PN-20-06 NAB-2019-61334-M15 (RES BMP 030269/TMDL/BayFund)

Published Feb. 4, 2020
Expiration date: 2/20/2020

                    Public Notice
U.S. Army Corps            In Reply to Application Number:
of Engineers                  NAB-2019-61334-M15 (RES BMP 030269/TMDL/Bay Fund)
Baltimore District
PN 20-06                         Comment Period: February 4, 2020 to February 20, 2020


APPLICANT:   Resource Environmental Solutions
                         Attn: Ms. Jennifer Hatchett
                         1408 B Roseneath Road
                         Richmond, VA 23230

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed project is located in an unnamed tributary impoundment of Gwynns Falls in Owings Mills, Baltimore County, Maryland.

OVERALL PROJECT PURPOSE:  To retrofit an existing online Maryland Department of Transportation State Highway Administration stormwater management facility, BMP 030269, in an unnamed tributary to Gwynns Falls, Owings Mills, Maryland.

PROPOSED WORK:  For the purposes of meeting State Highway Administration’s Chesapeake Bay Total Maximum Daily Load nutrient and sediment target goal reductions, Resource Environmental Solutions proposes to change BMP 030269 from a dry detention pond to an extended wet detention pond.  The proposed retrofit includes the installation of a new riser structure with a Real Time Control and the abandonment of the existing stone filled wire basket (outfall) structure; removing the existing inlet and storm drain and installing a new rip-rap channel; excavating a new sediment forebay and permanent pool area; and, grading a new ditch and existing ditches around the pond bottom and grading the new riser.  The proposed work will permanently impact approximately 42 linear feet (811 square feet) of perennial stream, 173,519 square feet of open water, 1,423 square feet of forested nontidal wetlands, and 890 square feet of emergent nontidal wetlands.  The work will also temporarily impact approximately 229 linear feet (3,368 square feet) of perennial stream, 41 linear feet (388 square feet) of ephemeral stream, and 25,268 square feet of emergent nontidal wetlands.  The on-line stormwater management pond is located approximately 1.5 miles north of the I-695 and I-795 intersection in Owings Mills, Baltimore County, Maryland.

All work will be completed in accordance with the enclosed plans submitted with the Joint Permit Application.

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

If you have any questions concerning this matter, please contact Mr. Jack Dinne, at (410) 962-6005 or e-mail at

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 may reasonably 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 the work described above on the public interest will include the application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act.

ENDANGERED SPECIES:  The lead federal agency is responsible for Endangered Species Act coordination.  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.

The applicant must obtain any other state and local permits/approvals which are required for the proposed activities.

HISTORIC RESOURCES: The lead federal agency is responsible for historic resources coordination. Pursuant to Section 106 of the National Historic Preservation Act of 1966 and applicable guidance, the Corps has reviewed the latest published version of the National Register of Historic Places and initially determined that the proposed project will not affect properties listed as eligible for inclusion.  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 National Historic Preservation Act 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, in accordance with Section 401 of the Clean Water Act.

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 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 electronic submission to the project manager email address below.  Written comments should reference the Application number 2019-61334.

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 state forth the interest which may be adversely affected by this activity in the manner in which the interest may be adversely affected.  The public hearing request may be submitted by electronic mail or regular mail to the following address:

U.S. Army Corps of Engineers
Baltimore District
Attn:  Mr. Jack Dinne-Regulatory
2 Hopkins Plaza
Baltimore, Maryland 21201
or e-mail:

It is requested that you communicate this information concerning the proposed work to any persons known by you to be interested, but may not have not received a copy of this public notice.

If you have any questions concerning this specific project, or would like to request a paper copy of this public notice, please contact Mr. Jack Dinne, at (410) 962-6005 or e-mail at

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