April 15, 2020 Mr. Joseph DaVia Chief, Maryland Section Northern US Army Corps of Engineers Baltimore District Regulatory Branch 2 Hopkins Plaza Baltimore MD 21201 Ms. Amanda Sigillito Division Chief Maryland Department of the Environment Wetland and Waterways Program Nontidal Wetlands Division 1800 Washington Boulevard Baltimore MD 21230 Dear Mr. DaVia and Ms. Sigillito: The Maryland Department of Transportation State Highway Administration (MDOT SHA) is submitting a Joint Federal/State Application and supporting documentation for the Alteration of Any Floodplain, Waterway, Tidal or Nontidal Wetland within the Limits of Disturbance (LOD) of the Build Alternatives of the I-495 & I-270 Managed Lanes Study (MLS), located in Montgomery and Prince George’s counties in Maryland and Fairfax County in Virginia (see attached Vicinity Map). This application is submitted pursuant to the requirements of the Code of Maryland Regulations, Sections 26.17 and 26.23, and Section 404 of the Clean Water Act and supported by the publicly available MLS Draft Environmental Impact Statement. One original and six copies of the following documents are enclosed for review and processing of this permit request: • Joint Permit Application, Tier II Checklist, and Billing Approval Form • Impact Plates • United States Army Corps of Engineers (USACE) Impact Tables • Maryland Department of the Environment (MDE) Impact Tables Supporting information for this permit application has been posted to the project’s FTP site, accessible via the following link: https://sftp1.mdot.state.md.us/ The login is: Username: NEPAUSACE Password: pthreeuser1 * Please note, the FTP site works best using Google Chrome 707 North Calvert St., Baltimore, MD 21202 | 410.637.3320 | 1.833.858.5960 | Maryland Relay TTY 800.735.2258 | roads.maryland.gov Mr. Joseph DaVia Ms. Amanda Sigillito Page Two Supporting information includes: • Online Mapping Tool Link and Login Information • Wetland Delineation Memo • Avoidance, Minimization, and Impacts Report • Draft Compensatory Mitigation Plan MDOT SHA is proposing the MLS to provide a travel demand management solution(s) that addresses congestion and improves trip reliability on I-495 and I-270 within the Study limits and enhances existing and planned multimodal mobility and connectivity. The extent of the MLS on I-495 is from in the vicinity of the George Washington Memorial Parkway in Fairfax County, Virginia to west of MD 5 in Prince George’s County and on I-270 from I-495 to I-370, including the east and west I-270 spurs. Six Build Alternatives, Alt 8, Alt 9, Alt 9M, Alt 10, Alt 13B, and Alt 13C, are being considered and each Build Alternative includes construction activities that would result in unavoidable impacts to wetlands and waterways, including: roadway widening and reconfiguration, additional drainage improvements, staging and stockpiling areas, construction access areas, culvert extension and augmentation, outfall stabilization, and bridge replacement. Project activities would occur within the following 16 Maryland 12-digit watersheds: Potomac River/Rock Run, Cabin John Creek, Rock Creek, Sligo Creek, Northwest Branch, Paint Branch, Little Paint Branch, Northeast Branch, Bald Hill Branch, Upper Beaverdam Creek, Upper Southwest Branch, Lower Southwest Branch, Watts Branch, Muddy Branch, Beaverdam Creek, and Henson Creek. The MLS Build Alternatives would result in a range of USACE and MDE impacts. The impacts associated with each Build Alternative are shown on the impact plates and included in the impact tables. If you need further assistance, please contact Ms. Caryn J. G. Brookman, MDOT SHA I-495 & I-270 P3 Office Environmental Program Manager, at 410-637-3335 or via email at [email protected]. Ms. Brookman will be happy to assist you. Sincerely, Lisa B. Choplin, DBIA Director, I-495 & I-270 P3 Office cc: Ms. Jeanette Mar, Environmental Program Manager, Federal Highway Administration Ms. Caryn J. G. Brookman, Environmental Program Manager, I-495 & I-270 P3 Office, MDOT SHA Jeffrey T. Folden, P.E., DBIA, Deputy Director, I-495 & I-270 P3 Office MDOT SHA JOINT FEDERAL/STATE APPLICATION FOR THE ALTERATION OF ANY FLOODPLAIN, WATERWAY, TIDAL OR NONTIDAL WETLAND IN MARYLAND FOR AGENCY USE ONLY Application Number Date Determined Complete Date Received by State Date(s) Returned Date Received by Corps Type of State permit needed Date of Field Review Type of Corps permit needed Agency Performed Field Review +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ • Please submit 1 original and 6 copies of this form, required maps and plans to the Wetlands and Waterways Program as noted on the last page of this form. • Any application that is not completed in full or is accompanied by poor quality drawings may be considered incomplete