US Army Corps of Engineers
Baltimore District Website

PN 20-49 NAB-2018-60638 (WBLH, LLC/Locust Hill) Prince George's

USACE
Published Aug. 3, 2020
Expiration date: 8/24/2020

                    Public Notice                   

U.S. Army Corps             In Reply to Application Number

of Engineers                    NAB-2018-60638 (WBLH, LLC/Locust Hill)

Baltimore District                     

PN 20-49                                Comment Period: August 03, 2020 to August 24, 2020

THE PURPOSE OF THIS PUBLIC NOTICE IS TO INFORM INTERESTED PARTIES OF THE PROPOSED ACTIVITY AND TO SOLICIT COMMENTS.  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 404 of the Clean Water Act (33 USC 1344),as described below:

APPLICANT:                 WBLH, LLC

7164 Columbia Gateway Drive, Suite 230

                                        Columbia, MD 21046

WATERWAY AND LOCATION OF THE PROPOSED WORK:

The proposed project is located in Collington Branch in Upper Marlboro, Prince George’s County, Maryland.  (38° 52’ 03.40”, -76° 45’ 24.56”)

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. .  To create residential development. 

PROJECT DESCRIPTION:  To develop the infrastructure for the proposed Locust Hill subdivision by conducting the following work:  to widen Leeland Road to 11-foot or 12-foot wide travel lanes, with a 5-foot wide paved shoulder, 10.5-foot path, variable width green strip, and a channel to reduce flooding and sediment accumulation on the road temporarily impacting approximately 29,128 square feet and permanently impacting approximately  785 square feet of nontidal wetlands and permanently impacting approximately 4,313 square feet along 1,324 linear feet of stream; to construct 2 roadway connections to Leeland Road permanently impacting approximately 3,441 square feet along 425 linear feet of stream channel; to  install stormwater outfalls permanently impacting approximately 507 square feet of wetlands; to install sewer lines temporarily impacting approximately 530 square feet of wetlands and temporarily impacting approximately 2,321 square feet along 177 linear feet of stream channel; and to construct a recreation trail temporarily impacting approximately 161 square feet along 27 linear feet of stream channel and permanently impacting approximately 361 square feet along 69 linear feet of stream channel.  

The temporary impacts are for construction access and sanitary sewer installation.

The work is proposed in accordance with the enclosed plans.

EFFECTS ON AQUATIC RESOURCES:

Activity

Temporary Wetland Impact (Sq. Ft.)

Permanent

Wetland Impact

(Sq. Ft)

Temporary Stream Impact (Sq. Ft.)

Temporary

Stream

Impact

(Ln. Ft.)

Permanent Stream Impact (Ln. Ft.)

Permanent Stream Impact (Sq. Ft.)

Permit

Authority

Sewer line crossings

530

 

2321

177

0

0

404

Internal road crossings

0

 

0

0

425

3441

404

Stormwater outfalls

0

507

0

0

0

0

404

Recreation Trail

0

0

161

27

39

361

404

Leeland Road Improvements

29,128

785

0

0

1324

4313

404

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.

APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:  Steps were taken to ensure avoidance and minimization of impacts to waters of the United States to the maximum extent possible.  The proposed residential development avoids the majority of aquatic resources present on the site. Proposed impacts for the widening of Leeland Road were reduced by narrowing the road section adjacent to Collington Branch from 4 to 2 lanes.  Compensatory mitigation is not being proposed by the applicant.  

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 will have no effect 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 is not located 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 have no effect on EFH.  The Baltimore District has made a preliminary determination that mitigative measures are not 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 would have no effecton 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.

MODIFICATION OF CIVIL WORKS PROJECTS:  33 USC 408 (SECTION 408):  All Section 408 proposals will be coordinated internally at USACE.  The Section 408 decision will be issued along with the Section 404 and/or Section 10 decision.  Please see the following link for more information regarding Section 408: https://www.nab.usace.army.mil/section408/.

WATER QUALITY CERTIFICATION:  The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act.   

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 electronic submission to the project manager email address below. Written comments should reference the Application Number NAB 2018-60638.

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:

Mr. Steve Harman
steve.harman@usace.army.mil
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
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 https://www.nab.usace.army.mil/Missions/Regulatory.aspx.  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 Mr. Steve Harman, at 410-962-6082, or at steve.harman@usace.army.mil.  This public notice is issued by the Chief, Regulatory Branch.