DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, MOBILE DISTRICT P.O. BOX 2288 MOBILE, AL

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1 DEPARTMENT OF THE ARMY CORPS OF ENGNEERS, MOBLE DSTRCT P.O. BOX 2288 MOBLE, AL CESAM-RD-A October 31, 2018 PUBLC NOTCE NO: SAM APS JONT PUBLC NOTCE U.S. ARMY CORPS OF ENGNEERS AND STATE OF ALABAMA DEPARTMENT OF ENVRONMENTAL MANAGEMENT MANTENANCE DREDGNG FOR NAVGATON AND PLACEMENT OF FLL MATERAL ON THE WATERBOTTOMS OF EAST MOBLE BAY N CONJUNCTON WTH SHORELNE RENOURSHMENT TO WHOM T MAY CONCERN: This District has received an application for a Department of the Army permit pursuant to Section 10 of the River and Harbor Act of 1899 (33 USC 403), and Section 404 of the Clean Water Act (33 USC 1344). Please communicate this information to interested parties. APPLCANT: Fairhope Yacht Club Attention: Mr. Ellis Ollinger Post Office Box 1327 Fairhope, Alabama AGENT: EcoSolutions, ncorporated Attention: Mr. Tom Hutchings Post Office Box 361 Montrose, Alabama LOCATON OF WORK: The proposed project is located in the waters of East Mobile Bay near the mouth of Fly Creek, 101 Volanta Avenue, Sections 8 and 37, Township 6 South, Range 2 East, Latitude North, Longitude West, Fairhope, Baldwin County, Alabama. PROJECT PURPOSE: This project has a dual overall purpose, which is to dredge a previously dredged channel from the mouth of Fly Creek into East Mobile Bay to allow continued navigational access to Fly Creek; and utilizing the dredged sand material to renourish, protect, and stabilize nearby shoreline areas. PROPOSED WORK: Maintenance Dredging: The applicant proposes to dredge 31,380 cubic yards of sand and silt from a 176,000-square-foot (4.04-acre) area utilizing hydraulic dredging methods to achieve a depth 9 feet below mean high water (MHW) [8 feet below mean low water (MLW)]. An 80-foot-wide by 800-foot-long channel segment (Stations 0+00 to 8+00) and a 160-foot-wide by 700-foot-long channel segment (Stations 8+00 to 15+00) are proposed to be dredged from the mouth of Fly Creek in a westerly direction into Mobile Bay. The 160-foot-wide

2 CESAM-RD-A October 31, 2018 Public Notice No. SAM APS Page 2 of 6 channel would initiate at the mouth of Fly Creek and continue along a trajectory to the west. The 80-foot-wide channel would initiate 700 feet west of the mouth of Fly Creek at the western terminus of the 160-foot-wide portion of the channel and continue along the west trajectory. The total length of the channel to be dredged would be 1,500 linear feet. The dredged material would eventually be utilized as fill material to renourish shoreline areas adjacent to either side of the channel. The existing channel has historically been included as a part of a federal dredging project for Mobile Bay. South Shoreline Renourishment: A shoreline renourishment area would be located along the existing shoreline south of the southern jetty lining the Fly Creek channel confluence with Mobile Bay. The south shoreline renourishment area is proposed to be 350 feet long and extend 60 to 100 feet waterward of the existing MHW shoreline. This renourishment project would fill a total of 28,400 square feet (0.65 acre) of waterbottom area below the MHW line. A total of 5,051 cubic yards of de-watered dredge material is proposed to be utilized as fill for the southern shoreline renourishment area. North Shoreline Renourishment: A second shoreline renourishment area is proposed along the existing shoreline north of the northern jetty lining the Fly Creek channel confluence with Mobile Bay. The north shoreline renourishment area is proposed to be 1,600 feet long and extend 70 to 80 feet waterward of the existing MHW shoreline. This shoreline renourishment area would cover a total of 96,000 square feet (2.20 acre) of waterbottom area below the MHW line. A total of 26,329 cubic yards of dredge material is proposed to be utilized as fill for the northern shoreline renourishment area. Dewatering Area: Prior to utilization of the dredged material for the southern shoreline renourishment, the dredged material would be placed in a de-watering cell located south of the channel, adjacent to the proposed south shoreline renourishment area. The de-watering cell would be a 255-foot-long by 40-foot-wide (10,200 square feet or 0.23 acre) area aligned parallel to the shoreline in an upland area, 5 feet landward of the existing MHW line along the shore. The material would be contained in this de-watering cell by a 3-foot-high by 10-foot-wide (as measured at the toe) earthen berm. The de-watering cell would be excavated to a depth of 4 feet below the current ground surface elevation to achieve a total depth of 7 feet. Material excavated to achieve the 7-foot depth would be utilized to construct the berm surrounding the de-watering cell. Plastic sheeting would be placed under the de-watering outfall pipe to prevent erosion from dredge material return water. t is anticipated that this de-watering cell would be filled and emptied as needed during dredging operations. The de-watered sand and silt would be mechanically moved from the de-watering cell to the southern shoreline renourishment area. Material for the northern shoreline renourishment area would be hydraulically dredged from the channel and pumped directly onto the existing shoreline area, above the existing MHW line along the shore. n lieu of a containment and de-watering cell, the applicant proposes to implement turbidity curtain containment and provide turbidity

