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Install and Maintain a Waterway Closer Gate in Braithwaite, Plaquemines Parish
NAME OF APPLICANT: Elton Meyers, #9 South Lake Court Violet, LA 70092
LOCATION OF WORK: Project site is located in Braithwaite, Plaquemines Parish,
Louisiana, as shown on the attached drawings.
Hydrologic Unit Code: 08090203- East Central Louisiana Coastal Location: Latitude:
29.742411, Longitude: -89.986344.
CHARACTER OF WORK: The applicant proposes to install and maintain a 42’
waterway closer gate across a canal. The applicant is not proposing impacts to
jurisdictional wetlands, thus compensatory mitigation is not anticipated at this time.
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NEW ORLEANS DISTRICT
7400 LEAKE AVE
NEW ORLEANS LA 70118-3651
August 6, 2018
Operations Division
Eastern Evaluation Section
Project Manager
Benjamin Sherman
Benjamin.C.Sherman@usace.army.mil
(504) 862-2041
SUBJECT: MVN 2018-00643 ES
PUBLIC NOTICE
Interested parties are hereby notified that an application has been received by the
District engineer for a Department of the Army permit to authorize the following pursuant
to (X) Section 10 of the Rivers and Harbors Act of March 3, 1899 (30 Stat. 1151; 33
USC 403); and/or ( ) Section 404 of the Clean Water Act (86 Stat. 816; 33 USC 1344).
Install and Maintain a Waterway Closer Gate in Braithwaite, Plaquemines Parish
NAME OF APPLICANT: Elton Meyers, #9 South Lake Court Violet, LA 70092
LOCATION OF WORK: Project site is located in Braithwaite, Plaquemines Parish,
Louisiana, as shown on the attached drawings.
Hydrologic Unit Code: 08090203- East Central Louisiana Coastal Location: Latitude:
29.742411, Longitude: -89.986344.
CHARACTER OF WORK: The applicant proposes to install and maintain a 42'
waterway closer gate across a canal. The applicant is not proposing impacts to
jurisdictional wetlands, thus compensatory mitigation is not anticipated at this time.
The comment period will close 15 days from the date of this public notice
advertisement. Written comments, including suggestions for modifications or objections
to the proposed work, stating reasons therefore, are being solicited from anyone having
interest in this permit request. Letters must reference the applicant's name and the
subject number, be addressed and mailed to the above address,
ATTENTION: REGULATORY BRANCH. Individuals or parties may request an
extension of time in which to comment on the proposed work by writing or emailing the Corps of Engineers Project Manager listed above. Any request must
be specific and substantively supportive of the requested extension, and received
by this office prior to the end of the initial comment period. The Section Chief will
review the request and the requestor will be promptly notified of the decision to
grant or deny the request. If granted, the time extension will be continuous to the
-2initial comment period and, inclusive of the initial comment period, will not
exceed a total of 30 calendar days.
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 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.
The U.S. Army 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 U.S. Army Corps of Engineers to
determine whether to make, 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 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 New Orleans District is unaware of properties listed on the National Register
of Historic Places near the proposed work. The possibility exists that the proposed work
may damage or destroy presently unknown archeological, scientific, prehistorical,
historical sites, or data. Issuance of this public notice solicits input from the State
Archeologist and State Historic Preservation Officer regarding potential impacts to
cultural resources.
The New Orleans District has determined that the project footprint is located in
waters known to be utilized by the West Indian manatee (Trichechus manatus) and
determined the activity is "not likely to adversely affect" this species based on the
Standard Local Operating Procedure for Endangered Species in Louisiana (SLOPES),
dated October 22, 2014, between the U.S. Army Corps of Engineers, New Orleans and
U.S. Fish and Wildlife Service, Ecological Services Office. If authorized, "The Standard
Manatee Conditions for In-Water Activities" will be made part of the permit's special
conditions."
Our initial finding is that the proposed work would neither affect any species
listed as endangered by the U.S. Department of Commerce nor affect any habitat
designated as critical to the survival and recovery of any endangered species.
-3This notice initiates the Essential Fish Habitat (EFH) consultation requirements of
the Magnus-Stevens Fishery Conservation and Management Act. The applicant's
proposal would result in the destruction or alteration of NA acres of EFH utilized by
various life stages of red drum and penaeid shrimp. Our initial determination is that the
proposed action would not have a substantial adverse impact on EFH or federally
managed fisheries in the Gulf of Mexico. Our final determination relative to project
impacts and the need for mitigation measures is subject to review by and coordination
with the National Marine Fisheries Service.
If the proposed work involves deposits of dredged or fill material into navigable
waters, the evaluation of the probable impacts will include the application of guidelines
established by the Administrator of the Environmental Protection Agency and
certification that the proposed activity will not violate applicable water quality standards
will be required from the Louisiana Department of Environmental Quality, Office of
Environmental Services, before a permit is issued.
The applicant has certified that the proposed activity described in the application
complies with and will be conducted in a manner that is consistent with the Louisiana
Coastal Resources Program. The Department of the Army permit will not be issued
unless the applicant received approval or a waiver of the Coastal Use Permit by the
Department of Natural Resources.
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
hearings shall state, with particularity, the reasons for holding a public hearing.
You are requested to communicate the information contained in this notice to any
other parties whom you deem likely to have interest in the matter.
Michael V. Farabee
Chief, Eastern Evaluation Section
Enclosures