Maryland Department of the Environment logo 
   

Public Notices

MARYLAND DEPARTMENT OF THE ENVIRONMENT
WATER AND SCIENCE ADMINISTRATION
1800 WASHINGTON BOULEVARD
BALTIMORE, MARYLAND 21230

   

Notice of Application for State Wetland Licenses, Private Wetland Permits, Nontidal Wetlands and Waterways Permits and/or Water Quality Certification and the Opportunity to Provide Written Comment or Request an Informational Hearing

  

July 15, 2020

  

The Water and Science Administration has received the applications listed below. A preliminary review has indicated that the listed projects may be subject to the opportunity for a public hearing once the application is substantially complete. Projects may be significantly altered during the review process. The applications and related information are available for inspection and copying. You may also request written notice of any hearing opportunity by having your name placed on the interested persons list for each project in which you are interested. To inspect the file or to have your name placed on the interested persons list, contact the assigned division at the telephone number indicated below or send an email to the assigned reviewer no later than August 15, 2020, unless otherwise noted in the Public Notice.

The Maryland Department of the Environment is following the directives of the Governor of Maryland in response to the COVID-19 pandemic and issued Executive Orders. Please be advised that public notice and hearing procedures and meetings may be impacted, including the possible re-scheduling of hearings from in-person hearings to being held virtually. MDE will update this page with relevant public notice and hearing information as it becomes available. Please check back frequently for updates.

 
 

Nontidal Wetlands Division - (410) 537-3456

 

Anne Arundel County

202060451/20-NT-0088: MARYLAND PORT ADMINISTRATION, 410 E. Pratt Street, Baltimore, MD 21202, has applied to expand the existing dredge spoil capacity at the Cox Creek Dredged Material Containment Facility. This work is necessary to provide dredge material storage to maintain safe shipping lanes into and out of the Baltimore Harbor. The perimeter will be widened and heightened for additional dredge material storage. A new storage containment facility will be constructed inland of the adjacent existing facility. The work includes clearing, excavating and filling. The work will result in permanent impacts to 50,530 square feet (1.1 acres) of emergent nontidal wetlands and 101,060 square feet (2.32 acres) of 25-foot nontidal wetland buffer. The project is proposed on the Patapsco River (Use II). Mitigation will be provided by off-site wetland restoration and enhancement. The project is located at 1000 Kembo Road, Baltimore, MD 21226 in Anne Arundel, County. Written comments, requests for a public informational hearing and requests to be included on the interested persons list may be sent by August 15, 2020 to the Maryland Department of the Environment, Attn: John Smith, 1800 Washington Boulevard, Baltimore, MD 21230 or at Cheryl.Kerr@maryland.gov or 410-537-3911. Any further notices concerning actions on the application will be provided only by mail to those persons on the interested persons list. Please refer to Subsection 5-907 of the Annotated Code of Maryland or the Code of Maryland Regulations 26.23.02 for information regarding the application process.

 