3 CESAM-RD-A October 31, 2018 Public Notice No. SAM APS Page 3 of 6 monitoring of the adjacent waters in order to control potential increases in turbidity during dredging operations. After deposition, the dredged material would be spread mechanically along the north shoreline renourishment area. Jetty Extensions: The applicant proposes to place a total of 131 cubic yards of new riprap rock at the terminal end of the existing riprap jetties. Each jetty extension would be 20 feet long by 20 feet wide, filling approximately acre of waterbottoms. Each extension would project 4 feet above MHW. All work is proposed to be conducted in accordance with the enclosed plans and drawings. AVODANCE AND MNMZATON: There are no sensitive habitats (i.e. wetlands, submerged aquatic vegetation (SAV), or critical habitat) present that would require avoidance; however, the applicant has proposed to only dredge an area large enough to reach navigable depths, renourish the adjacent shorelines, and restore intertidal/littoral habitat. Best Management Practices (BMPs) such as turbidity curtains, sand berms, and silt fencing would be utilized as appropriate to contain dredged material and control any potential increases in turbidity in surrounding waters of Mobile Bay. Turbidity would also be monitored throughout the dredging and shoreline renourishment process. Turbidity generated by the activities is not anticipated by the applicant to cause substantial visible contrast or result in an increase of more than 50 Nephelometric Turbidity Units (NTU) above background in surface waters more than 100 feet from the activity. f turbidity generated from the project exceeds acceptable levels, the applicant has planned to cease operations until turbidity is restored to acceptable levels and notify the USACE, Mobile District Regulatory Division Office as soon as possible. During de-watering, the dredged material for a portion of the project would be contained with earthen berms and plastic sheeting would be placed under the outfall pipe to prevent erosion from return water discharges. The USACE, Mobile District, has not verified the adequacy of the applicant s avoidance and minimization efforts at this time. COASTAL ZONE MANAGEMENT AREA CONSSTENCY: The applicant must apply for a coastal area consistency determination/certification from the State of Alabama in accordance with the State s Coastal Area Management Program, and upon completion of required advertising and public comment review, a consistency determination would be made by the Alabama Department of Environmental Management (ADEM). WATER QUALTY: The applicant must apply for a certification from the State of Alabama in accordance with Section 404(a)(1) of the Clean Water Act. Upon completion of the required advertising and public comment review, a determination relative to water quality certification will be made by the ADEM as it relates to the activities currently proposed.

