PN 19-61 NAB-2018-61292 (Loch Haven Civic Assoc. Inc./Beach and Breakwater) Anne Arundel County, Maryland

USACE
Published Sept. 19, 2019
Expiration date: 10/19/2019

                   Public Notice
U.S. Army Corps             In Reply to Application Number
of Engineers                    NAB-2018-61292 (Loch Haven Civic Assoc. Inc./Beach and
Baltimore District               Breakwater)               

  PN-19-61         Comment Period:                  September 19, 2019 to October 19, 2019
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW.  NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME.

This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:

APPLICANT:  Loch Haven Civic Association Incorporated
                        P.O. Box 1814
                        Edgewater, Maryland 21037

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located in the South River, a tidal water, located at 3448 South River Terrace in Edgewater, Anne Arundel County, Maryland.

OVERALL PROJECT PURPOSE: The overall project purpose is to renourish an existing 275 linear foot beach and provide additional shoreline protection to the beach at 3448 South River Terrace in Edgewater, Anne Arundel County, Maryland.

PROPOSED WORK:  The following work is proposed for authorization under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.  Three breakwater structures would be installed, totaling approximately 4,600 square feet (0.11 acre of permanent impact from placement of 310 cubic yards of stone).  The first structure would be constructed through a realignment and extension of the existing stone sill located at the northwestern end of the Cape, resulting in a new extension of constructed breakwater 30 feet long and 20 feet wide (600 square feet of permanent impact).  Work associated with the realignment and extension of the breakwater and beach renourishment would temporarily impact 230 square feet of low marsh, through access by equipment and sand deposition during construction, with the area being restored and replanted with Spartina alterniflora. The second breakwater would be 90 feet long by 20 feet wide (1800 square feet of permanent impact) and would be installed starting at +/-55 feet from the end of the first breakwater and would run parallel to the existing beach. After a second +/-55 foot opening, the final and longest breakwater structure, measuring 110 feet long by 20 feet wide (2200 square feet of permanent impact), would be installed running parallel to the beach and then turning to follow the alignment of the existing wood groin/jetty, and then terminate at the beach.  The breakwaters would be set at a crest height of +2.5 feet, which is approximately 0.8 foot above the spring tide elevation of +1.7 feet.  Approximately 700 cubic yards of sand fill and 10 cubic yards of cobble would be placed over an 8945 square feet (0.21 acre of permanent impact) area behind the proposed breakwaters for the purpose of beach nourishment and to create part of a small infiltration basin with cobble lined channel, installed just below the pedestrian path leading to the beach. Removal of 50 feet of the wooden groin/jetty (50 square feet of permanent impact) is also proposed. 

The following work is proposed for authorization under Section 404 of the Clean Water Act only.  At the end of the pedestrian walkway, geopaving and a cobble lined outfall approximately 15 feet long x 15 feet wide (225 square feet) in size, is proposed to be constructed, permanently impacting 225 square feet of open water. Two areas of grading and deposition of 375 cubic yards of sand in an approximate 130 feet long x 40 feet wide (5200 square feet) area and a 110 feet long x 15 feet wide (1650 square feet) area are proposed, resulting in permanent impacts to 6850 square feet of open water. The proposal also includes removal of 25 feet of the existing wooden groin/jetty resulting in 25 square feet of permanent impact to open water.  All work is proposed to be completed in accordance with the enclosed plans.

LEAD FEDERAL AGENCY: The U.S. Army Corps of Engineers, as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.

APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:  Impacts to waters were avoided by limiting the beach nourishment to the area most in need of replenishment based upon comparison to the location of the shoreline in 1972. Spacing the breakwaters 55 feet apart would reduce impacts by minimizing the footprint of the filled area, leaving the areas between the breakwaters in their existing condition, and allowing for water to flow between them.  The realignment and extension of the breakwater and beach renourishment would temporarily impact 230 square feet of low marsh, through access by equipment and sand deposition, with the area restored and replanted with Spartina alterniflora to minimize impacts. Additional mitigation for the 230 square feet of temporary impacts to tidal marsh is proposed to be provided by planting an additional 295 square foot area adjacent to the impact area and a 3,840 square foot area just at or above the mean high water line would be planted with high marsh grasses (Spartina patens, Panicum amarun and Solidago sempivirens).  

