PUBLIC NOTICE
Applicant: Published: January 23, 2026 Mr. Horacio Tablada Expires: February 22, 2026 Baltimore County, Department of Environmental Protection and Sustainability
PN-26-02
Baltimore District
Permit Application No. NAB-2025-60842-M43
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:
EXISTING CONDITIONS: The project is located at Walnut Point along approximately 900 linear feet of shoreline for Back Creek, a tidal water. An existing private community boat ramp off Walnut Point Road is the approximate western end of the site. The existing shoreline consists of exposed sediment, dense phragmites and an artificially stabilized shoreline. An existing fishing pier is present within the project limits and is proposed for removal. There is no mapped submerged aquatic vegetation within the last five (5) years within the project area. Existing depths in the project area range from -1 feet to -4 feet below mean low water. The project is located in the Coastal Plain physiographic province of Maryland.
PROJECT PURPOSE:
Basic: To stabilize an eroding shoreline, restore marsh habitat, improve water quality and create habitat.
Overall: To stabilize an eroding shoreline, restore marsh habitat, improve water quality and create habitat along the shoreline on Back River at 425 Walnut Grove Road, Essex, Baltimore 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 preferred alternative and the use of wave attenuation device arrays has significantly minimized impacts to tidal waters. The applicant evaluated other design alternatives with the use of conventional stone breakwaters structures; however, these structures would result in a much larger impact to tidal waters. The applicant has further minimized impacts to existing tidal waters by grading into uplands, where practicable. A turbidity curtain will be used during installation of the wave attenuation device arrays to capture sediment that is suspended during in-water work and all construction access will be through uplands or via barge. The applicant will also adhere to a time of year restriction for anadromous spawning fish species.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: No compensatory mitigation is proposed. The permanent impacts to tidal wetlands will be offset by low and high marsh plantings. The work would stabilize an eroding shoreline, restore marsh habitat, improve water quality and create aquatic habitat.
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 District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or 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 United States Fish and Wildlife Service Information for Planning and Consultation (IPaC), 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 1. No other Endangered Species Act-listed species or critical habitat will be affected by the proposed action.
Table 1: Endangered Species Act-listed species and/or critical habitat potentially present in the action area.
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Species Common Name and/or Critical Habitat Name
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Scientific Name
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Federal Status
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Atlantic Sturgeon
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Acipenser oxyrinchus oxyrinchus
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Endangered
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Shortnose Sturgeon
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Acipenser brevirostrum
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Endangered
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Green Sea Turtle
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Chelonia mydas
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Threatened
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Kemp’s Ridley Sea Turtle
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Lepidochelys kempii
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Endangered
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Loggerhead Sea Turtle
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Caretta caretta
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Threatened
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Leatherback Sea Turtle
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Dermochelys coriacea
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Endangered
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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 42,740 square feet of open water bottom habitat. The effects of the project are determined to be minimal, and both temporary (11,623 square feet) and permanent (42,740 square feet). These habitat(s) are utilized by the following species and their various life stages:
Table 2: Species managed for Essential Fish Habitat potentially present in the project area.
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Species/Management Unit
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Life Stages
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Red Hake
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Adult, Eggs, Larvae, Juvenile
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Scup
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Adult, Juvenile
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Summer Flounder
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Adult, Juvenile, Larvae
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Windowpane Flounder
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Adult, Juvenile
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Atlantic Butterfish
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Adult, Eggs, Larvae
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Atlantic Herring
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Adult, Juvenile
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Black Sea Bass
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Adult, Juvenile
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Bluefish
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Adult, Juvenile
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Clearnose Skate
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Adult, Juvenile
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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 February 22, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Ms. April Sparkman at april.e.sparkman@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Baltimore District, Attention: Ms. April Sparkman, 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.