Public Notice
Applicant: Published: February 2, 2026 Gretch Mikeska Expires: March 4, 2026 District of Columbia Department of Energy and Environment
PN-26-03
Baltimore District
Permit Application No. NAB-2025-00580-M52
TO WHOM IT MAY CONCERN: The Baltimore District of the United States Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to 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:
EXISTING CONDITIONS: An approximately 2,700- feet long and 320- feet wide sandbar exists in the Anacostia River under the Pennsylvania Avenue Bridge extending from the Seafarers Yacht Club to the Washington Yacht Club. The sandbar interferes with accessibility in the middle of the channel, especially for non-motorized vessels. The sandbar overlaps with the Anacostia River Basin Federal Navigation Channel.
Basic: Navigation dredging in the Anacostia River in Washington, DC.
Overall: To improve navigable access and increase boater and other water-based safety within the Anacostia River beneath the Pennsylvania Avenue Bridge, adjacent Federal Navigation Channel, and shallow areas near the Anacostia Community Boathouse Association and Seafarers Yacht Club in Washington, D.C.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: DOEE developed and evaluated dredging alternatives to address the navigational needs of the Anacostia River boating community. The alternatives were evaluated based on effectiveness, implementability including impacts to natural resources such as SAV, and cost.
While impacts to aquatic resources, including vegetated shallows, could not be completely avoided, the SAV that would be impacted (3.08 acres) is a part of a larger 8.3-acre bed. The applicant expects that SAV directly impacted would recolonize from adjacent SAV beds at similar elevations.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: DOEE is not proposing to mitigate for direct SAV impacts by the project. The SAV in the project area is part of a larger SAV bed that occurs at similar elevations as the proposed post-dredge surface (-2.5 feet mean lower low water or -3.8 NAVD 88). DOEE expects that because of the existing SAV at this elevation, that SAV recolonization into the project area would occur. Under the existing DOEE Fisheries SAV monitoring program, DOEE would monitor the dredge area for the recolonization of SAV on an annual basis. Baseline conditions would be established prior to dredging and annual measurements would be used as the basis for establishing trends over the following five years. If recolonization is not trending upward after five (5) years, DOEE would develop a SAV mitigation plan to support this effort.
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 Tribal 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, 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 1. No other Endangered Species Act-listed species or critical habitat will be affected by the proposed action.
Table 1: Endangered Species Act -listed species and/or critical habitat potentially present in the action area.
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Species Common Name and/or Critical Habitat Name
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Scientific Name
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Federal Status
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Critical Habitat? (Y/N)
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Atlantic Sturgeon
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Acipenser oxyrinchus oxyrinchus
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Endangered
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Y
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Shortnose Sturgeon
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Acipenser brevirostrum
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Endangered
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N
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Northern Long-eared Bat
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Myotis septentrionalis
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Endangered
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N
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Tricolored Bat
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Perimyotis subflavus
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Proposed Endangered
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N
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Monarch Butterfly
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Danaus plexippus
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Proposed Threatened
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N
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Pursuant to Section 7 Endangered Species Act, 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 (NMFS). Implementation of the proposed project would directly impact approximately 3.08 acres of submerged aquatic vegetation. 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 2: EFH Species and Designations within the project area
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Species
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Scientific Name
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EFH Designation
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Atlantic Herring
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Clupea harengus
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Juvenile/ Adult
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Bluefish
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Pomatomus saltatrix
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Juvenile/Adult
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Clearnose Skate
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Rostroraja eglanteria
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Juvenile/Adult
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Red Hake
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Urophycis chuss
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Egg/Larvae, Juvenile/Adult
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Summer Flounder
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Paralichthys dentatus
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Juvenile/ Adult
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Windowpane Flounder
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Scophthalmus aquosus
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Juvenile
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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 dredging overlaps the Anacostia River Basin 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 may be 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 March 4, 2026. Comments should be submitted electronically via the Regulatory Request System at https://rrs.usace.army.mil/rrs. The Corps point of contact for this project is Kristen Rigney by email at kristen.l.rigney@usace.army.mil.
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.