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Proposal to construct a quarrystone breakwater extending north from an existing steel groin and a quarrystone revetment along the Lake Michigan shoreline

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Proposal to construct a quarrystone breakwater extending north from an existing steel groin and a quarrystone revetment along the Lake Michigan shoreline, at 565 Sheridan Road in Winnetka, Cook County, Illinois.

PUBLIC NOTICE

APPLICATION FOR PERMIT

U.S. ArmyCorps of Engineers Chicago District

Public Notice/Application Number: LRC-2018-00086

Comment Period BEGINS: March 28, 2018 Comment Period Expires: April 27, 2018

U.S. Army Corps of Engineers

Applicant William Sick 565 Sheridan Road Winnetka, Illinois 60093

Proposed Action Proposal to construct a quarrystone breakwater extending north from an existing steel groin and a quarrystone revetment along the shoreline (See attached drawings). A detailed description of this proposal is provided on page 2 of this notice.

Location of Proposed Action In Lake Michigan at 565 Sheridan Road in Winnetka, Cook County, Illinois (Latitude 42.10728, Longitude -87.7242).

Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described herein and as shown on the attached drawings. You are invited to provide your comments by April 27, 2018 on the proposed work, which will become part of the record and will be considered in the decision. A permit will be issued or denied under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 Action of the Clean Water Act of 1972(33 U.S.C. 1344).

Written comments shall be mailed to: U.S. Army Corps of Engineers Chicago District, Regulatory Branch Attn: LRC-2018-00086, Mr. Soren Hall 231 South LaSalle Street, Suite 1500 Chicago, Illinois 60604-1437 It should be noted that ALL comments received by this office (via hard copy or electronic) will only be accepted with the full name and address, and email address, if available of the individual commenting, and must be received by the close of the public notice period. Electronic comments may be sent to the project manager at Soren.G.Hall@usace.army.mil.

Project Description The existing property currently consists of a steel groin, a 25’ wide beach, and a section of wall constructed of gabion baskets (wire baskets filled with stone). The proposed project would be to construct a quarrystone breakwater extending north from the existing steel groin and a new quarrystone revetment along the shoreline.

The quarrystone breakwater would extend 85’ north from the steel groin and be 34’ wide, toe to toe. A 7’ wide crest at an elevation of 584’ is proposed. The eastern edge of the breakwater would be 125’ from the toe of the bluff.

The quarrystone revetment would extend 130’ for the length of the shoreline, have a width of 26.5’, and a crest elevation of 590’. The proposed groin would be located almost entirely above the jurisdictional boundary of 581.5’ Illinois Great Lakes Datum – 1985 (IGLD-1985), labeled on the plans as the Ordinary High Water Mark (OHWM).

The steel groin currently tapers from a landward elevation of 585.4’ to a lakeward elevation of 583.1’. The groin elevation is proposed to be raised to a landward elevation of 587’ to a lakeward elevation of 584’. The purpose of raising the groin elevation is to hold more sand north of the groin and allow for a more stable beach slope of 11:1.

The total fill below the OHWM for the proposed project would be 0.06 acres. A total of 1000 tons of clean sand would be placed as fill to create the larger beach and prevent the capture of sand from the littoral drift.

The property to the south (555 Sheridan Road) has an existing steel wall that holds a perched beach elevation of approximately 586’. The proposed sand elevation north of the steel groin would be 587’. Due to the similar elevations, no stairs are proposed.

Avoidance & Minimization The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: Instead of placing a quarrystone revetment to raise the south elevation of the sand holding structure, the steel will be raised for less impact to the lake.

Mitigation The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: Mitigation is not required due to the small footprint of the breakwater.

The Corps has not verified the adequacy of this mitigation proposal at this time and will make the final determination on whether the proposed mitigation is appropriate and practicable in accordance with 33 CFR Part 332. Regulatory Authority This proposed action will be reviewed according to the provisions of Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1972.

Jurisdiction This application will be reviewed according to the provisions of Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1972 due to placement of 0.06 acres of fill within Lake Michigan. Lake Michigan. Lake Michigan is a Section 10 Navigable Waterway and is therefore jurisdictional.

Evaluation Factors The decision whether to issue a permit will be based on an evaluation of 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, historic 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. In addition, if the proposed activity involves the discharge of dredged or fill material into waters of the United States, the evaluation of the impact on the public interest will include application of Section 404(b)(1) guidelines (40 CFR 230) promulgated by the U.S. Environmental Protection Agency.

