PN-25-17 NAB-2024-61739-M46 (McDaniel Yacht Basin/ Maria Reconfiguration, Boat Ramp, and Dredging)

                             Public Notice

Baltimore District
Permit Application No. NAB-2024-61739-M46 (McDaniel Yacht Basin/ Maria Reconfiguration, Boat Ramp, and Dredging)
          

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: McDaniel Yacht Basin
                       Cianelli Marine
                       01 Frey’s Road
                       Edgewood, Maryland 21040

WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States associated with the North East River. The project/review area is located in the existing McDaniel Yacht Basin at 15 Grandview Avenue, Northeast, Cecil County, Maryland; at Latitude 39.578074 and Longitude -75.950384.

EXISTING CONDITIONS: The applicant is proposing to upgrade, replace, and reconfigure the McDaniel Yacht Basin on the North East River in North East, Cecil County, Maryland. The existing marina is approximately 20 acres in size and contains approximately 164 boat slips. The existing marina contains piers, finger piers, bulkheads, wave screens, and a boat ramp. It is estimated the McDaniel Yacht Basin was established in 1929. Water depths current range from 0 to -7 feet at mean low water.

PROJECT PURPOSE: To upgrade, replace and reconfigure the McDaniel Yacht Basin, to provide shoreline erosion protection, and to improve navigable access, in the North East River, North East, Cecil County, Maryland.

Basic: To upgrade, replace, reconfigure, dredge to improve navigable access, and provide shoreline erosion protection at an existing marina.

Overall: To upgrade, replace and reconfigure the McDaniel Yacht Basin, to provide shoreline erosion protection, and to dredge to improve navigable access at the McDaniel Yacht Basin, in the North East River, North East, Cecil County, Maryland.

PROPOSED WORK: The applicant requests authorization to discharge fill material into waters of the United States to improve navigable access and to install structures at the existing McDaniel Yacht Basin.

The applicant is proposing to remove the existing pier structures and mooring piles at the McDaniel Yacht Basin and to construct the following:

