Public Notice
U.S. Army Corps In Reply to Application Number: CENAB‑OPR-M
of Engineers NAB-2017-01880 (FORT LESLEY J. McNAIR/RESTRICTED
Baltimore District AREA)
PN 19-59 Comment Period: September 6 to December 5, 2019
THE PURPOSE OF THIS SPECIAL PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC ABOUT THE ACTION DESCRIBED BELOW. AT THIS TIME, NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT THE ACTION WILL BE GRANTED.
The Baltimore District has received a request from Fort McNair for the establishment of a permanent restricted area as described below:
APPLICANT: Commander, JBM-HH, IMMH-ZA
204 Lee Avenue, Building 59
Fort Myer, Virginia 22211
LOCATION: Washington Channel and Anacostia River, in the vicinity of Fort McNair, Washington, DC.
ACTION: Fort McNair has requested the establishment of a permanent restricted area in the waters of the Washington Channel in the vicinity of Fort McNair, Washington, DC. The establishment of the proposed restricted area is necessary to reflect the current security and safety needs at Joint Base Myer-Henderson Hall (JBM-HH), including HMX missions and security needs at Ft. McNair including protection of the distinguished visitor’s quarters. The restricted area is also needed to protect public health by preventing vessels from disturbing a planned environmental remediation area located near Fort McNair. The restricted area would extend approximately 75-150 meters from the Fort McNair shoreline into the Washington Channel and Anacostia River.
§334.245 Washington Channel, Fort Lesley J. McNair, Washington, D.C.; Restricted Area.
(a) The area. The restricted area shall encompass all navigable waters of the United States as defined at 33 CFR Part 329, within the area bounded by a line connecting the following coordinates:
Commencing from the shoreline at Latitude 38o 52’18.776”N, longitude -077 1’9.436”W; thence to Latitude 38o 52’17.696”N, longitude -077 1’13.345”W; thence to Latitude 38o 52’12.798”N, longitude -077 1’12.114”W; thence to Latitude 38o 52’17.559”N, longitude -077 1’9.706”W; thence to Latitude 38o 51’43.667”N, longitude -077 1’9.771”W; thence to Latitude 38o 51’41.135”N, longitude -077 1’9.45”W; thence to Latitude 38 51’38.723”N, longitude -077 1’6.921”W; thence to, Latitude 38 51’38.257”N, longitude -077 1’3.101”W; thence to, Latitude 38 51’40.069”N, longitude -077 0’57.895”W; thence to, Latitude 38 51’41.708”N, longitude -077 0’54.969”W; thence to Latitude 38 51’41.918”N, longitude -077 0’53.911”W; thence to, Latitude 38 51’43.571”N, longitude -077 0’55.143”W. The datum for these coordinates is NAD-83.
(b) The regulations: Hazardous operations will be in effect on an indefinite 24-hour basis, seven days a week. All persons, vessels or other craft are prohibited from entering, transiting, drifting, dredging, or anchoring within the restricted area except persons, vessels, or other craft authorized entry by the Commander, JBM-HH or his/her designated representatives.
(c) All persons, vessels or other craft shall clear the area when warned by patrol vessels or on-shore communication.
(d) The boundary of the restricted area will be demarcated with marker buoys and warning signs located at all or some of the coordinates listed in paragraph (a).
(e) Enforcement. Any person or vessel encroaching within the restricted area will be directed to immediately leave the restricted area. Failure to do so could result in forceful removal and/or criminal charges.
(e) Exceptions. Fishermen may be authorized controlled access to the restricted area after registering with JBM-HH/Ft. McNair officials and following specific access notification procedures.
The decision whether to establish the requested restricted area will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, and, in general, the needs and welfare of the people.
Comments are being solicited from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to grant, modify, condition or deny authorization for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
It is requested that you communicate the foregoing information concerning the proposed work to any persons known by you to be interested and not being known to this office, who did not receive a copy of this notice.
Written comments concerning the action described above may be submitted directly to the District Engineer, U.S. Army Corps of Engineers, Baltimore District, Attn: Mr. Steve Harman, Regulatory Branch, CENAB‑OPR-MS, 2 Hopkins Plaza, Baltimore, Maryland 21201, within the comment period as specified above to receive consideration. If you have any questions concerning this matter, please contact Mr. Steve Harman at 410.962.6082 or steve.harman@usace.army.mil.
The proposed rulemaking has also been posted in the Federal Register for public comments for 30 days beginning September 3, 2019, Docket Number COE-2019-0010. This public notice is issued by the Chief, Regulatory Branch.