PCA 13910 OBJ 4142

JOINT FEDERAL / STATE APPLICATION FOR THE ALTERATION OF ANY TIDAL WETLAND IN MARYLAND

• All applications must be accompanied by plan drawings which show the location and character of the proposed work. For specific information on what is required on the plans, refer to the instruction package. 8-1/2” x 11” black & white drawings are required for every application. Full construction plans are required for projects submitted to the Waterway Permits Division.

• Any application which is not completed in full or is accompanied by poor quality drawings may be returned and will result in a time delay to the applicant.

• If you need help understanding how to fill out the application form, please refer to the instruction booklet. APPLICATION NUMBER: (To be assigned by the agencies) 1. APPLICANT INFORMATION: Name: St. Mary’s River Watershed Association Inc. Telephone: ( 301) 862-3517

Address: PO Box 94_____________ Email Address: BobLewis@StMarysRiver.org

City: St. Mary’s City State: Maryland Zip: 20686 .

2. AGENT / ENGINEER INFORMATION: Name: (not applicable) Telephone: ( )

.

Address: Email Address: .

City: State: Zip: .

3. PRINCIPAL CONTACT, if not the applicant:

Name: Bob Lewis – executive director Telephone: ( 301 ) 862-3517 Email Address: BobLewis@StMarysRiver.org

4. PROJECT DESCRIPTION: For ecological and educational purposes, restore 5.0 acres of historic oyster reef habitat, which is currently 95% unproductive. On the northern 2.8 acres, install a sustainable three dimensional oyster reef system on public river bottom to a height not to exceed one foot below mean lower low water, and on the southern 2.2 acres install a shell pile oyster bar. The entire area is to be planted with native oysters (spat on shell) at a density of four million spat per acre. Timeline: Northern reef area – begin installation in winter 2011-12 and complete the project June 30, 2013; Southern bar area – begin the project summer 2012 and complete the project by summer 2016. The project will be executed mainly from the water by barge and derrick. Loading facilities available are nearby in Carthagena Creek and at the St. Mary’s College of Maryland waterfront. Partners in this project have entered into an agreement (memorandum of understanding), which allows full cooperation and execution. Partners are St. Mary’s River Watershed Association (principal), St. Mary’s College of Maryland, and Rotary Club of Leonardtown. Project implementation oversight provided by Robert W. Paul PhD, and Christopher E. Tanner PhD – both Professors of Biology at St. Mary’s College of Maryland. An SAV survey was performed by Dr. Christopher Tanner on June 22, 2011. Methodology was visual inspection (diving) over the area between MLW to a depth of 3.5 feet MLLW in transverse pathways six feet apart. Additionally, deeper areas were surveyed in transects 50 feet apart. No SAV was found. Additionally, a review of VIMS aerial SAV survey data from 2005 through 2010 indicated that no SAV was present in this area. (Nearest known SAV beds are 0.93 miles due west from the SW corner of the proposed site.) 5. PROJECT PURPOSE: Storm Drain/Stormwater Management

Shore Erosion Control (Secondary) Erosion/Sediment Control Marina Utility Installation Improve Navigable Access Fill Create Waterfowl Habitat Improve Fish Habitat (2ndary) Bridge Temporary Construction Stream Channelization Dam Beach Nourishment Maintenance/Repair Road Residential/Commercial Development Small Pond Culvert Other: Reduction of wave energy (Secondary) Ecological – habitat restoration Educational – model project with multiple techniques Compatible with nearby projects – SAV restoration potential between project site and shoreline, project avoids water depth from

0 to 3 feet MLLW – Living Shoreline potential between project and shoreline, project area begins 35 feet or more offshore.

