Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers CENAB-OP- RMN (ST. JOHN PROPERTIES /
Baltimore District CAMPBELL BOULEVARD EXTENDED / 2017-62012)
PN 18-08 Comment Period: February 2, 2018 to March 4, 2018
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 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: Mr. Thomas Pilon
St. John Properties
2560 Lord Baltimore Drive
Baltimore, Maryland 21244
WATERWAY AND LOCATION: The proposed project is located in an unnamed tributary to Windlass Run (Use I), between the terminus of Campbell Boulevard and Bird River Road, Middle River, Baltimore County, Maryland.
PROPOSED WORK: To construct the last phase of Campbell Boulevard, an approximately 0.8 mile segment between Bird River Road and its terminus within the Preserve at Windlass Run subdivision. Construction of the road, includes the installation of a 7-foot by 8-foot box culvert and two (2) 30-inch storm drain pipes, will result in permanent impacts to 30,060 square feet of forested nontidal wetlands, 879 square feet of emergent nontidal wetlands, and 199 linear feet/1,626 square feet of a Use I stream channel. All proposed work is shown on the enclosed plans dated October 10, 2017.
The compensatory mitigation required for unavoidable permanent impacts for this project is 60,999 square feet, consisting of 60,120 square feet of forested wetland mitigation and 879 square feet of emergent wetland mitigation. Because the mitigation requirement cannot be met onsite, the applicant is proposing to provide mitigation at a site in Parkton, Baltimore County, Maryland, known as Fourth Mine Branch. The site is within the Gunpowder River watershed, as is the project site. The mitigation will involve the lowering of existing grades in two unforested areas adjacent to existing Use III stream channels to intercept groundwater and capture periodic flood flows. The areas will be planted with a mix of wetland trees and shrubs. Alternatively, if an acceptable mitigation bank becomes available before the proposed work begins, the applicant may purchase the mitigation credits from the approved mitigation bank.
If you have any questions concerning this matter, please contact Mr. Nicholas Ozburn at
410-962-6083 or Nicholas.R.Ozburn@usace.army.mil.
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 evaluation of the impacts of the work described above on the public interest will include application of the Clean Water Act 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 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, [Attn: Mr. Nicholas Ozburn, CENAB-OPR-M], 2 Hopkins Plaza, Baltimore, MD 21201 or Nicholas.R.Ozburn@usace.army.mil, within the comment period specified above.
WATER QUALITY CERTIFICATION: 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 Maryland Department of the Environment, Tidal 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. MDE has a statutory limit of one year from the date of this public notice to make its decision.
COASTAL ZONE MANAGEMENT PROGRAMS: 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, Tidal 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 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.
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. Nick Ozburn, CENAB-OP-RMN], 2 Hopkins Plaza, 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.
FOR THE DISTRICT ENGINEER:
Joseph P. DaVia
Chief, Maryland Section Northern