PN-24-12 NAB-2024-60034-M51 (Talisman Plantation, LLC/Living Shoreline)

                Public Notice
U.S. Army Corps              In Reply to Application Number
of Engineers                     NAB-2024-60034-M51 (Talisman Plantation, LLC/Living Shoreline)
Baltimore District
PN-24-12                           Comment Period: April 16, 2024 to May 16, 2024                                 
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:

Talisman Plantation, LLC
300 Talisman Farm Circle
Grasonville, Maryland 21638

WATERWAY AND LOCATION OF THE PROPOSED WORK:

The proposed project is located in Prospect Bay, in Grasonville, Queen Anne’s County, Maryland (Latitude: 38.93106, Longitude: -76.20169).

OVERALL PROJECT PURPOSE:

To provide shoreline erosion control and to establish and enhance habitat at 300 Talisman Farm Circle in Grasonville, Queen Anne’s County, Maryland.

PROJECT DESCRIPTION:

The applicant proposes, in accordance with the attached plans, to stabilize approximately 2,954 linear feet of shoreline utilizing a living shoreline design within an approximate 3.39-acre impact area (2.22 acres permanent impacts; 1.17 acre temporary impacts) as follows: to temporarily emplace marsh matting within nontidal and tidal wetlands for construction access; to emplace approximately 190 cubic yards of stone for scour protection and invasive species (Phragmites australis) containment; to construct 20 stone breakwaters totaling approximately 1,308 linear feet (17,381.3 square feet) with 2,524 cubic yards of clean sand backfill for sand tombolos and 31 cubic yards of cobble for beach protection; and establishment of approximately 36,154 square feet (0.83 acres) of low marsh vegetation (Spartina alterniflora) and 13,503 square feet (0.31 acres) of high marsh vegetation (S. patens), all within the sand tombolo areas; all extending a maximum of approximately 46 feet from the approximate mean high water shoreline.

The applicant proposes to impact approximately 27,235.6 square feet (0.63 acres) of submerged aquatic vegetation (SAV), as mapped by the Virginia Institute of Marine Sciences from 2018 through 2022. 

EFFECTS ON AQUATIC RESOURCES:

LEAD FEDERAL AGENCY:

The United States Army Corps of Engineers (Corps), 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, steps were taken to avoid and minimize impacts to aquatic resources to the maximum extent practicable based on existing site conditions. The applicant proposes to avoid and minimize impacts by designing the 20 breakwater structures to be the minimum channel ward extent necessary (less than 50 feet) to provide reduced wave energy, protect against shoreline erosion, and to provide for coastal resiliency.

The applicant’s initial design included an approximately 3.74-acre area of permanent impact area inclusive of approximately 1.75 acres of permanent impacts to SAV. The initial design was reduced and minimized in response to agency comments during a pre-application meeting held November 2, 2023. The current redesign includes approximately 2.22 acres of permanent impact (41% reduction), and 0.63 acres of impact to SAV (64% reduction).

Upon project completion, an approximately 1.09-acre area of marsh habitat would be established consisting of 34,154 square feet of Spartina alterniflora and
13,503 square feet of S. patens. Additionally, the project would preserve the headland protecting an approximately 8.0-acre area of SAV within Hoghole Creek.

Further, as a best-management practice, the applicant proposes uses of temporary construction access matting in nontidal and tidal wetlands. The marsh matts would minimize impacts to existing wetland vegetation/benthic substrate, and all temporarily disturbed wetland areas are proposed to be restored to pre-existing conditions post-construction. 

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 is intertidal and subtidal estuarine waters less than 3 feet mean high water. Therefore, the action area would not be suitable habitat for threatened or endangered sturgeon and/or sea turtles. 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 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   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 adverse 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-2024-60034-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:

Ms. Megan Spindler
megan.l.spindler@usace.army.mil 
United States Army Corps of Engineers, Baltimore District
Regulatory Branch
218 North Washington Street, Suite 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 at (410) 207-9987, or at megan.l.spindler@usace.army.mil with NAB-2024-60034-M51 in the subject line. This public notice is issued by the Chief, Regulatory Branch.