B08_24-NT-3101_Byron_Bridge_ATP_Signed_0002.pdf

STATE OF MARYLAND

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

WETLANDS AND WATERWAYS PROTECTION PROGRAM

AUTHORIZATION TO PROCEED

AUTHORIZATION NUMBER: 202460847/24-NT-3101

EFFECTIVE DATE: August 15, 2024

EXPIRATION DATE: August 15, 2029

AUTHORIZED PERSON: U.S. National Park Service

142 W Potomac Street

Williamsport, MD 21795

ATTN: R. Timothy Davis

IN ACCORDANCE WITH ENVIRONMENT ARTICLE §5-503(a) AND §5-906(b), ANNOTATED CODE OF MARYLAND

(2007 REPLACEMENT VOLUME), COMAR 26.17.04 AND 26.23.01, AND 26.08.02 AND THE ATTACHED

CONDITIONS OF AUTHORIZATIONS, U.S. National Park Service ("AUTHORIZED PERSON"), IS HEREBY

AUTHORIZED BY THE WATER AND SCIENCE ADMINISTRATION ("ADMINISTRATION") TO CONDUCT A

REGULATED ACTIVITY IN A NONTIDAL WETLAND, BUFFER, OR EXPANDED BUFFER, AND/OR TO CHANGE

THE COURSE, CURRENT OR CROSS-SECTION OF WATERS OF THE STATE, IN ACCORDANCE WITH THE

ATTACHED PLANS APPROVED BY THE ADMINISTRATION ON August 15, 2024 ("APPROVED PLAN") AND

PREPARED BY VHB Inc. AND INCORPORATED HEREIN, AS DESCRIBED BELOW:

Replacement of an existing spiral staircase connecting the Appalachian National Scenic Trail with the C&O Canal Towpath

Trail attached to the Byron Bridge railroad crossing of the Potomac River at Harpers Ferry. The project location is 409 Harpers

Ferry Rd, Knoxville, in Washington County. The project will temporarily impact 26,094 Square Feet of the 100-year floodplain and permanently impact 747 Square Feet of the 100-year floodplain.

MD Grid Coordinates: N 184233 E 337374

Heather L. Nelson

Program Manager

Wetlands and Waterways Protection Program

Attachments: Conditions of Authorization, Approved Plans cc: WSA Compliance Division w/ file, Washington Co.

THE FOLLOWING CONDITIONS OF AUTHORIZATION APPLY TO ALL ACTIVITIES AUTHORIZED BY

AUTHORIZATION NUMBER 202460847/24-NT-3101

1. Validity: Authorization is valid only for use by Authorized Person. Authorization may be transferred only with prior written approval of the Administration. In the event of transfer, transferee agrees to comply with all terms and conditions of Authorization.

2. Initiation of Work, Modifications and Extension of Term: Authorized Person shall initiate authorized activities with two (2) years of the Effective Date of this Authorization or the Authorization shall expire. Authorized Person may submit written requests to the Administration for (a) extension of the period for initiation of work, (b) modification of

Authorization, including the Approved Plan, or, (c) not later than 45 days prior to Expiration Date, an extension of the term.

Requests for modification shall be in accordance with applicable regulations and shall state reasons for changes, and shall indicate the impacts on nontidal wetlands, streams, and the floodplain, as applicable. The Administration may grant a request at its sole discretion.

3. Responsibility and Compliance: Authorized Person is fully responsible for all work performed and activities authorized by this Authorization shall be performed in compliance with this Authorization and Approved Plan. Authorized Person agrees that a copy of the Authorization and Approved Plan shall be kept at the construction site and provided to its employees, agents and contractors. A person (including Authorized Person, its employees, agents or contractors) who violates or fails to comply with the terms and conditions of this Authorization, Approved Plan or an administrative order may be subject to penalties in accordance with §5-514 and §5-911, Department of the Environment Article, Annotated

Code of Maryland (2007 Replacement Volume).

4. Failure to Comply: If Authorized Person, its employees, agents or contractors fail to comply with this Authorization or

Approved Plan, the Administration may, in its discretion, issue an administrative order requiring Authorized Person, its employees, agents and contractors to cease and desist any activities which violate this Authorization, or the Administration may take any other enforcement action available to it by law, including filing civil or criminal charges.

5. Suspension or Revocation: Authorization may be suspended or revoked by the Administration, after notice of opportunity for a hearing, if Authorized Person: (a) submits false or inaccurate information in Permit application or subsequently required submittals; (b) deviates from the Approved Plan, specifications, terms and conditions; (c) violates, or is about to violate terms and conditions of this Authorization; (d) violates, or is about to violate, any regulation promulgated pursuant to Title 5, Department of the Environment Article, Annotated Code of Maryland as amended; (e) fails to allow authorized representatives of the Administration to enter the site of authorized activities at any reasonable time to conduct inspections and evaluations; (f) fails to comply with the requirements of an administrative action or order issued by the Administration;

or (g) does not have vested rights under this Authorization and new information, changes in site conditions, or amended regulatory requirements necessitate revocation or suspension.

