Public Notice
U.S. Army Corps In Reply to Application Number:
of Engineers CENAB-OPR-M 2019-60213 (MD DNR-Jabez Trib
Baltimore District 3)
PN 19-19 Comment Period: April 5, 2019 to May 5, 2019
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC ABOUT THE WORK DESCRIBED BELOW ON THE SUBJECT APPLICATION. AT THIS TIME, NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED.
APPLICANT: Maryland Department of Natural Resources
Attn: Ms. Claudia Donegan
580 Taylor Avenue
Annapolis, MD 21401
LOCATION: The proposed project is located near 1510 Jabez Run Road, Millersville, Anne Arundel County, Maryland, in Jabez Branch, Tributary 3.
PURPOSE: To restore impaired hydrological, hydraulic, geomorphic, physiochemical functions of a portion of Jabez Branch, Tributary 3, and adjacent nontidal wetlands.
WORK: To restore the stream and adjacent nontidal wetlands, Maryland Department of Natural Resources (MD DNR) proposes to reconnect the incised stream to its floodplain by filling the channel with woodchips and native sands and gravels. Stable cobble riffle grade controls will be installed across the length and width of the valley. MD DNR proposes to address hydrologic impairments, where possible, by slowing and infiltrating surface run-off as it flows toward the stream. MD DNR proposes to address hydraulic impairments by maximizing the width to depth ratio of the stream and installing subsurface seepage pathways. MD DNR proposes to address geomorphic impairments by incorporating large amounts of coarse woody material salvaged on-site to increase habitat diversity and by filling the existing channel to resolve flows leading to excess stream bank erosion. MD DNR proposes to address physiochemical impairments by installing subsurface seepage pathways and increasing hyporheic exchange to better regulate water temperature and promote greater nutrient processing. The proposed restoration will permanently impact approximately 2,468 linear feet of stream and 70,316 square feet of nontidal wetlands.
All work will be completed in accordance with the enclosed plans. If you have any questions concerning this matter, please contact Mr. Jack Dinne, at (410) 962-6005 or e-mail at john.j.dinne@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 may reasonably 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 impact of the work described above on the public interest will include the 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.
Comments are being solicited 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 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 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. Jack Dinne, CENAB-OPR-M, 2 Hopkins Plaza, Baltimore, Maryland 21201 within the comment period specified above.
SECTION 401 WATER QUALITY CERTIFICATION: The applicant is required to obtain a Water Quality Certification, (WQC) in accordance with Section 401 of the Clean Water Act from MDE, the Section 401 certifying agency. Any written comments concerning the work described above which relate to the WQC 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. MDE 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 Maryland’s federally approved Coastal Zone Management Program (CZMP) as required by Section 307 of the Federal Coastal Zone Management Act of 1972. Public comments relating to consistency 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. By this public notice, the Corps is requesting the State concurrence to the applicant’s consistency statement. It should be noted that the MDE has a statutory limit of 6 months to concur or object to the applicant’s consistency determination.
The applicant must obtain any other State and local permits/approvals which are required for the proposed activities.
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 the proposed project will not affect properties listed as eligible for inclusion. On-going coordination with the Maryland Historic Trust will determine if known archeological, scientific, prehistoric, or historical data may be affected 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, U.S. Army Corps of Engineers, Baltimore District, Attn: Mr. Jack Dinne, CENAB-OP-R, 2 Hopkins Plaza, Baltimore, Maryland 21201, within the comment period as specified 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 this information concerning the proposed work to any persons known by you to be interested, but may not have not received a copy of this public notice.
FOR THE DISTRICT ENGINEER:
Joseph P. DaVia
Chief, Maryland Section Northern