PN-24-27 LRP-2014-00523 (PennDOT/MDOT SHA State Route 6219 Section 050, Meyersdale, Pennsylvania to Old Salisbury Road, Maryland)

 U.S. Army Corps of Engineers  
Pittsburgh District
Baltimore District

Public Notice

In Reply to U.S. Army Corps of Engineers’ Application Number LRP-2014-00523 (PennDOT/MDOT SHA State Route 6219 Section 050, Meyersdale, Pennsylvania to Old Salisbury Road, Maryland) and Maryland Department of the Environment’s (MDE), Nontidal Wetlands and Waterways Joint Permit Application 24-NT-3200/202461407, and the MDE Water Quality Certification Request 24-WQC-0043.

Pittsburgh District PN-24-27

COMMENT PERIOD: November 8, 2024, to January 11, 2025

THE PURPOSE OF THIS JOINT PUBLIC NOTICE IS TO ANNOUNCE THE SCHEDULING OF TWO JOINT PUBLIC HEARINGS, AND TO SOLICIT COMMENTS FROM THE PUBLIC ABOUT THE WORK DESCRIBED BELOW. AT THIS TIME, NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT PERMITS WILL BE ISSUED. THE JOINT PUBLIC HEARINGS WILL BE HELD AT THE FOLLOWING LOCATIONS AND TIMES:

Wednesday, December 11, 2024 (USACE
Salisbury Volunteer Fire Department
385 Ord Street
Salisbury, PA 15558
4:00 pm – 5:00 pm: Open House
5:00 pm – 8:00 pm: Public Hearing

Thursday, December 12, 2024 (USACE and MDE)
Grantsville Volunteer Fire Department
178 Springs Road
Grantsville, MD 21536
4:00 pm – 5:00 pm: Open House
5:00 pm – 8:00 pm: Public Hearing

The U.S. Army Corps of Engineers (USACE), Pittsburgh and Baltimore Districts and the Federal Highway Administration (FHWA) joint public hearings provide members of the public the opportunity to present views, opinions, and information that will be considered by the USACE in evaluating the Department of the Army Permit Application. The Maryland Department of the Environment (MDE) is evaluating the Joint Federal/State Application for the Alteration of any Floodplain, Waterway, or Nontidal Wetland in Maryland (JPA) proposed for the project and the Section 401 Water Quality Certification request. MDE will only be participating in the December 12, 2024, hearing in Maryland. The purpose of the hearing is for the USACE, FHWA, and MDE to receive oral or written comments that will enable them to evaluate the impacts of the proposed project on the public interest. All interested parties, including representatives of Federal, State, and local governments and private individuals and organizations, are invited to be present or to be represented. Each will be given an opportunity to express their views regarding the proposed project.

From 4:00 PM to 5:00 PM prior to each public hearing, there will be an open house with plans on display where the public will have an opportunity to review exhibits and ask general question of the applicants, the Pennsylvania Department of Transportation (PennDOT) and the Maryland Department of Transportation – State Highway Administration (SHA), and their representatives. Representatives from the USACE and MDE (Maryland hearing only) will also be available during the open house plans display. Beginning at 5:00 pm, the formal public hearing will begin with agency statements, followed by public testimony. The hearings will be transcribed; hearing transcripts will be available approximately nine weeks after the hearing on the project website and at the libraries provided below.

These will be hybrid public hearings. For in-person testimony, a sign up will be available at the sign-in table at the public hearing location. Those providing testimony virtually must register in advance by calling Brionna Marks, KCI Technologies at (717) 668-0413 or by email at brionna.marks@kci.com no later than December 9, 2024, at 5:00 pm. Oral testimony will be limited to five minutes per participant and the number of slots will depend on available time. Individuals may provide testimony privately with a court reporter at the meeting location or by submitting written comments at the meeting. On-line participants are encouraged to join at 4:45 pm using the following links:

Pennsylvania Public Hearing

Wednesday, December 11, 2024

https://bit.ly/US219-PA-Hearing-Dec11

Maryland Public Hearing

Thursday, December 12, 2024

https://bit.ly/US219-MD-Hearing-Dec12

The public hearing location is accessible to persons with disabilities. Any persons having special needs or requiring special aids are requested to contact Brionna Marks, KCI Technologies at (717) 668-0413 or by email at brionna.marks@kci.com by December 1, 2024, to secure special accommodations.

Hard copies of the Draft Environmental Impact Statement (DEIS) and the Department of the Army Permit application will be available at the locations listed below beginning on November 8, 2024.

1. TO ALL WHOM IT MAY CONCERN: The following application has been submitted for a Department of the Army (DA) Permit under the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344) ; and a State of Maryland authorization pursuant to Title 5, Subtitle 5 (Waterway Construction) and Title 5, Subtitle 9 (Nontidal Wetlands) of the Environment Article, Annotated Code of Maryland, and in accordance with Section 401 of the Clean Water Act (33 U.S.C. 1341) from MDE, the certifying agency.
    
