PUBLIC NOTICE
Baltimore District Published: August 10, 2026
Permit Application Expires: September 9, 2026
No. NAB-2025-61597-TREC
PN-26-26
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) 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.
PROPOSED ACTIVITY: The applicant is requesting a Department of the Army permit to construct a stormwater wetland, living shoreline, and community boardwalk, as described below. The Smith Cove project is a single and complete project proposed as part of the Middle Branch Resiliency Initiative, the environmental restoration program under the Reimagine Middle Branch masterplan.
Stormwater Wetland: To create a stormwater wetland area by constructing a stone berm with a maximum encroachment of 220 linear feet (lf) channelward of mean high water with 2.17 acres of deep pool areas and 3.41 acres of created tidal wetland. The stone berm would have a 6-foot (ft) wide crest at elevation +3.5-ft NAVD88 constructed of coarse stone core and 75% cobble/25% sand surface. An 815-lf composite sheet pile wall is proposed at the end of the berm adjacent to the deep pool. The proposed wall would include a 300-ft wide low flow weir at elevation +1.5-ft NAVD88 to assist dewatering during smaller storm events and a 100-ft wide weir spillway at elevation +2.25-ft NAVD88 to pass storms larger than the water quality (1 inch) rainfall event. The proposed facility would provide 15.68 acre-ft of water quality treatment. A polypropylene liner would be installed from the permanent pool elevation of +1.5-ft NAVD88 and extend 4 ft below the bottom pool elevation to serve as impermeable line and separate stormwater and tidal waters. Native species tolerant to periodic tidal backwash would be planted within the stormwater facility. A 12-ft wide permanent maintenance road with an access point from Waterview Avenue is proposed along the entirety of wetland areas and would also serve as a safety bench.
Living Shoreline: Discharge stone to bolster existing stone sills to proposed top elevation of +2.2-ft Mean Low Water (MLW), which is approximately 1 ft above mean high water. The marsh terrace for the northern half of the living shoreline would consist of high marsh (Spartina patens) sloping at approximately 10:1 (horizontal: vertical) and tying into the proposed grading of the Westport Capital Development Project. The marsh terrace along the southern half of the living shoreline would consist of low marsh (S. alterniflora) flat at mean high water and high marsh (S. patens) sloped at approximately 8:1, tying into the proposed grading of Westport Capital Development project. A gently sloping (approximately 70:1) marsh terrace would be planted with low and high marsh (S. patens and S. alterniflora) from +0.7-ft MLW to 0.0-ft MLW, where the proposed boardwalk crosses the living shoreline channelward of the berm. Woody debris features are proposed to be placed throughout the constructed cove for additional stability and habitat creation. The easternmost stone sill would be at elevation +4.2-ft MLW to tie into the proposed stormwater berm and sheet pile wall. In total, the living shoreline would involve 38,884 sf (0.89 acre) marsh plantings and 12,940 sf (0.30 acre) stone sills.
Boardwalk: Construct a new 15.25-ft wide timber boardwalk to support two-way bi-modal (pedestrian and bicycle) mobility and provide ADA-accessibility. The proposed boardwalk would be elevated approximately 7 ft above MLW, supported by timber piles. Approximately 307 feet of the 652-foot boardwalk would be constructed over wetland and marsh areas. Open decking would be used to allow maximum light penetration for planted vegetation within the proposed stormwater wetland and living shoreline.
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.
As part of the planning process for the proposed project, steps were taken to ensure avoidance and minimization of impacts to aquatic resources to the maximum extent practicable based on the existing site conditions. The proposed project would enhance existing wetlands; therefore, complete avoidance is not feasible. Through several design iterations, the applicant has realigned the overall footprint of the proposed project to minimize impacts to navigable waters while providing ecological benefits to existing degraded non-tidal wetlands.
Erosion and sediment control features would be installed per the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control manual. The site would be accessed by land and by water. Staging and stockpile areas would be located in open lawn space and adjacent to the access roads. All stockpiles would be wrapped in silt fence to prevent sediment laden runoff from the project site from entering the waterway. The proposed berm would initially be constructed with a 22-ft top width to serve as a construction access road. All excavated material would be utilized onsite as fill in proposed wetland areas. Following the final berm top layer and fine grading of the stormwater wetland, wetland areas would be prepared with wetland soil as necessary and plantings installed per the approved planting plan and during the appropriate calendar period.
Although the proposed project would result in the loss of tidal open water area, the applicant asserts that the overall improvements to water quality, shoreline stabilization, habitat diversity and quality, and public space as a result of the proposed improvements represent an overall ecological enhancement and public benefit, making the project self-mitigating. The applicant proposes the creation of 90,069 sf (2.07 acre) of non-tidal wetland, 24,343 sf (0.56 acre) tidal high marsh, and 14,541 sf (0.33) tidal low marsh habitat as part of the project.
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 a threatened or endangered species or designated critical habitat. USACE will complete the required consultation under Section 7 prior to finalizing a permit decision.
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: 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, 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 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 September 9, 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 Alexandra Ryan at alexandra.ryan@usace.army.mil or U.S. Army Corps of Engineers, Baltimore District, Attention: Alexandra Ryan, 2 Hopkins Plaza, Baltimore, Maryland 21201. Please refer to NAB-2025-61597-TREC in your comments.