Prince George's County

202060649/20-NT-0114: MARYLAND DEPARTMENT OF TRANSPORTATION, STATE HIGHWAY ADMINISTRATION, 601 N. Calvert Street, Baltimore, MD 21202, has applied to construct the Managed Lanes Study (MLS) along I-495 and I-270 to develop a travel demand management solution that addresses congestion, improves trip reliability along the I-495 and I-270 corridors within Montgomery and Prince Georges counties, and enhances existing and planned multimodal mobility. There are six Build Alternatives under consideration for improvements, which include constructing additional high-occupancy toll (HOT) or express toll (ETL) managed lanes along I-495 in each direction, and constructing or converting existing lanes to HOT or ETL managed lanes along I-270 in each direction. The project alternatives will permanently impact up to 11.43 acres (497,155 square feet) of forested nontidal wetland, 1.09 acres (46,802 square feet) of scrub-shrub nontidal wetland, 3.84 acres (166,402 square feet) of emergent nontidal wetland, 53.48 acres (2,327,615 square feet) of 25-foot nontidal wetland buffer, 78,106 linear feet of perennial stream, 64,701 linear feet of intermittent stream, and 120.0 acres (5,227,207 square feet) of 100-year nontidal floodplain. For any chosen alternative, the mitigation requirement in Maryland is approximately 29.44 acres of wetland mitigation and 99,348 linear feet of stream mitigation. The proposed stream impacts are to Use I waterways with the exception of Paint Branch and its tributaries (Use III) and Northwest Branch Anacostia River and its tributaries (Use IV). The proposed project is located in Montgomery and Prince George’s counties along I-495 from south of the George Washington Memorial Parkway in Virginia, including improvements to the American Legion Bridge over the Potomac River, to west of MD 5 in Maryland; and along I-270 from I-495 to north of I-370, including the east and west I-270 spurs. The proposed project is in the Middle-Potomac-Anacostia-Occoquan, Middle Potomac-Catoctin, and Patuxent watersheds. For any chosen alternative, the mitigation requirement in Maryland is approximately 29.44 acres of wetland mitigation and 99,348 linear feet of stream mitigation. The applicant has submitted a conceptual mitigation plan to compensate for the proposed, unavoidable permanent impacts to wetlands and waterways that proposes fourteen wetland and stream permittee-responsible mitigation sites in the three watersheds where the project is located. Seven of the mitigation sites are located in the Middle Potomac-Anacostia-Occoquan watershed in Montgomery and Prince George’s counties, five sites are located in the Middle Potomac-Catoctin watershed in Montgomery and Frederick counties, and two sites are located in the Patuxent watershed in Prince George’s and Anne Arundel counties. Construction of the proposed wetland and stream mitigation sites would temporarily impact approximately 85 acres of wetland and approximately 90,000 linear feet of stream. Temporary impacts will be restored. Four virtual on-line and two in-person, joint public informational hearings on this project with MDE, the US Army Corps of Engineers (participating only in the August 25, 2020 virtual on-line public informational hearing), the Federal Highways Administration and the Maryland Department of Transportation, State Highway Administration will be held for this project. The four virtual online public informational hearings are being held on Tuesday, August 18, 2020, Thursday, August 20, 2020, Tuesday, August 25, 2020, and Thursday, September 3, 2020, from 9 AM to 8 PM. Interested parties may participate in the virtual online public informational hearings in three ways: providing public testimony, watching online, or calling in to listen or leave testimony via voice mail. Three public testimony sessions, morning from 9 AM to 12 PM, afternoon from 1 PM to 4 PM, and evening from 5 PM to 8 PM with be available during each hearing. Interested parties will each have three minutes to provide public testimony by registering online at https://495-270-p3.com/DEIS after which email instructions will be provided. The virtual hearings may be watched online at https://495-270-p3.com/DEIS or may be listened to by calling 855-432-1483. This phone number also offers the option to provide private testimony by voicemail from 9 AM to 8 PM each hearing day. The two in-person public hearings will be held on Tuesday, September 1, 2020 at the Homewood Suites by Hilton at 9103 Basil Court, Largo, MD 20774, from 12 PM to 9 PM, and on Thursday, September 10, 2020 at the Hilton Executive Meeting Center at 1750 Rockville Pike, Rockville, MD 20852, from 12 PM to 9 PM. Due to the current COVID-19 health crisis, public and private testimony at in-person public hearings will be by appointment only and hearing room attendance will be limited to participants offering testimony. Register by calling 833-858-5960. Participants will be placed in hour-long time slots and may listen to public testimony offered during their time slot. Interested parties will each have three minutes to provide public testimony. Attendees will receive an informational brochure, however open-house