The Corps of Engineers is also soliciting comments from the public, Federal, state and local agencies, Indian tribes, and other interested parties in order to consider and evaluate the potential impacts of the proposed activity. Once this office completes a review of the comments received, it will be determined whether to issue, modify, condition, or deny a permit for this proposal.

To prepare this decision, comments are taken into consideration to assess impacts on the public interest factors listed above, as well as endangered species, historic properties, water quality, and general environmental effects. Comments will be used in the preparation of an Environmental Assessment and/or Environmental Impact Statement pursuant to the National Environmental Policy Act. A determination concerning the need for a public hearing will also be based on the comments received.

Preliminary Evaluation of Selected Factors

Water Quality: The applicant has applied to the Illinois Environmental Protection Agency (IEPA) for water quality certification, or waiver thereof, for the proposed activity in accordance with Section 401 of the Clean Water Act. Certification or waiver indicates that the IEPA believes the activity will not violate applicable water quality standards. The review by the IEPA is conducted in accordance with the Illinois water quality standards under 35 Illinois Administrative Code Subtitle C by providing an antidegradation assessment, which includes an evaluation of alternatives to any proposed increase in pollutant loading that may result from this activity.

The "Fact Sheet" containing the antidegradation assessment for this proposed project may be found on the IEPA's web site, at www.epa.state.il.us/public-notices/. In the event that the IEPA is unable to publish the "Fact Sheet" corresponding to the timeframe of this Joint Public Notice, a separate public notice and "Fact Sheet" will be published by the IEPA at the web site identified above. You may also obtain a copy of the "Fact Sheet" by contacting the IEPA at the address or telephone number shown below.

Written comments concerning possible impacts to water quality should be addressed to the following agency, along with a copy of the comments provided to the Corps of Engineers:

Illinois Environmental Protection Agency Bureau of Water Watershed Management Section 1021 N. Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276

If you have any questions please contact the IEPA at (217) 782-3362.

Department of Natural Resources: The applicant has applied to the Illinois Department of Natural, Office of Water Resources (IDNR-OWR) for a permit pursuant to the State of Illinois Rivers, Lake and Streams Act (615 ILCS 5). Comments concerning the IDNR-OWR permit should be addressed to the following agency, along with a copy of the comments provided to the Corps of Engineers:

Illinois Department of Natural Resources Office of Water Resources Michael A. Bilandic Building 160 N. LaSalle Street, Suite S-700 Chicago, IL 60601

If you have any questions please contact the IDNR at (312) 793-5947.

Endangered and Threatened Species: The Corps of Engineers has determined that the proposed activity would not affect any federally-listed endangered or threatened species or critical habitat for any endangered or threatened species, pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Therefore, consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act does not appear to be warranted at this time.

Historic Properties/Cultural Resources: Preliminary review indicates that the proposed activity is not likely to adversely affect any historic property which is listed, or eligible for listing, on the National Register of Historic Places.

Environmental Impact Statement A preliminary determination has been made that an environmental impact statement is not required for the proposed work.

Public Hearing Any person may request in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. A request for a hearing may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served.

It should be noted that materials submitted as part of the permit application become part of the public record and are thus available to the general public under the procedures of the Freedom of Information Act (FOIA). Individuals may submit a written request to obtain materials under FOIA or make an appointment to view the project file at the Chicago District Corps of Engineers Office of Counsel.

Interested parties wishing to comment on the proposed activity must do so in writing no later than April 27, 2018. It is presumed that all parties receiving this notice will wish to respond to this public notice; therefore, a lack of response will be interpreted as meaning that there is no objection to the project as described.

This public notice is not a paid advertisement and is for public information only. Issuance of this notice does not imply Corps of Engineers endorsement of the project as described.

If you have any questions, please contact Mr. Soren Hall of my staff by telephone at (312) 846-5532, or email at Soren.G.Hall@usace.army.mil. It should be noted that ALL comments received by this office (via hard copy or electronic) will only be accepted with the full name and address of the individual commenting. You can also visit our website at http://www.lrc.usace.army.mil/Missions/Regulatory.aspx for more information on our program.

