Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers CENAB-OPR-P-2009-00437 (Brushville Lake Dam Project)
Baltimore District
PN-15-29 Comment Period: May 6, 2015 to June 5, 2015
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. 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 and/or Section 404 of the Clean Water Act (33. U.S.C. 1344) as described below:
APPLICANT: Mr. Jerrold A. Griffs
108 Mountain Pink Road
Bloomsburg Pennsylvania 17815
WATERWAY AND LOCATION OF THE PROPOSED WORK: Brushville Lake Dam is located in Brushville, Oakland Township, Susquehanna County, Pennsylvania, near the intersection of East Lake Road and Brushville Road. Brushville Lake is part of the Lewis Creek watershed.
PROPOSED WORK AND PURPOSE: In 2004, Brushville Lake Dam was washed out during a major storm event. The property owner, Mr. Jerrold Griffis, is proposing to reconstruct Brushville Lake Dam by installing/constructing: (1) an earthen dam with a clay core; (2) a reinforced concrete spillway; (3) a 24 inches x 36 inches concrete culvert box with gate valve; (4) rip rap protection; (5) multiple deep pool areas within the original impoundment area for the creation of aquatic habitat and a deep pool for diving; and (6) the creation of two islands within the lake area. The entire project site consists of approximately 23 acres.
The proposed project would have the following impacts:
Permanent Impacts:
1. Above the ordinary high water mark of Brushville Lake and within the construction Limit of Disturbance, as depicted on project plans, 2,800 square feet of uplands will be impacted for the reconstruction of the dam, which includes the concrete wing walls and concrete spillway. The concrete spillway is 40 feet long along the dam breast, 10 feet wide and extends 50 feet downstream. The emergency discharge is a 2 feet x 2 feet valve box.
2. Below the ordinary high water mark of Brushville Lake, 212,207 square feet of the lake bottom will be impacted by grading areas to create two islands and to make areas deeper for fish habitat.
3. 18,100 square feet of the impoundment area will be filled to create islands within the lake. The islands will be constructed to be uplands, and extend 2 feet above the water elevation of 1328 feet. An additional area approximately 137,000 square feet in size will be excavated to create areas deeper than the existing lake bottom elevation of 1325 feet. The purpose of the islands and deeper areas is to create additional areas for fish habitat.
Temporary Impacts:
1. Above the normal high water mark of Brushville Lake (uplands) and within the construction Limit of Disturbance, 37,660 square feet will be impacted during construction of the staging area and grading for the dam spillway. 34,860 square feet of this area will be restored to original condition, while 2,800 square feet will be the permanently impacted by the concrete wing walls and spillway.
Mitigation Statement: The following Mitigation Statement has been provided by the applicant: A general Erosion and Sediment Pollution Control Plan was developed for the Brushville Lake Dam Reconstruction Project to address and avoid impacts to the surrounding environment. Approximately 18,100 square feet will be newly created islands in the lake, uplands, 2 feet above the water elevation of 1328 feet, while approximately 137,000 square feet will be dug out deeper than the existing lake bottom elevation of 1325 feet. The purpose of the islands and deeper areas is to create additional areas for fish habitat. By creating islands, the fish will have additional areas to hide and lay their eggs along the shore in between the gravel, as well as along the banks of the lake, so that the other fish will not eat the eggs. When they hatch, the fish are safer in the heavy warm water where the other fish are less likely to go and eat them. The deeper areas are not only cooler but more oxygen rich for the fish and the fish will be less likely to be eaten by other fish when in the deeper areas. By creating additional areas for the fish to lay eggs and be protected from the other fish in the lake, the fish population will grow and the lake will be balanced. The open water was always open water, no wetland studies were completed. All Erosion and Sediment Control Best Management Practices will be followed to avoid impacts to the surrounding environment when re-establishing the lake and dam. All work will occur within the Limit of Disturbance shown on the Plan and within the historic high water mark of Brushville Lake. No mitigation is proposed because the Owner is re-establishing the lake and dam with the goal of returning natural functions and characteristics inside the existing high water level. No negative environmental impacts are proposed during re-establishing the lake and dam because the work within the lake will be done prior to the construction of the dam, therefore, no water will be disturbed to cause unavoidable adverse effects to the existing surrounding habitat.
All work is proposed to be completed in accordance with the enclosed plan(s). If you have any questions concerning this matter, please contact Ms. Brittany Seguin at 814-235-1765, brittany.seguin@usace.army.mil, or State College Field Office, 1601 South Atherton Street, State College Pennsylvania 16801.
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 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, ATTN: Ms Brittany Seguin, U.S. Army Corps of Engineers, Regulatory, 1601 S. Atherton Street, State College Pennsylvania 16801 within the comment period specified above.
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 (NMFS) on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely effect Essential Fish Habitat (EFH). The Corps has determined this project will not affect any EFH.
WATER QUALITY CERTIFICATION: The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act from the Pennsylvania Department of Environmental Protection. The Section 401 certifying agency has a statutory limit of one year from the date of this public notice to make its decision.
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 (CZM) Program. By this public notice, we are requesting the State concurrence or objection to the applicant’s consistency statement. It should be noted that the CZM Program has a statutory limit of 6 months to make its consistency determination.
The applicant must obtain any State or local government permits which may be required.
A preliminary review of this application indicates that the proposed work will not affect Federal listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended. Additionally, a Pennsylvania Natural Diversity Review was performed on July 24, 2013 with the search resulting in no anticipated impacts to Federally listed threatened or endangered species. As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.
Review of the latest published version of the National Register of Historic Places indicates that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work. Additionally, the applicant coordinated with the Pennsylvania Historical and Museum Commission (PHMC), and in correspondence dated September 19, 2013, ER No. 13-2168-015-A, the PHMC determined that the project will have no effect on historic properties. Currently unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by the work to be accomplished under the request permit.
The evaluation of the impact of this project on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 of the Clean Water Act.
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 by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, ATTN: Ms. Brittany Seguin, State College Field Office, 1601 South Atherton Street, State College, Pennsylvania 16801, 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.
It is requested that you communicate this information concerning the proposed work to any persons know by you to be interested and not being known to this office, who did not receive a copy of this notice.
Written comments concerning the work described above related to the factors listed above or other pertinent factors must be received within the comment period specified above to receive consideration. Please submit written comments to:
U.S. Army Corps of Engineers
Baltimore District
ATTN: Ms. Brittany Seguin
State College Field Office
1601 South Atherton Street,
State College, Pennsylvania 16801
Wade B. Chandler
Chief, Pennsylvania Section
Regulatory Branch
Enclosures