Public Notice
U.S. Army Corps In Reply to Application Number
of
Engineers CENAB-OPR-M (CH
P&G-CLIFFTON ON THE POTOMAC)
Baltimore District 2016-60395
PN 16-29 Comment Period: May 9, 2016 to June 9, 2016
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE
PUBLIC ABOUT THE WORK DESCRIBED BELOW.
AT THIS TIME, NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT
WILL BE ISSUED.
The Baltimore District Corps of Engineers has received an
application for a Department of the Army permit pursuant to Section 10 of the
Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, as
described below:
APPLICANT: Charles
County
c/o Mr. John Stevens
200 Baltimore Street
La Plata, Maryland 20646
LOCATION: In the Potomac River at
Lots 15-35 along Potomac View Drive, Newburg, Charles County, Maryland
WORK: To stabilize approximately 1,872 linear feet
of an eroding shoreline by creating approximately 1.35 acre area of emergent intertidal
wetlands by depositing approximately 1,640 cubic yards of sloped, clean select sand
fill stabilized with Spartina alternifora
and S. patens; to construct a 16-foot
wide by 1,872 foot long low profile sill with ten 10-foot wide vents to extend
no more than 35 feet channelward of the approximate mean high water shoreline. All work is to be completed in accordance
with the proposed plan(s). If you have
any questions concerning this matter, please contact Mrs. Erica Schmidt at
(410) 962-6029 or Erica.Schmidt@usace.army.mil.
Site
layout for this project was based upon existing cliff erosion. Efforts were made to avoid, to the extent
possible, the long and short-term adverse impacts associated with the proposed
project. The applicant proposes to access
the site from the land on an existing access pathway.
Compensatory
mitigation is not being proposed by the applicant for permanent impacts to open
water.
The purpose of the
project is primarily to provide shoreline stabilization to protect structures
onsite.
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 project site lies in
or adjacent to EFH as described under MSFCMA for Gadus
morhua (Atlantic Cod) adult, Pleuronectes
americanus (winter flounder)
juvenile, and adult, Scopthalmus aquosos (windowpane flounder) eggs,
larvae, juvenile and adult; Pomatomus saltatrix (blue fish) juvenile
and adult; (Lophius americanus)
(Monkfish) eggs and larvae, Stenotomus chrysops
(scup) juvenile and adult; Centropristus striata (black sea bass)
juvenile and adult; Paralicthys dentatus (summer flounder) larvae,
juvenile and adult; Urophycis chuss (red hake) eggs, larvae,
juvenile; (Peprilus triacanthus (Atlantic butterfish) eggs, juvenile, adult; Clupea harengus (Atlantic sea herring)
juvenile and adult; Odontaspis taurus (sand tiger shark) larvae and
adult; Squatina dumerili (Atlantic angel shark) larvae, juvenile, and
adult; Charcharinus obscurus (dusky shark) larvae; Charcharinus
plumbeus (sandbar shark) larvae, juvenile, and adult; Odontaspis taurus sand tiger
shark, larvae and juvenile, Sphyrna lewini (scalloped hammerhead shark)
juvenile; Rhizopriondon
terraenovae (Atlantic sharpnose shark) adult, Prionance glauca (blue shark) adult Galeocerdo cuvieri
(tiger shark) larvae; and eggs, larvae, juvenile, and adult stages of Scomberomorus
cavalla (king mackerel), Scomberomorus maculatus (spanish mackerel),
and Rachycentron canadum (cobia), Spisula solidissima
(surf clam) juvenile, all managed species under the MSFCMA.
The project has the potential to adversely affect EFH or the
species of concern by alteration of spawning, nursery, forage and/or shelter
habitat. The project may have an adverse effect on
approximately 1.35 acres of EFH as described under the MSFCMA
for the species and life stages identified above. This habitat consists of a mostly sandy and
silty sub-tidal substrate that does not support submerged aquatic vegetation
(SAV). The proposed project would alter
the existing elevations and substrate within the project footprint and the
areas filled are not expected to support the current benthos and fishery due to
the project. However, the District
Engineer has made a preliminary determination that site-specific impacts would
not be substantial and an abbreviated consultation will be conducted with NMFS. No
mitigative measures are recommended to minimize adverse effects on EFH at this
time. This determination may be modified if
additional information indicates otherwise and would change the preliminary
determination.
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 benefit 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 the cumulative effects thereof; among those are conservation,
economics, 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,
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 are also used to determine the need
for a public hearing and to determine the overall public interest of the
proposed activity.
The applicant is required to obtain a water quality certification
in accordance with Section 401 of the Clean Water Act from the Maryland
Department of the Environment. Any
written comments concerning the work described above which relate to water
quality certification must be received by
the Wetlands and Waterways Program, Maryland Department of the
Environment, 1800 Washington Blvd. Suite 430, Baltimore, Maryland 21230 within
the comment period as specified
above to receive consideration.
Written comments concerning the work described above related to the
factors listed above or other pertinent factors must be received by the
District Engineer, US Army Corps of Engineers, Baltimore District, 10 S. Howard
Street, Baltimore, Maryland 21201, within the comment period as specified above
to receive consideration. The 401 certifying agency has a statutory limit of
one year to make its decision.
The applicant has certified in this application that the proposed
activity complies with and will be conducted in a manner consistent with the
Maryland Coastal Zone Program. This
certification statement is available for inspection in the District Office;
however, public comments relating to consistency must be received by the
Coastal Zone Division, Maryland Department of the Environment, 1800 Washington
Blvd. Suite 430, Baltimore, Maryland 21230, within the comment period as
specified above. It should be noted that
CZ Division has a statutory limit of 6 months in which 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 listed species or their critical habitat pursuant
to Section 7 of the Endangered Species Act as amended. 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. Currently unknown archeological, scientific,
prehistoric, or historical data may be lost or destroyed by the work to be
accomplished under the requested permit.
The evaluation of the impact of the work described above 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 District Engineer must
receive the request, which must be in writing, US Army Corps of Engineers, Baltimore
District, 10 S. Howard Street, Baltimore, Maryland 21201, within the comment
period as specified as above to receive consideration. Also, it must clearly state forth the
interest that may be adversely affected by this activity in the manner in which
the interest may be adversely affected.
It is requested that you communicate the foregoing information
concerning the proposed work to any persons known by you to be interested and
not being known to this office, who did not receive a copy of this notice.
FOR THE DISTRICT ENGINEER:
Kathy
B. Anderson
Chief,
Maryland Section Southern