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Proposal to dredge Wilmette Harbor for a period of 10 years to maintain the function of the harbor. Located in Lake Michigan at Wilmette Harbor, Wilmette, Cook County, Illinois.
PUBLIC NOTICE
APPLICATION FOR PERMIT
U.S. Army
Corps of Engineers
Chicago District
Public Notice/Application Number: LRC-2007-00133
Comment Period BEGINS: April 6, 2018
Comment Period Expires: May 5, 2018
U.S. Army Corps of Engineers
Applicant
Hyde Perce
Wilmette Harbor Association
20 Harbor Drive
Wilmette, Illinois 60091
Proposed Action
Proposal to dredge Wilmette Harbor for a period of 10 years to maintain the function of the harbor (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 Wilmette Harbor, Wilmette, Cook County, Illinois (Latitude 42.077091, Longitude -87.680769).
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 May 5, 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-2007-00133, 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
Wilmette Harbor provides docking for recreational boats as well as the U.S. Coast Guard, Eight District rescue vessels. Sand shoals at the mouth of the harbor and must be periodically dredged to maintain safe access.
A permit is being requested to dredge up to 15,000 cubic yards of sand annually from the harbor. The dredging is anticipated to be required at least once annually, but possibly more often.
Mechanical dredging would be completed from a barge using a crane or backhoe to sidecast the sand south of the harbor breakwater. The attached exhibit identifies the area to be dredged and the proposed disposal location. The proposed dredging depth necessary to provide safe access is 568’ Illinois Great Lakes Datum, 1985.
The area to be dredged covers approximately 2.9 acres and the disposal area is approximately 2.6 acres. The sand is proposed to be placed closed to shore immediately south of the breakwater due alleviate increased erosion of the beach during the current higher lake levels.
Avoidance & Minimization
The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: The area of proposed dredging is the area that accumulates sand. The inner harbor is not proposed to be dredged.
Mitigation
The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: Mitigation is not required. The disposed sand will nourish the beach and move with the littoral drift.
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 up to 15,000 cubic yards of sand annually in Lake Michigan. Lake Michigan is a traditional navigable water 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 May 6, 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-2007-00133
COMMENT PERIOD BEGINS: April 6, 2018
COMMENT PERIOD EXPIRES: May 5, 2018
U.S. Army Corps of Engineers
APPLICANT
Hyde Perce
Wilmette Harbor Association
20 Harbor Drive
Wilmette, Illinois 60091
PROPOSED ACTION
Proposal to dredge Wilmette Harbor for a period of 10 years to maintain the function of the
harbor (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 Wilmette Harbor, Wilmette, Cook County, Illinois (Latitude 42.077091,
Longitude -87.680769).
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 May 5, 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).
-2Written comments shall be mailed to:
U.S. Army Corps of Engineers
Chicago District, Regulatory Branch
Attn: LRC-2007-00133, 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
Wilmette Harbor provides docking for recreational boats as well as the U.S. Coast Guard, Eight
District rescue vessels. Sand shoals at the mouth of the harbor and must be periodically dredged
to maintain safe access.
A permit is being requested to dredge up to 15,000 cubic yards of sand annually from the harbor.
The dredging is anticipated to be required at least once annually, but possibly more often.
Mechanical dredging would be completed from a barge using a crane or backhoe to sidecast the
sand south of the harbor breakwater. The attached exhibit identifies the area to be dredged and
the proposed disposal location. The proposed dredging depth necessary to provide safe access is
568' Illinois Great Lakes Datum, 1985.
The area to be dredged covers approximately 2.9 acres and the disposal area is approximately 2.6
acres. The sand is proposed to be placed closed to shore immediately south of the breakwater
due alleviate increased erosion of the beach during the current higher lake levels.
AVOIDANCE & MINIMIZATION
The applicant has stated the following concerning avoidance and minimization of impacts to
Waters of the United States: The area of proposed dredging is the area that accumulates sand.
The inner harbor is not proposed to be dredged.
MITIGATION
The applicant has stated the following concerning compensatory mitigation for unavoidable
impacts to Waters of the United States: Mitigation is not required. The disposed sand will
nourish the beach and move with the littoral drift.
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 up to
15,000 cubic yards of sand annually in Lake Michigan. Lake Michigan is a traditional navigable
water 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 May 6, 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
Wilmette Harbor Area to be dredged approximately 2.9 acres
Dredging Cross Section
Current water level ~580'
Dredged sand will be placed
south of the Harbor and
spread out to remain below
the current water level.