PN 19-52 NAB-2019-60945 (Howard County DPW/Shallow Run Sewer Replacement) Howard County, Maryland

Published Aug. 8, 2019
Expiration date: 9/8/2019

                      Public Notice
U.S. Army Corps       In Reply to Application Number
of Engineers              CENAB-OPR-M-38 (Howard County DPW/Shallow Run Sewer
Baltimore District     Replacement) 2019-60945-M38

PN 19-52                     Comment Period: August 08, 2019 to September 08, 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. Kin Siew, P.E.
                               Howard County Department of Public Works, Utility Design Division
                               7125 Riverwood Drive, Suite B
                               Columbia, Maryland 21046

WATERWAY AND LOCATION: The proposed project is located within the Shallow Run stream corridor, near 5858 Bellanca Drive, Elkridge, Howard County, Maryland.

PROPOSED WORK: To replace an existing sewer ranging from 8 to 18 inches in diameter, in the Shallow Run stream corridor from Hanover Road south of Hi Tech Drive in Hanover to just north of Bellanca Drive in Elkridge, Howard County, Maryland. The sewer will be replaced and upsized in the same trench where feasible. A 20-foot wide portion of the easement will be permanently maintained, with plantings proposed in the outer 5 feet of each side of the easement within wetlands and buffers. The project will result in a total of 2.04 acres of temporary non-tidal wetland impact (1.07 acres PEM and 0.97 acres of PFO). Approximately 1.07 acres of PEM wetland will be restored as PEM wetland and 1.07 acres of wetland will be restored as PFO wetland by replanting trees. There will be no permanent wetland conversion or wetland loss associated with this project. Finally, stream banks and stream crossings will be stabilized to prevent erosion and protect the sewer infrastructure. The project will result in 1,935 lf of temporary stream impact associated with sewer line stream crossings and 1,284 lf of permanent stream impact associated with stabilizing eroding stream bank. There will be no permanent stream loss associated with this project.

All work will be completed in accordance with the enclosed plans dated May, 2019.

CORPS EVALUATION REQUIREMENTS: This project will be evaluated pursuant to Corps Regulatory Program Regulations (33 CFR Parts 320-332). 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 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.

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, 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.

FEDERALLY LISTED 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.

HISTORIC AND ARCHEOLOGICAL 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, 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.

SUBMISSION OF COMMENTS: 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: Mr. Donald Bole, CENAB-OPR-M], U.S. Army Corps of Engineers, 2 Hopkins Plaza, Baltimore, MD 21201 or, within the comment period specified above. Written comments should reference the Public Notice Number and Application Number cited at the top of this Public Notice.

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 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. The public hearing request may be submitted by electronic mail or mailed to the following address:  Donald Bole, U.S. Army Corps of Engineers, Baltimore District, Regulatory Branch, 2 Hopkins Plaza, Baltimore, Maryland 21201.

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.

If you have any questions concerning this matter, please contact Donald Bole at 410-962-6079 or e-mail email.

This public notice is issued by the Chief, Regulatory Branch.