Public Notice Public Notice No: CENAP-PL-E-99-02 Date: March 8, 1999 In Reply Refer To: Environmental Resources Branch

Pursuant to Section 102 of the National Environmental Policy Act, Section 10 of the Rivers and Harbors Act, and Section 404 of the Clean Water Act, NOTICE IS HEREBY GIVEN THAT, the Philadelphia District, U.S. Army Corps of Engineers has completed a Draft Environmental Assessment (EA)on a proposal to restore a portion of historic Fort Delaware State Park that has been impacted by erosion, and to prevent further erosion to this area on Pea Patch Island, New Castle County, Delaware. Maps (Figures 1 - 5) of the project are enclosed. This project is being done under the authority of Section 110 of the National Historic Preservation Act (53 FR 4727-46).

The proposed action is to protect and restore the eroding southeast bank of Pea Patch Island (approximately 1000 feet of shoreline) and involves stone rubble breakwater construction, swale pond excavation, mudflat filling, drainage ditch reconstruction and masonry wall reconstruction. The new stone rubble breakwater will exhibit an exterior appearance similar to the original breakwater and will be constructed along the line of the original breakwater. The new breakwater will be approximately 1050 feet long, 40 feet wide, and 12 feet high, and consist of approximately 10,074 cubic yards of rip-rap. The breakwater will be allowed to settle for a period of one to two years.

After the breakwater has fully settled, the Corps intends to fill the mudflat area behind the breakwater up to the elevation of the adjacent land surface. The area behind the breakwater will be filled with approximately 20,000 cubic yards of clean earthen material. It is anticipated that the source of the fill material will be from an intertidal swale/pond that will be recreated north of Fort Delaware. The swale/pond will be approximately 1441 feet long by 80 feet wide and 10 feet deep with side slopes of 3 to 1. The swale/pond will provide 1.10 acres of subtidal area and 0.44 acres of intertidal area, for a total of 1.54 acres.

Following the placement of fill, two historical features related to the military occupation of Fort Delaware will be reconstructed. These features include a drainage ditch and a three to four foot high coursed stone parapet wall that was once located on the interior of the breakwater. The drainage ditch will be about 0.33 acres of intertidal area.

In accordance with the National Environmental Policy Act of 1969, a draft Environmental Assessment has been developed for this project and is being circulated to the appropriate State and Federal agencies; Local, State, and Federal officials; and private organizations. Impacts to Water Quality have been evaluated in accordance with the Section 404(b)(1) guidelines of the Clean Water Act, and are not adverse.

In accordance with Section 401 of the Clean Water Act, Water Quality Certification is being requested from the Delaware Department of Natural Resources and Environmental Control (DNREC).

In accordance with Section 307 (c) of the Coastal Zone Management Act of 1972, an activity affecting land or water uses in a State's coastal zone must comply with the State's Coastal Zone Management Program. A certification of compliance is being requested from the Delaware Department of Natural Resources and Environmental Control.

It has been determined that the proposed work would not affect listed species or their critical habitat pursuant to Section 7 of the Endangered Species Act as amended. Updated consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service would occur prior to project implementation to insure compliance with Section 7 of the Endangered Species Act.

It has been determined that significant historic archeological material associated with the 19^th century military occupation of Fort Delaware will be adversely affected by proposed construction. However, it is the Corps' opinion that measures can be taken to ensure that these significant cultural resources will not be impacted. Consultation with the Delaware Historic Preservation Office pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended, is continuing and will be concluded prior to any construction activity.

All practicable means to avoid or minimize adverse environmental effects have been incorporated into the recommended plan.

The public and all agencies are invited to comment on this proposal. Copies of the Draft Environmental Assessment are available upon request by calling (215) 656-6555.

More detailed information on this work is also available for public review at the Philadelphia District Office.

Any person may request, in writing, to the District Engineer, within the comment period specified in this notice (March 8,1999 – April 8,1999), that a public hearing be held to consider this proposal. Requests for a public hearing shall state, in detail, the reasons for holding a public hearing.

All comments on the work described in this Public Notice or to the report titled: Draft Environmental Assessment, Fort Delaware State Park Erosion Control Project, Pea Patch Island Off of Delaware City, New Castle County, Delaware should be directed to Mr. Robert L. Callegari, ATTN: Environmental Resources Branch, U.S. Army Corps of Engineers, Wanamaker Building, 100 Penn Square East, Philadelphia, Pennsylvania 19107-3390 by April 8, 1999.

SIGNED:
Robert L. Callegari
Chief, Planning Division