PN14-34 (Village at Piscataway/NVR MS Calvalier Preserve LLC) - Prince Georges County

Published June 13, 2014
Expiration date: 6/27/2014

                    Public Notice                   

U.S. Army Corps             In Reply to Application Number                                        

of Engineers                     CENAB-OP-RMS (VILLAGE AT PISCATAWAY/NVR MS

Baltimore District                     CAVALIER PRESERVE LLC) 1995-63445


  PN 14-34                                    Comment Period:  June 13, 2014 to June 27, 2014




The Baltimore 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 Section 404 of the Clean Water Act (33 U.S.C. 1344), as described below:


APPLICANT:   Mr. Christopher Rudy

NVR MS Cavalier Preserve, LLC

11700 Plaza America Drive, Suite 310

                        Reston, Virginia 20190

LOCATION:  In unnamed tributaries of the Piscataway Creek south of the intersection of Floral Park Road and Piscataway Road, Piscataway, Prince Georges County, Maryland.

WORK: To install an 8-inch sanitary sewer line temporarily impacting approximately 663 square feet along 221 linear feet of stream and to temporarily impact approximately 55,624 square feet of palustrine forested (PFO) wetlands at impact areas # 20, 22, 23, 25 A &B, 27 A & B, 28, 37, and 41; to widen an existing road permanently impacting approximately 22,112 square feet of PFO wetlands at impact # 44; to construct six 10-foot wide by 10-foot long stone scour pad outfalls permanently impacting approximately 500 square feet along 202 linear feet of streams; permanently impact 77 square feet of PFO wetlands; temporarily impact 33 square feet along 100 square feet of streams; and temporarily impact 310 square feet of PFO wetlands at Impact # 29, 30, 34, 35, 36, and 38; to construct four sediment traps and associated 10-foot wide by 10-foot long stone scour pads temporarily impacting approximately 250 square feet along 152 linear feet of streams at impact areas # 57, 58, 61, 68, 69, and 71; and to install a utility line temporarily impacting approximately 126 square feet of PFO wetland at impact #72.  All work is to be completed in accordance with the proposed plan(s).  If you have any questions concerning this matter, please contact Mrs. Erica Schmidt at (410) 962-6029 or

The proposed work is for re-authorization of DA permit (VILLAGE AT PISCATAWAY /NVR MS CAVALIER PRESERVE LLC) 1995-63445-4 that was issued on November 29, 2004 as an individual permit.  A permit modification was issued on February 17, 2009 for increased impacts. The applicant has either avoided or completed most of the originally permitted work which authorized to impact approximately 299,399 square feet of wetlands and 1,908 linear feet of streams.

Avoidance and minimization measures were incorporated into the proposed project by minimizing the project’s design to meet the project purpose. Site layout for this project was based upon existing construction that would most practicably avoid and minimize impacts to jurisdictional

waters.  Efforts were made to avoid, to the extent possible, the long and short-term adverse impacts associated with the proposed project.


Compensatory mitigation has been satisfied by the purchase of 1.94 acres of PFO wetlands credits from the Miller Dobson Consolidated user site. The mitigation has been built and is currently being monitored.


The purpose of the project is to provide access and infrastructure for a residential 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 effect essential fish habitat (EFH).  The project site does not lie in or adjacent to EFH as described under MSFCMA.


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.  No mitigative measures are recommended to minimize adverse effects on EFH at this time. This determination may be modified if additional information indicates otherwise and would change the preliminary determination.


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.


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, 1800

Washington Blvd. Suite 430, Baltimore, Maryland 21230 within the comment period as specified above to receive consideration.  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, PO Box 1715, Baltimore, Maryland 21203-1715, 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 has certified in this application that the proposed activity complies with and will be conducted in a manner consistent with the Maryland Coastal Zone Program.  This certification statement is available for inspection in the District Office; however, public comments relating to consistency must be received by the Coastal Zone Division, Maryland Department of the Environment, 1800 Washington Blvd. Suite 430, Baltimore, Maryland 21230, within the comment period as specified above.  It should be noted that CZ Division has a statutory limit of 6 months in which to make its 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.


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 District Engineer must receive the request, which must be in writing, US 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 that 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