FOR THE DISTRICT COMMANDER:

Original Signed

Kathleen G. Chernich Chief, East Section Regulatory Branch

PUBLIC NOTICE APPLICATION FOR PERMIT U.S. ARMY CORPS OF ENGINEERS CHICAGO DISTRICT

PUBLIC NOTICE/APPLICATION NUMBER: LRC-2018-00086 COMMENT PERIOD BEGINS: March 28, 2018 COMMENT PERIOD EXPIRES: April 27, 2018 U.S. Army Corps of Engineers APPLICANT William Sick 565 Sheridan Road Winnetka, Illinois 60093 PROPOSED ACTION Proposal to construct a quarrystone breakwater extending north from an existing steel groin and a quarrystone revetment along the shoreline (See attached drawings). A detailed description of this proposal is provided on page 2 of this notice. LOCATION OF PROPOSED ACTION In Lake Michigan at 565 Sheridan Road in Winnetka, Cook County, Illinois (Latitude 42.10728, Longitude -87.7242). Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described herein and as shown on the attached drawings. You are invited to provide your comments by April 27, 2018 on the proposed work, which will become part of the record and will be considered in the decision. A permit will be issued or denied under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 Action of the Clean Water Act of 1972(33 U.S.C. 1344). Written comments shall be mailed to: U.S. Army Corps of Engineers Chicago District, Regulatory Branch Attn: LRC-2018-00086, Mr. Soren Hall 231 South LaSalle Street, Suite 1500 Chicago, Illinois 60604-1437

-2It should be noted that ALL comments received by this office (via hard copy or electronic) will only be accepted with the full name and address, and email address, if available of the individual commenting, and must be received by the close of the public notice period. Electronic comments may be sent to the project manager at Soren.G.Hall@usace.army.mil. PROJECT DESCRIPTION The existing property currently consists of a steel groin, a 25' wide beach, and a section of wall constructed of gabion baskets (wire baskets filled with stone). The proposed project would be to construct a quarrystone breakwater extending north from the existing steel groin and a new quarrystone revetment along the shoreline. The quarrystone breakwater would extend 85' north from the steel groin and be 34' wide, toe to toe. A 7' wide crest at an elevation of 584' is proposed. The eastern edge of the breakwater would be 125' from the toe of the bluff. The quarrystone revetment would extend 130' for the length of the shoreline, have a width of 26.5', and a crest elevation of 590'. The proposed groin would be located almost entirely above the jurisdictional boundary of 581.5' Illinois Great Lakes Datum ­ 1985 (IGLD-1985), labeled on the plans as the Ordinary High Water Mark (OHWM). The steel groin currently tapers from a landward elevation of 585.4' to a lakeward elevation of 583.1'. The groin elevation is proposed to be raised to a landward elevation of 587' to a lakeward elevation of 584'. The purpose of raising the groin elevation is to hold more sand north of the groin and allow for a more stable beach slope of 11:1. The total fill below the OHWM for the proposed project would be 0.06 acres. A total of 1000 tons of clean sand would be placed as fill to create the larger beach and prevent the capture of sand from the littoral drift. The property to the south (555 Sheridan Road) has an existing steel wall that holds a perched beach elevation of approximately 586'. The proposed sand elevation north of the steel groin would be 587'. Due to the similar elevations, no stairs are proposed. AVOIDANCE & MINIMIZATION The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: Instead of placing a quarrystone revetment to raise the south elevation of the sand holding structure, the steel will be raised for less impact to the lake. MITIGATION The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: Mitigation is not required due to the small footprint of the breakwater. The Corps has not verified the adequacy of this mitigation proposal at this time and will make the final determination on whether the proposed mitigation is appropriate and practicable in accordance with 33 CFR Part 332.

