PN-23-34 NAB-2023-60233-M50 (MD Coastal Bays Program - Sinepuxent South/Living Shoreline)

                        Public Notice
U.S. Army Corps              In Reply to Application Number
of Engineers                    NAB-2023-60233-M50 (MD Coastal Bays Program - Sinepuxent South/Living Shoreline
Baltimore District
PN-23-34                          Comment Period: August 22, 2023 to September 21, 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:

APPLICANTS:

Maryland Coastal Bays Program
c/o Mr. Bill Weiland
8219 Stephen Decatur Hwy
Berlin, Maryland 21811

Assateague State Park
c/o Ms. Angela Baldwin
6915 Stephen Decatur Hwy.
Berlin, Maryland 21811

Assateague Island National Seashore
c/o Mr. Bill Huslander
7206 National Seashore Lane
Berlin, Maryland 21811

Ruark Family Limited Partnership Country Club
P.O. Box 1752
Salisbury, Maryland 21802

WATERWAY AND LOCATION OF THE PROPOSED WORK:

The proposed project is located in Sinepuxent Bay, in Berlin, Worcester County, Maryland (Latitude: 38.247045; Longitude: -75.15465).

OVERALL PROJECT PURPOSE:

To provide shoreline erosion control, to establish/enhance habitat, and to provide coastal resiliency at 11800 Marsh View Lane, in Berlin, Worcester County, Maryland.

PROJECT DESCRIPTION:

The applicant proposes, in accordance with the attached plans, to stabilize approximately 1,420 linear feet of shoreline utilizing a living shoreline design by emplacing a series of four (4) shore connected headland control breakwater structures, all within an approximately 72,959 square foot (sf) or 1.67 acre impact area as follows: to construct a 250-foot (ft) long by 58-ft wide stone breakwater (Breakwater 1), not to exceed 243 ft channelward of the approximately mean high water (MHW) shoreline; to construct a 135-ft long by 35-ft wide stone breakwater (Breakwater 2), not to exceed 135 ft channelward of the approximate MHW shoreline; to construct a 139-ft long by 43-ft wide stone breakwater (Breakwater 3), not to exceed 143 ft channelward of the approximate MHW shoreline; to construct a 195-ft long by 36-ft wide stone breakwater (Breakwater 4), not to exceed 154 ft channelward of the approximate MHW shoreline; and to emplace approximately 2,208 cy of sand and 3,117 cy of stone for tombolo/habitat construction; and to stabilize with approximately 2,137 sf of low marsh vegetation (Spartina alterniflora) and 35,270 sf of high marsh vegetation (S. patens), all within the area of each of the four above-described breakwaters.

All work is proposed in accordance with the attached plans prepared by Underwood and Associates, dated May 22, 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 avoid and minimize impacts to aquatic resources to the maximum extent practicable based on the existing site conditions. The applicant proposes to avoid and minimize impacts by designing the headland breakwaters to be of the minimum channelward extent necessary to provide reduced wave energy, erosion rates and provide for coastal resiliency.

No compensatory mitigation is currently proposed. An approximately 25,533 sf area of 2018-2022 mapped submerged aquatic vegetation 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 form VIMS for the most recent 5 years of mapped coverage data. Approximately 9,239 sf of existing tidal vegetation would be filled and revegetated at the project elevation. The project would result in the establishment of approximately 2,137 sf of low marsh vegetation (Spartina alterniflora) and 35,270 sf of high marsh vegetation (S. patens). The applicant designed the proposed ratio of low to high marsh vegetation to more closely mimic natural Sinepuxent Bay shorelines, which tend to be dominated by S. patens and beach strand habitat.

The applicant considered alternative project designs that would result in a reduced project footprint but would not meet the overall project purpose. These included no-action, shoreline armoring with bulkheads or revetments, and a traditional breakwater and tombolo design. Specifically, the breakwater and tombolo design would absorb wave energy and maintain the shoreline at a preferred orientation but would not be expected to provide the quality of habitat as the proposed in the submitted design.

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 is not likely to adversely affect federally listed threatened or endangered species or their critical habitat, pursuant to Section 7 of the Endangered Species Act, as amended. 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 for managed species under the MSFCMA. The Baltimore District has made a preliminary determination that the project will not have a substantial adverse effecton 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 would have no effect 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 the United States Army Corps of Engineers. 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-2023-60233-M50 (MD Coastal Bays Program - Sinepuxent South/Living Shoreline).

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
218 N. Washington St. Ste 304
Easton, Maryland 21601

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 Ms. Megan Spindler of this office via email at megan.l.spindler@usace.army.mil. This public notice is issued by the Chief, Regulatory Branch.