Details for Notice of Application for State Wetland Licenses

Updated

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

The Water and Science Administration is reviewing the following applications for State Wetland Licenses, Private Wetland Permits, Nontidal Wetlands and Waterways Permits and/or Water Quality Certifications. The applications and related information are on file at the Administration. Arrangements may be made for inspection and copying of file materials. Interested parties may provide written comments on the application or request an informational hearing on any listed application. A request for a hearing must be in writing and provide the following information: 1) Name, Address, and Telephone Number of the person making the request; 2) The identity of any other person(s) the requestor is representing; and 3) the specific issues proposed to be considered at the hearing. Please refer to the case number (i.e., 00-NT-0000, 00-WL-000, 00-WP-000, 00-WQC-0000) which identifies each application. Address correspondence to the attention of the Administration contact contained in the project’s public notice. If none is listed, send correspondence to the Wetlands and Waterways Program, Water and Science Administration, 1800 Washington Boulevard Baltimore, Maryland, 21230. For questions regarding any public notice, you can contact the Wetlands and Waterways Program by Telephone; (410) 537-3456. Written comments or requests for a hearing must be received on or before September 29, 2022 unless otherwise noted in the Public Notice.

Montgomery County

20-NT-0114/202060649/22-WQC-0023: MARYLAND DEPARTMENT OF TRANSPORTATION, STATE HIGHWAY ADMINISTRATION, 601 N. Calvert Street, Baltimore, Maryland 21202, has applied to construct the Managed Lanes Study (MLS) Phase 1 South (Preferred Alternative 9) 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 County, and enhances existing and planned multimodal mobility. The project consists of adding two new High-Occupancy Vehicle Toll (HOT) managed lanes (MLs) in each direction from the George Washington Memorial Parkway to west of MD 187; converting the one existing High-Occupancy Vehicle (HOV) lane in each direction of I-270 to a HOT ML and adding one new HOT ML in each direction on I-270 from I-495 to north of I-370 and on the I-270 east and west spurs; removing the existing collector-distributor (C-D) lanes along I-270 from Montrose Road to I-370; installing flexible delineators within the buffer to separate the MLs from the General Purpose Lanes; replacing the American Legion Bridge (ALB) with a new, wider bridge to accommodate the two HOT lanes in each direction and a shared use path to provide bicycle and pedestrian connection between Maryland and Virginia; construction of on-site and off-site stormwater management improvements and construction access; utility relocations; construction of mitigation/restoration sites to meet National Park Service and Maryland-National Capital Parks and Planning Commission mitigation requirements; and use of temporary erosion and sediment controls. The project will permanently impact 0.86 acres (37,346 square feet) of forested nontidal wetland, 0.01 acres (481 square feet) of scrub-shrub nontidal wetland, 2.64 acres (115,107 square feet) of emergent nontidal wetland, 6.26 acres (272,559 square feet) of 25-foot nontidal wetland buffer, 27,272 linear feet (538,647 square feet) of perennial stream, 10,709 linear feet (80,208 square feet) of intermittent stream, and 24.21 acres (1,054,683 square feet) of 100-year nontidal floodplain. The proposed project would also temporarily impact 0.22 acres (9,666 square feet) of forested nontidal wetland, 0.26 acres (11,454 square feet) of emergent nontidal wetland, 0.41 acres (17,934 square feet) of 25-foot nontidal wetland buffer, 1,116 linear feet (314,685 square feet) of perennial stream, 1,184 linear feet (7,962 square feet) of intermittent stream, and 7.42 acres (323,257 square feet) of the 100-year floodplain. The proposed stream impacts are to Use I and I-P waterways. The proposed project is located in Montgomery County along I-495 from the George Washington Memorial Parkway in Virginia, including improvements to the American Legion Bridge (ALB) over the Potomac River, to east of MD 187 on I-495, and I-270 from I-495 to north of I-370 and on the I-270 eastern spur from east of MD 187 to I-270. The proposed project is in the Middle-Potomac-Anacostia-Occoquan and Middle Potomac-Catoctin watersheds. The mitigation requirement in Maryland is 4.38 acres of wetland mitigation and 7,400 functional feet of stream mitigation. The applicant has submitted a mitigation plan to compensate for the proposed, unavoidable permanent impacts to wetlands and waterways by restoring approximately 721 functional feet of stream at the Unnamed Tributary to Great Seneca Creek Stream Restoration Site (CA-5) and restoring approximately 5,149 functional feet of Cabin Branch and restoring approximately 4.38 acres (190,793 square feet) of nontidal wetland, enhancing 0.01 acres (653 square feet) of nontidal wetlands, and enhancing 0.16 acres (7,115 square feet) of nontidal wetland buffer at the Cabin Branch Stream Restoration and Wetland Mitigation Site (RFP-2). Two permittee-responsible mitigation sites were chosen for the Final Compensatory Mitigation Plan based on their potential for functional uplift, construction feasibility, proximity to the study area, mitigation credits, and replacement of lost functions and values resulting from roadway improvements.Both mitigation sites are located in the Middle Potomac-Catoctin HUC-8 (02070008) watershed in Montgomery County. The remaining 1,530 functional feet of stream mitigation requirement will be satisfied through purchase of credits from a Mitigation Bank. The proposed wetland and stream mitigation sites would temporarily impact 0.08 acres (3,515 square feet) of forested nontidal wetland, 0.11 acres (4,889 square feet) of emergent nontidal wetland, 0.63 acres (27,430 square feet) of 25-foot nontidal wetland buffer, 11,860 linear feet (349,178 square feet) of perennial channel, 322 linear feet (2,126 square feet) of intermittent channel, and 27.03 acres (1,177,631 square feet) of 100-year floodplain. Of the temporary wetland impacts, approximately 0.03 acres (1,172 square feet) of forested nontidal wetland and 0.05 acres (2,378 square feet) of emergent nontidal wetland at the CA-5 Mitigation Site require replacement and will be replaced in-kind on-site. All other temporary impacts will be restored. The National Park Service and M-NCPPC will require additional mitigation/restoration for impacts to park properties. Construction of the proposed park mitigation projects would temporarily impact 2.44 acres (106,485 square feet) of forested nontidal wetland, 0.77 acres (33,500 square feet) of 25-foot nontidal wetland buffer, 915 linear feet (34,153 square feet) of perennial channel, 657 linear feet (4,779 square feet) of intermittent channel, and 4.71 acres (205,225 square feet) of 100-year floodplain. One virtual on-line and one in-person joint public informational hearing with MDE, the US Army Corps of Engineers will be held for this project. The virtual online public informational hearing is being held from 6:30 PM to 9:30 PM, with a virtual poster session starting at 5:30 PM on Wednesday, September 14, 2022. Interested parties may participate in the virtual online hearings by providing public testimony and/or watching online. Interested parties will each have three minutes to provide public testimony (or 5 minutes if representing a group) by registering online at the Op Lanes Maryland website, oplanesmd.com/environmental/jpa after which email instructions will be provided. The virtual hearings may be watched online at oplanesmd.com/environmental/jpa. The in-person public hearing is being held from 6:30 PM to 9:30 PM, with a poster session starting at 5:30 PM on Thursday, September 8, 2022. The hearing location will be at the Hilton Executive Meeting Center, 1750 Rockville Pike, Rockville, MD 20852. Interested parties will each have three minutes to provide public testimony (or 5 minutes if representing a group). The hearings will be transcribed; hearing transcripts will be available on the Op Lanes Maryland Project website. Comments can also be provided in writing at the public informational hearings, via email or U.S. mail. Public hearing documents, including the JPA documents, WQC request documents, project plans, and planning documents can be downloaded from the Op Lanes Maryland Project website: https://oplanesmd.com/environmental/jpa/. The JPA documents will include the application; the Water Quality Certification (WQC) request and supporting documents, 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 Wetlands and Waterways Mitigation Plan; Impact Plates; Impact Tables; and the Final Environmental Impact Statement (FEIS). Hard copies of the JPA and WQC request with supporting documents will be available for review during the comment period at the document availability locations listed below beginning July 15, 2022. The hard copies will be available for review in the libraries during normal branch hours. Gaithersburg Library, 18330 Montgomery Village Avenue, Gaithersburg, MD 20879; Quince Orchard Library, 15831 Quince Orchard Road, Gaithersburg, MD 20878; Rockville Memorial Library, 21 Maryland Avenue, Rockville, MD 20850; Davis Library, 6400 Democracy Boulevard, Bethesda, MD 20817; Kensington Park Library, 4201 Knowles Avenue, Kensington, MD 20895; Chevy Chase Library, 8005 Connecticut Avenue, Chevy Chase, MD 20815, Silver Spring Library, 900 Wayne Avenue, Silver Spring, MD 20910, White Oak Library, 11701 New Hampshire Avenue, Silver Spring, MD 20904. Written comments, and requests to be included on the interested persons list may be sent by September 29, 2022 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.

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