U.S. Army Corps In Reply to Application Number
of Engineers CENAB-OP-RMN (Delmarva Power & Light/MD-DE Stateline
Baltimore District to Cecil Transmission Line) 2013-61393-M12
PN-13-62 Comment Period: October 10, 2013 - November 12, 2013
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC ABOUT THE WORK DESCRIBED BELOW. AT THIS TIME, NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED.
The 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), as described below:
APPLICANT: Delmarva Power & Light
Attn: Mr. Chuck Reed
401 Eagle Run Road
Newark, Delaware 19714
LOCATION: The project would extend from the Delaware State line (east of Elkton and north of Route 40) and terminate at the Cecil Substation in Elkton in Cecil County, Maryland. The project would cross unnamed tributaries to Big Elk Creek and adjacent wetlands.
WORK: Delmarva Power & Light has requested Department of the Army (DA) authorization from the U.S. Army Corps of Engineers Baltimore District (Corps) to impact waters of the United States, including jurisdictional wetlands associated with proposed improvements to the Glasgow to Cecil (G-C) 138 kV transmission line. All improvements in Delaware have been completed as part of a separate project. The remainder of the proposed improvements would be completed in two sections. Section 1 would involve the replacement of existing H-frame wooden poles with single-circuit steel poles and the replacement of transmission lines from the Delaware State line to the Amtrak railroad right-of-way as depicted on Sheets 15 through 27 on the attached plans. Section 2 would involve the replacement of transmission lines along the Amtrak railroad right-of-way that would terminate at the Cecil Substation as depicted on Sheets 1 through 15 on the attached plans. The project would result in permanent impacts to approximately 136 square feet of nontidal emergent wetlands from the installation of caisson and anchor bolt foundations. In addition, approximately 25 linear feet/303 square of streams and 49, 485 square feet/1.14 acres of nontidal emergent wetlands would be temporarily impacted from the placement of temporary protective construction matting for staging and stream crossings. All work would be completed in accordance with the attached plans dated July 22, 2013.
If you have any questions concerning this matter, please contact Mr. Steve Elinsky at 410.962.4503 or Steve.Elinsky@usace.army.mil.
As part of the planning process for the proposed project, steps were taken to ensure avoidance and minimization of impacts to waters of the United States to the maximum extent practicable. No compensatory mitigation is proposed.
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 evaluation of the impacts of the work described above on the public interest will include application of the Clean Water Act 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 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, US Army Corps of Engineers, Baltimore District, [Attn: Mr. Steve Elinsky, CENAB-OP-RMN], P.O. Box 1715, Baltimore, Maryland 21203-1715, within the comment period as specified above to receive consideration.
SECTION 401 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 (MDE). Any written comments concerning the work described above which relate to water quality certification must be received by the Maryland Department of the Environment, Nontidal Wetlands Division, Wetlands and Waterways Program, Montgomery Park Business, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230, 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.
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 (CZM) Program. By this public notice, we are requesting the State concurrence or objection to the applicant’s consistency statement. Public comments relating to consistency must be received by the Maryland Department of the Environment, Wetlands and Waterways Program, Montgomery Park Business Center, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230-1708 within the comment period as specified above to receive consideration. MDE has a statutory limit of 6 months to concur or object to the applicant’s consistency determination.
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 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.
The Corps and the Maryland Historical Trust are reviewing the project to assess its effects if any on historic properties pursuant to Section 106 of the National Historic Preservation Act of 1966. Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the requested 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, US Army Corps of Engineers, Baltimore District, PO Box 1715, [Attn: Mr. Steve Elinsky, CENAB-OP-RMN], 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.
FOR THE DISTRICT ENGINEER:
JOSEPH P. DAVIA
Chief, Maryland Section Northern