Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers NAB-2018-60174-M30 (MTA/Nice Bridge
Baltimore District Replacement) - Modification
PN-23-46 Comment Period: October 19, 2023 to November 3, 2023
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 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:
Maryland Transportation Authority (MDTA)
c/o Mr. Brian Wolfe
Director of Project Development
Office of Engineering and Construction
8019 Corporate Drive, Suite F
Nottingham, Maryland 21236
WATERWAY AND LOCATION OF THE PROPOSED WORK:
The proposed project is located in the Potomac River at the existing Nice Bridge, in Newburg, Charles County, Maryland (Project Latitude: 38.363889 N;
Longitude: -76.981667 W)
OVERALL PROJECT PURPOSE:
The overall purpose of the project is to replace the existing Governor Harry W. Nice/Senator Thomas “Mac” Middleton Bridge with a new structure and subsequently demolish the existing structure once the new structure has been opened to traffic.
PROJECT DESCRIPTION:
The applicant is proposing a modification to the approved bridge removal plans for the use of subaqueous blasting means and methods to include removing a total of five (5) deep-water concrete piers (Piers 14-18) associated with the replacement bridge project and as outlined in the attached blasting/demolition plan.
LEAD FEDERAL AGENCY:
The Federal Highway Administration (FHWA), 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 reviewed multiple methods of removal of the proposed structures and reduce impacts to the river bottom. Due to the depths of the existing piers, it was determined that mechanical removal would be dangerous and impracticable. Leaving the piers in place would potentially cause a navigational hazard and would increase the original impacts by approximately 17,000 square feet.
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, United States Environmental Protection Agency.
ENDANGERED SPECIES:
As the lead federal agency, the FHWA is reviewing the project for potential impacts on federally listed threatened or endangered species and their designated critical habitat pursuant to Section 7 of the Endangered Species Act as amended. FHWA is coordinating with the NMFS and/or United States Fish and Wildlife Service on listed species. As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.
ESSENTIAL FISH HABITAT:
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 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. Further consultation with the National Marine Fisheries Service regarding EFH conservation recommendations is being conducted by FHWA as the lead federal agency.
HISTORIC RESOURCES:
The FHWA is the lead federal agency for coordination of impacts to historic resources under Section 106 of the National Historic Preservation Act. The applicant coordinated with the Virginia Department of Historic Resources, the Maryland Historical Trust and the Advisory Council on Historic Preservation and entered into a Programmatic Agreement in 2011 to allow for the phased final identification, evaluation, and determination of effects on terrestrial and underwater archeological resources pending the completion and results of ongoing archeological identification and evaluation studies. The Programmatic Agreement identified four properties in Maryland and one in Virginia that are eligible for listing on the National Register of Historic Places. Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the requested permit.
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. 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 the United States Army Corps of Engineers. 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/Missions/Regulatory/Section-408-Requests/.
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 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 United States 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-2018-60174-M30 (MTA/Nice Bridge Replacement).
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:
Erica Schmidt
erica.schmidt@usace.army.mil
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 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 Ms. Erica Schmidt at 410-962-6029 or erica.schmidt@usace.army.mil. This public notice is issued by the Chief, Regulatory Branch.