Public Notice
U.S.
Army Corps In Reply to Application Number
of Engineers CENAB-OPR-M
(Delmarva Power & Light – Kings Creek to
Baltimore
District Pocomoke
Substations) 2015-61716
PN 16-10 Comment Period: February 4, 2016 to February 24, 2016
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 (DA) 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: Delmarva Power & Light
A
subsidiary of Pepco Holdings, Inc
c/o
Mr. Mark Marini
401
Eagle Run Road, Mailstop 79NC64
Newark,
Delaware 19714-9239
LOCATION: In unnamed tributaries of the
Sinepuxent Bay and adjacent wetlands; Kings Creek and adjacent wetlands;
unnamed tributaries of Herring Creek and adjacent wetlands; Kitts Branch and
adjacent wetlands; unnamed tributaries of Kitts Branch and adjacent wetlands;
Ayers Creek; unnamed tributaries of Ayers Creek and adjacent wetlands along
9.13 miles of a 50 to 150-foot wide right of way from the Kings Creek
substation, located adjacent to the intersection of Old Princess Anne Road and
Perry Road, in Princess Anne, Maryland along 9.13 miles of right-of-way to the
Pocomoke substation located adjacent to the intersection of McMichael Avenue
and Quinn Avenue, in Pocomoke City, Somerset County, Maryland.
WORK: To rebuild and replace 27 structures along a
9.13 mile long section of electrical poles within the existing right of
way. The project would temporarily impact approximately
124,582 square feet of wetland for the temporary placement of wetland mats
around and near structures being repaired or replaced. The structures to be repaired and replaced
are located near, or through nontidal wetlands.
Electrical pole numbers 2, 3, 4, 16, 17, 18, 20, 24, and 62 would be
advanced to 12 feet by boring 12 feet to install each leg of the new pole
structures. The soil removed would be
returned to the place of origin when the project is completed. There are no permanent impacts or in-stream
impacts proposed.
The
method of work for wetland conversion is to be conducted by equipment on mats,
as identified in the project plans, or to be done by hand. Existing vegetation would be cut above the
soil line; material would be hauled out of wetland areas by mats; and any
stumps below the soil surface would remain in place. The removed material would be placed,
chipped, or chopped in an upland location in the project area and left in place.
Temporary
composite interlocking mats would be utilized during construction and would
result in temporary impacts to approximately 49,788 square feet of nontidal
wetlands.
The applicant proposes to remediate impacts to wetlands associated with the
utilization of mats following completion of construction. All work is to be completed in accordance
with the proposed plan(s). More detailed
impact plates are available upon request.
If you have any questions concerning this matter, please contact Ms.
Chikita Sanders of this office at (410) 962-5676 or via email at chikita.m.sanders@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. The majority of the project would be
replacement of existing poles within 10 feet of the original wooden pole position.
A portion of the utility line was realigned and would reduce impacts to
jurisdictional wetlands. The new single-pole steel structures are proposed in
close proximity to current pole locations to reduce impacts to existing wetland
habitat and the existing poles would be cut at the substrate and disposed at an
off-site location to reduce permanent impacts and soil disturbance within
wetland areas. The applicant has proposed to remediate all temporary access
impacts following completion of the work. Compensatory mitigation is not being
proposed by the applicant for impacts to open water (inter-tidal and sub-tidal)
habitat.
The purpose of
the project is to ensure the line’s integrity and prevent power outages. This would be achieved by replacing and
repairing older existing poles with new ones and replacing and/or repairing
crossarms on existing poles.
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 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 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, Post Office Box 1715,
Baltimore, Maryland 21203-1715, within the comment period as specified above to
receive consideration.
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. 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, U.S. 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.
FOR THE DISTRICT ENGINEER:
Kathy
B. Anderson
Chief,
Maryland Section Southern