PN-23-08 NAB-2022-61956-M51 (Alliance For The Chesapeake Bay - Trossbach Farm/Living Shoreline)

                        Public Notice
U.S. Army Corps              In Reply to Application Number
of Engineers                    NAB-2022-61956-M51 (Alliance For The Chesapeake Bay -
                                            Trossbach Farm/Living Shoreline)
Baltimore District
PN-23-08                          Comment Period: March 2, 2023 to April 1, 2023 
THE PURPOSE OF THIS PUBLIC NOTICE IS TO INFORM INTERESTED PARTIES OF THE PROPOSED ACTIVITY AND TO SOLICIT COMMENTS. NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME.

This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344),as described below:

APPLICANT:

                              Alliance for the Chesapeake Bay
                              c/o: Laura Todd
                              501 Sixth Street
                              Annapolis, MD 21403

WATERWAY AND LOCATION OF THE PROPOSED WORK:

The proposed work is located in the Chesapeake Bay, 17538 Saint Jeromes Neck Road, in Dameron, St. Mary’s County, Maryland. (Project: Latitude 38.151003; Longitude -76.33455).

OVERALL PROJECT PURPOSE:

To provide shoreline erosion protection and to establish/enhance habitat along the shoreline at 17538 Saint Jeromes Neck Road in Dameron, St. Mary’s County, Maryland.

PROJECT DESCRIPTION:

The applicant proposes, in accordance with the attached plans, to stabilize a total of approximately 3,800 linear feet of eroding shoreline using a living shoreline design employing a series of headland breakwater structures, all within an approximately 216,929 square foot (sf) (4.8-acre) impact area as follows: to construct six (6) shore connected breakwater/tombolo structures by emplacing 3,855 cubic yards of stone and 15,405 cubic yards of clean sand/cobble mix stabilized with 218,550 sf (5-acres) of native low to high marsh and transitional dune habitat vegetation; to deposit 425 cubic yards of oyster shell at the toe of each breakwater for artificial reef habitat; all to extend a maximum of 275 feet channelward of approximate mean high-water shoreline.

All work is proposed in accordance with the attached plans as prepared by Sustainable Science, LLC. dated October 2022 and revised February 2023. Please refer to the table below for a summary of aquatic resource impacts.

EFFECTS ON AQUATIC RESOURCES:

LEAD FEDERAL AGENCY:

The United States Army Corps of Engineers, as the lead federal agency, is responsible for all coordination pursuant to applicable federal authorities.

APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:

As part of the planning process for the proposed project, steps were taken to ensure avoidance and minimization of impacts to aquatic resources to the maximum extent practicable based on the existing site conditions. The project shoreline is situated off the mainstem of the Chesapeake Bay with an over 15-mile-wide fetch exposure. Since the 1990s, the project shoreline is eroding at approximately 15-ft per year. The shoreline placement areas of the proposed headland breakwater structures were informed by historic shoreline and wave energy data modeling. Each breakwater/tombolo structure incorporates nature-based design components in addition to dissipating high-energy waves to allow formation of stable embayments versus a traditional shore parallel stone sill/marsh design. In addition, utilizing a sand/cobble mixture to engineer low to high marsh establishment/enhancement areas would reduce overall impacts to aquatic resources due to steeper marsh gradients achieved versus use of traditional sand backfill alone. Further, the applicant has proposed to incorporate existing large woody debris as nature-based components secured/anchored into the proposed footprint upon completion of the shoreline stabilization project.

No compensatory mitigation is proposed. No submerged aquatic vegetation or wetlands would be impacted as a result of the proposed project based on existing site conditions and Corps review of submerged aquatic vegetation mapping data available from the Virginia Institute of Marine Sciences for the most recent 5 years of mapped coverage data. The project would result in the establishment of approximately 16,424 sf of artificial oyster reef habitat, 35,475 sf of intertidal marsh, and 102,102 sf of transitional upland/beach dune habitat channelward of approximate mean high water.

CORPS EVALUATION REQUIREMENTS:

This project will be evaluated pursuant to Corps Regulatory Program Regulations (33 CFR Parts 320-332). The decision whether to issue a permit will be based on an evaluation of the probable impacts, 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 reasonable 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, economic, 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 and fiber production, mineral needs, and consideration of property ownership and in general, the needs and welfare of the people. The evaluation of the impact of this project will also include application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, United States Environmental Protection Agency.

ENDANGERED SPECIES:

A preliminary review of this application indicates that the proposed work will have no effect federally listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended. The project site has been mapped as migrating and foraging habitat for juvenile, subadult and adult Atlantic sturgeon (Acipenser oxyriynchus oxyriynchus); overwintering habitat and migrating and foraging habitat for adult shortnose sturgeon (Acipenser brevirostrum); and migrating and foraging habitat for adult and juvenile green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and Loggerhead sea turtle (Caretta caretta). The project location and vicinity are not mapped as critical habitat for any known federally listed threatened or endangered species under United States Fish and Wildlife Service’s jurisdiction. As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.