-3REGULATORY AUTHORITY This proposed action will be reviewed according to the provisions of Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1972. JURISDICTION This application will be reviewed according to the provisions of Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1972 due to placement of 0.06 acres of fill within Lake Michigan. Lake Michigan. Lake Michigan is a Section 10 Navigable Waterway and is therefore jurisdictional. EVALUATION FACTORS The decision whether to issue a permit will be based on an evaluation of 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, historic 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. In addition, if the proposed activity involves the discharge of dredged or fill material into waters of the United States, the evaluation of the impact on the public interest will include application of Section 404(b)(1) guidelines (40 CFR 230) promulgated by the U.S. Environmental Protection Agency. The Corps of Engineers is also soliciting comments from the public, Federal, state and local agencies, Indian tribes, and other interested parties in order to consider and evaluate the potential impacts of the proposed activity. Once this office completes a review of the comments received, it will be determined whether to issue, modify, condition, or deny a permit for this proposal. To prepare this decision, comments are taken into consideration to assess impacts on the public interest factors listed above, as well as endangered species, historic properties, water quality, and general environmental effects. Comments will be used in the preparation of an Environmental Assessment and/or Environmental Impact Statement pursuant to the National Environmental Policy Act. A determination concerning the need for a public hearing will also be based on the comments received. PRELIMINARY EVALUATION OF SELECTED FACTORS WATER QUALITY: The applicant has applied to the Illinois Environmental Protection Agency (IEPA) for water quality certification, or waiver thereof, for the proposed activity in accordance with Section 401 of the Clean Water Act. Certification or waiver indicates that the IEPA believes the activity will not violate applicable water quality standards. The review by the IEPA is conducted in

-4accordance with the Illinois water quality standards under 35 Illinois Administrative Code Subtitle C by providing an antidegradation assessment, which includes an evaluation of alternatives to any proposed increase in pollutant loading that may result from this activity. The "Fact Sheet" containing the antidegradation assessment for this proposed project may be found on the IEPA's web site, at www.epa.state.il.us/public-notices/. In the event that the IEPA is unable to publish the "Fact Sheet" corresponding to the timeframe of this Joint Public Notice, a separate public notice and "Fact Sheet" will be published by the IEPA at the web site identified above. You may also obtain a copy of the "Fact Sheet" by contacting the IEPA at the address or telephone number shown below. Written comments concerning possible impacts to water quality should be addressed to the following agency, along with a copy of the comments provided to the Corps of Engineers: Illinois Environmental Protection Agency Bureau of Water Watershed Management Section 1021 N. Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 If you have any questions please contact the IEPA at (217) 782-3362. DEPARTMENT OF NATURAL RESOURCES: The applicant has applied to the Illinois Department of Natural, Office of Water Resources (IDNR-OWR) for a permit pursuant to the State of Illinois Rivers, Lake and Streams Act (615 ILCS 5). Comments concerning the IDNR-OWR permit should be addressed to the following agency, along with a copy of the comments provided to the Corps of Engineers: Illinois Department of Natural Resources Office of Water Resources Michael A. Bilandic Building 160 N. LaSalle Street, Suite S-700 Chicago, IL 60601 If you have any questions please contact the IDNR at (312) 793-5947. ENDANGERED AND THREATENED SPECIES: The Corps of Engineers has determined that the proposed activity would not affect any federallylisted endangered or threatened species or critical habitat for any endangered or threatened species, pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Therefore, consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act does not appear to be warranted at this time.

-5HISTORIC PROPERTIES/CULTURAL RESOURCES: Preliminary review indicates that the proposed activity is not likely to adversely affect any historic property which is listed, or eligible for listing, on the National Register of Historic Places. ENVIRONMENTAL IMPACT STATEMENT A preliminary determination has been made that an environmental impact statement is not required for the proposed work. PUBLIC HEARING Any person may request in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. A request for a hearing may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. It should be noted that materials submitted as part of the permit application become part of the public record and are thus available to the general public under the procedures of the Freedom of Information Act (FOIA). Individuals may submit a written request to obtain materials under FOIA or make an appointment to view the project file at the Chicago District Corps of Engineers Office of Counsel. Interested parties wishing to comment on the proposed activity must do so in writing no later than April 27, 2018. It is presumed that all parties receiving this notice will wish to respond to this public notice; therefore, a lack of response will be interpreted as meaning that there is no objection to the project as described. This public notice is not a paid advertisement and is for public information only. Issuance of this notice does not imply Corps of Engineers endorsement of the project as described. If you have any questions, please contact Mr. Soren Hall of my staff by telephone at (312) 8465532, or email at Soren.G.Hall@usace.army.mil. It should be noted that ALL comments received by this office (via hard copy or electronic) will only be accepted with the full name and address of the individual commenting. You can also visit our website at http://www.lrc.usace.army.mil/Missions/Regulatory.aspx for more information on our program.

FOR THE DISTRICT COMMANDER: ORIGINAL SIGNED

Kathleen G. Chernich Chief, East Section Regulatory Branch

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