2. APPLICANTS:

Pennsylvania Department of Transportation, District 9
1620 North Juniata Street
Hollidaysburg, Pennsylvania 16648

Maryland Department of Transportation – State Highway Administration
707 North Calvert Street
Baltimore, Maryland 21202-3601

3. LEAD FEDERAL AGENCY: The FHWA, as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.
    
4. LOCATION: New roadway alignment in Summit and Elk Lick Townships, Somerset County, Pennsylvania, and Grantsville, Garrett County, Maryland. The Project coordinates are 39.800798 North Latitude, -79.037939 West Longitude for the northern terminus and 39.698303 North Latitude, -79.097879 West Longitude for the southern terminus. The Project is located within the following watersheds: Miller Run – Casselman River; Little Piney Creek – Piney Creek; Flag Run – Casselman River; and Tub Mill Run – Casselman River. For MDE, the project is proposed within the watershed of Meadow Run, a Use I waterway. A portion of the project is also located within the watershed of the Casselman River, a Use III waterway; however, no impacts to state-regulated resources will occur within that watershed.
    
5. PURPOSE AND DESCRIPTION OF WORK: The applicants propose to discharge fill into waters of the United States associated with the construction of an eight-mile long, four-lane divided limited-access highway on new alignment. Earth and rock material will be used as highway fill and concrete will be used for bridges and culverts. The specific types and volumes of fill materials is unknown at this stage of the project design. The project is under review in Pennsylvania and Maryland under the DA Permit. MDE is only reviewing the Maryland portion of the project for impacts to nontidal wetlands, wetland buffers, and waterways, including the 100-year nontidal floodplain. Under the DA Permit, and based on the current level of design, the placement of fill for the entire Project in Pennsylvania and Maryland will result in 9.931 acres of direct permanent impacts to wetlands and 0.325 acres of secondary impacts to wetlands due to changes in wetland hydrology. In Maryland, the project proposes permanent impacts to 6,438 square feet (0.15 acres) of impact to forested nontidal wetlands, 19,701 square feet (0.45 acres) of impact to emergent nontidal wetlands, and 74,901 square feet (1.72 acres) of the 25-foot nontidal wetland buffer. The placement of fill for the entire Project will result in 23,195 linear feet of permanent stream impacts. In Maryland, the project proposes permanent impacts to 1,411 linear feet (13,880 square feet) of perennial tributaries to Meadow Run, and 3,469 linear feet (37,456 square feet) of impacts to intermittent tributaries to Meadow Run. In Pennsylvania, compensatory mitigation for impacts that occur in Pennsylvania will consist of PennDOT purchasing wetland credits and stream credits from a USACE approved mitigation bank. The exact number of wetland and stream credits to be purchased will be determined during Final Design. No Project-related impacts to waters of the United States will occur in Pennsylvania until PennDOT purchases the required number of credits. In Maryland, SHA will restore floodplains and stream/wetland complexes for impacts that occur in Maryland. For the DA Permit, and based on the current level of design, SHA will provide 1.04 acres (45,157 square feet) of wetland mitigation and 4,964 functional feet of stream mitigation through stream restoration and buffer plantings at one compensatory mitigation site located near 7842 Rock Lodge Road, Accident, Garrett County, Maryland (Latitude:39.58604825, Longitude: -79.25556854). For MDE, the applicant is required to provide mitigation for all permanent nontidal wetland impacts at a 1:1 mitigation to impact ratio for emergent wetlands and at a 2:1 mitigation to impact ratio for forested wetlands. The applicant is proposing offsite permittee-responsible mitigation. Mitigation may also occur at an approved mitigation bank if one becomes available, and as determined by the agencies. Mitigation for impacts to streams in Maryland will be determined using functional foot mitigation calculations through the USACE’s Maryland Stream Mitigation Framework.
    
6. SECTION 401 WATER QUALITY CERTIFICATION AND ENCROACHMENT PERMIT: The applicants have applied for Section 401 Water Quality Certifications from the respective certifying agencies:

Pennsylvania Department of Environmental Protection
Southwest Regional Office
Waterways and Wetlands Section
400 Waterfront Drive
Pittsburgh, Pennsylvania 15222
Telephone: (412) 442-4000

Maryland Department of the Environment
Water and Science Administration
Regulatory Services Section – Attn: WQC
Montgomery Park Business Center – Ste. 430
1800 Washington Blvd.
Baltimore, Maryland 21230-1708
Telephone: (410) 537-3745

In Maryland, the applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from MDE, the Section 401 certifying agency. The applicant has requested a Section 401 Water Quality Certification from MDE on September 10, 2024; comments on the water quality certification request from the public will be taken as part of this notice and hearing. Pursuant to COMAR 26.08.02.10F(1), MDE is providing notice of a scheduled Public Hearing for Water Quality Certification 24-WQC-0043.

PennDOT will be required to obtain a Water Obstruction and Encroachment Permit from the Pennsylvania Department of Environmental Protection (PADEP). SHA submitted a Joint Permit Application for a Nontidal Wetlands and Waterways Permit to MDE; this application is included in the Maryland public hearing.

