Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers NAB-2019-60851 (MD State Highway Administration/Woodfield
Baltimore District Mitigation Bank)
PN-19-45 Comment Period: July 18, 2019 to August 18, 2019
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC CONCERNING THE PROPOSED PROSPECTUS FOR DEVELOPMENT OF A PRIVATE COMMERCIAL MITIGATION BANK AND THE POTENTIAL OF THE PROPOSED MITIGATION BANK TO PROVIDE APPROPRIATE COMPENSATORY MITIGATION FOR ACTIVITIES AUTHORIZED BY DEPARTMENT OF THE ARMY AND STATE OF MARYLAND PERMITS.
We are requesting comments to determine if approval should be granted for the proposed Woodfield Mitigation Bank for the purpose of providing compensatory mitigation for unavoidable aquatic resource impacts, including wetlands, authorized by Department of the Army and Maryland Department of the Environment permits. At this time, no decision has been made as to whether or not a permit will be issued, or whether the proposed Woodfield Mitigation Bank site will be approved under Maryland Department of Transportation State Highway Administration’s (MDOT SHA) Umbrella Mitigation Banking Instrument (UMBI).
A complete application for work in waters of the United States or Waters of the State to construct the Woodfield Mitigation Bank site was received on May 9, 2019. The application indicates that there are waters of the United States or Waters of the State, including wetlands within the project area. These areas may be regulated pursuant to Section 404 of the Clean Water Act, the Maryland Nontidal Wetlands Protection Act, and the Maryland Waterway Construction Act, and the work described below may require Department of the Army and Maryland Department of the Environment authorization. A preliminary review indicates that the proposed work may qualify for U.S. Army Corps of Engineers authorization under Nationwide Permit (NWP) #27 (Aquatic Habitat Restoration, Establishment, and Enhancement Activities). NWP #27 has undergone a full public interest review as required by Corps regulations (33 CFR 320.4(a)), and NEPA documentation has been prepared that addresses environmental considerations.
A copy of the UMBI Woodfield Mitigation Bank– Mitigation Site Plan is available at: http://www.nab.usace.army.mil/Missions/Regulatory/PublicNotices.aspx, https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/Woodfield-Mitigation-Bank, and as an attachment to the electronic copy of this public notice. Those receiving a hard copy of this public notice who desire a copy of the proposed Mitigation Site Plan may either access the above website link or, may request a hard copy of the document by contacting Mr. Jack Dinne, Baltimore District, U.S. Army Corps of Engineers at 410.962.6005 (john.j.dinne@usace.army.mil) or Ms. Kelly Neff, Maryland Department of the Environment, Wetlands and Waterways Program at 410.537.4018 (kelly.neff@maryland.gov). The Mitigation Site Plan provides a summary of the information regarding the proposed mitigation banking instrument and the Woodfield Mitigation Bank site in accordance with the Department of Defense/Environmental Protection Agency Final Rule on Compensatory Mitigation for Losses of Aquatic Resources (33 CFR Parts 325 and 332 and 40 CFR Part 230). Oversight of this mitigation bank will be undertaken by the Maryland Interagency Review Team (IRT), which is comprised of Federal and State regulatory and resource agencies.
The Baltimore District, U.S. Army Corps of Engineers serves as chair of the IRT, and the Maryland Department of the Environmental (MDE) as co-chair the IRT.
APPLICANT: Mr. Kevin Wilsey
Maryland Department of Transportation
State Highway Administration
707 North Calvert Street
Baltimore, Maryland 21202
WATERWAY AND LOCATION OF THE PROPOSED WORK: The Woodfield Mitigation Bank is located in Great Seneca Creek west of MD 124 (Woodfield Road), approximately 0.21 mile south of the Watkins Rd/MD 124 intersection, in Montgomery County, Maryland (39.233816 N, ‑77.180934 W).
BANK DESCRIPTION: The proposed Woodfield Mitigation Bank would provide compensatory mitigation for unavoidable wetland impacts for Maryland Department of Transportation, State Highway Administration (MDOT SHA) projects authorized by a Section 404 Clean Water Act permit, a Maryland Nontidal Wetlands Protection Act permit and/or a Maryland Waterways Construction Act permit. The mitigation bank would be used to comply with required special conditions for compensatory mitigation of permitted projects by providing in-kind compensation for authorized aquatic resource impacts. The Woodfield Wetland Creation was initially constructed by MDOT SHA in 2013 to provide wetland and stream mitigation credits as part of the mitigation for the MD 200 toll road (Intercounty Connector-ICC). However, due to avoidance and minimization for the MD 200 project, only 1.5 acres at the Woodfield site are needed as mitigation. The site is now being further restored by proposing a stream restoration on Great Seneca Creek and its tributary. Great Seneca Creek, a perennial tributary, with oxbows, and adjacent wetlands would be impacted by the proposed work. The perennial streams are classified by the State of Maryland as Use IP: Water Contact Recreation, and Protection of Aquatic Life, and the project is occurring in the Seneca Creek watershed.
