PN 19-65 NAB-2019-61387 (WO County Comm Public Landing Marina/Dredging) Worcester County, Maryland

USACE
Published Oct. 3, 2019
Expiration date: 11/2/2019

                       Public Notice
U.S. Army Corps            In Reply to Application Number
of Engineers                 NAB-2019-61387 (WO County Comm Public Landing
Baltimore District               Marina/Dredging)

PN-19-65                   Comment Period:        October 3, 2019 to November 2, 2019
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 of 1899 (RHA) and/or Section 404 of the Clean Water Act (CWA) (33. U.S.C. 1344) as described below:

APPLICANT:    County Commissioners of Worcester County
                          1 West Market Street
                          Snow Hill, Maryland 21842

WATERWAY AND LOCATION OF THE PROPOSED WORK: The project is located on the Chincoteague Channel in Snow Hill, Worcester County, Maryland.

OVERALL PROJECT PURPOSE: The overall project purpose is to aid navigation within the channel and basin entering into the Public Landing Marina and provide beach nourishment along the shoreline on the south side of the channel.

PROPOSED WORK: Proposed Section 10 of the RHA only impacts includes the following:

  1. Mechanical maintenance dredging of a 68,756 square foot area of the entrance basin and Chincoteague Channel to a depth of -4.0 mean low water (MLW).  The channel and basin were previously dredged in 2003;

     

  2. Construction of 15 finger piers (20 feet long by 3 feet wide each), resulting in 900 square feet of permanent impact; and

     

  3. Driving of 47 mooring piles (1 foot in diameter) (47 square feet) for the establishment of 30 boat slips.

     

    The above proposed work would result in 69,703 square feet (1.60 acre) of permanent impact.

    Proposed Section 10 of the RHA and Section 404 CWA impacts includes the following:

  1. Placement of  sandy dredge spoil below the mean high water line along 32,789 square feet of shoreline and within 7,211 square feet of tidal marsh wetland for the purpose of beach nourishment, with any excess dredged material placed within an approved upland site;

     

  2. Construction of a  stone groin, permanently impacting 3,800 square feet of open water habitat in the Chincoteague Channel; and

     

  3. Construction of a stone breakwater, permanently impacting 2,660 square feet of open water in the Chincoteague Channel. 

     

    The above proposed work would result in a total of 46,460 square feet (1.07 acre) of permanent impact.

    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:  The applicant has stated that they have avoided and minimized to the greatest extent possible while still being capable of fulfilling the projects purpose and need.

    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.

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 1631 South Atherton Street, Suite 101, State College, Pennsylvania 16801 within the comment period specified above.

ENDANGERED SPECIES: The lead federal agency is responsible for Endangered Species Act coordination.  A preliminary review of this application indicates that the proposed work will result in a no effect to 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 effect Essential Fish Habitat (EFH).

The project site lies in or adjacent to EFH as described under MSFCMA for Little Skate, Atlantic Herring, Red Hake, Windowpane Flounder, Winter Skate, Clearnose Skate, Sandbar Shark, Smoothhound Shark, Sand Tiger Shark, Bluefish, Atlantic Butterfish, Spiny Dogfish, Scup, Summer Flounder and Black Sea Bass, 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 to EFH is not substantial and abbreviated EFH consultation will be conducted with National Marine Fisheries Service.  There are no mitigative measures 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.

HISTORIC RESOURCES PRESERVATION: 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 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.  The lead federal agency is responsible for tribal coordination.  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 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-2019-61387-P30.

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:

 

Mr. Shawn Gill
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
Tioga Regulatory Field Office
170 Ives Run Lane
Tioga, Pennsylvania 16946
or
shawn.r.gill@usace.army.mil

 

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 (Shawn Gill, (570) 835-4263, shawn.r.gill@usace.army.mil).

This public notice is issued by the Chief, Regulatory Branch.