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Proposed Permit Modification to Expand the Authorized Beach Nourishment Area in Lake Huron at Port Huron, Michigan

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US Army Corps of Engineers

Public Notice

Detroit District Applicant:

City of Port Huron

In Reply Refer To:

Corps File No. LRE-1976-160115-S18

Date: December 14, Expires: January 3,

2018 2019

Proposed Permit Modification to Expand the Authorized Beach Nourishment Area in Lake Huron at Port Huron, Michigan Applicant: City of Port Huron, Attn: David Smith, 100 McMorran Boulevard, Port Huron, MI 48060 Project Location: The proposed beach nourishment expansion site is located in Lake Huron between Holland Avenue and LaSalle Boulevard, Port Huron, Section 26, Township 7 N, Range 17 E, St. Clair County, Michigan, 48060. Federal Authority: The applicant has applied for a Department of the Army permit under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. State Authority: Section 401 of the Clean Water Act requires that all discharges of dredged or fill material must be certified by the State as complying with applicable effluent limitations and water quality standards. Coastal Zone Management Certification (or waiver thereof) is required from the State of Michigan if this proposed activity would occur within the designated coastal zone. Project Description: As shown on the attached plans, the applicant proposes to expand the area of beach nourishment (up to 9,000 cubic yards annually) in Lake Huron from the presently authorized 1200-foot long area of Lakeside Park to include a 820-foot long area between Holland Avenue on the north to LaSalle Boulevard on the south, and between 100 feet landward of the water's edge out to the second sand bar. The beach nourishment material would be obtained by authorized maintenance dredging of the Black River Canal. The use of mats to facilitate truck access to the 100-foot disposal zone is proposed. The purpose of the proposed work is beach nourishment. Avoidance & Minimization The applicant has stated the following concerning avoidance and minimization of impacts to Waters of the United States: Shoreline disposal for beach nourishment is already authorized at Lakeside Park. This proposal prevents the loss of sand to the shoreline system that would occur if dredged material were disposed of in upland.

File No. LRE-1976-160115-S18

December 14, 2018

The Corps has not verified the adequacy of the applicant's avoidance and minimization statement at this time. Compensatory Mitigation: The applicant has stated the following concerning compensatory mitigation for unavoidable impacts to Waters of the United States: beach nourishment effectively prevents the losses to the shoreline sand transport system that would occur if the dredged material were disposed of in upland. The Corps has not verified the adequacy of this mitigation proposal at this time.

Other Authorizations: A permit is required from the Michigan Department of Environmental Quality under applicable provisions of the Natural Resources and Environmental Protection Act (NREPA), 1994 PA 451.) The State file number is 74-Black River Canal-Port Huron Comments: We are publishing this notice in compliance with Title 33 Code of Federal Regulations Parts 320-332. Comments on the project should be submitted in writing and postmarked or delivered by the expiration date of this public notice. Comments of a positive or negative nature may be submitted. All responses must refer to file number LRE-1976-160115-S18. We will interpret a lack of response as meaning that there is no objection to the permit application. Comments should be filed with: Eric J. Warda Chief, Permit Evaluation Eastern Branch Regulatory Office Corps of Engineers, Detroit District 477 Michigan Avenue Detroit, Michigan 48226-2550 Comments may be e-mailed to: Patrick.S.O'Connor@usace.army.mil , but must include a name and mailing address. 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 hearings shall state, with particularity, the reasons for holding a public hearing. Evaluation: The decision whether to issue the Department of the Army permit will be based on evaluation of the probable impacts of the proposed activity on the public interest. That decision will reflect the national concerns for both protection and 2

File No. LRE-1976-160115-S18

December 14, 2018

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 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. This activity involves the discharge of dredged or fill material into waters of the United States. Therefore, the U.S. Army Corps of Engineers' evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator of the Federal Environmental Protection Agency, under the authority of Section 404(b)(1) of the Clean Water Act. Endangered Species: We will review this application for the potential impact on threatened or endangered species pursuant to Section 7 of the Endangered Species Act as amended. We are not aware of the presence of any listed species or critical habitat at or in the vicinity of the proposed worksite. We invite information and/or comments regarding the potential presence of, or impacts to, any listed species or critical habitat. Cultural Resources: The District Staff has reviewed existing information on historic properties potentially affected by the proposed project, including the National Register of Historic Places. There are no recorded historic properties within the permit area. The permit area has been so extensively modified by modern development that little likelihood exists for the proposed project to impinge upon an undisturbed historic property.

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File No. LRE-1976-160115-S18

December 14, 2018

The District Engineer invites responses to this public notice from federal, state and local agencies, historical and archaeological societies, Indian tribes, and other parties likely to have knowledge of or concerns with historic properties in the area. Additional Information: This public notice and drawings are also available for viewing/printing at: http://www.lre.usace.army.mil/Missions/RegulatoryProgramandPermits/PublicNotices.as px. Questions concerning this application may be directed to Patrick Oconnor at the Corps of Engineers address listed above, or telephone number (313) 226-1328. FOR THE DISTRICT ENGINEER:

Eric J. Warda Chief, Permit Evaluation Eastern Branch Regulatory Office

NOTICE TO POSTMASTERS: We request that the above notice be conspicuously and continuously posted for the time period of this notice.

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Request to add Disposal Area 2 for Dredged Material in Lake Huron

Proposed

Authorized

LRE-1976-160115-S18 (74-Black River CanalPort Huron) Add 2nd Dredged Material Disposal Area in Lake Huron Port Huron, St. Clair County, Michigan SHEET 2 OF 2

Application to add Second Disposal Area for Dredged Material

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