CESAM-RD-A December 4, 2017 PUBLIC NOTICE NO. SAM SBC

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1 DEPARTMENT OF THE ARMY MOBILE DISTRICT, CORPS OF ENGINEERS P.O. BOX 2288 MOBILE, AL PUBLIC NOTICE NO. SAM SBC JOINT PUBLIC NOTICE U.S. ARMY CORPS OF ENGINEERS AND STATE OF ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT REQUEST FOR AUTHORIZATION FOR REPAIR WORK TO STABILIZE AN ERODING SECTION OF RIVER BANK AT A COMMERCIAL FACILITY LOCATED ON CHICKASAW CREEK IN CHICKASAW, MOBILE COUNTY, ALABAMA TO WHOM IT MAY CONCERN: This District has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). Please communicate this information to interested parties. APPLICANT: Buchanan Lumber Company Attention: Mr. Dick Buchanan Post Office Box 2105 Mobile, Alabama AGENT: Cowles, Murphy, Glover, & Associates Attention: Mr. Gary Cowles 457 St. Michael Street Mobile, Alabama WATERWAY/LOCATION: Chickasaw Creek, at 150 Viaduct Road; in Section 26, Township 3 South, Range 1 West; near Latitude North, Longitude West; Chickasaw, Mobile County, Alabama. PROJECT PURPOSE: The Basic Project Purpose is to stabilize a river bank. For the purposes of the Clean Water Act Section 404(b) (1) Guidelines this basic purpose defines the project as a water-dependent activity (an activity requiring access or proximity to or siting within a special aquatic site to fulfill its basic purpose). The Overall Project Purpose for this project is to repair and stabilize an eroded river bank at the applicant s riverfront facility. PROPOSED WORK: The applicant is proposing the following work: a. Removal of approximately 425 cubic yards of bank material from a 1,360- square-foot area, which includes a failed concrete slab wharf structure and underlying soil. Approximately 295 cubic yards of this material will be dredged

2 Public Notice No. SAM SBC Page 2 of 5 from below the plane of mean high water (MHW). All material will be removed by mechanical excavation and placed within a nearby 40-foot square treatment area for dewatering. The treatment area will be protected by a surrounding silt fence, and will feature an outlet pipe to direct return water to Chickasaw Creek. A floating turbidity curtain will be deployed in Chickasaw Creek surrounding the project site, and the return water outlet pipe will be directed to an area of creek behind the curtain. After dewatering, all material will be removed from the site and placed in an approved landfill. b. Approximately 585 tons (390 cubic yards) of new Class IV riprap rock will be placed on the excavated bank at a 1.25-foot horizontal to 1.0-foot vertical finished slope. Approximately 485 tons (323 cubic yards) of the riprap rock will be placed below the plane of MHW. The fill area will encompass 70 feet of the west bank of Chickasaw Creek and will extend approximately 40 feet, to within 15 feet of the federal navigation channel. A layer of geotextile material will underlay all riprap rock fill on the bank. ALTERNATIVES ANALYSIS / AVOIDANCE AND MINIMIZATION: The applicant considered two alternatives to their preferred plan. One alternative would construct the new slope at a steeper (1:1) slope. This alternative would require more material to be excavated, but would require less riprap rock fill, and would provide approximately 8.5 feet more space between the completed project and the toe of the federal navigation channel. The applicant has indicated that this alternative was not preferred because the steeper slope would increase the chance of bank failure in the future. A no action alternative was also considered by the applicant. This alternative was not preferred because the failed bank would continue to erode and eroded material would increasingly encroach on the federal navigation channel. In addition, the eroding bank area would be detrimental to two nearby Alabama Power main transmission line towers. The applicant has stated that the following action would be undertaken to avoid and minimize impacts to waters of the United States: The applicant would install a floating turbidity curtain encompassing all project activities in Chickasaw Creek prior to beginning work. The USACE, Mobile District has not verified the adequacy of the applicant s alternatives analysis or avoidance and minimization efforts at this time. MITIGATION: No mitigation has been proposed, nor is any mitigation required for this project. COASTAL ZONE MANAGEMENT AREA CONSISTENCY: The applicant has applied for a consistency determination/certification from the State of Alabama in accordance with the State s Coastal Area Management Program, and upon completion of the

