Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers CENAB-OPR-MN 2018-62065-M07 (BGE Key Crossing
Baltimore District Reliability Initiative / 230 kV Overhead
Transmission Line)
PN 19-32 Comment Period: May 28, 2019 to June 28, 2019
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. Jim Burkman
Baltimore Gas & Electric Company
1699 Leadenhall Street
Baltimore, Maryland 21230
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed project is located in the Patapsco River, north of the Francis Scott Key (FSK) Bridge from Hawkins Point to Sollers Point, Anne Arundel County, Baltimore County and Baltimore City, Maryland.
PROPOSED WORK AND PURPOSE: The applicant proposes to replace the deteriorating underground 230 kV high-pressure fluid filled (HPFF) transmission cables that cross under the Patapsco River, between Hawkins Point and Sollers Point, immediately north of the FSK Bridge, with a new overhead 230 kV transmission lines, and decommission the existing terminal stations at Hawkins Point and Sollers Point. The project would involve the construction of eight monopole transmission tower structures including three land-based towers (Towers 1, 7 & 8) and five water-based towers (Towers 2, 3, 4, 5 & 6) with vessel collision protection structures across the Patapsco River. The new transmission cables would extend approximately 10,572 feet across the Patapsco between the mean high water shorelines on each side of the river. Replacement of the existing 230 kV cables would include the construction and energization of the overhead lines, which consists of six (6) double-bundle of 1.41-inch diameter conductor lines (totaling 12 lines), two (2), 0.56-inch diameter shield wires, eight (8) monopole towers including three (3) land-based towers and five (5) water-based towers, the decommissioning of the existing 230 kV HPFF cables, and the decommissioning of the terminal stations at Hawkins Point and Sollers Point.
Tidal impacts would result from filling activities associated with access, construction of Towers 2 through 6, and associated vessel collision protection structures. The maximum vertical sag clearance of the transmission lines above mean high water would be approximately 231 feet between Towers 3 and 4. The work would result in permanent impacts to approximately 2,048 square feet/0.05 acres and temporary impacts to approximately 126,870 square feet/2.91 acres of the Patapsco River. The proposed approximate 1.24 acres of water-based tower structures including vessel collision protection structures are pile supported with open frame concrete platforms as described below:
- Tower 2 consists of a 220-foot tall tower over a 29-foot 9-inch by 29-foot 9-inch platform by 20-foot 9.4-inch high platform, and two 12-foot by 12-foot protective dolphins;
- Tower 3 consists of a 380-foot tall tower over a 81.5-foot by 64-foot by 17-foot 7.3-inch high platform, and an 11-foot wide protection structure surrounding the entire platform creating a perimeter ring structure with a maximum length of 201 feet and a maximum width of 134 feet;
- Tower 4 consists of a 380-foot tall tower over a 81.5-foot by 64-foot by 17-foot 7.3-inch high platform and an 11-foot wide protection structure surrounding the entire platform creating a perimeter ring structure with a maximum length of 256 feet and a maximum width of 154 feet;
- Tower 5 consists of a 205-foot tall tower over a 29-foot 9-inch by 29-foot 9-inch platform by 20-foot 9.4-inch high platform and an 11-foot wide protection structure surrounding the entire platform creating a perimeter ring structure with a maximum length of 62 feet and a width of 62 feet; and
- Tower 6 consists of a 184-foot 8-inch tall tower over a 26-foot by 26-foot platform by 20-foot 9.4-inch high platform.
Nontidal wetland impacts would result from site access, clearing, grading, and construction of land-based Towers 1, 7 and 8. The work would result in permanent conversion to approximately 22,259 square feet/0.51 acres of forested nontidal wetlands to emergent nontidal wetlands; permanent conversion to approximately 4,608 square feet/0.11 acres of scrub-shrub nontidal wetlands to emergent nontidal wetlands; and temporary impacts to approximately 142 square feet of scrub-shrub nontidal wetlands.
The purpose of the project is to construct overhead 230 kV transmission lines within the Anne Arundel County, Baltimore County and Baltimore City area. All work will be completed in accordance with the enclosed plans dated April 2019. If you have any questions concerning this matter, please contact Ms. Maria N. Teresi, CENAB-OPR-M, 2 Hopkins Plaza, Baltimore, Maryland, 21201 or maria.teresi@usace.army.mil
As part of the planning process for the proposed projects, steps were taken to ensure avoidance and minimization of impacts to waters of the United States to the maximum extent practicable. Several design iterations have identified a minimization of impacts to aquatic resources. Through preapplication consultation with the agencies, the applicant has reduced the permanent impacts to tidal waters by 7% and nontidal wetlands by 28%. Compensatory mitigation is being proposed by the applicant for the impacts associated with the proposed fill activities. Specifically, the applicant proposes to create and enhance approximately 706 linear feet of living shoreline (0.46 acres marsh creation and 0.25 acres of enhancement) at Chestnut Hill Cove in Anne Arundel County to compensate for tidal impacts, and use a pending mitigation bank to compensate for nontidal wetland impacts or use an alternative location within the watershed to create 0.70 acres of nontidal wetlands.
The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts of the proposed activities on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, 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 proposals 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 these proposed activities. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny permits for these proposals. 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 these actions. 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. Maria N. Teresi, CENAB-OPR-M, 2 Hopkins Plaza, Baltimore, Maryland, 21201 or maria.teresi@usace.army.mil 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 lies in or adjacent to EFH as described under MSFCMA for windowpane flounder (Scopthalmus aquosos) juvenile and adult; blue fish (Pomatomus saltatrix) juvenile and adult; summer flounder (Paralicthys dentatus) juvenile and adult; and egg, larvae, juvenile and adult stages of red drum (Sciaenops ocellatus), king mackerel (Scomberomorus cavalla), spanish mackerel (Scomberomorus maculates), and cobia (Rachycentron canadum), all managed species under the MSFCMA.
The project has the potential to adversely affect EFH or the species of concern by loss of spawning, nursery, forage and/or shelter habitat as described under the MSFCMA for the species and life stages identified above. This habitat consists of a mostly sand and silt substrate which does not support submerged aquatic vegetation (SAV). According to the Maryland Aquatic Siting Tool survey maps, there is no SAV within the project area. The Baltimore District has made a preliminary determination that site-specific impacts would not be substantial and an abbreviated consultation will be conducted with NMFS. No mitigative measures are recommended at this time to minimize adverse effects on EFH. This preliminary determination may be modified if additional information indicates otherwise and could change the Corps’ preliminary determination.
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. MDE 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.
ENDANGERED SPECIES: 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.
CULTURAL RESOURCES: Review of the latest published version of the National Register of Historic Places indicates that no registered properties listed as eligible for inclusion, therein, is 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.
SECTION 408: The Corps is reviewing the proposed activity, pursuant to 33 USC 408 (Section 408). A determination has not been made at this time.
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: Ms. Maria N. Teresi, CENAB-OPR-M, 2 Hopkins Plaza, Baltimore, Maryland, 21201 or maria.teresi@usace.army.mil, within the comment period as specified above to receive consideration. Also, it must clearly set forth the interest which may be adversely affected by these activities 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