CERTIFICATION: I hereby designate and authorize the agent named above to act on my behalf in the processing of this application and to furnish any information that is requested. I certify that the information on this form and on the attached plans and specifications is true and accurate to the best of my knowledge and belief. I understand that any of the agencies involved in authorizing the proposed works may request information in addition to that set forth herein as may be deemed appropriate in considering this proposal. I grant permission to the agencies responsible for authorization of this work, or their duly authorized representative, to enter the project site for inspection purposes during working hours. I will abide by the conditions of the permit or license if issued and will not begin work without the appropriate authorization. I also certify that the proposed works are not inconsistent with Maryland's Coastal Zone

Management Plan. (;).f Y APPLICANT MUST SIGN: Pl6 ~

A

Date M·;) ~ ;;2tl/

6. PROJECT LOCATION: This project is in 0"" Tidal oNon-Tidal Waters. (Please Check One)

County: St. Mary's Name of Waterway: St. Mary's River

Site Address or Location: Adjacent to State Route 5 in St. Mary's City. Project area is channelward from mean high tide a minimum of 35 feet and extends from a point 300 feet south of the bridge over Fisherman's Creek and runs southwestward for approximately 1000 feet ending approximately 100 feet northeast of the bridge over the outlet to St. John's Pond.

Directions from nearest intersection of two state roads: 1.8 miles south of the intersection of State Route 5 and State Route 489.

County Book Map (A.D.C.) Coordinates: Map: 25 Letter: B&C Number:

7. TYPE OF PROJECT: Work Proposed Overall Length Average Width Maximum Distance Channelward From Mean High

{in fee t) {in feet) Water For projects in tidal waters {in feet) Oyster reef restoration - Design and build a system of three dimensional structures to support oyster culture and to mimic historic oyster reefs from the materials listed below:

~ 2,100' overall length - 8' ave. width - 4' ave. height - 350' max.. distance channelward from MHW ~ Reef orientation depicted in Figure 6 may be altered slightly to accommodate best-design hydraulic flows and currents ~ 2.8 acres disturbance - 2,500 cu. yards of alternate materials inc. stone, concrete rubble, concrete oyster balls,

gabion rock, clam shell, and oyster shell ~ top dressed with 11.2 million spat-on-shell from local hatcheries ~ place large navigation buoys at two channelward corners to indicate vessel hazard due to shallow water and artificial

structures

Oyster bar restoration - Rebuild an oyster bar in the methodology common in commercial.shell-pile aquaculture ~ 410' ave. length - 230' ave. width - 350' max. distance channelward from MHW ~ 2.2 acres disturbance - 15,000 bu. clam or oyster shell volume offill (3 inch depth) (approx 901 cu. Yards) ~ top dressed with 8.8 million spat-on-shell from local hatcheries and volunteer growers

8. PROPOSED STARTING DATE: Winter 2011-2012 9. CONTRACTOR'S NAME (If Known):

,"

10. LAND USE: Current Use Is: o Agriculture o Wooded o Marsh/Swamp o Meadow o Developed Present Zoning Is: o Residential o Commercial o Agriculture 0"" Other: state waters

11. OTHER PERMITS REQUIRED: o Building Permit o Soil Conservation District 0"" Other: import shell

12. NOTIFICATION OF ADJACENT PROPERTY OWNERS: The applicant/agent will be informed by the permitting agencies when notification of adiacent property owners is required.

10

NAME: St. Mary’s River Watershed Association CONTACT: Bob Lewis TOWN/STATE: St. Mary’s City, Maryland WATER BODY: St. Mary’s River DATE: September 27, 2011

38°11'31.60"N 76°25'47.63"W

38°11'27.55"N 76°25'50.23"W

38°11'26.30"N 76°25'51.48"W

38°11'23.78"N 76°25'55.29"W

38°11'25.25"N 76°25'57.08"W

38°11'32.05"N 76°25'50.31"W

38°11'28.45"N 76°25'53.87"W

= Reef warning marker—buoy or piling

= Corner of proposed area

LOCATION OF PROPOSED SITE

Page 3

College docks 220’

N

NORTH AREA Reef structure area = 2.8 acres

SOUTH AREA Shell bar area = 2.2 acres

Page 4

9

9

4

4

4

5

5

8

9

6

6

6

= Reef warning marker buoy

= Corner of proposed area

8 = Depths indicated in feet below MLLW SCALE: 1 inch = 100 feet

3

3

3

3

LOCATION OF REEF & BAR DEVELOPMENT NAME: St. Mary’s River Watershed Association CONTACT: Bob Lewis TOWN/STATE: St. Mary’s City, Maryland WATER BODY: St. Mary’s River DATE: September 27, 2011

