PN-25-16 NAB-2024-60102-M46 (US Naval Support Activity Annapolis - Environmental Division)

Public Notice

Baltimore District
Permit Application No. NAB-2024-60102-M46 (US Naval Support Activity Annapolis - Environmental Division)
The Baltimore District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). The purpose of this public notice is to solicit comments from the public regarding the work described below:

APPLICANT: Matthew Klimoski
                                        Naval Facilities Engineering Systems Command
                                        58 Bennion Road
                                       Annapolis, Maryland 21402

WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States associated with the Severn River. The project/review area is located in the existing Yard Patrol marina basin at the Naval Support Activity Annapolis in Annapolis, Anne Arundel County, Maryland; at Latitude 38.984491 and Longitude -76.466515.

EXISTING CONDITIONS: The applicant is proposing repairs and upgrades to the existing Yard Patrol basin at the Naval Support Activity Annapolis/ U.S. Naval Academy in Annapolis, Maryland. The mission of the Yard Patrol Operations is to provide for the operation and the coordination of vessels to support midshipmen training at the U.S. Naval Academy Complex. The existing Yard Patrol Basin facilities were constructed in the early to mid-1940s and are experiencing advanced deterioration. The purpose of the project is to provide a 75-year service life replacement for Quaywall Reach A, the marine railway, small craft area, and associated fuel pier within the Yard Patrol basin that have been damaged or made vulnerable by degradation over time. The project will address existing structural deficiencies to maintain the safety and function of these mission-critical areas. A secondary need for the project is to address the potential impacts due to future extreme weather events and land subsidence.

PROJECT PURPOSE: To reconfigure and improve infrastructure within the Naval Support Activity Annapolis Yard Patrol Basin, in the Severn River, Annapolis, Anne Arundel County, Maryland.

Basic: To reconfigure and improve existing marine infrastructure and to construct new marine infrastructure.

Overall: To reconfigure and improve existing marine infrastructure and to construct new marine infrastructure within the Naval Support Activity Annapolis Yard Patrol Basin, in the Severn River, Annapolis, Anne Arundel County, Maryland.

PROPOSED WORK: The applicant requests authorization to discharge fill material into waters of the United States and to construct new structures to reconfigure and improve marine infrastructure at the existing Yard Patrol basin as follows:

The existing timber relieving platform located along Quaywall Reach A will be demolished and replaced with a concrete wharf (13,364 square feet). The proposed concrete wharf will match the existing footprint of the timber relieving platform. The proposed grade will be raised to match the existing grade of Reach B, on the eastern side of the marina basin, at approximately +6.3 ft NAVD88 (+6.1 ft MLW). Approximately 650 feet of a backwall steel sheet pile bulkhead will be driven within 12-inches channelward of the existing timber sheet pile bulkhead. A flood wall will be constructed for severe weather events. The flood wall will be constructed along the outboard face of the quaywall. A composite fender system will be installed along the full length of the wharf to provide small craft berthing and prevent vessels or debris from floating beneath.

The existing marine railway will be removed above the mudline and replaced with a boat ramp. The boat ramp slip will measure approximately 50 feet wide and 144 feet long (7,200 square feet). Of the 144-foot width (7,200 square feet), the landward 40 feet (2,000 square feet) will be filled in to accommodate a larger landing area providing more operational clearance for vehicle movements for ramp access. Mechanical dredging may be needed to remove any marine railway obstructions that may prevent safe launch of vessels from the boat ramp. Dredging will be performed as needed with a maximum anticipated amount of 325 cubic yards of material from a 2,925 square foot area. Dredge material will be removed via clamshell and loaded into water-tight trucks for disposal at the approved upland Westport Reclamation Services Facility located at 4944 Sand Road, Lothian, Anne Arundel County, Maryland. A 50-foot sheet pile wall will be constructed then backfilled with an engineered fill and topped by a pile supported concrete deck. It is anticipated that the boat ramp construction will include a temporary sheet pile wall at the end of the boat ramp slip to allow dewatering for construction of the ramp, fill, foundation piles, and cast-in-place concrete deck to be placed in the dry.

A gangway measuring approximately 44 feet long and 5 foot wide (220 square feet) and a floating dock measuring approximately 80 feet long by 6 foot wide (480 square feet) will be installed adjacent to the boat slip to accommodate access to vessels during launching operations.

To install approximately 101 feet of steel sheet pile bulkhead approximately 18-inches channelward of the existing sheet pile bulkhead on the western side of the boat ramp and to fill approximately 2,592 square feet under the deck. The timber relieving platform to the east of the boat ramp will be removed and replaced with approximately 121 feet of steel sheet pile bulkhead approximately 18-inches channelward of the existing platform. To construct a finger pier measuring approximately 130 feet long by 12 feet wide (1,560 square feet) and eight, 36-inch steel monopole dolphins. 

The existing covered small craft area, timber dolphins, and fuel pier will be demolished and replaced with a small craft head dock and gangways measuring approximately 258 feet long by 13 feet wide (3,354 square feet) and five floating finger piers, each measuring approximately 50 feet long by 10 feet wide (500 square foot each). Two access platforms measuring approximately 12.5 feet long by 10 feet wide (125 square feet) will be used to provide access to the small craft head dock.

All work will extend a maximum of 135 feet channelward of the approximate mean high-water shoreline within the Naval Support Activity Annapolis Yard Patrol Basin, in the Severn River, Annapolis, Anne Arundel County, Maryland.

Table 1: Effects on aquatic resources.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

The proposed repairs to the Reach A Quaywall have been designed to match the existing footprint as closely as possible, while accommodating the larger vessels proposed for use by the Navy and to meet Unified Facilities Criteria requirements. For the Reach A backwall bulkhead and the bulkhead along the west side of the boat ramp, the new sheet pile bulkhead will be installed as close to the existing as possible, within 18 inches of the existing bulkheads.

During project design, fixed docks were considered for the small craft area which would have required additional piles. The floating docks were selected to reduce the pile count and reduce impacts of pile driving on the Severn River. An anchored sheet pile bulkhead was considered instead of a concrete wharf for Reach A. This design would slightly exceed the footprint of the existing facility. The additional footprint would include a steel sheet pile wall installed outboard of the relieving platform prior to its complete demolition. This option was revised due to an increase in channel bottom impact, concerns with burying creosote treated timber members along the waterfront instead of removing the material, and the potential for unforeseen construction costs and delays from the extensive amount of excavation of highly compressible soils and new backfill behind the sheet pile.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant is not proposing to provide compensatory mitigation as the project scope has been reduced and impacts to waters of the U.S. have been minimized while meeting the project goals of reconfiguring and improving the existing infrastructure and constructing new marine infrastructure at the Yard Patrol Basin.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer (SHPO), federally recognized tribes and other interested parties.

No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or Tribal Historic Preservation Officer (THPO).

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, 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.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur within the boundary of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed in Table 2. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 2: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 0.76 acres of water column and river bottom sediments. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Maryland Department of the Environment.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact 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 benefits, which reasonably 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 cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The Corps 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 to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to 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 (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Baltimore District will receive written comments on the proposed work, as outlined above, until April 25, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Nicole Nasteff at Nicole.M.Voelker@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Baltimore District, Attention: Nicole Nasteff, U.S. Army Corps of Engineers, Baltimore District, Regulatory Branch, 2 Hopkins Plaza, Baltimore, Maryland 21201-2930. Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.