associated fish ladder and to replace 75 feet of a 16-inch sewer line.  Removal of the dam’s concrete structures is to be performed in-stream using a combination of a wrecking ball and excavation equipment, and is expected to release approximately 250,000 to 312,000 cubic yards of sediment downstream over a period of approximately one to seven months, depending on hydrological conditions following dam removal. The composition of the sediment to be released would consist of approximately 72% sand and approximately 28% silt.

General construction sequencing impacting the river would be as follows:

1.     Install erosion and sediment control measures and best management practices temporarily impacting approximately 15,000 square feet of the river.

2.     Install temporary stream diversion structures.

3.     Construct an approximately 200-foot long temporary access road in the Patapsco River consisting of #2 stone or larger, from Ilchester Road to Grist Mill trail, temporarily impacting approximately 13,000 square feet of river.

4.     Construct a 35-foot by 226-foot temporary access pad partially within the Patapsco River below Bloede Dam, consisting of #2 stone or larger for sewer and dam access during construction, temporarily impacting approximately 7,900 square feet of river.

 

 

5.     Remove an existing sewer pipe and to install a new 75-foot section of 16-inch sewer pipe 5 feet below the anticipated river bottom in the same location. This work entails trench excavation, placing bedding material, sewer pipe installation, and backfill with riprap and grout to match the river bottom elevation. This work would temporarily impact approximately 10,000 square feet of river.

6.     Breach dam for initial drawdown.

7.     Remove dam and fish ladder.

The total temporary impacts due to this project are approximately 50,000 square feet of river.

Additionally, approximately 4,320 linear feet of streambank plantings are proposed as part of the overall project.

The purpose of the project is to restore fish passage and natural geomorphic and ecological functions to the Patapsco River.

The applicant has established an adaptive management and monitoring plan as part of the planning and design phase of this project. This provides for a process, based on monitoring, applied studies, and modeling, to identify and address any necessary corrective actions that may be necessary as a result of dam removal. The data collected will also contribute to long-term monitoring currently underway on the Patapsco River and allow the applicant and other project partners to document and communicate the ecological response resulting from the restoration activities.

 All work is to be completed in accordance with the enclosed plans.  If you have any questions concerning this matter, please contact Mr. Jon Romeo of this office at (410) 962-6079.

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.

An evaluation 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. Jon Romeo, CENAB-OP-RMN] P.O. Box 1715, Baltimore, Maryland 21203-1715, within the comment period specified above.

SECTION 401 WATER QUALITY CERTIFICATION: The applicant is required to obtain a water quality certification from the Maryland Department of the Environment in accordance with Section 401 of the Clean Water Act.  Any written comments concerning the work described above which relate to water quality certification must be received by the Maryland Department of the Environment, Nontidal Wetlands Division, 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.

COASTAL ZONE MANAGEMENT PROGRAM: The applicant has certified in this application that the proposed activity complies with and will be conducted in a manner consistent with the Maryland Coastal Zone Management (CZM) Program. By this public notice, we are requesting the State concurrence or objection to the applicant’s consistency statement. Public comments relating to consistency must be received by the Maryland Department of the Environment, Nontidal Wetlands Division, Montgomery Park Business Center, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230-1708 within the comment period specified above to receive consideration. MDE has a statutory limit of 6 months to concur or object to the applicant’s 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.

The State Historic Preservation Officer (SHPO), Maryland Historical Trust (MHT), has determined that Bloede Dam is eligible for listing in the National Register of Historic Places under Criteria A, B, and C for its specialized engineering, innovative design, and association with early electrification and that removal of the dam would have an adverse effect on historic resources. The National Marine Fisheries Service (NMFS), which is the lead Federal agency for this project, the SHPO, and other parties, have identified a series of stipulations to be implemented in conjunction with the project in order to account for the effects of the proposed undertaking on historic properties. These stipulations are to be incorporated into a Memorandum of Agreement.

 

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. Jon Romeo, CENAB-OP-RMN], P.O. Box 1715, Baltimore, Maryland 21203-1715, within the comment period specified as above to receive consideration.  Also, the request must clearly state 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 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.

FOR THE DISTRICT ENGINEER:

          

                                                            Joseph P. DaVia

                                                            Chief, Maryland Section Northern

Baltimore Bloede Dam Howard Patapsco River