4 CESAM-RD-A October 31, 2018 Public Notice No. SAM APS Page 4 of 6 HSTORC PROPERTES/CULTURAL RESOURCES: n accordance with Section 106 of the National Historic Preservation Act and Appendix C of 33 CFR 325, the undertaking defined in this notice is being considered for the potential to affect cultural and historic properties within the permit area. Although the extent of federal control and responsibility for these considerations are confined to the limits of the permit area for this particular project, the potential indirect effects that may occur to historic properties as a result of the this undertaking are also being considered. t has preliminarily been determined by USACE, Mobile District, that there is no potential to affect cultural resources or historic properties within the maintenance dredging area and within the de-watering area. However, the USACE, Mobile District has not yet made a determination of potential effects the project might have on cultural or historic resources within shoreline renourishment areas. We are seeking comments from the State Historic Preservation Officer (the Alabama Historical Commission), federally-recognized North American Tribes, local historical societies, museums, universities, the U.S. Department of the nterior, National Park Service, Division of Archeological Services and concerned citizens regarding the existence or the potential for existence of significant cultural and historic properties within those areas. THREATENED AND ENDANGERED SPECES: The following species, listed by the U.S. Fish and Wildlife Service (USFWS) as being either threatened or endangered, are found within Baldwin County, and may be located within the Bon Secour Bay (HUC ) and Fly Creek (HUC ) watersheds, in which the project is located: Florida manatee (Trichechus manatus), wood stork (Mycteria americana), green sea turtle (Chelonia mydas), Kemp s Ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta), Alabama red-bellied turtle (Pseudemys alabamensis), eastern indigo snake (Drymarchon couperi), and gulf sturgeon (Acipenser oxyrinchus desotoi). The permit area for this project does not intersect with any designated critical habitat areas for federally-listed species. Preliminary review of this application and the U.S. Department of the nterior s List of Endangered and Threatened Wildlife and Plants indicates that the proposed activity would have no effect on the wood stork (Mycteria americana), Alabama red-bellied turtle (Pseudemys alabamensis), or eastern indigo snake (Drymarchon couperi). t has also been preliminarily determined that the activities proposed may affect, but are not likely to adversely affect the Florida manatee (Trichechus manatus), green sea turtle (Chelonia mydas), Kemp s Ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta), and gulf sturgeon (Acipenser oxyrinchus desotoi). This determination is being coordinated with the USFWS via this Public Notice. ESSENTAL FSH HABTAT: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The proposal would impact 6.91 acre of water bottoms utilized by various life stages of various marine species. The EFH habitat considered consists of the estuarine water column and substrate. There are no highly productive EFH

5 CESAM-RD-A October 31, 2018 Public Notice No. SAM APS Page 5 of 6 complexes such as SAV, submersed grassbeds, or emergent wetlands within the review area. The initial determination of the USACE is that the proposed action would have no effect on EFH or federally-managed fisheries. 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 and/or U.S. Department of nterior, USFWS. COMPENSATORY MTGATON: No mitigation is proposed for this project. This public notice is being distributed to all known interested persons in order to assist in developing facts on which a decision by the USACE can be based. For accuracy and completeness of the record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding of the reasons for support or opposition. The decision whether to issue a permit will be based on an evaluation of the 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, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and in general, the needs and welfare of the people. The USACE is soliciting comments from the public; federal, state and local agencies and officials; federally-recognized North American 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 USACE 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 mpact 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. 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 of the probable impacts involving deposits of dredged or fill material into waters of the United States will include the application of guidelines established by the Administrator of the U.S. Environmental Protection Agency.

6 CESAM-RD-A October 31, 2018 Public Notice No. SAM APS Page 6 of 6 Correspondence concerning this Public Notice should refer to Public Notice Number SAM APS and should be directed to the District Engineer, U.S. Army Engineer District, Attention: Regulatory Division, Post Office Box 2288, Mobile, Alabama , with a copy to the ADEM, Mobile Branch / Coastal Section, 3664 Dauphin Street, Suite B, Mobile, Alabama All comments should be received no later than 30 days from the date of this Public Notice. f you have any questions concerning this publication, you may contact the project manager, Ms. Amiee P. Smith at (251) or via at Amiee.P.Smith@usace.army.mil. Please refer to the above Public Notice Number. For additional information about our Regulatory Program, please visit our web site at Enclosures MOBLE DSTRCT U.S. Army Corps of Engineers

