Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers CENAB-OP-RMN (The Howard Research & Development
Baltimore District Corp./ Columbia Crescent/Infrastructure) 2014-61063-M36
PN 14-69 Comment Period: December 15, 2014 to January 15, 2015
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.
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: Mr. Robert Jenkins
The Howard Research & Development Corporation
10221 Wincopin Circle, Suite 300
Columbia, Maryland 21044
WATERWAY AND LOCATION:
Unnamed tributaries to the Little Patuxent River, and adjacent non-tidal wetlands, adjacent to Merriweather Post Pavilion, in Columbia’s New Town District, Columbia, Howard County, Maryland
PROPOSED WORK AND PURPOSE:
The proposed project is the construction of a multi-phased, mixed-use development, including residences, office buildings, commercial space, a hotel and conference center, cultural and recreational facilities, a fire station, associated roadways, utilities, and infrastructure, and wetland and stream mitigation. Impacts to jurisdictional waters of the U.S., including wetlands, will occur due to discharges of fill for construction of roadways, including two bottomless arch culverts and a bridge, two pedestrian boardwalks, 8-inch sanitary sewer and 16-inch potable water lines, stormwater outfalls, and wetland and stream mitigation. Where possible, project construction impacts were located in areas where stream mitigation will occur to minimize overall project impacts.
The proposed project will have permanent impacts to 18,117 square feet and temporary impacts to 3,685 square feet of non-tidal wetlands; these totals include 16,198 square feet of permanent impacts and 3,685 square feet of temporary impacts to forested wetlands and 1,979 square feet of permanent impacts to emergent wetlands. The project will also permanently impact 975 linear feet (1,397 square feet) and temporarily impact 130 linear feet (130 square feet) of non-tidal stream channel. The project’s proposed mitigation will temporarily impact 19,158 square feet of non-tidal wetlands and permanently impact 1,828 linear feet (13,057 square feet) of non-tidal stream channel. On-site project mitigation will provide for the creation of 37,762 square feet of forested wetlands and 2,004 square feet of emergent wetlands, the enhancement of 14,091 square feet of forested wetlands, and the restoration of 1,828 linear feet (13,057 square feet) of stream channel. Although not part of the required mitigation to offset project impacts, the applicant proposes to create an additional 20,608 square feet of forested wetlands and 20,290 square feet of emergent wetlands. Project impacts have been avoided and minimized through the use of two bottomless arch culverts, a bridge, and locating other project impacts, such as utility line stream crossings, in areas where stream restoration will occur.
All work is to be completed in accordance with the enclosed project and mitigation plans. If you have any questions concerning this matter, please contact Mr. John Policarpo at (410) 962-4522 or at john.n.policarpo@usace.army.mil.
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.
FOR THE DISTRICT ENGINEER:
Joseph P. DaVia
Chief, Maryland Section Northern