PN 18-34(MDTA/I95 - STAGE I/ETL NORTHBOUND EXTENSION) 2018-60368 Harford Co.

Published June 19, 2018
Expiration date: 7/18/2018

                       Public Notice

U.S. Army Corps                   In Reply to Application Number
of Engineers                          CENAB-OPR-MN (MDTA/I-95 - Stage I/ETL NORTHBOUND
Baltimore District                 EXTENTION) 2018-60368-M12


PN 18-34                                 Comment Period: June 18, 2018 through July 18, 2018




The Baltimore 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:      Maryland Transportation Authority
                            Attn: Mr. William Pines
                            8019 Corporate Drive, Suite F
                            Baltimore, Maryland 21236

 LOCATION:  I-95 from New Forge Road in Baltimore County to MD 24 in Harford County, Maryland.


PROPOSED WORK:  The Maryland Transportation Authority (MDTA) has requested Department of the Army (DA) authorization from the U.S. Army Corps of Engineers Baltimore District (Corps) to impact waters of the United States, including jurisdictional wetlands, associated with proposed Stage I improvements to I-95 from New Forge Road in Baltimore County to MD 24 in Harford County, Maryland.  The implementation of the improvements, as currently proposed, would result in permanent impacts to 27,706 square feet/0.64 acres of non-tidal wetlands and 8,989 linear feet/65,021 square feet of streams.  The construction would also result in temporary impacts to 9,172 square feet/0.21 acres of non-tidal wetlands and 446 linear feet/ 12,555 square feet of streams.  Proposed improvements to I-95 would include the addition of a two-lane express toll lane (ETL) that would be added to I-95 northbound (NB) from MD 43 to MD 152.  A slip ramp would also be added to I-95 NB to the north of MD 43 that would allow ETL users to merge onto general purpose lanes.   The addition of an auxiliary lane along I-95 NB from MD 152 to MD 24.  The replacement of Bradshaw Road, Raphel Road, and Old Joppa Road overpasses.  The reconstruction and widening of the bridges over the Big Gunpowder River, Little Gunpowder River and Winters Run.  A new intelligent transportation system (ITS) communication system for improved operations and incident management to be added along the I-95 southbound (SB) shoulder.  Two noise walls would be added along I-95 NB and SB. Existing utilities would be relocated where necessary.

 COMPENSATORY MITIGATION:  Would be required by the Corps for unavoidable permanent impacts to aquatic resources and is proposed by the applicant as described conceptually below.

 Wetlands – Currently proposed at the MDTA’s White Marsh Run mitigation site located in Baltimore County.  Wetland functions and values provided by this site will be primarily beneficial for wildlife habitat.  The 183.6-acre parcel contains extensive wetlands and is considered to be ecologically valuable due to its location within the heavily developed Bird River watershed.

 Streams – Currently proposed at the following locations:


Approximately 1,250 linear feet of three degraded unnamed tributaries to Little Gunpowder Falls would be stabilized and restored to address current erosion issues and improve water quality within the watershed.


Carsins Run – Located adjacent to Ripkin Stadium in Harford County where approximately 200 linear feet of stream would be restored.  The improvements would be implemented by removing the concrete flume, adding weir structures and riffle grade controls, planting live stakes along the banks, and replacing a failed storm drain.  In addition, approximately 700 linear feet of an unnamed intermittent tributary to Carsins Run would also be restored where the existing channel would be realigned and reconnected with the floodplain.  Riffles and deep pools would be created within the realigned channel and riparian vegetation along the banks enhanced.  It is anticipated that wetlands would be created as a result of the proposed floodplain reconnection.

 Lilly Run – Located near Havre de Grace Middle School within the Lower Susquehanna River watershed in Harford County where approximately 1,400 linear feet of channelized stream would be restored to improve overall water quality within the waterway and the watershed by managing stormwater flow, removing nutrients and sediment, and improving wetland habitat.

 Unnamed tributary to Northeast River – Located along MD 7 in Charlestown, Cecil County where approximately 132 linear feet of the waterway would be improved for the restoration of fish passage.  The existing road crossing at MD 7 currently represents an impediment to the passage of indigenous fish species in addition to anadromous fish species such as herring.  The proposed improvements would address the impediment and open would an estimated 5,904 linear feet of perennial stream to anadromous fish.

 All work would be completed in accordance with plans that were provided by the MDTA.  If you have received this notification via email, plans are attached.  If you have received this notification through the U.S. Mail, plans are available for review from any of the following sources:

 The Baltimore District Regulatory website located at:


     The following public libraries: Baltimore County Public Library - White Marsh Branch, located at 8133 Sandpiper Circle, Baltimore, Maryland 21236; Harford County Public Library - Aberdeen Branch Library, located at 21 Franklin Street, Aberdeen, Maryland 21001; Cecil County Public Library - North East Library, located at 106 W Cecil Ave, North East, Maryland 21901.

  • By contacting Mr. Steve Elinsky at 410.962.4503 or

  • 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.

    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 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, US Army Corps of Engineers, Baltimore District, [Attn: Mr. Steve Elinsky, CENAB-OPR-MN], 2 Hopkins Plaza, Baltimore, Maryland 21201, within the comment period as specified above to receive consideration.

     ESSENTIAL FISH HABITAT:  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 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 is located within the Gunpowder River, Little Gunpowder River and Winters Run watersheds and lies within or adjacent to EFH as described under MSFCMA for Blueback herring (Alosa aestivalis) juvenile and adult, Alewife (Alosa pseudohargengus) juvenile and adult, White perch (Morone americana) juvenile and adult, and Yellow perch (Perca flavescens) juvenile and adult, all managed species under the MSFCMA.

    The project has the potential to adversely affect EFH or the species of concern by loss of nursery, forage and/or shelter habitat.  The project may have an adverse affect on EFH as described under the Magnuson-Stevens Fishery Conservation and Management Act for the species and life stages identified above.  However, the District Engineer has made a preliminary determination that site-specific impacts would not be substantial and an abbreviated consultation will be conducted with NMFS.  This determination may be modified if additional information indicates otherwise and would change the preliminary determination.

    SECTION 401 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 Standards and Certification Division Maryland Department of the Environment, Montgomery Park Business, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230, 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 PROGRAMS:  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.  Public comments relating to consistency must be received by the Coastal Zone Consistency Division, 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.  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 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 Corps and the Maryland Historical Trust is reviewing the project to assess its effects if any on historic properties pursuant to Section 106 of the National Historic Preservation Act of 1966.  Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the requested 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, US Army Corps of Engineers, Baltimore District, [Attn: Mr. Steve Elinsky, CENAB-OPR-MN], 2 Hopkins Plaza, Baltimore, Maryland 21201, within the comment period as specified as above to receive consideration.  Also, it must clearly state forth the interest which 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.



                                                                            Joseph P. DaVia
                                                                            Chief, Maryland Section Northern