PN14-13 Severn Riverkeeper/Clements Creek Confluence) 2013-60580-M15 Maryland Nontidal Wetlands and Waterways Permt #12-NT-0138 - Anne Arundel County

Published Feb. 14, 2014
Expiration date: 2/14/2014

   Joint Public Notice 

U.S. Army Corps          In Reply to Application Number

of Engineers                 CENAB-OP-RMN (Severn Riverkeeper/Clements Creek

Baltimore District        Confluence) 2012-60580-M15

                                       Maryland Nontidal Wetlands and Waterways Permit  # 12-NT-0138


 PN 14-13                        Comment Period:  February 14, 2014 to March 17, 2014                                               


THE PURPOSE OF THIS JOINT PUBLIC NOTICE IS TO ANNOUNCE that the U.S. Army Corps of Engineers (COE) and the Maryland Department of the Environment (MDE) have received and are evaluating a joint permit application as described below for Department of the Army authorization pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) and State authorization pursuant to Title 5, Subtitle 5 (Waterway Construction) and Title 5, Subtitle 9 (Nontidal Wetlands) of the Environment Article, Annotated Code of Maryland.


 APPLICANT:          Severn Riverkeeper (SRK)

                                 Attn:  Mr. Fred Kelly

                                329 Riverview Trail

                               Annapolis, Maryland 21401


LOCATION:  In Clements Creek, north of Alice Court, in Annapolis, Anne Arundel County, Maryland.


WORK:  The applicant proposes to install four riffle grade control weirs as part of a floodplain berm system designed to raise surface water elevation.  This practice is also known as regenerative stormwater conveyance (RSC), and is intended to improve the water quality of Clements Creek prior to entering the Severn River.  Proposed impacts include approximately 42,939 square feet (0.98 acres) of flooding of the project area consisting of a palustrine forested/scrub-shrub nontidal wetland/upland mosaic; 61,128 square feet (1.4 acres) of permanent wetlands impacts, including 18,577 square feet (0.42 acres) for berm fill and haul road; 5,690 square feet (0.13 acre) of the 25-foot nontidal wetland buffer; permanent impacts from fill of 1,068 linear feet  (0.28 acre) of perennial stream; and changing the hydrology of 77,855 square feet (1.79 acres) of the 100-year nontidal floodplain.  The existing Clements Creek stream channel will be filled in certain sections to raise its elevation.  All work is proposed to be completed in accordance with the attached plans.


Based on the application, the planning process for the proposed project included steps to avoid and minimize impacts to waters of the United States, including jurisdictional wetlands, to the maximum extent practicable.  Additional avoidance and minimization measures may be required as a result of future COE/MDE actions and determinations, and based on comments received during the Public Notice comment period.  The applicant is not proposing mitigation for any unavoidable impacts to Waters of the U.S.


PURPOSE:  The basic purpose of the project is to improve water quality.  The overall project purpose is to improve water quality by reducing nutrients and sediments in the Clements Creek Watershed. 


WRITTEN COMMENTS:  To be included in the official record, written comments and information provided by interested parties must be received by the COE and MDE by the closing date of the Public Notice comment period, March 17, 2014, to receive consideration.  The mailing addresses for submission of written comments are:


U.S. Army Corps of Engineers                         Maryland Department of the Environment

Baltimore District                                              Wetlands and Waterways Program

Attn:  Mr. Jack Dinne, CENAB-OP-RMN          Attn:  Ms. Kelly Flint

P.O. Box 1715                                                  1800 Washington Boulevard, Suite 430

Baltimore, Maryland 21203-1715                      Baltimore, Maryland 21230-1708

e-mail:                e-mail:


If you have any questions concerning this matter, please contact Mr. Jack Dinne, COE at (410) 962-6005 or by email at, and/or Ms. Kelly Flint, MDE at (410) 537-3536 or by email 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 may reasonably 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,  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 the 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. 


Comments are being solicited 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 COE and MDE to determine whether to issue, modify, condition or deny each agency’s 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 overall public interest of the proposed activity. 


ESSENTIAL FISH HABITAT:  The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), as amended by the Sustainable Fisheries Act of 1996 (Public Law 04-267), requires all Federal agencies to consult with the National Marine Fisheries Service (NMFS) on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely effect essential fish habitat (EFH).  The project site lies in or adjacent to EFH as described under MSFCMA for Scopthalmus aquosos (windowpane flounder) juvenile and adult; Pomatomus saltatrix (blue fish) juvenile and adult; Paralicthys dentatus (summer flounder) juvenile and adult; Peprilis triacanthos (Atlantic butterfish) eggs, larvae, juvenile and adult; Centropristus striata (black sea bass) juvenile and adult; eggs, larvae, juvenile, and adult stages of Sciaenops ocellatus (red drum), Scomberomorus cavalla (king mackerel), Scomberomorus maculatus (spanish mackerel), and Rachycentron canadum (cobia), all managed species under the MSFCMA

The project has the potential to adversely affect EFH or the species of concern by loss of
nursery, forage and/or shelter habitat.  The project may have an adverse effect on Essential Fish Habitat as described under the Magnuson-Stevens Fishery Conservation and Management Act for the species and life stages identified above.  However, the District Engineer has made a preliminary determination that site-specific impacts would not be substantial and an abbreviated consultation will be conducted with NMFS.  This determination may be modified if additional information indicates otherwise and would change the preliminary determination.


SECTION 401 WATER QUALITY CERTIFICATION:  The applicant is required to obtain a Water Quality Certification, (WQC) in accordance with Section 401 of the Clean Water Act from MDE, the Section 401 certifying agency.  Any written comments concerning the work described above which relate to the WQC 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.  MDE has a statutory limit of one year from the date of this public notice to make its decision.


COASTAL ZONE MANAGEMENT PROGRAM:  The applicant has certified in this application that the proposed activity complies with and will be conducted in a manner consistent with Maryland’s federally-approved Coastal Zone Management Program (CZMP) as required by Section 307 of the Federal Coastal Zone Management Act of 1972, as amended.  Public comments relating to consistency 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.  MDE has a statutory limit of 6 months to concur or object to the applicant’s consistency certification.


The applicant must obtain any other State and local permits/approvals which are required for the proposed activities.


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


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, [ATTN : Mr. Jack Dinne, CENAB-OP-RMN], P.O. Box 1715, Baltimore, Maryland 21203-1715, within the comment period specified above to receive consideration.  Also, the request must clearly state 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 known by you to be interested, but may not have received a copy of this public notice.