Public
Notice
U.S. Army Corps In
Reply to Application Number
of Engineers CENAB-OP-RMN (Harford County
Dept. of Parks & Recreation/
Baltimore District Gunpowder River/Dredging) 2016-60250-M18
PN 16-26 Comment
Period: May 16, 2016 to June 16, 2016
THE PURPOSE OF THIS
PUBLIC NOTICE IS TO SOLICIT COMMENTS FORM 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 10 of the Rivers and
Harbors Act of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344)
as described below:
APPLICANT: Mr. David Goodwin
Harford
County Dept. of Parks & Recreation
702 North Tollgate Road
Bel Air, Maryland 21014
WATERWAY AND LOCATION: The proposed project is
located in the Gunpowder River, south
of Mariner Pointe Park in Joppatowne, Harford County, Maryland.
PROPOSED WORK: To mechanically or
hydraulically maintenance dredge approximately 4,925 linear feet (499,000
square feet) of an existing channel ranging from 30 feet wide to 100 feet wide to
a maximum depth of -5.5 to -6.5 feet at mean low water. Approximately 29,000
cubic yards of dredged material will be deposited at the approved Harford
County’s Mariner Pointe Park disposal site located in Joppatowne, Harford
County, Maryland. The purpose of the project is to provide safe navigable ingress
and egress to the Gunpowder River.
All
work will be completed in accordance with the enclosed plans dated January
2016. If you have any questions
concerning this matter, please contact Mr. Richard
Kibby, CENAB-OPR-M, 10 S. Howard St., Baltimore, Maryland, 21201 or richard.kibby@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 impacts of the work described above on the public interest
will include application of the Clean Water Act 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. Richard Kibby, CENAB-OPR-M], P.O. Box 1715, Baltimore, Maryland,
21203-1715 or richard.kibby@usace.army.mil, within the comment period specified above.
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
windowpane flounder (Scopthalmus aquosos)
juvenile and adult; blue fish (Pomatomus
saltatrix) juvenile and adult; summer flounder (Paralicthys dentatus) juvenile and adult; and egg, larvae, juvenile
and adult stages of red drum (Sciaenops
ocellatus), king mackerel (Scomberomorus
cavalla), spanish mackerel (Scomberomorus
maculates), and cobia (Rachycentron
canadum), all managed species under the MSFCMA.
The
project has the potential to adversely affect EFH or the species of concern by
loss of spawning, nursery, forage and/or shelter habitat as described under the
MSFCMA for the species and life stages identified above. The Baltimore District 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.
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.
COASTAL ZONE MANAGEMENT
PROGRAMS: Where applicable, the applicant has certified
in this application that the proposed activity complies with and will be
conducted in a manner consistent with the approved Coastal Zone Management
(CZM) Program. By this public notice, we
are requesting the State concurrence or objection to the applicant’s
consistency statement. Public comments
relating to consistency must be received by the Maryland Department of the
Environment (MDE), Wetlands and Waterways Program, 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 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 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.
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. Richard Kibby, CENAB-OPR-M], 10 S. Howard St., Baltimore,
Maryland 21201, 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