PN-26-09 NAB-2025-61347-M50 (Green Trust Alliance - St. Jeromes Crossroads LLC/Shoreline Restoration)

                                                                                                                                             PUBLIC NOTICE
                                                                                                                                   
                                                                                                                                    Applicant:                                                                                                                                             Published:  March 25, 2026                                                                                                                                      Kirk Mantay                                                                                                                                                 Expires:  April 24, 2026                                                                                                                                     Green Trust Alliance
                                                                                                                                                                                                                                                                         PN-26-09
                                                                                                                                    Baltimore District
                                                                                                                                    Permit Application No.  NAB-2025-61347-M50

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:   Kirk Mantay
                          Green Trust Alliance
                          201 International Circle
                          Suite 230
                          Hunt Valley, MD 21030

AGENT:            Dave Knorr
                          Mariner Science & Exploration, LLC
                          64 West Central Avenue
                          Edgewater, MD 21037

WATERWAY AND LOCATION:  The project would affect waters of the United States and navigable waters of the United States associated with Chesapeake Bay.  The project/review area is located on the western shoreline of the bay between Shipwreck Way and Camp Winslow Roads; at Latitude 38.166516 and Longitude -76.341471; in Dameron, St Mary’s County, Maryland.

EXISTING CONDITIONS:  The site consists of 4,214 linear feet (lf) of Chesapeake Bay beach shoreline with eroding banks.  The site has a fetch of 34 miles which promotes strong wave conditions, causing naturally eroding shoreline conditions.  The shoreline is retreating at an average rate of 4.3 feet per year.  No vegetated wetlands are present.  No submerged aquatic vegetation is mapped in the area over the period 1971-2024.  The fastland landward of the beach/bluffs is forested.  A shellfish aquaculture lease area is located bayward of the southern part of the shoreline reach.  No other oyster resources are mapped in bay waters immediately along the shore.

PROJECT PURPOSE:

Basic:  To provide shoreline stabilization and erosion control to protect property.

Overall:  To protect the existing shoreline property from continued erosion, and provide shoreline stabilization using a living shoreline approach

PROPOSED WORK:  The applicant requests authorization to construct a living shoreline project with permanent impacts along 4,215 lf of estuarine shoreline including sand/cobble fill and rock stabilization within an approximately 303,555 square foot (sf) (~7.0 acre) area as follows:

• Construct 1,450 lf of breakwaters (5 headland and 8 nearshore) impacting 37,100 sf of intertidal and subtidal bottom, with the headland breakwater and nearshore breakwaters extending a maximum distance channelward of the mean high water (MHW) line of 225 lf and 124 lf, respectively,
   
• Construct 275 lf of headland groin impacting 6,800 sf of intertidal and subtidal bottom and extending a maximum distance channelward of MHW of 205 lf,
   
• Place sand/cobble fill from upland source(s) to construct beach along 4,215 lf of shoreline (13,250 cubic yards) of fill material) impacting 259,655 sf of intertidal and subtidal bottom, extending from 0 to 155 lf of MHW,
   
• Plant marsh and upland vegetation along the landward side of the constructed beach, and
   
• Install 27 posts to support an aerial line for an adjacent existing in-bay aquaculture operation (Corps permit 2018-00797 (St. Jeromes Crossroads, LLC/Aquaculture Lease #423 & #552)).

Construction would be primarily from land, although some work may be done from barge.

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:

Alternatives considered included No Action, a hardened revetment, and the proposed living shoreline.  The No Action alternative would not accomplish the project purpose of protecting property, including riparian forest.  A hardened revetment would cause loss of shoreline habitats and is inconsistent with State of Maryland regulatory requirements.  Non-structural living shoreline approaches were considered but eliminated due to extreme wave energy at the site.

The proposed living shoreline design minimizes impacts to aquatic resources by:  limiting channelward encroachment to the minimum necessary for stable embayment geometries; incorporating eight (8) smaller nearshore breakwaters at lower crest elevations (+0.0 feet MHW) to reduce the overall structural footprint; designing nearshore breakwaters to capture naturally drifting sands and reduce imported fill volumes; utilizing minimum allowable breakwater slopes per State of Maryland requirements; and designing all elevations to accommodate 50-year sea level rise to avoid future re-construction.

The living shoreline approach would maintain natural shoreline habitats, although create manmade rock structures which are not natural to the bay.

COMPENSATORY MITIGATION:  The applicant states that the project is voluntary and grant-funded (by the National Fish and Wildlife Foundation) and is not associated with development or any regulatory requirements, including compensatory mitigation.  The property is protected by a perpetual conservation easement, ensuring long-term preservation of the restored shoreline and associated habitats.  No compensatory mitigation is proposed by the applicant at this time.

The application materials support that the project is an optimal means to stabilize the shoreline with least environmental impacts.  The Corps will evaluate whether compensatory mitigation may be required.

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 State Historic Preservation Office and/or Tribal 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.

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 (NMFS) 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 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 listed in Table 2.  No other Endangered Species Act (ESA)-listed species or critical habitat will be affected by the proposed action.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.  The Corps is the lead federal agency for ESA consultation for the proposed action.  Any required consultation will be completed by the Corps.

This notice serves as request to the 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 may adversely affect Essential Fish Habitat and/or fisheries managed by Fishery Management Councils and the NMFS.  Implementation of the proposed project would directly impact approximately 2.1 acres of intertidal beach and 4.9 acres of subtidal unvegetated sandy bottom.  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 in Table 3:

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 in accordance with Section 401 of the Clean Water Act.

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, United States 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 April 24, 2026.  Comments should be submitted electronically via the Regulatory Request System at https://rrs.usace.army.mil/rrs.  The Corps point of contact for this project is Christopher Spaur at christopher.c.spaur@usace.army.mil.  Alternatively, you may submit comments in writing to the Commander, United States Army Corps of Engineers, Baltimore District, Attention:  Christopher Spaur, Regulatory Division, 2 Hopkins Plaza, 02-E-08 Baltimore, MD 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.