3

8

MLLW

MHW

Opposite shoreline 0.51 miles (Pagan Point )

Opposite shoreline 0.82 miles

Prevailing winds: Summer—south and southwest Winter—southwest to northwest Prevailing current: Flood tide—flows southwest Ebb tide—stops or flows slightly southwest After heavy rainfall—flows southwest

Alternate material structures

= Direction of current

8

5

Adj

acen

t pro

perty

ow

ned

by S

t. M

ary’

s Col

lege

Adjacen

t prop

erty o

wned by

St. Mary

’s Coll

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8

Nearest SAV over past five years

North of Horseshoe Point ~0.93 miles

CROSS SECTION—NORTH AREA REEF NAME: St. Mary’s River Watershed Association CONTACT: Bob Lewis TOWN/STATE: St. Mary’s City, Maryland WATER BODY: St. Mary’s River DATE: September 27, 2011

38°11'31.60"N 76°25'47.63"W

38°11'32.05"N 76°25'50.31"W

MWH = Mean High Water MLLW = Mean Lower Low Water

= Reef warning marker buoy

= Corner of area

1.0’ minimum water depth

9.5’ w

ater

dep

th a

t MLL

W 

11.3’ w

ater

dep

th a

t MH

W

1.8’ diurnal tidal range

3.0’ w

ater

dep

th

at M

LLW

4.8’ w

ater

dep

th a

t MH

W

Core— clam shells, oyster shells, concrete rubble, cement block, stone, and gabion rock

Veneer—spat on shell

Veneer

Veneer—

spat on sh

ell Core

Bottom—course sand and small gravel

Linear reef structures: - vary in height from 2.0’ to 8.5’ - never exceed a height of 1.0’ below MLLW - vary in length from 15.0’ to 175.0’ - vary in width dependent on height—approx. 2-1 ratio (width -height) - angle of repose from 25 to 40 degrees

Page 5

Angle of repose not to exceed 40°

CROSS SECTION—SOUTH AREA BAR NAME: St. Mary’s River Watershed Association CONTACT: Bob Lewis TOWN/STATE: St. Mary’s City, Maryland WATER BODY: St. Mary’s River DATE: September 27, 2011

38°11'23.78"N 76°25'55.29"W

38°11'25.25"N 76°25'57.08"W

MWH = Mean High Water MLLW = Mean Lower Low Water

= Corner of area

8.5’ minimum water depth

9.0’ w

ater

dep

th a

t MLL

W 

10.8’ w

ater

dep

th a

t MH

W

1.8’ diurnal tidal range

3.0’ w

ater

dep

th

at M

LLW

4.8’ w

ater

dep

th a

t MH

W

Bottom—course sand and small gravel

2.5’ minimum water

Page 6

Target depth of shell added to bottom is 3 inches. Maximum depth of shell added to bottom is 6 inches in any one location. Shell type will be either oyster or clam, or a combination of both. Permits for importation are required.

IMPORTANT: PLEASE MAIL FIVE COPIES OF THE APPLICATION, SITE PLAN, AND VICINITY MAP (WITH PROJECT LOCATION PINPOINTED) TO: MDE, WATER MANAGEMENT ADMINISTRATION REGULATORY SERVICES COORDINATION OFFICE MONTGOMERY PARK BUSINESS CENTER – ST 430 1800 WASHINGTON BOULEVARD BALTIMORE, MD 21230-1708 (410) 537-3762 OR 1-800-876-0200

SEND AN APPLICATION FEE OF $750 ALONG WITH A COPY OF THE FIRST PAGE OF THE APPLICATION TO: MDE P.O. BOX 2057, BALTIMORE, MD 21203-2057. PLEASE REFER TO OUR WEBSITE http://www.mde.state.md.us/wetlands FOR FURTHER INSTRUCTIONS.