and result in a time delay to the applicant. Please check one of the following: RESUBMITTAL: APPLICATION AMENDMENT: MODIFICATION TO AN EXISTING PERMIT: JURISDICTIONAL DETERMINATION ONLY: APPLYING FOR AUTHORIZATION X PREVIOUSLY ASSIGNED NUMBER (RESUBMITTALS AND AMENDMENTS) DATE April 15, 2020 1. APPLICANT INFORMATION: APPLICANT NAME: A. Name: Lisa Choplin B. Daytime Telephone: (410) 637-3320 C. Company: MDOT SHA D. Email Address: [email protected] E. Address: 601 N. Calvert Street F. City: Baltimore State: MD Zip: 21202 AGENT/ENGINEER INFORMATION: A. Name: Karen Kahl B. Daytime Telephone: (410) 462-9243 C. Company: MDOT SHA/RK&K D. Email Address: [email protected] E. Address: 601 N. Calvert Street F. City: Baltimore State: MD Zip: 21202 ENVIRONMENTAL CONSULTANT: A. Name: Madeline Sigrist B. Daytime Telephone: (410) 462-9125 C. Company: RK&K D. Email Address: [email protected] E. Address: 700 E Pratt Street, Suite 500 F. City: Baltimore State: MD Zip: 21202 CONTRACTOR (If known): Environmental Consultant Reviewer A. Name: Emily Dolbin B. Daytime Telephone: 410-462-7400 C. Company: McCormick Taylor, Inc. D. Email Address: [email protected] E. Address: 509 South Exeter Street, 4th Floor F. City: Baltimore State: MD Zip: 21202 PRINCIPAL CONTACT: A. Name: Caryn Brookman B. Daytime Telephone: (410) 637-3335 C. Company: MDOT SHA D. Email Address: [email protected] E. Address: 601 N. Calvert Street F. City: Baltimore State: MD Zip: 21202 2. PROJECT DESCRIPTION a. GIVE WRITTEN DESCRIPTION OF PROJECT: A description of the project is provided in Section 1 of the I-495 & I-270 Managed Lanes Study DEIS Has any portion of the project been completed? Yes X No If yes, explain Is this a residential subdivision or commercial development? Yes X No If yes, total number of acres on property acres Will there be temporary or permanent tree clearing occurring on the overall project site (i.e., uplands and wetlands), including but not limited to, tree clearing for site development, road/highways, utilities, mining, stormwater management, restoration, energy production and transmission, etc.)? __X_ Yes ________ No If yes, total estimated acres of tree clearing for the overall project site: ____1,497.4_______ acres b. ACTIVITY: Check all activities that are proposed in the wetland, waterway, floodplain, and nontidal wetland buffer as appropriate. A. X filling D. flooding or impounding F. X grading B. dredging water G. X removing or destroying C. X excavating E. draining vegetation H. X building structures MDE Impacts: Alternative 8 9 9M 10 13B 13C Area of Stream Impact (sq. ft) 1,755,162 1,755,162 1,752,947 1,771,798 1,760,339 1,766,792 Length of Stream Impact (linear feet) 140,632 140,632 141,116 142,807 141,677 142,458 Area of Wetland Impact (sq. ft) 702,625 702,625 691,178 710,359 701,437 708,709 Area of Wetland Buffer Impact (sq. ft) 2,306,797 2,306,797 2,285,645 2,327,615 2,303,914 2,321,947 Area of 100-Year Floodplain Impact (sq. ft) 5,206,883 5,206,883 5,075,228 5,227,207 5,205,627 5,223,984 USACE Impacts: Alternative 8 9 9M 10 13B 13C Area of Stream Impact (sq. ft) 1,751,484 1,751,484 1,743,044 1,762,105 1,750,538 1,757,140 Length of Stream Impact (linear feet) 135,192 135,192 134,527 136,245 135,104 135,902 Area of Wetland Impact (sq. ft) 702,478 702,478 691,031 710,212 701,290 708,562 Area of POW Impact (sq. ft) 64,134 64,134 64,134 64,134 64,134 64,134 c. TYPE OF PROJECTS: Project Dimensions (***Reference Attachments for Specific Impacts***) Note: Calculated using MDE jurisdictional impacts for Waters and Wetlands For each activity, give overall length and width (in feet), in columns 1 and 2. For multiple activities, give total area of disturbance in square feet in column 3. For activities in tidal waters, give maximum distance channelward (in feet) in column 4. For dam or small ponds, give average depth (in feet) for the completed project in column 5. Give the volume of fill or dredged material in column 6. Maximum/Average Volume of fill/dredge Length Width Area Channelward Pond material (cubic yards) (Ft.) (Ft.) (Sq. Ft.) Encroachment Depth below MHW or OHW 1 2 3 4 5 6 A. Bulkhead B. Revetment C. Vegetative Stabilization D. Gabions E. Groins F. Jetties G. Boat Ramp H. Pier I. Breakwater J. Repair & Maintenance K. X Road Crossing Varies, see below L. Utility Line M. Outfall Construction N. Small Pond O. Dam P. Lot Fill Q. Building Structures R. X Culvert (existing Varies, see culverts) below S. Bridge T. Stream Channelization U. Parking Area V. Dredging 1. New 2. Maintenance 3. Hydraulic 4. Mechanical W. Other (explain) MDE Project Dimensions Alternative 8 9 9M 10 13B 13C Road Crossing (sq. ft) 2,078,096 2,078,096 3,184,893 3,213,452 3,198,915 3,163,785 Culvert (existing culverts) (sq. ft) 450,045 450,045 449,269 450,233 449,972 450,233 d.