materials and displays will not be available. Private testimony may be provided to a court reporter from 12 to 9 PM during the in-person hearings. Unregistered participants will be offered the next time slot, if one is available, or the opportunity to offer private testimony to a court reporter. Social distancing protocols will be strictly enforced, including face coverings, hand sanitizing stations, and limited capacity in hearing rooms. Only those issues subject to regulation by the MDE Nontidal Wetlands and Waterway Construction Divisions (impacts to nontidal wetlands, wetland buffer, waterways, and the 100-year nontidal floodplain) will be considered in rendering a decision to grant or deny the MDE Permit. Public hearing documents, including the JPA documents, project plans, and the Managed Lanes Study (MLS) Draft Environmental Impact Statement (DEIS) can be downloaded from the Program website: http://495-270-p3.com/DEIS. The JPA documents will include the application; a project location map; a map of the proposed mitigation sites; alignment cross sections by alternative; the wetlands delineation memorandum; the Avoidance, Minimization, and Impacts Report; the Draft Compensatory Mitigation Report; Impact Plates; Impact Tables; the Tier II list; and the DEIS. Hard copies of the DEIS and JPA with supporting documents will be available for review during the comment period at the document availability locations listed below beginning July 10, 2020. Hearing materials, including a presentation, informational displays, and brochure can be viewed starting July 31, 2020 at the document availability locations or on the Program website. MARYLAND STATE OFFICES: Viewing hours: Mon. to Fri. 11 AM to 7 PM, Sat. and Sun. 12 to 5 PM. Montgomery County Locations: MDOT SHA Gaithersburg Shop, 502 Quince Orchard Road, Gaithersburg, MD 20878; MDTA MD 200 West Operations, 16902 Crabbs Branch Way, Rockville, MD 20855; MDOT SHA Fairland Shop, 12020 Plum Orchard Road, Silver Spring, MD 20904; MDOT SHA Silver Spring Study Office, 8537 Georgia Avenue, Silver Spring, MD 20910. Prince George’s County Location: MDOT SHA District 3 Office, 9300 Kenilworth Avenue, Greenbelt, MD 20770.
MARYLAND LIBRARIES: Hard copies will be available in trailers in the library parking lots. Viewing hours: Tues. and Thurs. 11 AM to 7 PM, and Sun. 12 to 5 PM. Once libraries are open to the public, the hard copies will be available for review in the libraries during normal branch hours. Montgomery County Locations: Chevy Chase Library, 8005 Connecticut Ave, Chevy Chase, MD, 20815; Davis (North Bethesda) Library, 6400 Democracy Blvd, Bethesda, MD, 20817; Kensington Park Library, 4201 Knowles Ave, Kensington, MD, 20895; Potomac Library, 10101 Glenolden Drive, Potomac, MD 20854. Prince George’s County Locations: Glenarden Branch Library, 8724 Glenarden Pkwy, Glenarden, MD, 20706; Largo-Kettering Branch Library, 9601 Capital Ln, Largo, MD, 20774; New Carrollton Branch Library, 7414 Riverdale Rd, New Carrollton, MD, 20784; Spauldings Branch Library, 5811 Old Silver Hill Rd, District Heights, MD, 20747. US POST OFFICES (PO): Viewing hours: Mon. to Fri. 9 AM to 5 PM, Sat. 9 AM to Varies (see below). Montgomery County PO Locations: West Lake PO (Sat. closes at 1 PM), 10421 Motor City Drive, Bethesda, MD 20817, Rockville PO (Sat. closes at 4 PM), 500 N Washington Street, Rockville, MD 20850. Prince George’s County PO Locations: Kenilworth PO (Sat. 12 PM) 6270 Kenilworth Avenue, Riverdale, MD 20737; Hampton Park PO (Sat. closes at 4 PM), 9201 Edgeworth Drive, Capitol Heights, MD 20790; Largo PO (Sat. closes at 3 PM), 9801 Apollo Drive, Upper Marlboro, MD 20774; Temple Hills PO (Sat. closes at 2:30 PM), 4806 Saint Barnabas Road, Temple Hills, MD 20748. Due to the preliminary nature of some of the JPA information, a second opportunity for public comment via a separate MDE public notice is anticipated if there are significant changes to the proposed nature, location or amount of proposed impacts. Any public comments received from a second public notice will be part of the administrative record and considered by MDE in the permit evaluation and decision.
Written comments, and requests to be included on the interested persons list may be sent by October 8, 2020 to the Maryland Department of the Environment, Attn: Steve Hurt, 1800 Washington Boulevard, Suite 430, Baltimore, MD 21230-1708 or at MDE.SHAprojects@maryland.gov or 443-856-4760. For MDE, only those issues subject to regulation by the MDE Nontidal Wetlands and Waterway Construction Divisions (impacts to nontidal wetlands, wetland buffer, and waterways, including the 100-year nontidal floodplain) will be considered in rendering a decision to grant or deny the MDE Permit. Future public notices on the application will be included on the MDE website (https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/MLS_I-495_I-270.aspx) and sent via certified mail to any newly identified adjacent property owners and sent via regular mail to the Interested Persons List. Please refer to Subsection 5-907 of the Annotated Code of Maryland or the Code of Maryland Regulations 26.23.02 for information regarding the application process.