PN 19-20 (PG DOE/SUMMIT CREEK/SWM POND RETROFIT) Prince George's County, Maryland

Published April 18, 2019
Expiration date: 4/30/2019

                       Public Notice
U.S. Army Corps                               In Reply to Application Number
of Engineers                          NAB-2019-60171 (PG DOE/SUMMIT CREEK/SWM
Baltimore District                 POND RETROFIT)   


PN 19-20                                 Comment Period: April 9, 2019 to April 30, 2019 


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:      Mr. Jeff DeHan
                             Prince Georges County Department of the Environment
                             1801 McCormick Drive, Suite 500
                             Largo, Maryland 20774

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located within an instream stormwater management pond in an unnamed tributary of Piscataway Creek, located at the end of Louise Lane in Fort Washington, Prince George’s County, Maryland.

PROPOSED WORK AND PURPOSE: The applicant proposes to retrofit an existing regional stormwater management pond by creating 3 forebays, installing a 10-foot wide bench and a 5-foot wide aquatic bench along the perimeter of the pond, adding a clay liner to the upstream face of the embankment, and excavating and grading bottom and side contours to create a deeper wet extended detention pond, permanently impacting approximately 56,997 square feet (339 linear feet) of stream and 20,262 square feet of non-tidal wetlands, and temporarily impacting approximately 8,873 square feet of non-tidal wetlands. The project will involve approximately 4,473 cubic yards of material excavated from the pond and deposition of approximately 504 cubic yards of riprap and gabions to construct the forebays.  Outfall channel stabilization is not necessary as the principal spillway outfalls to a stable downstream channel. There will be no increase in pond size.

The project is proposed to improve pond storage and meet the Maryland Department of the Environment (MDE) and Prince George’s County design standards, in addition to the required water quality volume (WQv) for the existing impervious area.  The project exceeds the thresholds set forth under the Bay-TMDL Regional General Permit-1 and is therefore being reviewed as an Individual Permit.

The applicant has avoided and minimized impacts to aquatic resources to the maximum extent. No other pond location would allow for water quality improvements in this service area.  The pond must be deepened to increase the capacity of the facility and treat stormwater to improve water quality.

The applicant considers that the project is an environmental enhancement, therefore, no compensatory mitigation is proposed.

All work will be completed in accordance with the enclosed plan(s).  If you have any questions concerning this matter, please contact Ms. Connie Ramsey, Project Manager, at 410-962-5676 or .

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, U.S. Army Corps of Engineers, Baltimore District, Attn.: Ms. Connie Ramsey, CENAB-OPR-M, 2 Hopkins Plaza, Baltimore, Maryland 21201 within the comment period specified above.

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 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 does lie in or adjacent to EFH as described under MSFCMA.

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 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.

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.  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 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, U.S. Army Corps of Engineers, Baltimore District,
Ms. Connie Ramsey, Project Manager, Maryland Section Southern, 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 known 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