• Approximately 4,077 linear feet of replacement timber bulkhead, to extend a maximum of 18-inches channelward of the existing bulkhead and to backfill with approximately 4,000 cubic yards of clean fill;
• Approximately 121 linear feet of new timber bulkhead above the approximate mean high water line;
• Approximately 525 linear feet of replacement timber wave screens in the same location as the existing timber wave screens;
• Approximately 1,832 linear feet of replacement timber boat slip access walkways and to install approximately 846 linear feet of new timber boat slip access walkways, in 4 or 6 foot wide sections;
• Two replacement fixed finger piers, each measuring approximately 4 foot wide by 53 foot long;
• Four replacement fixed finger piers, each measuring approximately 4 foot wide by 42 foot long;
• Three replacement fixed finger piers, each measuring approximately 4 foot wide by 50 foot long;
• To replace three fixed finger piers with three floating finger piers, each measuring approximately 5 foot wide by 25 foot long with a 3-foot wide by 10-foot long gangway;
• To replace eight fixed finger piers with eight floating finger piers, each measuring approximately 6 foot wide by 30 foot long with a 3-foot wide by 10-foot long gangway;
• To replace thirteen fixed finger piers with thirteen floating finger piers, each measuring approximately 6 foot wide by 35 foot long with a 3-foot wide by 10-foot long gangway;
• To replace five fixed finger piers with five floating finger piers, each measuring approximately 5 foot wide by 30 foot long with a 3-foot wide by 10-foot long gangway;
• To replace thirteen fixed finger piers with thirteen floating finger piers, each measuring approximately 6 foot wide by 50 foot long with a 3-foot wide by McDaniel Yacht Basin/ Maria Reconfiguration, Boat Ramp, and Dredging
  10-foot-long gangway;
• To replace two fixed finger piers with two floating finger piers, each measuring approximately 6 foot wide by 60 foot long with a 3-foot wide by 10-foot-long gangway;
• One floating dock measuring approximately 6 foot wide by 125 foot long with a
  3-foot wide by 10-foot-long gangway;
• To replace twelve fixed finger piers with twelve floating finger piers, each measuring approximately 6 foot wide by 45 foot long with a 3-foot wide by
  10-foot-long gangway;
• One floating dock measuring approximately 8 foot wide by 156 foot long with a 10-foot wide by 12-foot-long floating access platform;
• Two floating staging docks, one measuring approximately 6 foot wide by 49 foot long and one measuring approximately 6 foot wide by 128 foot long, each with a 3-foot wide by 10-foot-long gangway;
• Three new travel lift piers in the same location as the existing piers, each measuring approximately 7 foot wide by 50 foot long;
• Replace an irregular shaped timber platform (1,350 square feet);
• To replace four fixed finger piers with four floating finger piers, each measuring approximately 6 foot wide by 57 foot long with a 3-foot wide by 10-foot-long gangway;
• To replace one fixed finger pier with one floating finger pier, measuring approximately 6 foot wide by 51.5 foot long with a 3-foot wide by 10-foot-long gangway;
• To replace one fixed finger pier with one floating finger pier, measuring approximately 6 foot wide by 53 foot long with a 3-foot wide by 10-foot-long gangway;
• To replace one fixed finger pier with one floating finger pier, measuring approximately 6 foot wide by 41 foot long with a 3-foot wide by 10-foot-long gangway;
• To replace one fixed finger piers with one floating finger pier, measuring approximately 6 foot wide by 48 foot long with a 3-foot wide by 10-foot-long gangway;
• A floating double kayak launch measuring approximately 15 foot wide by 22 foot long and a gangway measuring 3 foot wide by 10 foot long;
• A stone breakwater measuring approximately 19 foot wide by 235 foot long (4,465 square feet), a maximum of 35 feet channelward of the approximate mean high-water shoreline;
• A two lane concrete boat ramp measuring approximately 42 foot wide by 60 foot long with a center floating access pier measuring approximately 6 foot wide by 47 foot long and two 4 foot wide by 60 foot long side mounted access walkways. A temporary cofferdam will be installed around the perimeter of the proposed boat ramp area (2,520 square feet), to allow for construction in the dry;
• Ten new boat lifts measuring approximately 10 foot wide by 14 foot long;
• Replace a timber platform measuring approximately 10 foot wide by 36 foot long;
• Install a floating staging dock for the travel lifts, measuring approximately 6 foot wide by 146 foot long with a 3-foot wide by 10-foot-long gangway;
• To mechanically dredge two areas of the marina basin, to -4 feet and -5 feet at mean low water. The applicant is proposing to dredge approximately 755 cubic yards of material from a 16,433 square foot area in the North East River and to deposit the dredge material at the upland Chase Clean Fill Facility, located at 301 Earls Road, Middle River, Baltimore County, Maryland, and;
• To rebuild a covered slip system consisting of metal rods supported on timber pilings and a sloped roof for drainage, covering approximately 22,224 square feet of open water at slips 99 through 114.

All work will extend a maximum of 335 feet channelward of the approximate mean
high-water shoreline within the McDaniel Yacht Basin, in the North East River, North East, Cecil 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:

All work is proposed within the existing marina basin and the existing structures will be removed before construction of the new and replacement structures. The bulkheads will be constructed or replaced within 18-inches channelward of the existing structures of mean high-water shoreline, in order to minimize impacts to the North East River. The total number of boat slips at the marina will be reduced from 164 to 144 and the floating piers will be placed in adequate water depths to avoid the piers resting on the river bottom at low tide events, thereby minimizing impacts to the North East River. In addition, the proposed stone breakwater was designed to be of the minimum size needed to provide shoreline erosion protection.

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 fill associated with the above proposed work has been minimized while meeting the project goals of improving navigable access and providing shoreline erosion protection.

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 the 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 27, 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.