PUBLIC NOTICE

Applicant: NJDOT-OMR 30-Day Public Notice Published: February 2, 2026 Expires: March 4, 2026

TO WHOM IT MAY CONCERN: The Philadelphia District of the U.S. Army Corps of Engineers (Corps) 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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

APPLICANT: New Jersey Department of Transportation

Office of Maritime Resources

Attn: Ms. Genevieve Clifton

P.O. Box 600

1035 Parkway Avenue

Trenton, New Jersey 08625-0600

AGENT: WSP, USA

Attn: Ms. Katie Axt

250 W 34th Street, 4 FL

 New York, New York 10119

WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States sited at the following channels within the tidal Barnegat Bay in the Townships of Stafford, Egg Harbor, Long Beach, Eagleswood, and Barnegat; all in Ocean County, New Jersey: Margos State Navigation Channel #143, Beach Haven West State Navigation Channel #144, Mill Creek State Navigation Channel #145, and Little Egg State Navigation Channel #157.

EXISTING CONDITIONS: The permit applicant, the New Jersey Department of Transportation – Office of Maritime Resources (NJDOT-OMR), has requested Department of the Army (DA) authorization to perform ten (10)-year maintenance dredging of Ship Bottom State Navigation Channel Complex: Margos State Navigation Channel #143, Beach Haven West State Navigation Channel #144, Mill Creek State Navigation Channel #145, and Little Egg State Navigation Channel #157. Navigability of these waterways has become impaired by sediment accumulation, resulting in shoaling conditions which have impacted vessels’ ability to safely transit within southern Barnegat Bay. A review of available records indicates that the State navigation channels proposed for maintenance dredging have been historically dredge-maintained. The applicant seeks a ten-year maintenance dredging permit to be able to continue to maintain sufficient water depths within the State navigation channel complex. The subject maintenance dredging project is intended to restore the Ship Bottom State Navigation Channel Complex to authorized project dimensions. No lateral expansion or deepening is proposed.

PROJECT PURPOSE: The stated purpose of this project is to maintain safe navigational depths for transiting emergency, commercial, and recreational vessels.

PROPOSED WORK: The proposed ten-year maintenance dredging work would be accomplished via hydraulic cutterhead dredge or mechanical dredge. All resultant dredged material, estimated to total 166,100-cubic yards of 50% sand and 50% silt and clay, would be transported via floating and submerged pipeline and hydraulically pumped, or mechanically dredged and placed, into a subaqueous former sand borrow pit known as Dredged Hole #61 (DH#61), located in Barnegat Bay in Long Beach, Ocean County, New Jersey, for aquatic habitat restoration.

Mechanical and hydraulic discharge of approximately 352,300-cubic yards of dredged material from Department of the Army-permitted maintenance dredging projects, to include the subject Ship Bottom State Navigation Channel Complex, into DH#61 is proposed to be undertaken to restore the 26.27-acre subaqueous former sand borrow pit to natural topography by achieving a sea bottom restoration elevation of -7.0 feet Mean Low Water (MLW). A permit application for the proposed restoration of DH#61 by NJDOT-OMR is currently being reviewed by this office under a Nationwide General Permit #27 Aquatic Habitat Restoration, Enhancement, and Establishment Activities (permit application number NAP-2025-00404-95).

Each maintenance dredging event is anticipated to be approximately nine (9) to twelve (12) weeks in duration, including mobilization/demobilization, dredging, and dredged material disposal activities. Two (2) or three (3) maintenance dredging events are anticipated to be conducted over the next ten (10)-years, with the initial dredging event proposed to be undertaken in Fall 2026. 

For navigational safety, the hydraulic dredge pipeline will be marked in accordance with U.S. Coast Guard regulations.

Margos State Navigation Channel #143 (39.663720, -74.204316)

Maintenance dredging of 15,850.0-cubic yards of shoaled sediments from a 9.55-acre channel template to -5.0-feet below the plane of MLW, plus 1.0-foot of allowable overdredge and 3:1 side slopes is proposed.

Beach Haven West State Navigation Channel #144 (39.657639, -74.208689) 

Maintenance dredging of 19,620.0-cubic yards of shoaled sediments from a 6.59-acre channel template to -5.0-feet below the plane of MLW, plus 1.0-foot of allowable overdredge and 3:1 side slopes is proposed.

Mill Creek State Navigation Channel #145 (39.647136, -74.217525)

Maintenance dredging of 23,030.0-cubic yards of shoaled sediments from an 11.32- acre channel template to -8.0-feet below the plane of MLW, plus 1.0-foot of allowable overdredge and 3:1 side slopes is proposed.

Little Egg State Navigation Channel #157 (39.560903, -74.253971)

Maintenance dredging of 107,600.0-cubic yards of shoaled sediments from a 97.83- acre channel template to -6.0-feet below the plane of MLW, plus 1.0-foot of allowable overdredge and 3:1 side slopes is proposed.

For additional project details, see the attached plans identified as: Project Plan Sheets 1 through 35.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: 

The subject maintenance dredging project is intended to restore the Ship Bottom State Navigation Channel Complex to authorized project dimensions. No lateral expansion or deepening is proposed. 

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:

Information provided in the application has indicated that compensatory mitigation is not required because the Ship Bottom State Navigation Channel Complex has been historically dredge-maintained, with no lateral expansion or deepening proposed. All dredged material is proposed to be beneficially re-utilized for aquatic habitat restoration at the former subaqueous sand borrow pit site known as DH#61.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps’ determination is that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

(See linked document at end for full listing of species)

Regarding aquatic-based Section 7 ESA-managed species, the Corps’ determination is that project activities are “not likely to adversely affect” Atlantic Sturgeon and Sea Turtles. An NLAA consultation will be prepared and submitted to NMFS-PRD for review and concurrence.

Regarding land-based Section 7 ESA-managed species, given that the proposed project is limited to in-water maintenance dredging, with all resultant dredged material proposed to be disposed in-water within a subaqueous former sand borrow pit for aquatic habitat restoration, the Corps’ determination is the project activities would have “no effect” to Northern Long-Eared Bay, Tricolored Bat, Eastern Black Rail, Monarch Butterfly, American Chaffseed, and Swamp Pink.

Pursuant to Section 7 ESA, any required consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service and will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The Corps intends to initiate Essential Fish Habitat (EFH) consultation separately from this public notice. A separate EFH consultation package will be sent to the National Marine Fisheries Service (NMFS). The Corps will not make a permit decision until the consultation process is complete. 

NAVIGATION: The proposed activity is located in the vicinity of the New Jersey Intracoastal Waterway Federal Navigation Channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: In accordance with Section 401 of the Clean Water Act, a Water Quality Certificate (WQC) is required from the State government in which the subject work is located.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

EVALUATION: 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 benefits, 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 cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical 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. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The Corps 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 to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to 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 (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Philadelphia District will receive written comments on the proposed work, as outlined above, until March 4, 2026. Comments should be submitted electronically to Robert Youhas at robert.youhas@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Philadelphia District, Attention: Robert Youhas, 1650 Arch Street, Philadelphia, PA 19103-2004. Please refer to NAP-2026-00027-95 in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

For the Full Public Notice with additional text and graphics, please click here: USACOE Public Notice