PUBLIC NOTICE
Baltimore District Published: July 21, 2026
Permit Application Expires: August 20, 2026
No. NAB-2026-60528-M30
PN-26-24
Interested parties are hereby notified that the United States 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), 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.
PROPOSED ACTIVITY: The applicant is requesting a Department of the Army permit to protect shoreline and residences from erosion due to sea level rise and tidal surge with associated wind-driven waves by breaking waves offshore, away from infrastructure, and allowing a perched beach to form naturally and restore oyster reef habitat. The project is proposed as two phases of breakwater structures.
Phase 1: to construct two approximately 41-foot (ft) wide by 114-ft long, 5-ft high hybrid breakwater structures consisting of a total of 82 recycled bridge girders, recycled concrete, and riprap stone surrounded with at least 224 oyster bags all extending no more than 112 ft from the mean high water shoreline impacting approximately 9,394 square feet of intertidal open water habitat.
Phase 2: to construct 36 19-ft wide by 26-ft long reef pods interspersed each consisting of approximately 7 recycle bridge girders and 100 oyster bags for a total of 252 bridge girders and 3,600 oyster bags all extending no more than 300 ft channelward of the mean high-water shoreline impacting approximately 17,784 square feet of intertidal open water habitat.
MITIGATION: The applicant is not proposing mitigation to offset the impacts to intertidal open water habitat; however, the applicant is proposing to monitor the site for a period of 5-years to ensure the project is stable and identifying benefits of the proposed hybrid reef structures including water quality improvements, habitat enhancements, and shoreline protection. 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 evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act utilizing 36 CFR § 800 and program-specific regulations and procedures found at 33 CFR § 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the USACE’s permit area; therefore, there would be no historic properties affected. The USACE will request concurrence with this determination from the State and/or Tribal Historic Preservation Officers.
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 is not likely to adversely affect a threatened or endangered species or designated critical habitat. USACE will complete the required consultation under Section 7 prior to finalizing a permit decision.
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 not adversely affect Essential Fish Habitat at the project location or in its vicinity. The USACE will consider comments from this public notice, including any comments provided by the National Marine Fisheries Service, regarding the need to consult.
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 Department of the Environment 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.
NATIONAL WILD AND SCENIC RIVERS: Coordination with the United States Forest Service may be initiated pursuant to Section 7 of the Wild and Scenic Rivers Act
(16 U.S.C. § 1278).
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, 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 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 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 August 20, 2026. Comments should be submitted electronically via the Regulatory Request System at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit comments to Ms. Erica Schmidt at erica.schmidt@usace.army.mil or U.S. Army Corps of Engineers, Baltimore District, Attention: Ms. Erica Schmidt, 2 Hopkins Plaza, Baltimore, MD 21201. Please refer to “NAB-2026-60528-M30” in your comments.