PUBLIC NOTICE
Baltimore District Published: April 2, 2026
Permit Application Expires: May 2, 2026
No. NAB-2025-61670-M54
PN-26-10
Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Baltimore District has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344). The purpose of this public notice is to solicit comments from the public and information necessary to evaluate the probable impact on the public interest regarding the proposed activity as described below and as shown on the enclosed drawings.
PROPOSED ACTIVITY: The applicant is requesting a Department of the Army permit to discharge fill material into waters of the United States for the construction of access roads, parking lots, and associated infrastructure for an approximately 504,000 square foot modern storage and distribution facility to support Costco’s existing Maryland Campus. The project will permanently impact approximately 563 linear feet of perennial stream channel, 182 linear feet of intermittent stream channel, 2,828 square feet (0.065 acre) of palustrine scrub shrub nontidal wetland, and 31,162 square feet (0.715 acre) of palustrine emergent nontidal wetland adjacent to an unnamed tributary to Bush Creek located at 5214 Green Valley Road, Monrovia, Frederick County, Maryland.
Table 1: Effects on aquatic resources.
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Activity
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Aquatic Resource Impact (LF or SF)
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Aquatic Resource Type
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Authority (Section 10/404/408)
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Permanent impacts associated with warehouse construction and site development (clearing, grading, excavation, and fill)
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563 LF
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Perennial stream
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Section 404
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182 LF
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Intermittent stream
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2,828 SF
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Palustrine scrub shrub nontidal wetland
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31,162 SF
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Palustrine emergent nontidal wetland
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MITIGATION: The applicant has provided the following information to explain how impacts to waters of the United States associated with the proposed activity are to be avoided, minimized, and compensated for:
The applicant has evaluated and considered several offsite and onsite campus expansion alternatives to achieve the project’s objective of expanding the existing Costco Maryland campus by constructing a modern distribution facility with efficient truck access, while minimizing impacts to waters of the United States. Alternative designs evaluated include campus relocation, campus expansions, and various onsite design alternatives. The proposed campus expansion design, as described above, achieves the project’s purpose and need while minimizing impacts to waters of the United States to the maximum extent practicable.
The proposed permanent stream and wetland impacts will be offset by compensatory mitigation via purchase of bank credits at the Even Flow mitigation bank located within the primary service area in Mount Airy, Frederick County, Maryland. The credits purchased will replace the lost functions and services of the impacted resources.
The USACE will determine the type and amount of compensatory mitigation necessary to offset losses of waters of the United States which may result from the proposed activity in accordance with 33 CFR § 332.
HISTORIC PROPERTIES/CULTURAL RESOURCES: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. § 306108), requires federal agencies to consult with the appropriate State Historic Preservation Officers and/or Tribal Historic Preservation Officers to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.
The USACE evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act utilizing 36 CFR § 800 and program-specific regulations and procedures found at 33 CFR § 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the USACE’s permit area; therefore, there would be no historic properties affected. The USACE will request concurrence with this determination from the State Historic Preservation Officers and/or Tribal Historic Preservation Officers.
The USACE’s final eligibility and effect determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes, and other interested parties, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the USACE-identified permit area.
ENDANGERED SPECIES: Section 7 of the Endangered Species Act (16 U.S.C. § 1536) requires federal agencies to consult with the National Marine Fisheries Service and/or United States Fish and Wildlife Service on all actions that may affect a species listed (or proposed for listing) under the Endangered Species Act as threatened or endangered or that may adversely modify designated critical habitat (or critical habitat proposed such designation). USACE’s preliminary review indicates the described activity may affect a threatened or endangered species or designated critical habitat. USACE will complete the required consultation under Section 7 prior to finalizing a permit decision.
This notice serves as request to the United States Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act as amended (16 U.S.C. § 1855), requires 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. Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the USACE reviewed the project area, examined information provided by the applicant, and consulted available species information. The USACE’s preliminary review indicates the described activity would have no effect on any Essential Fish Habitat. The project would impact nontidal wetlands and streams; therefore, no consultation is required.
NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408) because the activity, in whole or in part, would not alter, occupy, or use a USACE Civil Works project.
WATER QUALITY CERTIFICATION: An Individual Water Quality Certification may be required from the Maryland Department of the Environment pursuant to Section 401 of the Clean Water Act (33 U.S.C. § 1341).
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the USACE jurisdiction has not been verified by USACE personnel.
EVALUATION: 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 benefits, which reasonably 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 cumulative impacts thereof; among these are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain 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. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The USACE is soliciting comments from the public; federal, state, and local agencies and officials; Tribal Nations; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposed activity. To make this determination, comments are used to assess impacts to 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 are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any comments or objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested permit. Please note that all comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Baltimore District will receive written comments on the proposed activity, as outlined above, until May 2, 2026. Comments should be submitted electronically via the Regulatory Request System at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit comments to Mr. Zachary Fry at zachary.t.fry@usace.army.mil or U.S. Army Corps of Engineers, Baltimore District, Attention: Mr. Zachary Fry, 2 Hopkins Plaza, Baltimore, Maryland 21201-2930. Please refer to NAB-2025-61670-M54 in your comments.