Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers NAB-2013-60644-M07 (MPA/DUNDALK MARINE TERMINAL/BERTH 3)
Baltimore District
PN 19-55 Comment Period: Aug 28, 2019 to Sep 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. Jeffrey Neumayer
Maryland Port Administration
401 East Pratt Street
Baltimore, Maryland 21202
WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed project is located in Colgate Creek, located at Dundalk Marine Terminal, Berth Three, 2200 Broening Highway, Dundalk, Baltimore City, Maryland.
PROPOSED WORK AND PURPOSE: The applicant proposes to replace an existing 655-foot long by 38-foot wide wharf with a new 655-foot long by 73-wide concrete wharf, including approximately 336 precast concrete support piles within a maximum of 30 feet channelward of the existing berth; and construct a new 655-foot long sheet pile replacement bulkhead landward of the existing timber bulkhead.
The purpose of the project is improve an existing marine terminal facility. All work will be completed in accordance with the enclosed plans dated February 2019.
APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION: As part of the planning process for the proposed project, steps were taken to ensure avoidance and minimization of impacts to waters of the United States to the maximum extent practicable. The applicant designed the project at the existing location to the meet the needs of the terminal facility. No compensatory mitigation is proposed for the project.
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 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 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 this project will also include application of the Clean Water Act 404(b)(1) Guidelines promulgated by the Administrator, U.S. Environmental Protection Agency.
ENDANGERED SPECIES: The lead federal agency is responsible for federal essential fish habitat coordination. A preliminary review of this application indicates that the proposed work is not likely to adversely 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 RESOURCES: The lead federal agency is responsible for federal essential fish habitat coordination. Pursuant to Section 106 of the National Historic Preservation Act of 1966 and applicable guidance, the Corps has reviewed of the latest published version of the National Register of Historic Places and initially determined that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work. The Corps final eligibility and effect determination will be based on coordination with the State Historic Preservation Office as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps’ identified permit area.
TRIBAL RESOURCES: The lead federal agency is responsible for tribal coordination. The Corps final eligibility and effect determination will be based on coordination with the State Historic Preservation Office and/or interested tribes, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps’ identified permit area.
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.
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.
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. The applicant must obtain any State or local government permits which may be required.
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 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 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 and are subject to release to the public through the Freedom of Information 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: 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. Written comments should reference the Application Number NAB-2013-60644-M07.
PUBLIC HEARING REQUESTS: 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, may be submitted by electronic mail or mailed to the following address, 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, who did not receive a copy of this notice. This public notice is being issued by the Chief, Regulatory Branch.