PN-25-49 NAB-2024-61693-M07 (MDTA/FSK Police Headquarters/Shoreline Stabilization)

                                                                                                                                                     Public Notice
                                                                                                                                   
                                                                                                                                     Applicant:                                                                                                                                   Published:  December 19, 2025
                                                                                                                                     Maryland Port Administration                                                                                                           Expires: January 18, 2026
                                                                                                                                     PN-25-49
                                                                                                                                                                                                                                                                          Baltimore District
                                                                                                                                    Permit Application No NAB-2024-61693-M07

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:    Maryland Transportation Authority (MDTA)
                          Ms. Julie McCarthy
                          300 Authority Drive
                          Baltimore, MD 21222

AGENT:            RK&K, LLP
                          Mr. Ed Tinney
                          700 E. Pratt Street, Suite 600
                          Baltimore, MD 21202

WATERWAY AND LOCATION:  The project would affect waters of the United States and navigable waters of the United States associated with Bear Creek.  The project/review area is located at 4330 Broening Highway, Baltimore County, Maryland.  Latitude:  39.232617, Longitude:  -76.503574

EXISTING CONDITIONS:  The subject property is owned and operated by the MDTA.  The site is the existing MDTA Police Headquarters located in the Coastal Plain physiographic province of Maryland.  There are no existing tidal/nontidal wetlands located within the project area or mapped submerged aquatic vegetation within the last five (5) years.

PROJECT PURPOSE:

Basic:  Erosion control.

Overall:  To provide erosion protection to the shoreline at the MDTA Police Headquarters, in Bear Creek, Baltimore County, Maryland.

PROPOSED WORK:  The applicant requests authorization, in accordance with the attached plans, as follows:

• Construct approximately 121 linear feet of stone revetment, within a maximum of 26 feet channelward of the mean high water line.  The construction of the revetment includes mechanically dredging an approximate 3,154 square foot area to remove approximately 566 cubic yards of material for the revetment construction and the placement of approximately one foot of clean sand fill over approximately 1,508 square feet of the revetment to provide restoration following construction.
• Construct approximately 672 linear feet of segmented stone sand containment breakwaters, with approximately 2,779 cubic yards of clean sand fill, graded and planted with approximately 15,371 square feet of low marsh and approximately 10,703 square feet of high marsh.  The shoreline includes an approximately 10-foot-wide rip-rap ditch for stormwater.  All extending a maximum of 94 feet channelward of the mean high water line.

Table 1:  Effects on aquatic resources.

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 applicant considered alternative designs to meet the project goals of providing shoreline erosion protection while also avoiding and minimizing impacts in Bear Creek.  Alternative designs included larger breakwaters which were minimized to meet to the project purpose.  The proposed work would provide improved habitat opportunities for fish, invertebrates, and shellfish.  The proposed work described above achieves the project purpose while minimizing impacts to Bear Creek to the maximum extent practicable.

COMPENSATORY MITIGATION:  The applicant has provided the following explanation why compensatory mitigation should not be required:  The applicant is not proposing to provide compensatory mitigation as the project scope has been reduced to the minimum necessary and impacts to waters of the United States have been minimized while meeting the project goals of providing long-term scour erosion protection and protecting the integrity of the land surrounding the MDTA Police Headquarters.  The project will stabilize the shoreline and improve aquatic habitat.  No tidal/nontidal wetlands or submerged aquatic vegetation will be permanently impacted as a result of the project.

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.

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; however, the Corps’ preliminary determination is that the undertaking will have no adverse effect on these historic properties.  The Corps subsequently requests concurrence from the State Historic Preservation Officer and/or the Tribal Historic Preservation Officer.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the State Historic Preservation Officer and/or Tribal Historic Preservation Officer, 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 United States Fish and Wildlife Service Information for Planning and Consultation, National Marine Fisheries Service Section 7 Mapper, and the National Marine Fisheries Service 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 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 but is not likely to adversely affect species and critical habitat listed in Table 2.  No other Endangered Species Act-listed species or critical habitat will be affected by the proposed action.

Table 2:  Endangered Species Act -listed species and/or critical habitat potentially present in the action area.

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

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.

This notice initiates the Essential Fish Habitat consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act.  Our initial determination is that the proposed action is not likely to have a substantial effect on Essential Fish Habitat and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service.  Implementation of the proposed project would directly impact approximately 4,350 square feet of open water bottom habitat.  The effects of the project are determined to be minimal and permanent.  These habitat(s) are utilized by the following species and their various life stages:

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

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 is 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, Environmental Protection Agency, 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 January 18, 2026.  Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Ms. Maria N. Teresi at maria.teresi@usace.army.mil.  Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Baltimore District, Attention:  Ms. Maria N. Teresi, 2 Hopkins Plaza, Baltimore, Maryland 21201-2930.  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.