ESSENTIAL FISH HABITAT:

The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), as amended by the Sustainable Fisheries Act of 1996 (Public Law 04-267), requires all federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH), including species of concern, life cycle habitat, or Habitat Areas of Particular Concern. The project site lies in or adjacent to EFH as described under MSFCMA designated in Chesapeake Bay for little skate (Leucoraja erinacea), Atlantic herring (Clupea harengus), red hake, (Urophycis chuss), windowpane flounder (Scophthalmus aquosus), winter skate (L. ocellata), clearnose skate (Raja eglanteria), bluefish (Pomatomus saltatrix), Atlantic butterfish (Peprilus triacanthus), scup (Stenotomus chrysops), summer flounder (Paralichthys dentatus), and black sea bass (Centropristis striata); all managed species under the MSFCMA. The Baltimore District has made a preliminary determination that the project will not have a substantial adverse effect on EFH. The Baltimore District has made a preliminary determination that mitigative measures are not required to minimize adverse effects on EFH at this time. This determination may be modified if additional information indicates otherwise.

HISTORIC RESOURCES:

Pursuant to Section 106 of the National Historic Preservation Act of 1966 and applicable guidance, the Corps has reviewed the latest published version of the National Register of Historic Places and initially determined that no registered properties listed as eligible for inclusion, therein, are located at the site of the proposed work. The Corps has made the preliminary determination that the proposed project has no potential to cause effects on historic properties. The Corps final eligibility and effect determination will be based on coordination with the State Historic Preservation Office as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps’ identified permit area.

TRIBAL RESOURCES:

Section 106 of the National Historic Preservation Act also requires federal agencies to consult with federally recognized American Indian tribes that attach religious and cultural significance to historic properties that may be affected by the agency’s undertaking. Corps Tribal Consultation Policy mandates an open, timely, meaningful, collaborative, and effective deliberative communication process that emphasizes trust, respect, and shared responsibility. The policy further emphasizes that, to the extent practicable and permitted by law, consultation works toward mutual consensus and begins at the earliest planning stages before decisions are made and actions taken. The Corps final eligibility and effect determination will be based on coordination with interested tribes, in accordance with the Corps current tribal standard operating procedures as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on tribal resources.

MODIFICATION OF CIVIL WORKS PROJECTS: 33 USC 408 (SECTION 408):

All Section 408 proposals will be coordinated internally at USACE. The Section 408 decision will be issued along with the Section 404 and/or Section 10 decision. Please see the following link for more information regarding Section 408: https://www.nab.usace.army.mil/Missions/Regulatory/Section-408-Requests/.

WATER QUALITY CERTIFICATION:

The applicant is required to obtain a water quality certification in accordance with Section 401 of the Clean Water Act.

COASTAL ZONE MANAGEMENT PROGRAMS:

Where applicable, the applicant has certified in this application that the proposed activity complies with and will be conducted in a manner consistent with the approved Coastal Zone Management Program. By this public notice, we are requesting the state concurrence or objection to the applicant’s consistency statement.

The applicant must obtain any state or local government permits which may be required.

SUBMISSION OF COMMENTS:

The Corps of Engineers 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 of Engineers 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 provided will become part of the public record for this action and are subject to release to the public through the Freedom of Information Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

Written comments concerning the work described above related to the factors listed above or other pertinent factors must be received by the United States Army Corps of Engineers, Baltimore District within the comment period specified above through postal mail at the address below or electronic submission to the project manager email address below. Written comments should reference the Application Number NAB-2022-61956-M51.

PUBLIC HEARING REQUESTS:

Any person who has an interest which may be adversely affected by the issuance of this permit may request a public hearing. The request, which must be in writing, must be received within the comment period as specified above to receive consideration. Also, it must clearly set forth the interest which may be adversely affected by this activity and the manner in which the interest may be adversely affected. The public hearing request may be submitted by electronic mail or mailed to the following address:

Megan Spindler
Megan.l.spindler@usace.army.mil
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
2 Hopkins Plaza
Baltimore, MD 21201

It is requested that you communicate this information concerning the proposed work to any persons known by you to be interested, who did not receive a copy of this notice.

General information regarding the Corps’ permitting process can be found on our website at https://www.nab.usace.army.mil/Missions/Regulatory.aspx. This public notice has been prepared in accordance with Corps implementing regulations at 33 CFR 325.3. If you have any questions concerning this specific project or would like to request a paper copy of this public notice, please contact Megan Spindler, 410-207-9987, megan.l.spindler@usace.army.mil . This public notice is issued by the Chief, Regulatory Branch.