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PN16-64 (Cambridge DPW/Sailwinds Park) 2016-60328 - Dorchester Co.

Posted: 12/9/2016

Expiration date: 1/9/2017

                                                      Public Notice                                               

U.S. Army Corps             In Reply to Application Numbers

of Engineers                     CENAB-OP-RMS (CAMBRIDGE DPW/SAILWINDS PARK)               

Baltimore District            2016-60328


PN 16-64                      Comment Period:   December 9, 2016 to January 9, 2016




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 Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:


APPLICANT:        Mr. George Hyde, City Engineer

                              City of Cambridge Department of Public Works

                              1025 Washington Street

                              Cambridge, Maryland  21613


LOCATION OF THE PROPOSED WORK:  In the Choptank River adjacent to Sailwinds Park and an existing marine terminal located north of the intersection of Byrn Street and Hayward Street, Cambridge, Dorchester County, Maryland.


WORK AND PURPOSE:  To reconstruct an existing deteriorating 44-foot wide by 524-foot long parallel wharf, which consists of a steel sheet pile bulkhead and a concrete relieving platform supported by timber piles.  The existing steel sheet pile bulkhead would be replaced on the landward side of the existing steel wall/bulkhead.  The reconstruction would extend the wharf by no more than 5 feet channelward of the existing deteriorated concrete relieving platform and timber piles.  The timber piles would be replaced with steel piles channelward of the existing concrete relieving platform and would include the installation of formwork and reinforced concrete to reconnect the existing concrete wall to the new pile cap installed on/over the steel piles.  The project also proposes to construct a 6-foot wide by 70-foot long gangway connected from the shoreline to a proposed16.4-foot wide by 323-foot long floating pier/breakwater system and to install three 15-pile dolphins, all to extend a maximum of 333 feet channelward of the wharf bulkhead.


Avoidance and Minimization measures were incorporated into the proposed project by minimizing the project’s design to meet the project purpose, which is the reconstruction of a wharf that is in poor condition, unsafe and unsuitable for its intended and future use.  The wharf rehabilitation and relieving platform constructed in the 1960’s did not have any stormwater management (SWM) facilities.  The proposed improvements to the wharf would include SWM facilities in the form of planters to improve water quality by reducing the volume of stormwater runoff.  The additional 5 feet channelward encroachment would allow







for these planters and provide a safer and more stable relieving platform for future large vessels to moor.  The proposed steel sheet pile bulkhead replacement is proposed landward of the existing bulkhead.


The project is proposed to comply with the Americans with disabilities Act (ADA) regulations. Since the wharf and pier are water-dependent facilities, some impacts to tidal open waters are unavoidable. Proposed impacts have been avoided and minimized to the maximum extent practicable. 


The project does not propose the filling of tidal wetlands or waters, with the exception of the approximately five-foot wide area for an extended relieving platform and supporting piles between the existing wharf structure and the proposed improvements to the wharf structure. 


Impacts to tidal open waters, resulting from the construction of the floating pier/breakwater, improvements to the existing wharf, and the installation of the mooring dolphins could not be avoided due to the water dependent nature of the project. Since the existing wharf is located adjacent to existing deep water, no dredging is proposed in association with this project.


Where possible, the project was redesigned in order to reduce impacts to tidal open waters.  The gangway that would provide access to the proposed floating pier/breakwater was originally designed to extend from the wharf parallel to the floating pier/breakwater, terminating at a 15-foot wide concrete floating pier adjacent to the main floating pier/breakwater. In order to reduce impacts to tidal open waters, the gangway was redesigned to connect the floating pier/breakwater directly to the shoreline. In addition to reducing the length of the gangway and access pier from approximately 140 feet to approximately 80 feet, the width of the gangway was reduced from 10 feet to 6 feet, and the proposed 15-foot wide concrete floating access pier was removed.


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 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. 


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 District Engineer, U.S. Army Corps of Engineers, Baltimore District, 10 Howard Street, Baltimore, Maryland 21201, within the comment period specified above.


The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from the Maryland Department of the Environment.  Any written comments concerning the work described above which relate to water quality certification must be received by the Non-Tidal Wetlands Division, 1800 Washington Boulevard, Baltimore, Maryland  21230 within the comment period specified above to receive consideration.  The Section 401 certifying agency has a statutory limit of one year from the date of this public notice to make its decision.


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


A preliminary review of this application indicates that the proposed work may 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.


Review of the latest published version of the National Register of Historic Places indicates that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work.  Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the request permit.


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 project site does not lie in or adjacent to EFH as described under MSFCMA. The project is unlikely to adversely affect EFH or the species of concern by alteration of spawning, nursery, forage and/or shelter habitat. 


The evaluation of the impact of this project on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act. 






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 by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, 10 South Howard Street, Baltimore, Maryland 21201, 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.


It is requested that you communicate this 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.







                                                            KATHY B. ANDERSON

                                                            Chief, Maryland Section Southern

Cambridge Choptank River Dorchester Co Sailwinds Park