Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers NAB-2018-60305-M04 (Wabanna Bible Conference
Baltimore District Assoc. Inc)
PN 19-24 Comment Period: May 3, 2019 to June 3, 2019
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FORM 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 Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:
APPLICANT: Wabanna Bible Conference Association, Inc.
247 Likes Road
Edgewater, Maryland 21037
WATERWAY AND LOCATION OF THE PROPOSED WORK: In Rhode River, at 247 Likes Road, Edgewater, Anne Arundel County, Maryland.
PROPOSED WORK AND PURPOSE: Currently, there is an existing bulkhead that has failed. The project purpose is to restore shore erosion control to the property’s shoreline by placing 187 feet of riprap stone revetment, with an average 15-foot width, along the existing bulkhead which will impact a total area of 2,805 sq. ft. of tidal open water channelward of the bulkhead. The area of waters of the U.S. located landward of the existing bulkhead is 1,319 square feet and is to be backfilled with approximately 7,914 cubic yards of #57 stone (approx. ¾ inch size). The proposed revetment’s maximum channelward encroachment from the mean high water (MHW) shoreline which is landward of the failed bulkhead, to the toe of the proposed revetment is 31 feet. All work is proposed to be performed in accordance with the attached plans.
Impacts to tidal waters have been avoided and minimized to the maximum extent possible in designing the proposed revetment, giving special consideration of the large fetch and the resulting excessive erosive forces. The existing bulkhead is to remain in place with the revetment placed directly against it; thereby allowing for a minimum 15-foot revetment encroachment. The alignment of the MHW shoreline landward of the bulkhead is very irregular due to the erosion over time, with one 45 ft. section of shoreline that is 16 ft. from the bulkhead to MHW shoreline; for the remaining shoreline, this ranges approximately 3.5 to 5 feet. The total impact to tidal waters is 4,124 square feet which is considered minimal; therefore, no mitigation is currently being proposed or required.
If you have any questions concerning this matter, please contact the Corps project manager, Ms. Abbie Hopkins, by phone at 410.962.6080 or by e-mail at abbie.hopkins@usace.army.mil; or submit them in writing by mailing to Corps of Engineers, Baltimore District; Regulatory Branch, Maryland Section Northern; ATTN: Ms. Abbie Hopkins; 2 Hopkins Plaza; Baltimore, Maryland 21201.
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; Corps of Engineers, Baltimore District; ATTN: Regulatory Branch; 2 Hopkins Plaza; Baltimore, MD 20201 within the comment period specified above. Comments can be submitted by regular US mail or by e-mail to abbie.hopkins@usace.army.mil.
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 project site lies in or adjacent to EFH as described under MSFCMA for Bluefish, Scup, Summer Flounder, Black Sea Bass, Little Skate, Atlantic Herring, Red Hake, Windowpane Flounder, Winter Skate, and Clearnose Skate, all managed species under the MSFCMA.
The project has the potential to adversely affect EFH or the species of concern by loss of spawning, nursery, forage and/or shelter habitat as described under the MSFCMA for the species and life stages identified above. The Baltimore District has made a preliminary determination that the adverse effect on EFH is not substantial of and abbreviated consultation will be conducted with NMFS. No mitigative measures are recommended to minimize adverse effects on EFH at this time. This determination may be modified if additional information indicates otherwise and would change the preliminary determination.
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 Maryland Department of the Environment. Any written comments concerning the work described above which relate to water quality certification must be received by the Wetlands and Waterways Program, Maryland Department of the Environment, Montgomery Park Business Center, 1800 Washington Boulevard, Suite 430, Baltimore, Maryland 21230-1708 within the comment period as 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.
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. This certification statement is available for inspection in the District Office; however, public comments relating to consistency must be received by the Coastal Zone Division, Maryland Department of the Environment, 1800 Washington Blvd. Suite 430, Baltimore, Maryland 21230, within the comment period as specified above. By this public notice, we are requesting the State’s concurrence or objection to the applicant’s consistency statement. It should be noted that the CZM Program has a statutory limit of 6 months from the date of this notice to make its consistency determination.
The applicant must obtain any State or local government permits which may be required.
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.
HISTORIC RESOURCES: 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; Corps of Engineers, Baltimore District; ATTN: Regulatory Branch, Abbie Hopkins; 2 Hopkins Plaza; Baltimore, MD 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 know by you to be interested and not being known to this office, who did not receive a copy of this notice.
FOR THE DISTRICT ENGINEER:
Joseph P. DaVia
Chief, Maryland Section Northern