Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers CENAB-OPR-M (PG DPW&T-BRIDGE NO 0189-SUNNYSIDE
Baltimore District AVENUE) 2012-60279
PN 16-39 Comment Period: June 27, 2016 to July 17, 2016
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 Corps of Engineers has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act, as described below:
APPLICANT: Kate Mazzara
Prince George’s County DPW&T
9400 Peppercorn Place, Suite 310
Largo, Maryland 20774
LOCATION: In nontidal wetlands abutting and over Indian Creek at Sunnyside Avenue between the CSX Tracks and Edmonston Road (MD 201) in Beltsville, Prince George’s County, Maryland.
WORK: To widen an existing 22-foot wide by 1,525-foot long road to 65-feet; to remove an existing 22.5-foot wide by 37-foot long bridge and to remove two existing 18-inch wide by 80-foot long culverts; to construct a replacement 385-foot long by 68-foot wide new bridge and one 42-inch wide by 90-foot long culvert with one 10-foot wide by 10-foot long tapered scour pad and one 15-foot long by 37-foot wide scour pad temporarily impacting approximately 7,585 square feet and permanently impacting approximately 38,805 square feet (0.89 acres) of nontidal wetlands. All work is to be completed in accordance with the proposed plan(s). If you have any questions concerning this matter, please contact Mrs. Erica Schmidt at (410) 962-6029 or Erica.Schmidt@usace.army.mil.
Site layout for this project was based upon the location of the existing road. Efforts were made to avoid, to the extent possible, the long and short-term adverse impacts associated with the proposed project.
Compensatory mitigation is being proposed at the Beltsville Agricultural Center (BARC) site. The BARC site will consist of the creation/enhancement of new nontidal wetlands and the creation of new braided stream channels though out the site. The BARC site will consist of three different permittee responsible sections which will include mitigation for other PG Co DPW&T projects, State Highway Administration projects, and Maryland In-Lieu Fee Program credits. In addition, the applicant is proposing to leave the existing bridge abutments in place to reduce the impacts to Indian Creek.
The purpose of the project is primarily to upgrade and widen an existing road; to update the existing bridge; to reduce flooding; and to relieve traffic congestion.
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 effect Essential Fish Habitat (EFH). The project site outside areas of EFH as described under the MSFCMA.
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, water supply and conservation, water quality, energy needs, safety, food and fiber production, 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 are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
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, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230 within the comment period as specified above to receive consideration. Written comments concerning the work described above related to the factors listed above or other pertinent factors must be received by the District Engineer, US Army Corps of Engineers, Baltimore District, 10 S. Howard Street, Baltimore, Maryland 21201, within the comment period as specified above to receive consideration. The 401 certifying agency has a statutory limit of one year to make its decision.
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 Program. This certification statement is available for inspection in the District Office; however, public comments relating to consistency must be received by the Coastal Zone Division, Maryland Department of the Environment, 1800 Washington Blvd. Suite 430, Baltimore, Maryland 21230, within the comment period as specified above. It should be noted that CZ Division has a statutory limit of 6 months in which 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 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.
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 requested permit.
The evaluation of the impact of the work described above 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 District Engineer must receive the request, which must be in writing, US Army Corps of Engineers, Baltimore District, 10 S. Howard Street, Baltimore, Maryland 21201, within the comment period as specified as above to receive consideration. Also, it must clearly state forth the interest that may be adversely affected by this activity in 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:
Kathy B. Anderson
Chief, Maryland Section Southern