PN-25-29 NAB-2023-60750-TREC (St. Mary's County Recreation & Parks/Kayak and Boat Launch)

                                                                                                           Public Notice

                                                                                                       
                                                                                                          Applicant:                                                                                                                                       Published: June 16, 2025
                                                                                                          St. Mary’s County Recreation & Parks                                                                                             Expires: July 16, 2025
                                                                                                          Parks/Kayak and Boat Launch
                                                                                                         PN-25-29
                                                                                                       
                                                                                                        Baltimore District
                                                                                                        Permit Application No.NAB-2023-60750-TREC (St. Mary’s County Recreation & Parks/Kayak and Boat Launch)

To Whom It May Concern: The Baltimore 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:       St. Mary’s County Recreation & Parks
                             c/o Mr. Arthur Shepherd
                             P.O. Box 653
                             23150 Leonard Hall Drive
                             Leonardtown, MD 20650

AGENT:               Kyle Mundy     
                             A. Morton Thomas and Associates, Inc.
                             700 King Farm Blvd, Suite 300
                             Rockville, MD 20850

WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States associated with Patuxent River and Roslin Creek. The project/review area is located off Snow Hill Road in Mechanicsville, at Latitude 38.403413 and Longitude -76.595232, in St. Mary’s County, Maryland.

EXISTING CONDITIONS: The project site is the current location of the Snow Hill Waterfront Park, operated by the St. Mary’s County Recreation and Parks Department. The 163-acre recreational park includes a pavilion, recreational space, associated parking, and infrastructure.

PROJECT PURPOSE:

Basic: To expand recreational use of an existing park and provide better access to the waterway.

Overall: To construct a boat ramp and launch, and kayak launch to provide residents better access to the Patuxent River and Roslin Creek for recreational use of the waterways.

PROPOSED WORK: This proposed project involves the addition of a boat ramp and launch, a kayak launch, and associated parking for both new recreational features. Impacts to waters of the U.S. (WOTUS) are associated with the creation of the proposed boat ramp and kayak launch only. Dredging is proposed at the boat ramp, extending 65 feet beyond the flank walls until the river reaches the required depth of four feet (4’), as specified by the Maryland Department of Natural Resources (MD DNR). The dredged material is proposed to be dried and used as fill on-site, in accordance with COMAR 26.24.03.04 guidelines. This material is proposed to be placed south of the proposed boat parking lot to form a mound for visual screening. No return flow of dredged material would re-enter the waterway.

The proposed boat ramp and launch is proposed to be 41 feet wide, measured from pile to pile. The flank walls are proposed to extend 92.5 feet from the edge of the proposed asphalt turnaround circle. The proposed boat launch is proposed to consist of a 48.5-foot long and 36-foot-wide concrete slab, with the flank walls extending an additional 44 feet to protect the channel. The flank walls are proposed to be constructed from 12-inch timber piles and tongue-and-groove aluminum sheeting. A turbidity curtain and cofferdam are proposed to be used during the construction of the proposed boat ramp, flank walls, and dredging activities.

The proposed kayak launch involves the construction of a concrete sidewalk landing, gangway, and floating dock. The dock and gangway would be constructed with aluminum framing and decking over polyfloats. An ADA-compliant sidewalk would lead to the gangway. The sidewalk would end at a landing area, which would include a concrete footing with reinforcing timber boards and four (4) 12-inch timber piles. The floating dock would be anchored by two timber piles. The proposed kayak launch would be 40 feet wide at its widest point, with the floating dock measuring 26.5 feet wide and extending 32 feet into the pond.

AVOIDANCE AND MINIMIZATION: The applicant has stated that they have avoided, minimized, and mitigated for impacts to WOTUS to the maximum extent practicable. The Corps is in the process of evaluating the avoidance and minimization measures, as well as the alternative analysis provided. 

COMPENSATORY MITIGATION: Compensatory mitigation is generally not required by the Corps when the loss of WOTUS is less than 1/10-acre for the overall project. However, in accordance with Maryland Department of the Environment (MDE) requirements, tidal wetland plantings have been incorporated to address the tidal wetland impact. This includes the planting of two (2) acres of Spartina alterniflora and Spartina patens along 87 linear feet of shoreline adjacent to the proposed boat ramp.

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.

The Corps District Engineer’s final eligibility and effect determination will be based upon coordination with the State Historic Preservation Officer (SHPO) and/or Tribal Historic Preservation Officer (THPO), 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.

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) and the National Marine Fisheries Service (NMFS) Greater Atlantic Regional Field Office Section 7 Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur within the boundary of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed in Table 1. No other Endangered Species Act (ESA)-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the NMFS 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.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the NMFS. Implementation of the proposed project would directly impact approximately 0.15 acres of intertidal and open water habitat. The effects of the project are determined to be minimal and temporary. These habitat(s) are utilized by the following species and their various life stages:

Table 2: National Oceanic and Atmospheric Administration Essential Fish Habitat

Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.

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: Water Quality Certification may be required from the Maryland Department of the Environment.

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 Baltimore District will receive written comments on the proposed work, as outlined above, until July 16, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Brad Sherwood at Brad.Sherwood@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Baltimore District, Attention: Brad Sherwood, Regulatory Branch 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.