3 Public Notice No. SAM SBC Page 3 of 5 required advertising by the State, a determination relative to consistency will be made by the Alabama Department of Environmental Management. WATER QUALITY: The applicant has applied 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 by the State, a determination relative to certification will be made by the Alabama Department of Environmental Management. HISTORIC PROPERTIES / CULTURAL RESOURCES: In 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. In accordance with Section 106 of the National Historic Preservation Act and Appendix C of 33 CFR Part 325, the USACE, Mobile District has determined that the permit area of this project consists of the footprint of the excavated and dredged areas, the upland treatment area located on an adjacent concrete slab at the facility, the material disposal area located at a nearby landfill, the directly adjacent waters of the United States, and all directly associated staging and work areas. The National Register of Historic Places has been consulted for properties listed in or eligible for the National Register of Historic Places, which are known to exist and would be affected by the proposed work. 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 located outside of the permit area as a result of the this undertaking may also be considered. In addition to comments from the State Historic Preservation Officer (the Alabama Historical Commission), we are seeking comments from federallyrecognized American Indian tribes, local historical societies, museums, universities, the U.S. Department of the Interior, 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 the permit area. An initial review of the permit areas by the USACE, Mobile District indicates that, because of past disturbance from industrial activities within the permit areas, this project would have no potential to affect any cultural resources listed on, or eligible for listing on the National Register of Historic Places. ESSENTIAL FISH HABITAT: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The project area includes an area of water column utilized by various life stages of various riverine species, and the proposal would potentially impact habitat surrounding the approximately 0.05 acre of riverine project area. Our initial determination is that the proposed action would not adversely affect EFH or federally managed fisheries. Our final determination relative to project impacts and the need for mitigative measures is subject to review by and coordination with the National Marine Fisheries Service.

4 Public Notice No. SAM SBC Page 4 of 5 THREATENED AND ENDANGERED SPECIES: Preliminary review of this application and the U.S. Department of the Interior List of Endangered and Threatened Wildlife and Plants indicate that the proposed activity would have no effect on the following listed endangered or threatened species that have the potential to exist in the area in which the project is located: Florida manatee (Trichechus manatus) (E), Wood stork (Mycteria americana) (T), Alabama red-belly turtle (Pseudemys alabamensis) (E), Black Pine Snake (Pituophis melanoleucus) (T), eastern indigo snake (Drymarchon corais couperi) (T), and Gulf Sturgeon (Acipenser oxyrinchus desotoi) (T). The action area defined for this project contains upland and riverine areas that feature ongoing industrial and commercial activities, and excavation and filling of previously unimpacted riverine waterbottom would be limited to approximately 0.02 acre. There is no designated critical habitat within the action area of the project. This determination is being coordinated with the U.S. Fish and Wildlife Service (USFWS) via this Public Notice, and further coordination with the USFWS will be performed as determined to be appropriate. COMMENTS: 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, Mobile District can be based. The USACE, Mobile District is soliciting comments from the public; from federal, state, and local agencies and officials; from Indian Tribes; and from other interested parties in order to consider and evaluate the impacts of this proposed activity. 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. Any comments received will be considered by the USACE, Mobile District 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. 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. 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.

5 Public Notice No. SAM SBC Page 5 of 5 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. Evaluation of the probable impacts involving deposits of dredged or fill material into waters of the United States will also include the application of guidelines established by the Administrator of the U.S. Environmental Protection Agency. Correspondence concerning this Public Notice should refer to Public Notice Number SAM SBC and should be directed to the District Engineer, U.S. Army Engineer District, Mobile, Attention: Regulatory Division, Post Office Box 2288, Mobile, Alabama ; with a copy to the Alabama Department of Environmental Management, 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. If you have any questions concerning this publication, you may contact the project manager, Mr. S. Brad Crosson at (251) or via at steven.b.crosson@usace.army.mil. Please refer to the above Public Notice Number SAM SBC. For additional information about our Regulatory Program, please visit our web site at Encls MOBILE DISTRICT U.S. Army Corps of Engineers

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