Maryland Department of the Environment

Restoration and Regulation DiscussionPresented by:

Wetlands and Waterways Program

Maryland Department of the Environment

Coordination Meeting

March 12, 2013

Need for Timely Completion of Restoration Projects

Need for Complete and Accurate Permit Applications and Compliance with Requirements to Issue Authorizations

Issues

Practitioners Have Expressed Frustration with Need

for Permits, Information Requirements, and Delays

Regulatory Agencies Have Expressed Frustration at Poor Coordination, Incomplete Applications, and Projects that Fail to Comply with Requirements

Purpose and Need

Project Purpose – Reason for doing a project

Goals- Overall desired outcome of a project

Objectives-Specific actions to accomplish the goal

Purpose and Need

• Request Pre-application meeting, JE presentation and site visit

• In coordination, determine suitability of site and need for restoration

• In coordination, reach consensus on project purpose, goals, and objectives

• Most effective approach for reducing review times and information requirements

Purpose and Need cont.

• Process is more lengthy and demanding of applicants and regulators when application submitted without coordination

• Many questions may be raised and additional information requested

Questions Related to Purpose and Need

Why the applicant is proposing the project?

What is the need for this project? Is there actually a problem?

Briefly mention how the project purpose supports existing and current larger-scale (Statewide, regional, watershed) plans or policies, if applicable.

Broadly defined, purpose, goals and objectives in a project purpose will result in analysis of alternatives at other locations with fewer impacts.

Detailed and specific purpose, goals and objectives will limit alternatives that may have fewer adverse impacts on regulated resources.

Questions Related to Goals, Objectives

• What are the project goals, and how will this particular project accomplish the goals?

• Is the site degraded and a good candidate for meeting project goals?

• What are the resource impacts resulting from this project?

• What is the desired outcome of the completed project?

Project Purpose Example

Very broad project purpose may result in analysis of alternatives at other locations with fewer impacts

Example: “Improve water quality in X watershed.”

Example: “Improve water quality in X watershed.”

Is there a water quality problem in the watershed?

What is nature and extent of water quality problem?

Why is restoration proposed at this particular proposed project site?

Is there a problem at the proposed site?

• How was the water quality problem determined?

• Where is the source of the problem that degrades the proposed site?

• Are there alternative locations (e.g. upland) elsewhere in the X watershed with less adverse impact and greater need for restoration?

Example: “Improve water quality in X watershed by reducing sediment in XY Branch.”

How was sediment determined to be a problem in XY Branch?

What is the source of the sediment problem?

Are there alternatives (e.g. upland) elsewhere in the watershed of XY Branch with less adverse impact?

Example: “Improve water quality of XY Branch by stabilizing eroding banks to reduce erosion and sediment entering impaired X watershed.”

What method was used to determine that banks are eroding?

Are the eroding banks causing a problem of excess sediment, or is the sediment part of the normal bedload?

Example:

“Stabilize 500 feet of eroding banks of XY Branch using regenerative stormwater conveyance and riparian plantings to reduce sediment in impaired X watershed. Project named in MS-4 watershed plan for County. Temporary disturbance for access is 5000 square feet of forested wetland and floodplain.”

Combines project purpose, need, technique, and amount of impact. All of the information in this statement is necessary for application review, but not all of it is the project purpose.

Example: “Stabilize 500 feet of eroding banks of XY Branch to reduce sediment, raise IBI score from fair to good and increase trout populations using regenerative stormwater conveyance and riparian plantings using backhoe and 50 foot wide temporary road for construction access through forested wetland and floodplain in impaired X watershed. Project named in MS-4 watershed plan for ___County.”

Combines project purpose, description of techniques, amount of impact but adds performance standards that may not be achievable and result in project being considered failure.

Regulatory agencies may make independent determination of project purpose and structure review based on the determination.

1800 Washington Boulevard | Baltimore, MD 21230-1718410-537-3000 | TTY Users: 1-800-735-2258

www.mde.state.md.us

Maryland Department of the Environment

Wetlands and Waterways Program