PN-26-12 NAB-2025-61300-M51 (US APG Naval Research Laboratory-Blossom Point/Living Shoreline)

                                                                                                                                                                                                                            PUBLIC NOTICE
                                                                                                                                     
                                                                                                                                     Baltimore District                                                                                                                               Published:  April 10, 2026
                                                                                                                                     Permit Application                                                                                                                                  Expires:  May 10, 2026
                                                                                                                                     No.  NAB-2025-61300-M51
                                                                                                                                     PN-26-12
                                                                                                                                     

Interested parties are hereby notified that the U.S. Army Corps of Engineers (USACE), Baltimore District 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 and information necessary to evaluate the probable impact on the public interest regarding the proposed activity as described below and as shown on the enclosed drawings.

APPLICANT:    Michael Manion
                          USAG APG Dir Public Works
                          6504 Rodman Road
                          Building 4304
                          Aberdeen Proving Ground, MD 21005

LOCATION OF PROPOSED ACTIVITY:  The project would affect waters of the United States and navigable waters of the United States associated with Nanjemoy Creek and Potomac River. The project/review area is located at 10050 Blossom Point Road in Welcome, Charles County, Maryland (Latitude 38.411940 and Longitude -77.107500).

PROPOSED ACTIVITY:  The applicant is requesting a Department of the Army permit to construct approximately 6,700 linear feet of living shoreline using 21 stone breakwaters totaling approximately 6,500 linear feet, backfilled with approximately 35,797 cubic yards (cyds) of sand fill and planted with 8.6 acres (ac) of marsh vegetation; and to construct 10,848 square feet of green riprap (stone interplanted with coastal shrub vegetation); all work extending a maximum of 85 ft channelward of the approximate mean high water shoreline.

All work is proposed in accordance with the attached plans as prepared by Bayland Consultants & Designers, Inc., dated January 2026.  Please refer to Table 1 (below) for a summary of aquatic resource impacts:

Table 1 Aquatic Resource Impacts

MITIGATION:  The applicant has provided the following information to explain how impacts to waters of the United States associated with the proposed activity are to be avoided, minimized, and compensated for.

The project design aims to balance the benefits of shoreline protection and marsh creation with the impacts to aquatic resources experienced at the site.  Some strategies that were used to reduce impacts to aquatic resources include:  (a) Providing a large area of low marsh, which will serve aquatic resources; (b) Tied-in the marsh terrace at a +5 feet mean low water elevation instead of at the top of the existing bank to reduce fill into tidal waters; (c) Keep the breakwater to the smallest footprint needed to achieve the shoreline and marsh protection needed for the wave exposure; (d) Provide gaps in the structure to continue to allow aquatic resources to travel into and out of the marsh and use the open bays created between the structures; (e) Utilize green rip-rap along the most severely eroded banks in lieu of a larger marsh terrace to limit encroachment into tidal waters while still protecting the toe of the bank.

The applicant has not proposed mitigation and has provided the following explanation why compensatory mitigation should not be required:  Though the project is proposing impacting approximately 13.1 ac of shallow water habitat, the majority of this area
(11.5 ac) will be used to create stone breakwaters and a tidal marsh terrace, both of which have been shown to benefit aquatic resources.  The additional 1.6 ac will act as a marsh corridor to help the marsh adapt to future conditions for coastal resiliency.  Once the project matures, the project is expected to provide net-positive benefits to the aquatic ecosystem.

The USACE will determine the type and amount of compensatory mitigation necessary to offset losses of waters of the United States which may result from the proposed activity in accordance with 33 CFR § 332.

HISTORIC PROPERTIES/CULTURAL RESOURCES:  Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. § 306108), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officers to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places.

The USACE 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.

The USACE’s final eligibility and effect 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, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the USACE-identified permit area.

ENDANGERED SPECIES:  Section 7 of the Endangered Species Act (16 U.S.C. § 1536) requires federal agencies to consult with the National Marine Fisheries Service and/or United States Fish and Wildlife Service on all actions that may affect a species listed (or proposed for listing) under the Endangered Species Act as threatened or endangered or that may adversely modify designated critical habitat (or critical habitat proposed such designation).  USACE’s preliminary review indicates the described activity may affect one or more threatened or endangered species listed in Table 2.  USACE will complete the required consultation under Section 7 prior to finalizing a permit decision.

Table 2 Endangered Species Act -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:  Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act as amended (16 U.S.C. § 1855), requires Federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat.  Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the USACE reviewed the project area, examined information provided by the applicant, and consulted available species information.  The USACE’s preliminary review indicates the described activity would adversely affect Essential Fish Habitat at the project location or in the vicinity.  The USACE will complete the required consultation under Section 305(b)(2) prior to finalizing a permit decision.

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 U.S.C. § 408) because the activity, in whole or in part, would not alter, occupy, or use a USACE Civil Works project.

WATER QUALITY CERTIFICATION:  An Individual Water Quality Certification may be required from the Maryland Department of the Environment pursuant to Section 401 of the Clean Water Act (33 U.S.C. § 1341).

COASTAL ZONE MANAGEMENT:  A federal consistency decision may be required from the state of Maryland pursuant to Section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451).  A permit for the described work will not be issued until a consistency decision has been issued from the state of Maryland, if required.

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 USACE jurisdiction has not been verified by USACE 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, aesthetics, 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 (EPA), under authority of Section 404(b) of the Clean Water Act.  A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS:  The USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Tribal Nations; and other interested parties in order to consider and evaluate the impacts of this proposed activity.  Any comments received will be considered by the USACE to determine whether to issue, modify, condition, or deny a permit for this proposed activity. 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.  Any comments or objections which are received during this period may be forwarded to the applicant for possible resolution before the determination is made whether to issue or deny the requested permit.  Please note that all comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act.

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.

The Baltimore District will receive written comments on the proposed activity, as outlined above, until May 10, 2026.  Comments should be submitted electronically via the Regulatory Request System at https://rrs.usace.army.mil/rrs/public-notices.  The USACE point of contact for this project is Ms. Megan Spindler at megan.l.spindler@usace.army.mil.