Public Notice
Applicant: Published: December 10, 2025
Daniel Donaldson Expires: January 9, 2026
Flag Harbor, LLC
PN-25-46
Baltimore District
Permit Application No. NAB-2025-60544-TREC
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 (DA) 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:
EXISTING CONDITIONS: The site is an active marina and channel used for recreational navigation in and out of Flag Harbor. There are existing stone jetties on each side of the channel; the northern jetty extends approximately 700 feet from the mean high water shoreline and the southern jetty extends approximately 500 feet from the mean high water shoreline. The Flag Harbor channel has silted in at the entrance and in areas around the channel that requires dredging to maintain access. Sections of the southern jetty are overtopped by high tide and require repairs to reinforce and increase the elevation of the existing structure to prevent sand from transitioning into the channel to decrease the frequency of dredge events. The proposed footprint of the dredging area was previously authorized under DA permit NAB-2019-00406-P12 on December 6, 2019. Calvert Beach to the south of the southern jetty that has previously received clean sand material for nourishment and has since receded. The proposed area for beach nourishment was previously authorized under DA permit
NAB-2012-60430-M30 on June 4, 2012.
Basic: To dredge and maintain navigable access to Flag Harbor.
Overall: To dredge and maintain navigable access to Flag Harbor and enhance beach habitat and recreational access at Calvert Beach.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The project has been designed to avoid and minimize impacts to waters of the United States to the maximum extent practicable.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: Compensatory mitigation is not being proposed by the applicant for impacts to open water and no wetland impacts are proposed. The proposed dredging footprint is within the previously authorized footprint of DA permit NAB-2019-00406-P12 and the proposed beach nourishment is within the previously authorized footprint of DA permit NAB-2012-60430-M30.
CULTURAL RESOURCES: The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 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 Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the State Historic Preservation Office and/or Tribal Historic Preservation Office.
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 (IPaC), National Marine Fisheries Service (NMFS) Section 7 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 will not affect any listed species or critical habitat.
Table: Endangered Species Act-listed species and/or critical habitat potentially present in the action area.
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Species Common Name and/or Critical Habitat Name
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Scientific Name
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Federal Status
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Northeastern Beach Tiger Beetle
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Habroscelimorpha dorsalis dorsalis
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Threatened
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Puritan Tiger Beetle
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Ellipsopera puritana
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Threatened
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Atlantic sturgeon
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Acipenser oxyrinchus oxyrinchus
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Endangered
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Shortnose sturgeon
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Acipenser brevirostrum
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Endangered
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Green sea turtle
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Chelonia mydas
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Threatened
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Kemp’s ridley sea turtle
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Lepidochelys kempii
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Endangered
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Leatherback sea turtle
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Dermochelys coriacea
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Endangered
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Loggerhead sea turtle
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Caretta caretta
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Threatened
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This notice serves as request to the United States Fish and Wildlife Service and 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.
The Corps intends to initiate Essential Fish Habitat consultation separately from this public notice. A separate Essential Fish Habitat consultation package will be sent to the NMFS. The Corps will not make a permit decision until the consultation process is complete.
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: A Water Quality Certification may be required from the Maryland Department of Environment.
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 January 9, 2026. Comments should be submitted electronically via the Regulatory Request System at https://rrs.usace.army.mil/rrs or to Ms. Ms. Meg Fullam at meghan.e.fullam@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Baltimore District, Attention: Ms. Meg Fullam, 2 Hopkins Plaza Baltimore, Maryland 21201. 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.