NOTICE TO TIDAL WETLAND APPLICANTS

Certain projects involving tidal wetlands licenses and permits require that a description of the proposed project be published in a local newspaper. This advertisement is necessary to fulfill legal public notice requirements. Projects that require public notice include but are not limited to the following:

• Bulkheads greater than 300 feet long and 10 feet channelward of the mean high water line.

• Stone revetments greater than 500 feet long and 10 feet channelward of the mean high water line.

• Marsh creation projects greater than 500 feet long and 35 feet channelward of the mean high water line.

• Dredging projects that have a surface area greater than 1,500 square feet or result in the removal of more than 100 cubic yards of material.

• Jetties, breakwaters, and groins.

• All marina creation and expansion projects.

The Water Management Administration will advertise the project for you. However, as the applicant for the project you are responsible for paying the publishing costs. The publishers will bill you directly. In order for this process of public notice to occur , your approval is necessary prior to publishing. Please complete the form on the back of this page and return it to the Water Management Administration with your application so that your proposed project may be advertised without delay Please make sure to sign the form. Processing of your application cannot continue until a signed form is received.

Please call the Tidal Wetlands Division at (410) 537-3837 if you have any questions. Thank you for

assistance in this matter.

Department of the Environment Water Management Administration

Tidal Wetlands Division 1800 Washington Boulevard Baltimore, Maryland 21230

(410) 537-3837

“A Commitment to Excellence in Managing Maryland’s Water Resources”

PUBLIC NOTICE BILLING APPROVAL FORM

I agree to pay all expenses associated with the publishing of a public notice for the wetland application of St. Mary’s River Watershed Association Inc. which is dated September 27, 2011.

Applicant/Agent Signature Bob Lewis, executive director

Printed Name of Signee Billing Address: St. Mary’s River Watershed Association Inc. PO Box 94 St. Mary’s City, MD 20686 Telephone No.: 301-862-3517 Please provide the names and mailing addresses of the adjacent property owners (1): St. Mary’s College of Maryland Attention: Charles C. Jackson Office of Planning & Design 18952 E Fisher Rd St. Mary’s City, MD 20686

Contiguous Property Owner and Appropriate Local Official Notification

Certification Form

□ I have notified and provided plans of my proposal to perform work in tidal wetlands to all property owners contiguous to my property located at the address listed below.

□ In Person

□ By Certified Mail

□ I have notified and provided plans of my proposal to perform work in tidal wetlands to the Director of Planning in the County in which my project is located:

□ In Person

□ By Certified Mail

Project Site Address

State of Maryland

(Name of Property Owner) St. Mary’s River (nearest intersection Rte. 5 and Campus Drive)

(Project Site Street Address) St. Mary’s City, MD 20686

(City, State, Zip Code) Please list below all of the contiguous property owners notified. Attach additional pages if necessary. Name Address St. Mary’s College of Maryland 18952 E Fisher Rd Attention: Charles C. Jackson St. Mary’s City, MD 20686 Office of Planning & Design

_________________________________________ (Signature)

Bob Lewis, executive director (Printed Name)

September 27, 2011

St. Mary’s College of Maryland Attention: Charles C. Jackson Office of Planning & Design 18952 E Fisher Rd St. Mary’s City, MD 20686 Dear Mr. Jackson,

We are submitting an application to the Maryland Department of the Environment to obtain authorization to

perform work in tidal wetlands on state property located in the tidal water of St. Mary’s River—the area is adjacent to St. Mary’s College of Maryland. We propose to perform the following work: Oyster reef restoration – Design and build a system of three dimensional structures to support oyster culture and to mimic historic oyster reefs from the materials listed below:

2,100’ overall length - 8’ ave. width - 4’ ave. height – 350’ max.. distance channelward from MHW Reef orientation depicted in Figure 6 may be altered slightly to accommodate best-design hydraulic flows and currents 2.8 acres disturbance – 2,500 cu. yards of alternate materials inc. stone, concrete rubble, concrete oyster balls,

gabion rock, clam shell, and oyster shell top dressed with 11.2 million spat-on-shell from local hatcheries place large navigation buoys at two channelward corners to indicate vessel hazard due to shallow water and artificial

structures Oyster bar restoration – Rebuild an oyster bar in the methodology common in commercial shell-pile aquaculture

410’ ave. length - 230’ ave. width – 350’ max. distance channelward from MHW 2.2 acres disturbance – 15,000 bu. clam or oyster shell volume of fill (3 inch depth) (approx 901 cu. Yards) top dressed with 8.8 million spat-on-shell from local hatcheries and volunteer growers

Please review the attached plan and call me if you have any questions. If you would like to provide comments to the

Maryland Department of the Environment, please send a letter to them at the following address within 14 days of receipt of this letter.

