PN-25-43 NAB-2022-61170-M50 (Karlatopoulos/Marina)

                                                                          PUBLIC NOTICE
                                                                                                                                  
                                                                                                                                   Applicant:                                           Published:  December 8, 2025
                                                                                                                                   Elizabeth Karlatopoulos                           Expires:  January 7, 2026
                                                                                                                                   PN-25-43
                                                                                                                                                                                                                                                                        Baltimore District
                                                                                                                                  Permit Application No.  NAB-2022-61170-M50

TO WHOM IT MAY CONCERN:  The Baltimore District of the U.S. 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:    Elizabeth Karlatopoulos
                          7868 Mill Creek Road
                          Benedict, Maryland 20612

AGENT:            Michelle Hipple
                          Ward’s Marine, Incorporated
                          200 Wards Road
                          Solomons, Maryland 20688

WATERWAY AND LOCATION:  The project would affect waters of the United States and navigable waters of the United States of the Patuxent River.  The project/review area is located along the western shoreline of the Patuxent River, from 0.63 to 0.88 miles south of the Route 231 Prince Frederick Road bridge.  The site is in Benedict; at Latitude 38.50414 and Longitude -76.681208; in Charles County, Maryland.

EXISTING CONDITIONS:  The site consists of a cove off the tidal Patuxent River, entrance channel from the river into the cove, and adjacent river shorelines outside the cove.  The cove was formerly a marina that has been inactive since approximately 2011, but with some continued boat and dock use.  Numerous former shore stabilization features, docks, and pilings remain in-place.  Historic records support that the marina basin and entrance channel were formerly dredged, but the full extent is uncertain.  The tidal range is 1.5 feet and monthly average water salinities range from approximately 7 to 11 parts per thousand.

PROJECT PURPOSE:

Basic:  To re-establish a marina, improve navigable access for vessels, stabilize eroding shorelines, and improve river shoreline access for people.

Overall:  To establish and maintain a marina with suitable water depths, docks, boat houses, boat ramps, and stable shoreline to serve the Benedict area.  Also to stabilize river shorelines and improve public access there.

PROPOSED WORK:  The applicant requests authorization for dredging of the former marina basin and entrance channel, removal/rehabilitation of derelict marina structures, shoreline stabilization, and new construction.  The entrance channel to be dredged would be 100 ft long by 30 ft wide to -5 ft depth mean low water, yielding 444 cubic yards of material.  The marina basin would be dredged over an area with maximum dimensions of 200 ft by 427 ft to depths ranging from -4 ft mean low water to -5 ft mean low water, yielding 8,740 cubic yards of material.  Marina features/amenities within the cove would include two boat ramps, two boathouses, multiple piers/docks, bulkheaded shoreline, and multiple mooring pilings.  Work on the river shoreline would include a jetty, structural shoreline stabilization features, piers, and living shorelines established by making beneficial use of clean sandy dredged material (see “Avoidance and Minimization” below).  Dredged material not suitable for beneficial use would be placed at Red's LLC, an approved disposal pit in Calvert County.  Mechanical maintenance dredging would be conducted periodically to maintain suitable water depths with clean sandy material placed on the shoreline, but with other material placed at an approved upland site.

Table 1  provides a summary of activities/features and aquatic resource impacts, and applicable Corps’ authority
 

*(Rivers Harbors Act Section 10 and/or Clean Water Act Section 404)

AVOIDANCE AND MINIMIZATION:  The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:  On the river shoreline east of the cove, the applicant would improve public access and habitat conditions utilizing living shoreline techniques and by making beneficial use of sandy dredged material to the degree the material is acceptable.  The Corps will develop a testing plan with other resource agencies (focusing on subsurface marina cove sediment) to verify whether the dredged material or a portion of it can be used beneficially in the aquatic environment.  If the material is found to be contaminated or consist of mud, then the applicant would instead dispose of the dredged material at Red's LLC, an approved disposal pit in Calvert County.

The applicant would construct two reaches of beach totaling 620 linear feet (LF) protected by offshore breakwaters, no more than 25 LF channelward of mean high water line.  The applicant would construct two reaches of marsh totaling 187 LF on sandy fill protected by gapped stone sill, no more than 10 LF channelward of the mean high water line.

COMPENSATORY MITIGATION:  The applicant has not offered to conduct compensatory mitigation for federally regulated impacts because no special aquatic sites would be affected.

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.

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 (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 any critical habitat will be affected by the proposed action.

Table 2:  ESA-listed species potentially present in the action area

Pursuant to Section 7 ESA, any required consultation with the NMFS 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 NMFS 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 NMFS.  Implementation of the proposed project would directly impact approximately 3.0 acres of estuarine unvegetated bottom.  The effects of the project are determined to be permanent but minimal.  These habitat(s) are utilized by the following species and their various life stages:

Table 3:  MSA Species Potentially Present in the Action Area

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 may be required from the State of Maryland.

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, EPA, 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 January 7, 2026.  Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Mr. Christopher Spaur at christopher.c.spaur@usace.army.mil.  Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Baltimore District, Attention:  Mr. Christopher Spaur, U.S. Army Corps of Engineers, Baltimore District, Regulatory Branch, 2 Hopkins Plaza, Baltimore, Maryland,
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.