CORPS EVALUATION REQUIREMENTS:  This project will be evaluated pursuant to Corps Regulatory Program Regulations (33 CFR Parts 320-332). The decision whether to issue a permit will be based on an evaluation of the probable impacts, 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 reasonable 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, economic, 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, mineral needs, and consideration of property ownership and in general, the needs and welfare of the people. The evaluation of the impact of this project will also include application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, U.S. Environmental Protection Agency.

ENDANGERED SPECIES: A preliminary review of this application indicates that the proposed work will not affect Federal listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended.  As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.

ESSENTIAL FISH HABITAT:  The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), as amended by the Sustainable Fisheries Act of 1996 (Public Law 04-267), requires all Federal agencies to consult with the National Marine Fisheries Service (NMFS) on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH).  The Corps has made a preliminary determined this project will not affect any EFH. This determination may be modified if additional information indicates otherwise.

HISTORIC RESOURCES:   Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966 and applicable guidance, the Corps has reviewed the latest published version of the National Register of Historic Places and initially determined that no registered properties listed as eligible of inclusion, therein, are located at the site of the proposed work.  The Corps has made the preliminary determination that the proposed project would have no effect on historic properties. The Corps final eligibility and effect determination will be based on coordination with the State Historic Preservation Office as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps’ identified permit area.

TRIBAL RESOURCES:  Section 106 of the NHPA also requires federal agencies to consult with federally-recognized American Indian tribes that attach religious and cultural significance to historic properties that may be affected by the agency’s undertaking. Corps Tribal Consultation Policy mandates an open, timely, meaningful, collaborative, and effective deliberative communication process that emphasizes trust, respect, and shared responsibility. The policy further emphasizes that, to the extent practicable and permitted by law, consultation works toward mutual consensus and begins at the earliest planning stages, before decisions are made and actions taken.  The Corps final eligibility and effect determination will be based on coordination with interested tribes, in accordance with the Corps current tribal standard operating procedures as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on tribal resources.

WATER QUALITY CERTIFICATION:  The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act.  

COASTAL ZONE MANAGEMENT PROGRAMS:  Where applicable, the applicant has certified in this application that the proposed activity complies with and will be conducted in a manner consistent with the approved Coastal Zone Management (CZM) Program. 

The applicant must obtain any State or local government permits which may be required.

SUBMISSION OF COMMENTS: The Corps of Engineers is soliciting comments 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 issue, modify, condition or deny a permit 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 provided will become part of the public record for this action and are subject to release to the public through the Freedom of Information Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. 

Written comments concerning the work described above related to the factors listed above or other pertinent factors must be received by the U.S. Army Corps of Engineers, Baltimore District within the comment period specified above through postal mail at the address below or electronic submission to the project manager email address below. Written comments should reference the Application Number:  NAB-2018-61292.

PUBLIC HEARING REQUESTS:  Any person who has an interest which may be adversely affected by the issuance of this permit may request a public hearing.  The request, which must be in writing, must be received within the comment period as specified above to receive consideration.  Also it must clearly set forth the interest which may be adversely affected by this activity and the manner in which the interest may be adversely affected.   The public hearing request may be submitted by electronic mail or mailed to the following address:

 

Ms. Terry Eucker
Terry.P.Eucker@usace.army.mil
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch, Tioga Regulatory Field Office
170 Ives Run Lane
Tioga, Pennsylvania 16946

It is requested that you communicate this information concerning the proposed work to any persons known by you to be interested, who did not receive a copy of this notice.

General information regarding the Corps’ permitting process can be found on our website at https://www.nab.usace.army.mil/Missions/Regulatory.aspx.  This public notice has been prepared in accordance with Corps implementing regulations at 33 CFR 325.3.  If you have any questions concerning this specific project, please contact Ms. Terry Eucker at (570) 835-4262 or Terry.P.Eucker@usace.army.mil.  This public notice is issued by the Chief, Regulatory Branch.