PN13-58 CL Govt/Finksburg Industrial Park, SWM Facility/Outfall, Dam, Repair & Maintenance - Carroll County

Published Sept. 30, 2013
Expiration date: 10/30/2013

Public Notice                                        

U.S. Army Corps           In Reply to Application Number

of Engineers                  CENAB-OP-RMN (CL Govt/Finksburg Industrial Park,

Baltimore District          SWM Facility/Outfall, Dam, Repair & Maintenance)



PN-13-58                       Comment Period: September 30, 2013 to October 30, 2013 



This 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) as described below:


APPLICANT:       Ms. Gale Engels

                             Carroll County Government

                             225 N. Center Street

                             Westminster, Maryland 21157



Unnamed tributary to the North Branch Patapsco River, in the Finksburg Industrial Park, located at the northwest corner of the intersection of Congoleum Road and Emory Road (MD Route 91)



The proposed project is the rehabilitation and maintenance of an existing industrial park stormwater management facility/fire pond to provide a water quality benefit to the North Branch Patapsco River.  The applicant proposes to remove/excavate accumulated sediment in the existing basin, including permanent impacts to 20,345 square feet of emergent/scrub-shrub non-tidal wetlands.  The existing 28,414 square foot pond will be dewatered to perform the necessary dredging; once restored, the pond will have a reduced open water area of 25,426 square feet.  Also included are outfall and stream channel improvements to an existing stream channel along Congoleum Road; impacts to the stream channel are associated with the reconstruction of an existing outfall and headwall and will total 15 linear feet (82 square feet) permanent impacts and 90 linear feet (839 square feet) temporary impacts.  Improvements to the 105 linear feet of stream channel will total 1,436 square feet and the restored fire pond will have an open water extent of 25,426 square feet.


All work is to be completed in accordance with the enclosed plans.  If you have any questions concerning this matter, please contact Mr. John Policarpo at (410) 962-4522 or at


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 the work described above on the public interest will include application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act.


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.  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, ATTN: Mr. John Policarpo, CENAB-OP-RMN, P.O. Box 1715, Baltimore, Maryland 21203-1715, within the comment period specified above.


WATER QUALITY CERTIFICATION:  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 Wetlands and Waterways Program, Maryland Department of the Environment, Montgomery Park Business Center, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230-1708 within the comment period as specified above to receive consideration.  The Section 401 certifying agency has a statutory limit of one year from the date of this public notice to make its decision.


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


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



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 request permit.


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, ATTN: Mr. John Policarpo, CENAB-OP-RMN, P.O. Box 1715, Baltimore, Maryland 21203-1715, 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.


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






                                                            Joseph P. DaVia

                                                            Chief, Maryland Section Northern