PN 19-22 NAB-2018-61970 (HERITAGE GREEN DEVELOPMENT) Charles County, Maryland

Published May 1, 2019
Expiration date: 5/22/2019

                        Public Notice
U.S. Army Corps              In Reply to Application Number
of Engineers                    NAB-2018-61970 (Heritage Green/Development)
Baltimore District           


PN 19-22                          Comment Period: May 1, 2019 to May 22, 2019

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 Development, LLC
                          1420 Beverly Road, Suite 310
                          McLean, Virginia 22101

WATERWAY AND LOCATION:  All work is proposed in Clark Run and unnamed tributaries and nontidal wetlands at the Heritage Green Development in La Plata, Charles County, Maryland.

PROPOSED WORK AND PURPOSE:  The applicant proposes to construct a development consisting of residential homes, commercial, flex office space, light industrial buildings, retail space, community recreation facilities and a school. The project would include parking lots, road crossings, lot fill, culverts, utilities and stormwater management facilities, temporary construction access, and dewatering. The project would permanently impact approximately 301,690 square feet (6.93 acres) of nontidal wetlands, and 36,626 square feet along 3,452 linear feet of stream and temporarily impact approximately 23,057 square feet of nontidal wetlands and 4,671 square feet along 247 linear feet of stream. The applicant proposes to restore existing stream channels by removing old culverts and stabilize the banks and add habitat functions to the tributaries within the development and to expand wetlands within the property boundaries north of Rosewick Road in accordance with the mitigation plans dated November 2018.  

At this time Phase 1 & 3 of the development has been approved by the county and will be developed first these impacts include Impacts 1, 2, 8, 9, 17, 22, 23, and 42 which totals 237,734 SF (5.45 acres of wetland) and 1,583 LF of waters of the US. in accordance with the attached plans dated April 2019, the rest of the proposed impacts are still conceptual which will be finalized as the project progresses.  

The proposed project is to provide for residential, commercial, and light industrial development.

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 based on the existing site conditions.  The applicant proposes to use existing old mining roads for updated road crossings to minimize impacts to the on-site tributaries. In addition, a previous Corps permit 2006-63551(HERITAGE GREEN DEV LLC/RD XINGS, CULVERT) was issued August 2008 for the proposed project that included impacts for a golf course and additional housing units and development reducing the impacts by approximately 2 acres to jurisdictional areas. The golf course and housing units were eliminated. That permit expired December 2015.

The applicant proposes to enhance existing nontidal wetlands and create nont-tidal wetlands mitigation on the property north of Route 6 adjacent to existing nontidal wetlands and waters of the U.S. The applicant also proposes to conduct stream restoration activities at various onsite unnamed tributaries.

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, U.S. Army Corps of Engineers, Baltimore District, [Attn: Mrs. Erica Schmidt, CENAB-OPR-M], 2 Hopkins Plaza, Baltimore, Maryland 21201 or, 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 affect Essential Fish Habitat (EFH). The project site does not lie in or adjacent to EFH as described under the 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 Maryland Department of the Environment, Tidal Wetlands Division, Montgomery Park Business Center, 1800 Washington Blvd., Suite 430, Baltimore, Maryland 21230 within the comment period as specified above to receive consideration.  The 401 certifying agency has a statutory limit of one year 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 the Maryland Coastal Zone Program.  This certification statement is available for inspection in the District Office; however, public comments relating to consistency must be received by the Tidal Wetlands Division, Maryland Department of the Environment, Montgomery Park Business Center, 1800 Washington Blvd. Suite 430, Baltimore, Maryland 21230, within the comment period as specified above.  It should be noted that the MDE has a statutory limit of 6 months in which to make its consistency determination.

The applicant must obtain any State or local government permits which may be required.

ENDANGERED SPECIES ACT:  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 because no species or habitat are present within the permit area.  As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.

NATIONAL HISTORIC PRESERVATION ACT:  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 requested permit.

The evaluation of the impact of the work described above 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 District Engineer must receive the request, which must be in writing, to the U.S. Army Corps of Engineers, Baltimore District, 2 Hopkins Plaza, Baltimore, Maryland 21201, within the comment period as specified as above to receive consideration.  Also, it must clearly state the interest that may be adversely affected by this activity and 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.  If you have any questions concerning this matter, please contact Mrs. Erica Schmidt at (410) 962-6029 or




                                                           KATHY B. ANDERSON
                                                           Chief, Maryland Section Southern