The 2013 Woodfield Wetland Creation project and the proposed stream restoration project are comprised of approximately 5,279 linear feet of stream restoration, 21.84 acres of wetland creation, 3.46 acres of wetland enhancement, and 10.04 acres of wetland preservation within a 48.27 acre site owned by MDOT SHA and would have restricted covenants placed upon it following permit approval. The mitigation bank may only be used for future MDOT SHA projects after all appropriate and practicable steps to avoid and minimize adverse impacts to aquatic resources, including wetlands and streams, have been demonstrated.
The proposed geographic primary service area for the bank is the Middle Potomac-Catoctin Watershed (Federal 8 digit Hydrologic Unit Code (HUC) 02070008) and the secondary service area is the Piedmont ecoregion of the Monocacy watershed (HUC 020070009) and the Piedmont ecoregion of the Middle Potomac-Anacostia-Occoquan (HUC 02070010).
WORK REQUIRING DEPARTMENT OF THE ARMY AND MARYLAND DEPARTMENT OF THE ENVIRONMENT AUTHORIZATION: A preliminary jurisdictional determination has been requested for the proposed mitigation bank site. The proposed work may temporarily or permanently impact jurisdictional waters of the United States and Waters of the State, including wetlands, and may qualify for Corps authorization under Nationwide permit (NWP) #27 and an MDE authorization. The stream restoration project would permanently impact approximately 0.0004 acres (19 square feet) of emergent nontidal wetlands, 0.04 acres (1,858 square feet) of nontidal open water, 0.56 acres (24,032 square feet) of forested nontidal wetlands, and 0.05 acres (2,749 square feet) of 25-foot nontidal wetland buffer. The project would also temporarily impact 0.45 acres (19,878 square feet) of emergent nontidal wetlands, 0.03 acres (1,666 square feet) nontidal open water, and 9.27 acres (404,174 square feet) of forested nontidal wetlands, 0.45 acres (19,429 square feet) of 25-foot nontidal wetland buffer, and 13.47 acres (587,035 square feet) of disturbance in the 100-year floodplain. Impacts to 4,442 linear feet (81,933 square feet) of perennial streams will be classified as temporary impacts for MDE and permanent impacts for the U.S. Army Corps of Engineers. Any impact to jurisdictional streams and/or wetlands must be approved by the U.S. Army Corps of Engineers and MDE prior to commencing any regulated construction activities.
The final umbrella mitigation banking instrument does not provide ultimate Department of the Army or MDE authorization for specific future projects impacting waters of the United States or Waters of the State; exclude such future projects from any applicable statutory or regulatory requirements; or preauthorize the use of credits from the bank for any particular project. The Corps and MDE provide no guarantee that any particular individual or general permit will be granted authorization to use this Mitigation Bank to compensate for unavoidable aquatic resource impacts associated with a proposed permit, even though compensatory mitigation may be available within the defined service area.
The decision whether to approve this mitigation bank and issue a permit for the impacts to waters of the United States will be based on an evaluation of the probable impacts including cumulative impacts of the proposed bank 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 application screening form indicates that the proposed work would not affect listed species or their critical habitat pursuant to Section 7 of the Endangered Species Act, as amended. As the evaluation of this proposal continues, additional information may become available which could modify this preliminary determination.
The application screening form indicates that the proposed work would not affect any cultural resources. Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the requested permit for the mitigation bank construction. As the evaluation of this proposal continues, additional information may become available which could modify this preliminary determination.
The applicant must obtain any State or local government permits which may be required.
If you have any questions concerning this matter, or require a hardcopy of the Mitigation Site Plan, please contact Mr. Jack Dinne, Baltimore District, U.S. Army Corps of Engineers at 410.962.6005 (john.j.dinne@usace.army.mil) or Ms. Kelly Neff, Maryland Department of the Environment, Wetlands and Waterways Program at 410.537.4018 (kelly.neff@maryland.gov).
Requests to be included on the interested persons list must be sent by August 15, 2019 to the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230 or to kelly.neff@maryland.gov or 410-537-4018. Any further notices concerning actions on the application will be provided only by mail to those persons on the interested persons list. Please refer to Subsection 5-907 of the Annotated Code of Maryland or the Code of Maryland Regulations 26.23.02 for information regarding the application process.
Please forward this information to any interested parties.
WRITTEN COMMENTS: Written comments concerning the activity described above must be submitted directly to the District Engineer, U.S. Army Corps of Engineers, Baltimore District, CENAB-OP-RMN Attn: Mr. Jack Dinne, 2 Hopkins Plaza, Baltimore, Maryland, 21201 and/or Attn: Ms. Kelly Neff, Maryland Department of the Environment, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230-1708, or by email to john.j.dinne@usace.army.mil and/or kelly.neff@maryland.gov, within the comment period as specified above to receive consideration. This public notice is issued by the Chief, Regulatory Branch.