PN 19-62 NAB-2018-61459 (Dichiara, John/Bird River Spur #50 Dredging) Baltimore County, Maryland

Published Sept. 23, 2019
Expiration date: 10/23/2019

                                                Public Notice
U.S. Army Corps                 In Reply to Application Number
of Engineers                        NAB-2018-61459 (Dichiara, John / Bird River Spur
Baltimore District               #50 Dredging)

PN 19-62                               Comment Period: September 23, 2019 to October 23, 2019


This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344), as described below:

APPLICANT:          Mr. John Dichiara
                                11235 Beach Road
                                White Marsh, Maryland  21162

WATERWAY AND LOCATION OF THE PROPOSED WORK: The proposed project is located in Bird River, at 11235 Beach Road, White Marsh, Baltimore County, Maryland. (Latitude 39.385636 N / Longitude -76.410308 W).

PLEASE NOTE: This spur channel is associated with Baltimore County Department of Environmental Protection and Sustainability’s Bird River dredging application, NAB-2018-61083, currently under evaluation to dredge main channels and 48 spur channels. This spur, Spur 50, is located off of the proposed Main Channel Segment “D”, and adjacent to Spur 28 for Dorothy Irwin.

OVERALL PROJECT PURPOSE: See HQ SOP, July 2009, Section 12 and 33 CFR 325 App B 9(b)(4)  The Corps makes the determination of overall project purpose using the information provided by the applicant.  The overall project purpose is more specific than the basic project purpose and will help establish the geographic scope of the alternatives review.  The overall project purpose should be specific enough to define the applicant’s needs, but not so restrictive as to preclude all discussion of alternatives. . The overall project purpose is to improve navigable access to an existing private pier at 11235 Beach Road, White Marsh, Maryland, by restoring the spur channel to the depths previously authorized and dredged between 2002 and 2004.

PROPOSED WORK: Proposed impacts to Section 10/404 aquatic resources consists of mechanically and/or hydraulically dredging to 3.5 feet below MLW, approximately 70 cubic yards of bottom sediments from a 71 ft. long by 26 ft. wide (1,823 sq. ft.) private spur channel. The dredged material is to be transferred mechanically and/or hydraulically to Baltimore County’s Bird River Creek Dredged Material Placement site. The dredging will impact 1,823 sq. ft. of submerged aquatic vegetation that was identified by surveys in 2016 and 2017. The applicant has requested a 10-year maintenance dredging clause.  The work is proposed in accordance with the enclosed plans dated August 2018.

LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers (USACE), as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.

APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION: The applicant has limited the proposed dredging to that area and depth that was previously authorized and dredged. Compensatory mitigation is not being proposed by the applicant at this time for the proposed dredging.

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 impact of this project will also include application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, U.S. Environmental Protection Agency.

ENDANGERED SPECIES: The lead federal agency is responsible for Endangered Species Act coordination. A preliminary review of this application indicates that the proposed work is not likely to adversely affect Federally-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.

ESSENTIAL FISH HABITAT: The lead federal agency is responsible for Essential Fish Habitat coordination. 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), including species of concern, life cycle habitat, or Habitat Areas of Particular Concern. The project site lies in or adjacent to EFH as described under MSFCMA for managed species under the MSFCMA. The Baltimore District has made a preliminary determination that the project will not have a substantial adverse effect on EFH. The Baltimore District has made a preliminary determination that mitigative measures are required to minimize adverse effects on EFH at this time. This determination may be modified if additional information indicates otherwise.

HISTORIC RESOURCES: The lead federal agency is responsible for historic resources coordination. Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966 and applicable guidance, the Corps has reviewed 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 has made the preliminary determination that the proposed project has no potential to cause effectson historic properties. 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: Section 106 of the NHPA also requires federal agencies to consult with federally-recognized American Indian tribes that attach religious and cultural significance to historic properties that may be affected by the agency’s undertaking.  The lead federal agency is responsible for tribal coordination. Corps Tribal Consultation Policy mandates an open, timely, meaningful, collaborative, and effective deliberative communication process that emphasizes trust, respect, and shared responsibility.  The policy further emphasizes that, to the extent practicable and permitted by law, consultation works toward mutual consensus and begins at the earliest planning stages, before decisions are made and actions taken. The Corps’ final eligibility and effect determination will be based on coordination with interested tribes, in accordance with the Corps current tribal standard operating procedures as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on tribal resources.

WATER QUALITY CERTIFICATION: The applicant is required to obtain a water quality certification (WQC) for this project in accordance with Section 401 of the Clean Water Act from the Section 401 certifying agency, 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 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 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 U.S. Army Corps of Engineers, Baltimore District within the comment period specified above through postal mail at the address below or by electronic submission to the project manager email address below. Written comments should reference the Application Number, NAB-2018-61459-M04 (Dichiara, John / Bird River Spur #50 Dredging).

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, 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:

                                                        Abigail Hopkins
                                             U.S. Army Corps of Engineers, Baltimore District
                                             Regulatory Branch, Maryland Section Northern
                                             2 Hopkins Plaza
                                             Baltimore, MD 21201

It is requested that you communicate this information concerning the proposed work to any persons known by you to be interested, who did not receive a copy of this notice.

General information regarding the Corps’ permitting process can be found on our website at This public notice has been prepared in accordance with Corps implementing regulations at 33 CFR 325.3. If you have any questions concerning this specific project, or would like to request a paper copy of this public notice, please contact the project manager, Abbie Hopkins, by email at or phone (410.962.6080).

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