PN 13-30 Waldorf Crossing-Property/Western Parkway Phase 2 & 3

Published June 3, 2013
Expiration date: 5/31/2013

Public Notice  

U.S. Army Corps  of Engineers Baltimore District

In Reply to Application Number


PN 13-30                               

Comment Period:      May 10, 2013 to May 31, 2013




This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:


APPLICANT:    WRI West Land Development, Inc.

                          12480 Mattawoman Drive

                          PO BOX 548

                          Waldorf, Maryland  20601


                          Charles County Government

                          P.O. Box 2150

                          La Plata, Maryland 20646


LOCATION OF THE PROPOSED WORK:   In tributaries to Mattawoman Creek, at the site located near the intersection of Mattawoman Drive and U.S. Route 301, Waldorf, Charles County, Maryland.


PROPOSED WORK AND PURPOSE:  To redevelop the 140-acre Waldorf Crossing property into a mixed use residential, office and retail project and to construct the Phase 2 and 3 extensions of Western Parkway by constructing the following concept proposal:


To construct a deceleration  lane along southbound U.S. Route 301 that would permanently impact approximately 11,052 square feet of non-tidal wetlands and 1,105 square feet of a jurisdictional pond; to construct an extension of Mattawoman Drive and interchange with Western Parkway and create parking by permanently impacting approximately 1,692 square feet of non-tidal wetlands and 4,528 square feet along approximately 1,082 linear feet of stream channel; to construct a Western Parkway road crossing by constructing three 14-inch high by 23-inch wide horizontal elliptical reinforced concrete pipes (HERCP) with riprap scour pads upstream and downstream permanently impacting approximately 34,848 square feet of non-tidal wetlands and 1,170 square feet along 216 linear feet of stream channel; to construct a Western Parkway road crossing by constructing two 3-foot high by 6-foot wide box culverts with riprap scour pads upstream and downstream permanently impacting approximately 11,235 square feet of non-tidal wetlands and 2,133 square feet along 214 linear feet of stream channel; to install approximately 48  linear feet of 12-inch sanitary sewer pipe temporarily impacting approximately 871 square feet of non-tidal wetlands; to complete the final portion of Phase 2 of the Western Parkway (adjacent to Holly Lane) by replacing and extending the existing 12-inch corrugated metal pipe (CMP) culvert approximately 14 linear feet and permanently




impacting approximately 75 square feet along 25 linear feet of stream channel and 4,995 square feet

of non-tidal wetlands.


The work also includes the creation of building lots permanently impacting approximately 288 square feet and to construct two stormwater outfall pipes and riprap scour pads permanently impacting approximately 1,051 square feet and 846 square feet of isolated, non-Federally regulated man-made open water pond waters.


Total Federally regulated impacts (permanent and temporary) are approximately 65,798 square feet of nontidal wetlands and open water and 7,906 square feet along 1,537 linear feet of stream channel.


The applicant proposes to restore approximately 5,515 square feet along 910 linear feet of stream channel by raising the stream bed to reconnect the stream to the adjacent floodplain and stabilize the stream bed with rock step pool structures and with stone stream bank armoring as compensatory mitigation for unavoidable stream impacts and to purchase credits for  approximately 59,780 square feet (2.86 acres) forested non-tidal wetlands and 4,995 square feet of emergent non-tidal wetlands at the Port Tobacco II Consolidated mitigation bank site.  Additional out-of-kind compensatory mitigation for unavoidable wetland impacts would be the removal of a building and waste lagoon associated with an abandoned dairy plant and restoring 0.01 acres of non-tidal wetlands on-site.

 All work will be completed in accordance with the enclosed plan(s). If you have any questions concerning this matter, please contact Mr. Steven Harman, of this office, at (410) 962-6082 or by email at

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 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, economics, 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, and, in general, the needs and welfare of the people.


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 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 District Engineer, U.S. Army Corps of Engineers, Baltimore District, P.O. Box 1715, Baltimore, Maryland, 21203-1715 within the comment period specified above to receive consideration.


The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from the Maryland Department of the Environment.  Any written comments concerning the work described above which relate to water quality certification must be received by the Non-Tidal Wetlands Division, 1800 Washington Boulevard, Baltimore, Maryland  21230 within the comment period as specified above to receive consideration.  The 401 certifying agency has a statutory limit of one year to make its decision.


The applicant must obtain any local government permits, which may be required.


A preliminary review of this application indicates that the proposed work will not affect listed 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.

Review of the latest published version of the National Register of Historic Places indicates that no registered properties listed as eligible for inclusion therein are located at the site of the proposed work.  Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the requested permit.


The evaluation of the impact of the work described above on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act. 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 by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, PO Box 1715, Baltimore, Maryland 21203-1715, within the comment period as specified as 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.


It is requested that you communicate the foregoing information concerning the proposed work to any persons known by you to be interested and not being known to this office, who did not receive a copy of this notice.







                                                                                    Kathy B. Anderson

                                                                                    Chief, Maryland Section Southern