PN-25-45 NAB-2023-00314-M52 (DOEE Anacostia River Sediment Project/EAA Remediation)

                                                                          Public Notice
                                                                                                                                   
                                                                                                                                    Applicant:                                                                                                                                        Published:  December 9, 2025
                                                                                                                                    C/O:  Dev Murali                                                                                                                                      Expires:  January 8, 2026
                                                                                                                                    District Department of Energy and Environment
                                                                                                                                    PN-25-45
                                                                                                                                                                                                                                                                          Baltimore District
                                                                                                                                    Permit Application No.  NAB-2023-00314-M52

TO WHOM IT MAY CONCERN:  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:

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 Focused Feasibility Study Report (Tetra Tech 2019) details the initial development and screening of alternative for addressing contamination sediments within the Anacostia River study area.  Each alternative was evaluated based on effectiveness, technical ability to implement, and cost.  The proposed design minimizes impacts to mapped submerged aquatic vegetation (SAV) and tidal freshwater wetlands by using in-situ treatment rather than dredging/capping within the largest wetland area in Kingman Lake.

COMPENSATORY MITIGATION:  The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant would mitigate for the permanent loss of wetlands and/or SAV through the restoration/creation/enhancement of aquatic habitat within Kingman Lake including SAV planting, emergent marsh creation, invasive species management, and enhancement of mudflat habitat.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the State Historic Preservation Office and/or Trible 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.

ENDANGERED SPECIES:  The Corps has performed an initial review of the application, the United States Fish and Wildlife Service Information for Planning and Consultation (IPaC), National Oceanic Atmospheric Administration Service Fisheries Greater Atlantic Region Section 7 Mapper, and the National Marine Fisheries Service 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 Endangered Species Act (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 United States 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.  Implementation of the proposed project would indirectly impact approximately 53.2 acres of riverine bottom and 7.3 acres of fresh water tidal wetland.  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:

Table 3:  EFH Species and Designations within the project area

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:  Based on the Maryland State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 0 feet away from the near bottom edge of the Anacostia River federal channel for EAAs in Reach 123 (EAA R123-1, EAA R123-2) and 456 (R456-2).  EAA R456-1 is within 25 feet of Anacostia River federal channel.

SECTION 408:  The applicant will require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part,   would alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION:  Water Quality Certification is required from the District of Columbia Department of Energy and Environment to ensure compliance with the District’s water quality requirements, including the Water Pollution Control Act of 1984, D.C.  Official Code § 8-103.01 et seq.; Water Quality Standards, 21 DCMR, Chapter 11; Water Quality Monitoring Regulations, 21 DCMR, Chapter 19; Critical Areas - General Rules and Critical Areas - Wetlands and Streams, 21 DCMR, Chapters 25 and 26, , and Department of Energy and Environment Fisheries and Wildlife Division in accordance with 21 DCMR § 1405 to ensure compliance with 21 DCMR §§ 1101 and 1104.

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, Environmental Protection Agency, 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  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 January 8, 2026.  Comments should be submitted electronically via the Regulatory Request System at https://rrs.usace.army.mil/rrs or to Ms. Erica Schmidt at erica.schmidt@usace.army.mil.  Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Baltimore District, Attention:  Ms. Erica Schmidt, 2 Hopkins Plaza, Baltimore, Maryland 21201.  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.