Maryland Department of the Environment Tidal Wetlands Division 1800 Washington Blvd Baltimore, MD 21230 410-537-3837

Respectfully, Bob Lewis Executive Director

September 27, 2011 Department of Land Use and Growth Management (Planning) PO Box 653 Leonardtown, MD 20650 Dear Planning Director:

We are submitting an application to the Maryland Department of the Environment to obtain authorization to perform work in tidal wetlands on state property located in the tidal water of St. Mary’s River—the area is adjacent to St. Mary’s College of Maryland. We propose to perform the following work:

Oyster reef restoration – Design and build a system of three dimensional structures to support oyster culture and to mimic historic oyster reefs from the materials listed below:

2,100’ overall length - 8’ ave. width - 4’ ave. height – 350’ max.. distance channelward from MHW Reef orientation depicted in Figure 6 may be altered slightly to accommodate best-design hydraulic flows and currents 2.8 acres disturbance – 2,500 cu. yards of alternate materials inc. stone, concrete rubble, concrete oyster balls,

gabion rock, clam shell, and oyster shell top dressed with 11.2 million spat-on-shell from local hatcheries place large navigation buoys at two channelward corners to indicate vessel hazard due to shallow water and artificial

structures Oyster bar restoration – Rebuild an oyster bar in the methodology common in commercial shell-pile aquaculture

410’ ave. length - 230’ ave. width – 350’ max. distance channelward from MHW 2.2 acres disturbance – 15,000 bu. clam or oyster shell volume of fill (3 inch depth) (approx 901 cu. Yards) top dressed with 8.8 million spat-on-shell from local hatcheries and volunteer growers

Please review the attached plan and call me if you have any questions. If you would like to provide comments to the Maryland Department of the Environment, please send a letter to them at the following address within 14 days of receipt of this letter.

Maryland Department of the Environment Tidal Wetlands Division 1800 Washington Blvd Baltimore, MD 21230 410-537-3837

Respectfully, Bob Lewis Executive Director

From: Miller, Henry M [hmmiller@smcm.edu] Sent: Wednesday, June 01, 2011 4:46 PM To: BobLewis@stmarysriver.org Subject: RE: maps attached - both identical Bob: Thank you for thinking about the archaeology. The area you define is not known to contain any significant archaeological resources. There was a 17th-century landing adjacent to the Fisher Road entrance and Fisher Road itself led to the landing of the John Hick's second plantation, built ca. 1745. There could be materials from either of these landings in the vicinity. However, construction, grading and filling for Route 5 and the establishment of the shoreline stabilization riprap in that area would have covered any near shore materials from these landings. While there could be artifacts buried in the offshore sediment, placing down separation cloth and laying reef building materials on top would cause no damage I can foresee. Getting oysters there will be outstanding and I thank you for working on such a worthy project. Henry Henry M. Miller Ph.D. RPA Director of Research and Maryland Heritage Scholar Historic St. Mary's City St. Mary's City, Maryland 20686 hmmiller@smcm.edu 240-895-4976 ________________________________________

18952 E. Fisher Road, St. Mary’s City, Maryland, 20686 Tel 240-895-4362 · www.smcm.edu · Fax 240-895-4996

Department of Biology

September 16, 2011

Bob Lewis

Executive Director

St. Mary's River Watershed Association

PO Box 94

St. Mary's City, MD 20686

Dear Bob,

I am a marine botanist with current research interests in the ecology and restoration of

submerged aquatic vegetation (SAV) in the Chesapeake Bay. I’m a member of the Chesapeake

Bay Program SAV Workgroup and have conducted SAV field surveys in the St. Mary’s River

for over a decade.

