PN-21-21 NAB-2020-61098-P05(Town of Oxford/Coastal Resiliency)

USACE
Published June 11, 2021
Expiration date: 7/2/2021

                Public Notice
U.S. Army Corps             In Reply to Application Number
of Engineers                    NAB-2020-61098-P05 (Town of Oxford/Coastal Resiliency)

Baltimore District
PN-21-21                                  Comment Period: June 11, 2021 to July 2, 2021  
THE PURPOSE OF THIS PUBLIC NOTICE IS TO INFORM INTERESTED PARTIES OF THE PROPOSED ACTIVITY AND TO SOLICIT COMMENTS. 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 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344),as described below:

APPLICANT:

                                        Ms. Cheryl Lewis
                                        Town of Oxford Administer
                                        101 Market Street
                                        Oxford, Maryland 21654

WATERWAY AND LOCATION OF THE PROPOSED WORK:

The proposed project is in the Tred Avon River along Strand Road, Oxford, Talbot County, Maryland. (38.694434N; -76.170186W)

OVERALL PROJECT PURPOSE:

The project purpose is to provide coastal flooding protection and/or shoreline restoration or stabilization for a portion of Strand Road and to protect four other nearby critical infrastructures within the Town of Oxford.

PROJECT DESCRIPTION:

The applicant is proposing to use nature-based solutions to stabilize and provide coastal flooding protection along 1,792 linear feet of shoreline at five shoreline areas by constructing 2,057 linear feet various shoreline stabilization methods as outlined below:

  1. Strand Beach living shoreline and island, construction of:
  1. Three various size living breakwater islands (94' x 59', 87' x 50', and 85' x 49' going east to west) by depositing 1,078 cubic yards of sands and rock impacting 12,037 square feet of tidal waters, of which 3,665 square feet was occupied by submerged aquatic vegetation (SAV) in 2017, extending a maximum of 185-feet waterward from the approximate mean high water (MHW) shoreline and creating approximately 4,798 square feet of tidal marsh;
  1. Two living headlands by depositing 1,155 cubic yards of stone and sand impacting 7,858 square feet of tidal waters, of which 1,444 square feet was occupied by SAV in 2017, extending a maximum of 118-feet waterward from the approximate MHW shoreline and creating approximately 3,003 square feet of tidal marsh; and
  1. 949 linear feet of living shoreline and beach by depositing approximately 6,148 cubic yards of clean sloped sand fill impacting 26,147 square feet of tidal waters, of which 26,589 square feet was occupied by SAV in 2017, extending a maximum of 77-feet waterward of the approximate MHW shoreline and creating 11,032 of tidal marsh.

Total permanent impacts to waters of the United States at the Strand Beach location would be 72,631 square feet, of which 31,698 square feet was occupied by SAV in 2017.

  1. Town Creek Living Shoreline, construction of:
  1. Two living headlands by depositing 153 cubic yards of a well graded mixture of stone and sand impacting 1,757 square feet of tidal waters, extending a maximum of 70-feet waterward from the approximate MHW shoreline and creating 954 square feet of tidal marsh; and
  1. A living shoreline and beach along approximately 130 linear feet of shoreline by depositing 443 cubic yards of sand impacting 3,038 square feet of tidal waters, extending approximately 33-feet waterward from the approximate MHW shoreline and creating 2,762 square feet of tidal marsh.
  1. Tred Avon Yacht Club Living Shoreline, construction of:
  1. Four various size living headlands by depositing 245 cubic yards of a well graded mixture of sand and stone in 3,254 square feet of tidal waters, extending a maximum of 39-feet from the approximate MHW shoreline, and creating 2,426 square feet of tidal marsh.
  1. Oxford -Bellevue Ferry Terminal Headlands, construction of:
  1. One headland point measuring approximately 56-feet-long by 42-feet-wide by depositing 163 cubic yards of well-graded sand and stone impacting 1,822 square feet of tidal waters, extending a maximum 51-feet waterward of the approximate MHW shoreline and creating 1,155 square feet of tidal marsh.
  1. Lovers Lane Headlands, construction of:
  1. Two living headlands (112’ x 63’ and 106’ x 57’) by depositing 1,317 cubic yards of well-graded stone and sand impacting 10,668 square feet of tidal waters extending a maximum of 89 feet from the approximate MHW shoreline, creating 5,451 square feet of tidal marsh.

The work is proposed 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:

Steps were taken to ensure avoidance and minimization of impacts to waters of the United States to the maximum extent practicable. No impacts to tidal wetland are proposed. In addition, the conceptual plans were modified to minimize impacts to existing SAV habitat and limit waterward construction limits. The applicant has looked at three design alternatives (five connected breakwaters, five detached breakwaters) and have refined to the current, least impactful design (three detached breakwaters), which has reduced the initial proposed impacts to sub-tidal waters by 11,019 square feet, of which 3,148 square feet was occupied by SAV in 2017.

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, United States Environmental Protection Agency.

ENDANGERED SPECIES:

A preliminary review of this application indicates that the proposed work is not likely to adversely affect federally 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 on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH), including species of concern, life cycle habitat, or Habitat Areas of Particular Concern. The project site lies in or adjacent to EFH as described under MSFCMA for managed species under the MSFCMA. The Baltimore District has made a preliminary determination that the project will not have a substantial adverse effect on EFH. The Baltimore District has made a preliminary determination that mitigative measures are not required to minimize adverse effects on EFH at this time. This determination may be modified if additional information indicates otherwise.

HISTORIC RESOURCES:

Pursuant to Section 106 of the National Historic Preservation Act 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 for 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 National Historic Preservation Act 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.

MODIFICATION OF CIVIL WORKS PROJECTS: 33 USC 408 (SECTION 408):

All Section 408 proposals will be coordinated internally at USACE. The Section 408 decision will be issued along with the Section 404 and/or Section 10 decision. Please see the following link for more information regarding Section 408: https://www.nab.usace.army.mil/section408/.

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 Program. By this public notice, we are requesting the state concurrence or objection to the applicant’s consistency statement.

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-2020-61098-P05 (Town of Oxford/Coastal Resiliency)).

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:


Marion Gall
(marion.gall@usace.army.mil)
U.S. Army Corps of Engineers
1631 South Atherton Street
Suite 101
State College, Pennsylvania 16801

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 or would like to request a paper copy of this public notice, please contact Ms. Marion Gall at (814) 235-1761 or marion.gall@usace.army.mil. This public notice is issued by the Chief, Regulatory Branch.