6. Other Approvals: Authorization does not authorize any injury to private property, any invasion of rights, or any infringement of federal, State or local laws or regulations, nor does it obviate the need to obtain required authorizations or approvals from other State, federal or local agencies as required by law.

7. Site Access: Authorized Person shall allow authorized representatives of the Administration access to the site of authorized activities during normal business hours to conduct inspections and evaluations necessary to assure compliance with this

Authorization. Authorized Person shall provide necessary assistance to effectively and safely conduct such inspections and evaluations.

8. Inspection Notification: Authorized Person shall notify the Administration's Compliance Program at least five (5) days before starting authorized activities and five (5) days after completion. For Allegany, Garrett, and Washington counties, Authorized Person shall call 301-689-1480. For Carroll, Frederick, Howard, Montgomery, and Prince George’s counties, Authorized Person shall call 301-665-2850. For Baltimore City, Anne Arundel, Baltimore, Calvert, Charles, Harford and

St. Mary’s, Authorized Person shall call 410-537-3510. For Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico and Worcester, Authorized Person shall call 410-901-4020. If Authorization is for a project that is part of a mining site, please contact the Land and Materials Administration’s Mining Program at 410-537-3557 at least five (5) days before starting authorized activities and five (5) days after completion.

9. Sediment Control: Authorized Person shall obtain approval from the MDE for a grading and sediment control plan specifying soil erosion control measures. The approved grading and sediment control plan shall be included in the

Approved Plan and shall be available at the construction site.

10. Best Management Practices During Construction: Authorized Person, its employees, agents and contractors shall conduct authorized activities in a manner consistent with the Best Management Practices specified by the Administration.

11. Disposal of Excess: Unless otherwise shown on the Approved Plan, all excess fill, spoil material, debris, and construction material shall be disposed of outside of nontidal wetlands, nontidal wetlands buffers, and the 100-year floodplain, and in a location and manner which does not adversely impact surface or subsurface water flow into or out of nontidal wetlands.

THE FOLLOWING CONDITIONS OF AUTHORIZATION APPLY TO ALL ACTIVITIES AUTHORIZED BY

AUTHORIZATION NUMBER 202460847/24-NT-3101

12. Temporary Staging Areas: Temporary construction trailers or structures, staging areas and stockpiles shall not be located within nontidal wetlands, nontidal wetlands buffers, or the 100-year floodplain unless specifically included on the

Approved Plan.

13. Temporary Stream Access Crossings: Temporary stream access crossings shall not be constructed or utilized unless shown on the Approved Plan. If temporary stream access crossings are determined necessary prior to initiation of work or at any time during construction, Authorized Person, its employees, agents or contractors shall submit a written request to the Administration and secure the necessary permits or approvals for such crossings before installation of the crossings.

Temporary stream access crossings shall be removed and the disturbance stabilized prior to completion of authorized activity or within one (1) year of installation.

14. Discharge: Runoff or accumulated water containing sediment or other suspended materials shall not be discharged into waters of the State unless treated by an approved sediment control device or structure.

15. Instream Construction Prohibition:

No instream construction is to occur under this Authorization;

To protect important aquatic species, motor driven construction equipment shall not be allowed within stream channels unless on authorized ford crossings. Activities within stream channels are prohibited as determined by the classification of the stream (COMAR 26.08.02.08): Potomac River is a Use I-P waterway; in-stream work may not be conducted from

March 1 through June 15, inclusive, of any year.

16. Instream Blasting: Authorized Person shall obtain prior written approval from the Administration before blasting or using explosives in the stream channel.

17. Minimum Disturbance: Any disturbance of stream banks, channel bottom, wetlands, and wetlands buffer authorized by this Authorization or Approved Plan shall be the minimum necessary to conduct permitted activities. All disturbed areas shall be stabilized vegetatively no later than seven (7) days after construction is completed or in accordance with the approved grading or sediment and erosion control plan.

18. Restoration of Construction Site: Authorized Person shall restore the construction site upon completion of authorized activities. Undercutting, meandering or degradation of the stream banks or channel bottom, any deposition of sediment or other materials, and any alteration of wetland vegetation, soils, or hydrology, resulting directly or indirectly from construction or authorized activities, shall be corrected by Authorized Person as directed by the Administration.

FEDERALLY MANDATED STATE AUTHORIZATIONS

The State of Maryland issued a Water Quality Certification to the U.S. Army Corps of Engineers for projects receiving federal authorization under the Maryland State Programmatic General Permit, Regional General Permit for Chesapeake

Bay Total Maximum Daily Load (TMDL) Activities and non-suspended Nationwide Permits. In addition, as applicable, this Authorization constitutes the State’s concurrence with the Applicant’s certification that the activities authorized herein are consistent with the Maryland Coastal Zone Management Program, as required by Section 307 of the Coastal

Zone Management Act of 1972, as amended. Activities in the following counties are not subject to the Maryland Coastal

Zone Management requirement: Allegany, Carroll, Frederick, Garrett, Howard, Montgomery, and Washington.

U.S. ARMY CORPS OF ENGINEERS AUTHORIZATION

The U.S. Army Corps of Engineers does not regulate impacts to the 100-year floodplain.