I surveyed the proposed oyster restoration site in the St. Mary’s River on June 22, 2011, looking

for evidence of submerged aquatic vegetation. I surveyed using a rake and by snorkeling from

MLW to a depth of approximately 3.5 feet MLLW (deeper in areas) along transects both parallel

and perpendicular to the shore. There was no SAV within, inshore and along the sides of the

proposed restoration area. In addition, aerial surveys conducted by the Virginia Institute of

Marine Sciences (http://web.vims.edu/bio/sav/) have show that SAV has been absent from this

area of shoreline in the St. Mary’s River in the last 5 years.

Christopher E. Tanner

Professor of Biology

240-895-4374

cetanner@smcm.edu

THE PUBLIC HONORS COLLEGE

Wetlands and Waterways Program: Checklist for Floodplain, Waterway, Tidal or Nontidal Wetland Applications

/:rocessing Fee Enclosed

Exempt from Processing Fee

o Applicant's name, mailing address, telephone number, email address and'-=:,.......---- ­

Wetland, Waterway/Stream, Buffer, Floodplain Description

r:i" ~ -\-~ rh- J tv -e.v- - IT"'--(- e- vJ /'- .e-v-..5 L.::::J Itemized calculation of all permanent and temporary wetland, stream, buffer, floodplain impacts

~ A delineation report of the area of all wetlands and buffers on the site and associated wetland data sheets. The report map should include the location of all streams, 100-year floodplains?, open water and other surface waters on the site the limits of Chesapeake Bay Resource Protection Areas (RPAs), Wetland types should be noted according to their Cowardin (USFWS-National Wetlands Inventory) classification or similar terminology.

Description of How Impacts were Avoided or Reduced

Mitigation Proposal, if applicable

Plans

0'-A detailed vicinity map of the project area, including the project houndary_ The map should identify the project site, property boundaries, and adjacent property owners

Plans showing distance of all proposed structures to all contiguous property lines and any appropriate County or State property line building restriction setbacks, right-of-ways and/or easements

A plan view depicting existing and proposed conditions and structures. All plan view sketches should include, but are not limited to: north arrow; existing and proposed contours and/or grades; limit of surface water areas; ebb and flow direction of all water bodies (e.g., streams, tidal waters); applicant name and address; all horizontal dimensions of all proposed structures and impacts, existing conditions of the project site which includes all existing structures at or near the project site including neighbors; existing areas of wetland vegetation or mapped wetlands and buffers; the project boundary and a boundary demarcating the limits of disturbance. A section view showing existing and proposed conditions and structures.

A description of construction access and methodology and a proposed construction schedule, with an estimated completion date

Description of stabilization for temporary impacts

ALL Tidal Projects

[Z( Plans on 8.5" x 11" paper; Plans are to be legible and not cluttered; usable written scale no smaller than 1" = 100', Dimensions of proposed structures must be represented.

o Plan views should include Mean High Water Line (MHWL) and Mean Low Water Line (MLWL; referenced to 0.0'). IfMHWL or MLWL are to be altered during construction the proposed MHWL and MLWL should also be labeled

Plan views should include water depths marked as either contours or spot depths that extend across the width of the waterway.

Plan view should include the maximum channelward extent beyond mean high water of all proposed structures and impacts o Plan view should include the distance across the waterway, perpendicular to the proposed worksite, to the opposite shoreline and maximum fetch for the project worksite; include multiple bearings and/or summer-winter wind direction ifpossible

~

Dredge material management plan (for dredging projects only) including type of dredging, location of dredged material placement site, handling and transport method for dredge material, the dimensions and detailed design of the proposed dredged material placement site including a plan and cross section drawing of dewatering area (ifproposed), maximum volume of dredged material, and an acceptance letter from the operator of the dredged material placement site.

ALL Non-Tidal Projects: Large-sized impacts map (at a scale no smaller than 1" = 200'); use match lines if the entire site cannot fit on one sheet at this scale