7 Directions Exit 35 South on Hwy 98 right on Veterans Dr south on Scenic 98 right on Volanta Ave Site is on the right at the end of the road. Site ' / Maa:n»i;" """' ' P.O. Box 361 Montrose, AL Phone: fax: ProjectFairhope Yacht Club Applicara: Fairhope Yacht Club 1 :inch = 0. 5 miles T-6-S, R-2-E, Sect. 17 r ai.rhope, AL i:l.iiles S O.S 1 1.S 2 SAM APS Department of the Army N

8 P.O. Box 361 Montrose, AL Phone: fax: ProjectFairhope Yacht Club Applicara: Fairhope Yacht Club l ln.ch = 100 feet T-6-S, R-2-E, Sect. 17 F ai.rhope, AL Topo: Daphne, AL Feet 0,)() SAM APS Department of the Army N

9 Legend Overall Dredge Area Living Shore Area Spoil Dewatering Area Ea MLWL :=/H: MHWL (Shoreline} > Cf) N ' Ī 0 O'\ '- 6'<1;. ri,lk M.'*t-t $ -\e-- + North Living Shore Area >'ij f) C -... t: J ('1) "" > ::4. 3('1 ) ::... i ('1) > '"3 ' "<,.._ Existing Channel Mobile Bay Dredge Area extenion of riprap i..- South Living Shore Area i.. Note: All dimentions are in feet E9!.\J1i...QJJ. P.O. Box 361 Montrose, AL Phone: Fax: Spoil Dewatering Area Fly Creek Channel 1 inch= 300 feet Fairhope Yacht Cl uh T-6-S, R-2-E, Sect. 17 Dred ge Detail Fairl1ope, AL r ,200 Feet N A

10 South SAM APS / Department of the Army

11 70 Ft from existing shoreline Mobile Bay North Living Shore Area 1600 Linear Feet 20 Ft 20 Ft extension of riprap Fly Creek E - olutions Fnirho!e Yach t Clu b Fairho pe, AL Fairh op e Ya<:'hl Club Living Shore Area No rth T-6-5, R-2-E, Seel. 08 N thliiibilll@iie!lwiiiwtalvatl 1 mch = 200 feet A P.O. Bo x 361 Montrose, AL r-i r-l_j F t Ph one: Fax: ee SAM APS Department of the Army

12 Typical Dewatering Cross-section ri ri CJ 3: 2 3: 0 :r: < r Mean Low Water Line -- Water Bottom Mean High Water Line (Shore Line) Earth Berm FEET FROM MH'w'L Spoil Dewatering Area SOUTH Typical Living Shoreline Cross-section Llvlag Shore Area Water Bottom FEET FROM MHJL. ' High Water Li.ae (Shore Lille) n. o SOUTH Phase 1 Dredge Volume = 5051 Cu Yd Phase 1 Dredge Area = Sq Ft SOUTH Phase 1 Living Shore Total Volume = 5051 Cu Yd Phase 1 LS Volume above MHWL = 1907 Cu Yd Phase 1 LS Volume below MHWL = 3144 Cu Yd SOUTH Phase 1 Living Shore Area = Sq Ft SAM APS Department of the Army Legend Earthen Berm South Living Shore Area D.. FADlBOPE YACHT CLUB PHASE 1 CROSS SECTONS E-W olutions <>i SHEET 2

13 r/) > N 0... ' \ *"' '- r/)..._ t).g ) g ('!> , ;. ('!> Riprap Jetty Cross-section Jetty Extension Riprap) MHWL -M:CW:L Estimated Water Bottom North iving Shore Area 5 Exisyng Grade Estimated Water Bottom Existing Mean High Water Line (Shore Line) i r i Bulkhead Legend North Living Shore Area Riprap D.. NORTH Phase 2 Dredge Volume = Cu Yd NORTH Phase 2 Living Shore Total Volume = Cu Yd NORTH Phase 2 Living Shore Volume below MHWL = Cu Yd NORTH Phase 2 Living Shore Area = Sq Ft Riprap Jetty Extensions Length = 40 linear feet Volume = 131 cu yd FARHOPE YACHT CLUB PHASE 2 CROSS SECTONS E - 1'111.PJl«Q... Yaditc:M>,..,.,..... P.O. llox 361 lotoll1rose. AL (251) 821 SEr 3