PN-25-22 NAB-2023-61731-TREC (Grace Creek/Living Shoreline & Coastal Resiliency)

                                                                                                                  Public Notice
                                                                                                                 
                                                                                                                    Applicant:                                                    Published: April 25, 2025
                                                                                                                   Lisa and Rhona Resch                                  Expires: May 25, 2025
                                                                                                                   Grace Creek Farm, LLC.
                                                                                                                    PN-25-22
                                                                                                                   

                                                                                                                   Baltimore District
                                                                                                                   Permit Application No. NAB-2023-61731-TREC (Grace Creek/Living Shoreline & Coastal Resiliency)

TO WHOM IT MAY CONCERN: The Baltimore District of the United States 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: Lisa and Rhona Resch
                          Grace Creek Farm, LLC.
                          23472 & 23432 Berry Road
                          Bozman, Maryland 21612

AGENT:          Karley Routh
                          Ecotone, LLC.
                          129 Industry Lane
                          Forest Hill, Maryland 21050

WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States associated with Boby Owl Cove and Leadenham Creek. The project is located at 23472 & 23432 Berry Road at Latitude 38.749187 and Longitude -76.267636; in Bozman, Talbot County, Maryland.

EXISTING CONDITIONS: The project shoreline extends from a private property at 23432 Berry Road along Boby Owl Cove, east and then south along Grace Creek Farm LLC property to Fairbanks Point on Leadenham Creek. The shoreline along the properties has been experiencing shoreline retreat at an average rate of 1.8 feet per year due to wind and wave energy combined with historic agricultural use. The shoreline exhibits signs of active erosion with bank heights ranging from 2 to 5 feet, which has contributed to reduced tidal marsh habitat and uprooting large trees which has further destabilized banks. Riprap had been placed along the shoreline in several areas to attempt to slow erosion but has not effectively slowed erosional processes and has acted as an impediment to aquatic species movement. A natural oyster bar runs along the project shoreline with the highest concentration of oysters along the southwest stretch of the project near Fairbanks Point.

PROJECT PURPOSE:

Basic: Shoreline stabilization.

Overall: Stabilize 2,700 linear feet of shoreline at the project location.

PROPOSED WORK: The applicant requests authorization to restore 2,700 linear feet (LF) of tidal shoreline along the northern and eastern shorelines of Boby Owl Cove, near the confluence of Leadenham Creek and Grace Creek, utilizing a living shoreline design with an approximately 72,716 square foot (SF)/1.67 acre impact area as follows: to emplace 6,370 SF of low profile stone sill with tidal flushing vents; to establish tidal wetland habitat by depositing clean sand fill stabilized with 24,394 SF of low marsh (Spartina alterniflora) plantings; to emplace approximately 245 oyster reef balls totaling 2,205 SF along sections of shoreline to function as oyster habitat, expand the existing oyster bed in the vicinity and provide additional shoreline protection; and to remove approximately 5,085 SF/377 cubic yards of existing riprap revetment to facilitate natural marsh migration; all to extend no more than 48 feet channelward of the mean high water (MHW) shoreline, starting along a private property at 23432 Berry Road and extending east and then south on Grace Creek Farm property to Fairbanks Point in Bozman, Talbot County, Maryland.

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 original project design plans dated October 2023 resulted in a total impact area of 130,201 SF to waters of the United States Based on federal and state resource agency comments, the project was redesigned to further avoid and minimize impacts to aquatic resources. The new plans dated November 2024 result in a total proposed impact area of 72,716 SF. Impacts to waters of the United States have been minimized by limiting the placement of rock sills to areas with the greatest fetch and erosion; using reef balls instead of sills where possible to provide habitat and dissipate wave energy; and wetland impacts have been minimized through minimization of access points and grading.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: Based on the design revision, total impacts to wetlands are 23,065 SF and proposed wetland creation through low and high marsh establishment totals 49,222 SF, resulting in a net increase in over 100% tidal marsh wetlands.

CULTURAL RESOURCES: The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the State Historic Preservation Office and/or Tribal Historic Preservation Officer.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the United States Fish and Wildlife Service Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Protected Resources Division 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. The project footprint would not extend into a water depth greater than -3 feet at mean low water (MLW). There is no critical habitat mapped in the project vicinity. Based on this initial review, the Corps has made a preliminary determination that the proposed project will not affect any listed species or critical habitat.

ESA-listed species and/or critical habitat potentially present in the action area.

This notice serves as request to the United States 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 consultation separately from this public notice. A separate Essential Fish Habitat consultation package will be sent to the NMFS. The Corps will not make a permit decision until the consultation process is complete.

NAVIGATION: The proposed structure or activity is not located in the vicinity of a 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: A Water Quality Certification (WQC) will be required from the Maryland Department of Environment. The applicant has been made aware of the requirements for submitting a WQC request to begin the WQC process.

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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Baltimore District will receive written comments on the proposed work, as outlined above, until May 25, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Meghan Fullam at meghan.e.fullam@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, United States Army Corps of Engineers, Baltimore District, Attention: Meghan Fullam, USACE Baltimore District Regulatory 2 Hopkins Plaza Baltimore, Maryland 21201. Please refer to the permit application number 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.