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Proposal to construct a shoreline protection system in Lake Michigan

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Proposal to construct a shoreline protection system in Lake Michigan, at 1351 East Westleigh Road in Lake Forest, Lake County, Illinois.

PUBLIC NOTICE

APPLICATION FOR PERMIT

U.S. ArmyCorps of Engineers Chicago District

Public Notice/Application Number: LRC-2016-00502

Comment Period BEGINS: April 24, 2018 Comment Period Expires: May 24, 2018

U.S. Army Corps of Engineers

Applicant Naster Borzogi 1351 East Westleigh Road Lake Forest, Illinois 60045

Proposed Action Proposal to construct a shoreline protection system in Lake Michigan.

Location of Proposed Action In Lake Michigan at 1351 East Westleigh Road in Lake Forest, Lake County, Illinois (Latitude 42.23145, Longitude -87.81202).

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 24, 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-2016-502, 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 subject property includes two existing steel groins and a revetment along part of the northern segment of shoreline. Currently, a beach is present on the southern portion of the site tapering to no beach in the north.

The proposed project includes installation of two quarrystone breakwaters, revetment maintenance, and groin protection. An 80’ long quarrystone breakwater island would be constructed in the in the north segment of the property. This breakwater would have a crest elevation of 582’ International Great Lakes Datum – 1985 (IGLD-1985) and would be located 80’ from the toe of the bluff. The breakwater is intended to allow for the formation of a small beach to protect the revetment from waves and scouring at the toe. The existing revetment in the northern segment of shoreline would be maintained within the existing profile by filling the voids with stone.

A 38 foot long quarrystone breakwater is proposed at the end of the existing steel groin. This breakwater would have a crest elevation of 583’ IGLD-1985 and would be located 125’ from the toe of the bluff. This breakwater is intended to help stabilize the groin and retain more sand to protect the shoreline from waves.

A 24 foot quarrystone “gumball” is proposed at the end of the southern groin. The quarrystone would be located 250’ from the toe of the bluff with a crest elevation of 580’ ILGD-1985. The purpose of the quarrystone is to stabilize the end for the steel groin and reduce scour in the immediate area.

The proposed fill for the construction of the two breakwaters and groin protection would be 0.10 acres. In addition, 1,310 tons of clean sand would be placed in the areas shown in the plans. These areas will be pre-filled with sand to reduce the potential of sand capture from the littoral drift.

Avoidance & Minimization The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: The homeowner wants to do the minimal work necessary to protect the existing infrastructure and land for the long-term. The shore disconnected breakwater is close to shore to act as a wave break, not to hold a large beach. The stone on the groin ends is located at the existing groin ends. As there is less sand to the north, the groin protection in the center of the property is designed to help retain sand north and south of the steel.

Mitigation The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: Impacts do not exceed 0.10 acre, so mitigation is not proposed.

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.. (Explanation of jurisdiction).

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 24, 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-2016-00502 COMMENT PERIOD BEGINS: April 24, 2018 COMMENT PERIOD EXPIRES: May 24, 2018 U.S. Army Corps of Engineers APPLICANT Naster Borzogi 1351 East Westleigh Road Lake Forest, Illinois 60045 PROPOSED ACTION Proposal to construct a shoreline protection system in Lake Michigan (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 1351 East Westleigh Road in Lake Forest, Lake County, Illinois (Latitude 42.23145, Longitude -87.81202). 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 24, 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-2016-00502, 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 subject property includes two existing steel groins and a revetment along part of the northern segment of shoreline. Currently, a beach is present on the southern portion of the site tapering to no beach in the north. The proposed project includes installation of two quarrystone breakwaters, revetment maintenance, and groin protection. An 80' long quarrystone breakwater island would be constructed in the in the north segment of the property. This breakwater would have a crest elevation of 582' International Great Lakes Datum ­ 1985 (IGLD-1985) and would be located 80' from the toe of the bluff. The breakwater is intended to allow for the formation of a small beach to protect the revetment from waves and scouring at the toe. The existing revetment in the northern segment of shoreline would be maintained within the existing profile by filling the voids with stone. A 38 foot long quarrystone breakwater is proposed at the end of the existing steel groin. This breakwater would have a crest elevation of 583' IGLD-1985 and would be located 125' from the toe of the bluff. This breakwater is intended to help stabilize the groin and retain more sand to protect the shoreline from waves. A 24 foot quarrystone "gumball" is proposed at the end of the southern groin. The quarrystone would be located 250' from the toe of the bluff with a crest elevation of 580' ILGD-1985. The purpose of the quarrystone is to stabilize the end for the steel groin and reduce scour in the immediate area. The proposed fill for the construction of the two breakwaters and groin protection would be 0.10 acres. In addition, 1,310 tons of clean sand would be placed in the areas shown in the plans. These areas will be pre-filled with sand to reduce the potential of sand capture from the littoral drift. AVOIDANCE & MINIMIZATION The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: The homeowner wants to do the minimal work necessary to protect the existing infrastructure and land for the long-term. The shore disconnected breakwater is close to shore to act as a wave break, not to hold a large beach. The stone on the groin ends is located at the existing groin ends. As there is less sand to the north, the groin protection in the center of the property is designed to help retain sand north and south of the steel. MITIGATION

-3The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: Impacts do not exceed 0.10 acre, so mitigation is not proposed. 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.. (Explanation of jurisdiction). 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.

-4-

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.

-5-

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. 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 24, 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.

-6-

FOR THE DISTRICT COMMANDER: ORIGINAL SIGNED

Kathleen G. Chernich Chief, East Section Regulatory Branch

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