U.S. Army Corps In Reply to Application Number
of Engineers NAB-OP-RMS (ST. JAMES/ HAVERFORD CONSTRUCTION
Baltimore District PARTNERS INC.) 2007-07054
PN 14-20 Comment Period: March 25, 2014 to April 14, 2014
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME.
The 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: Mr. G. Sevag Balian
St. James/Haverford Construction Partners, Inc.
6110 Executive Boulevard, Suite 430
Rockville, Maryland 20852
LOCATION: The work is proposed in nontidal wetlands and unnamed tributaries to Piscataway Creek, at the property located at the intersection of Livingston Road and Farmington Road, in Piscataway, Prince George’s County, Maryland.
Impact Area 6: to install approximately 90 linear feet of 8-foot high by 12-foot wide RCP box culvert, depressed 1-foot below the existing stream bottom with one 50-foot wide by 70-foot long riprap scour pad upstream of the culvert and one 30-foot long by 35-foot wide riprap scour pad downstream of the culvert, impacting 4,100 square feet along 252 linear feet of stream;
Impact Area 7: to install an 8-inch sanitary sewer line, temporarily impacting approximately 398 square feet along 31 linear feet of stream;
Impact Area 8: to install an 8-inch sanitary sewer line, temporarily impacting approximately 415 square feet along 31 linear feet of stream;
Impact Area 9: to install twin 93 linear foot 54-inch round RCP pipes, depressed 1-foot below the existing stream bottom, with one 22.5-foot wide by 52-foot long riprap scour pad upstream of the culvert and one 24.5-foot by 30-foot riprap scour pad, permanently impacting approximately 2,119 square feet along 188 linear feet of stream;
Impact Area 10: to fill approximately 5,309 square feet along 612 linear feet of ephemeral stream for lot grading, permanently impacting approximately 5,309 square feet along 612 linear feet of stream;
Impact Area 11: to install triplet 86 linear foot 24-inch by 38-inch concrete elliptical RCP culverts, depressed 1-foot below the existing stream bottom, with one 16-foot wide by 32-foot long riprap scour pad upstream and one 16-foot wide by 32-foot long riprap scour pad downstream, temporarily impacting approximately 109 square feet of nontidal wetland and permanently impacting approximately 31 square feet of nontidal wetlands and 1,555 square feet along 118 linear feet of streambed;
Impact 12: to install triplet 145 linear-foot 72-inch tall by 72-inch wide RCP box culverts, one of which would be depressed 1-foot below the existing stream bottom as the low-flow channel, with one 35-foot by 44-foot riprap scour pad upstream of the culvert and one 32-foot by 45-foot riprap scour pad downstream of the culvert, permanently impacting approximately 4,114 square feet along 270 linear feet of stream;
Impact Area 13: to install an 8-inch sanitary sewer line, temporarily impacting approximately 400 square feet along 30 linear feet of stream. All work will be completed in accordance with the enclosed plan(s). If you have any questions concerning this matter, please contact Ms. Vera Koskelo of this office at 410-962-6144 or email at Vera.B.Koskelo@usace.army.mil.
The proposed work is for re-authorization of DA permit CENAB-OP-RMS (ST. JAMES/HAVERFORD CONSTRUCTION PARTNERS INC.) 2007-07054 issued under the MDSPGP-3, May 24, 2008. The permit was initially issued January 15, 2004 under the MDSPGP-2 with the name CENAB-OP-RMS (HAVERFORD AT ST. JAMES/RD XINGS, SWM PONDS & UTILITY LINE)02-64161.
The overall project constructed work and work proposed to be completed would impact a total of approximately 6,653 square feet of nontidal wetlands and 19,818 square feet along 1,681 linear feet of stream.
The original Corps project authorization required that a conservation easement for 221,400 square feet of riparian buffer along 2,214 linear feet be put in place for on-site stream preservation mitigation.
Avoidance and minimization measures were incorporated into the proposed project by minimizing the project’s design to meet the project purpose. The sewer lines are proposed to be located deep enough below the wetland or stream crossing that no riprap or gravel fill would be required to be placed above the crossing, thereby reducing permanent impacts. Impacts for impact areas 6 and 10 were reduced from impacts proposed with the application for re-verification to approximately 4,787 square feet along 317 linear feet stream and 8,565 along 1,080 linear feet, respectively, to approximately 4,100 square feet along 252 linear feet of stream and 5,309 square feet along 612 linear feet of stream, respectively, for a reduction of total stream impacts of approximately 4,033 square feet along 533 linear feet of stream.
The purpose of the project is to construct road, sewer, and stormwater management infrastructure for a proposed development.
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 affect Essential Fish Habitat (EFH). The project site does not lie in or adjacent to EFH as described under the MSFCMA.
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 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, P.O. Box 1715, Baltimore, Maryland, 21203 within the comment period specified above.
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 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 request permit.
The evaluation of the impact of this project 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, P.O. Box 1715, Baltimore, Maryland 21203, 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 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:
Kathy B. Anderson Chief, Maryland Section Southern