7.   IMPACT ON NATURAL RESOURCES: The District Engineer has consulted the most recently available information and has determined that the project may affect and is likely to adversely affect the Indiana bat, northern long-eared bat, and tricolored bat. These impacts are not likely to jeopardize the existence of the Indiana bat, northern long-eared bat, or tricolored bat. Pursuant to Section 7(c) of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq), the FHWA requested formal consultation with the United State Fish and Wildlife Service (USFWS) on August 6, 2024. A biological assessment was prepared to evaluate potential effects of the Proposed Action on the Indiana bat, northern long-eared bat and tricolored bat. Several avoidance, minimization and conservation measures are being recommended as well as mitigation measures in the interest of environmental stewardship and to promote the recovery of the species.

8.   IMPACT ON CULTURAL RESOURCES: The National Register of Historic Places was consulted, and coordination with the Pennsylvania State Historic Preservation Office (PA SHPO) completed. The PA SHPO, in coordination with the Maryland Historical Trust (MHT), determined that there will be no adverse effect to properties currently listed, or eligible for listing, on the register which would be directly affected by the proposed work. A Programmatic Agreement (PA) among the FHWA, PennDOT, SHA, the PA SHPO, and the MHT was drafted for the Project to ensure compliance with Section 106 of the National Historic Preservation Act for archaeological resources. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archeological, scientific, prehistorical, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic Preservation Act of 1966 – Public Law 89-665 as amended (including Public Law 96-515).

9. PUBLIC INVOLVEMENT: Public hearings will be held to consider this DA Permit application and the DEIS. The Pennsylvania public hearing will be held on Wednesday, December 11, 2024, at the Salisbury Volunteer Fire Department. The Maryland public hearing will be held on Thursday, December 12, 2024, at the Grantsville Volunteer Fire Department. The Maryland public hearing will also consider the Clean Water Act Section 401 Water Quality Certification Request and the MDE Nontidal Wetlands and Waterways Permit application.
    
10. EVALUATION: This project will be evaluated pursuant to USACE Regulatory Program Regulations (33 CFR Parts 320-332). The decision whether to issue a permit will be based on an evaluation of the probable impact 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 reasonably may be expected to accrue from the proposals 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, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plan values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations 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.

The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials, Indigenous Tribes and Nations; and other interested parties in order to consider and evaluate the impacts of the 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 will be considered in the preparation of the Final Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the overall public interest of the proposed activity. The evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, United States Environmental Protection Agency, under the authority of Section 404(b) of the Clean Water Act (40 CFR Part 230).

11. RESPONSES: For USACE, a permit will be granted unless its issuance is found to be contrary to the public interest. Written statements concerning the proposed activity should be received in this office on or before the closing date of this Public Notice in order to become a part of the record and to be considered in the final determination. Any objections which are received during this period may be forwarded to the applicants for possible resolution before the determination is made whether to issue or deny the requested DA Permit. Public comments may be subject to release under the Freedom of Information Act (FOIA). All written comments concerning the work described above as it relates to the factors listed above, or other pertinent factors, must be received by the USACE within the comment period specified above through postal mail at the address below or electronic submission to the project manager email address below. Comments should reference the USACE Application Number 2014-00523. 

U.S. Army Corps of Engineers
Pittsburgh District-Regulatory
Attn: Mr. Allen Edris
1000 Liberty Avenue
Pittsburgh, PA  15222-4186
(412) 395-7158
allen.r.edris@usace.army.mil

For MDE, only those issues subject to regulation by the MDE Nontidal Wetlands and Waterway Construction Divisions (impacts to nontidal wetlands, wetland buffer, and waterways, including the 100-year nontidal floodplain) will be considered in rendering a decision to grant or deny the MDE Permit. For comments for MDE regarding the JPA and WQC, written comments concerning the work described above within the State of Maryland must be postmarked by MDE within the comment period specified above though postal mail, by phone, or via email using the contact information below. Comments should reference MDE Tracking Numbers 24-NT-3200/202461407/24-WQC-0043. Please refer to Subsection 5-907 of the Annotated Code of Maryland or the Code of Maryland Regulations 26.23.02 for information regarding the application process. Any further notices concerning actions on the application will be provided only by mail to those persons on the interested persons list.         

Maryland Department of the Environment
Wetlands and Waterways Protection Program
Attn: Ms. Emily Dolbin
1800 Washington Boulevard, Suite 430
Baltimore, Maryland 21230-1708
PHONE #410-537-3745

Emily.Dolbin@maryland.gov

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.

 This public notice was prepared in accordance with USACE implementing regulations at 33 CFR 325.3 and the State of Maryland's Code of Regulations 26.23.02.02. If you have any questions concerning this specific project, please contact Mr. Allen Edris or Ms. Emily Dolbin (Maryland portion only). This public notice is issued by Scott Hans, Chief, Regulatory Division, Pittsburgh District and Wade Chandler, Chief, Regulatory Branch, Baltimore District.