Published Jan. 15, 2019
Expiration date: 2/14/2019

                       Public Notice                      
U.S. Army Corps             In Reply to Application Number
of Engineers                    CENAB-OPR-P-2018-02269-P06 (Sheppard Reservoir Maintenance)
Baltimore District                     

PN 19-02                           Comment Period:   January 15, 2019 to February 14, 2019


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:      Peter H. Sheppard
                           117 Frederick Street
                           Hanover, Pennsylvania 17331

WATERWAY AND LOCATION OF THE PROPOSED WORK:Sheppard Reservoir is an impoundment on a perennial unnamed tributary (UNT) to South Branch Conewago Creek.  The project is located near the intersection of Westminster Road and Schibert Road in Union Township, Adams County, Pennsylvania (39o 45’ 46”, -77o 0’ 55”). 

PROPOSED WORK AND PURPOSE:  To mechanically dredge a total of 36,350 cubic yards of accumulated sediment within Sheppard Reservoir to restore the reservoir’s holding capacity back to the original design volume of 20-million gallons.  The project will involve dewatering the 9.6 acre reservoir resulting in temporary impacts to the reservoir.  Once the reservoir is dewatered accumulated sediment will be removed mechanically resulting in a permanent impact of 9.6 acres, however the work will not result in a permanent loss of waters.  Additionally, the project will temporarily impact 0.004 acre of Palustrine Emergent Wetlands (PEM) (Wetland 1) for the purpose of installing a timber mat to access the reservoir during construction.  Two (2) perennial tributaries (Stream 6 and Tributary to South Branch Conewago Creek) will be temporarily impacted due the placement of temporary cofferdams and the dewatering of the reservoir resulting in 10 linear feet and 25 linear feet of stream impact respectively.  Lastly, a temporary diversion channel will temporarily impact 10 linear feet of an intermittent stream (Stream 1) with the placement of rip rap that will be removed once work is completed.  The project is proposing temporary and permanent impacts, although the permanent impacts will not result in a loss of waters.  No compensatory mitigation is proposed to offset project impacts.

All work is proposed to be completed in accordance with the enclosed plan(s).  If you have any questions concerning this matter, please contact (Shawn R. Gill, (570)835-4263, 710 Ives Run Lane, Tioga, Pennsylvania 16946).

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, 710 Ives Run Lane, Tioga, Pennsylvania 16946) within the comment period specified above.

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 effect Essential Fish Habitat (EFH).  The Corps has determined this project will not affect any EFH.

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

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 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, (710 Ives Run Lane, Tioga, Pennsylvania 16946), 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 know by you to be interested and not being known to this office, who did not receive a copy of this notice.


                                                                        Wade B. Chandler
                                                                        Chief, Pennsylvania Section
                                                                        Regulatory Branch