PN17-37 (Ben Nguyen/Fill/Poultry Houses) 2015-61691 - Worcester Co.

Published Aug. 1, 2017
Expiration date: 8/21/2017

                                           Public Notice                                               

U.S. Army Corps                             In Reply to Application Numbers

of Engineers                                   CENAB-OP-RMS (BEN NGUYEN/FILL/POULTRY HOUSES)

Baltimore District                           2015-61691



PN 17-37                          Comment Period:  August 1, 2017 to August 21, 2017




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:   Ben Nguyen

7735 Snow Hill Road

Salisbury, Maryland  21804


LOCATION OF THE PROPOSED WORK:  In nontidal farmed wetlands adjacent to unnamed tributaries to Pusey Branch, at a property identified as Tax Map 36, Parcel 81 on Snow Hill Road and Maryland Route 12 at Snow Hill, Worcester County, Maryland.


WORK AND PURPOSE:  The applicant proposes to permanently fill approximately 1.35 acres of farmed nontidal wetlands to construct six 67-foot wide by 671-foot long poultry houses, stormwater management facilities, concrete loading pads and access driveways.  All work will be completed in accordance with the enclosed plan(s).  If you have any questions concerning this matter, please contact Mr. Jason Peters 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 aquatic resources to the maximum extent practicable.   The proposed project was oriented in the center of the project area in order to meet the required zoning and setbacks.  The project avoids as much as the farmed wetland areas as possible and avoided all of the forested wetlands on site to meet the project’s desired goals.  The entire site is 50 acres and the limit of disturbance encompasses approximately 31.57 acres.


Compensatory mitigation is proposed on-site by creating 2.03 acres of wetlands by grading and lowering the elevation of an existing agricultural field area and planting the site with a Mid Atlantic FACW meadow mix and planting FACW trees 3 feet bare root along the easterly edge of the mitigation area.


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, Department of the Army, Baltimore District Corps of Engineers, Attn: Regulatory Branch, 10 S. Howard Street, Baltimore, Maryland 21201, within the comment period specified above.


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 MSFCMA. The project is unlikely to adversely affect EFH or the species of concern by alteration of spawning, nursery, forage and/or shelter habitat. 


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, Department of the Army, Baltimore District Corps of Engineers, Attn: Regulatory Branch, 10 S. Howard Street, Baltimore, Maryland 21201, 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.







                                                            KATHY B. ANDERSON

                                                            Chief, Maryland Section Southern