Gunpowder Riverkeeper files Petitions for Judicial Review in Harford and Baltimore Counties, MD on the MDE Wetland and Waterways Permit to Protect Wetlands, Waterways and Sensitive Species on the I-95 Extended Toll Lanes Project
For Immediate Release: July 6, 2021
Contact: Theaux M. Le Gardeur (410) 967-3526
Gunpowder Riverkeeper, Gunpowderriverkeeper@gmail.com
Monkton, Maryland. – On June 4th, Gunpowder Riverkeeper filed Petitions for Judicial Review in both Baltimore and Harford Counties, Maryland on the Maryland Department of the Environments (MDE) Wetlands and Waterway Permit for the 1.1 Billion Dollar Maryland Transit Authority (MDTA) I-95 Extended Toll Lanes Project (ETL’s) to protect the Gunpowder and Bush rivers, wetlands and the sensitive species so they get the protection they deserve from the Maryland Department of the Environment (MDE).
Parties wishing to oppose or support Gunpowder Riverkeeper’s petition may do so by reviewing and entering a petition for judicial review in Harford and Baltimore County by July 22.
Information on how to file a petition for judicial review can be found at this link: https://www.peoples-law.org/appealing-administrative-decision
The Gunpowder River, Little Gunpowder, Otter Point Creek and the Bush River downstream of the proposed I-95 Toll Lanes are used by boaters, recreational and commercial fishers, and swimmers, It is also is a great area for fishing and crabbing along the Chesapeake Bay and is listed as Essential Fish Habitat and spawning habitat for anadromous fish like Rockfish, Herring, Alewives and Perch.
“The documents MDE relied upon in their permit issuance failed to consider impacts to 26 species of finfish including herring, Alewives, hickory and American Shad, the tidal largemouth bass fishery, sensitive species like sturgeon and other anadromous fish, and the well-documented significant spawning habitat located in the Lower Gunpowder and Bush River Watersheds.”
The Clean Water Act and State law requires that MDE requires applicants, in this case, the Maryland Transit Authority to undergo antidegradation analysis of high quality waterways and their catchments including wetlands areas, and the sensitive species that will be directly and indirectly impacted by the project and a Socio-Economic justification if needed, to allow impacts to these regulated water resources.
Unfortunately, State and federal regulators have recently failed in their duty to provide the required protections under the Clean Water Act for these waterways and the communities that use them.
“MDE’s approval of the Wetlands and Waterways permit violated the Agency’s antidegradation policy and does not meet the basic requirements of the [Clean Water Act],” said Theaux Le Gardeur, the Gunpowder Riverkeeper.
“Otter Point Creek on the Bush River and Little Gunpowder and Gunpowder Rivers are waterways which deserve to be fully protected for fishing, swimming, drinking water, recreation, and wildlife habitat,” said Gunpowder Riverkeeper.
Gunpowder Riverkeeper’s notice letter asks the Circuit Courts in Harford and Baltimore to review the Agency record on the approved permit that failed to answer Riverkeeper and the public’s comments on monitoring, antidegradation and localized mitigation to ensure the project complies with state and federal water laws.
Theaux Le Gardeur, The Gunpowder RiverKeeper said, “…the major modifications of the project including replacing, rather than redecking bridges over the Gunpowder and little Gunpowder and “banking” the mitigation outside of the immediate area of impact along the Jones Falls watershed in the Patapsco instead of localized mitigation that would benefit the environment and communities along 303(d) listed “impaired” Gunpowder and Bush Rivers.
“These impacts were not evaluated in the 2007 Environmental Assessment and the 2011 Finding of No Significant Impact that MDE is relying on in this permit proceeding…” The file also points to gaps in public information withheld during the comment period about the project’s impacts to the State Endangered Chesapeake Log Perch that are of significant public interest that were neither noticed nor provided to the public during the comment period,” said Theaux M. Le Gardeur, Gunpowder Riverkeeper.
Gunpowder Riverkeeper is represented Pro se and is actively seeking legal representation on this matter. Volunteer attorneys have provided legal representation to Gunpowder Riverkeeper in the past 10 years with a successful litigation history that has protected the Gunpowder and Bush River watersheds and the Chesapeake Bay.
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The Gunpowder RIVERKEEPER is a 501(c)(3) nonprofit, EIN # 27-1517453 is categorized by the IRS under natural resource conservation and protection and was founded in 2010 by a grassroots group of fishing guides, hikers and boaters who enjoyed the natural beauty of the Gunpowder and Bush River Watersheds. The organization has 425 supporters that have environmental, aesthetic, and recreational interests in protected waterways. Our focus is education, outreach and advocacy of regulatory reform and compliance of state and federal water laws to protect the communities we serve and sensitive lands, waterways and species. We hold polluters accountable by prompting enforcement of water laws.