Restoration and Regulation
Discussion
Joseph P. DaVia
US Army Corps of Engineers-Baltimore
Chief, Maryland Section Northern
March 12, 2013
US Army Corps of Engineers
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Presentation Overview
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Coordination with MDE
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Types of Department of the Army (DA) permits
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Issues & Challenges

Actions to Improve the Permit Process
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Baltimore District
Regulatory Boundaries
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Clean Water Act Section 404
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Permit required from the Corps to discharge
dredged or fill material into waters of the US
Stream restoration, TMDL, or SWM projects in
perennial, intermittent, and ephemeral streams,
and jurisdictional wetlands: DA permit required
Corps level of involvement in project review is
commensurate with the degree of impact
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Clean Water Act Section 404
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Alternatives analysis is the centerpiece of the 404 review
Identify the practicable alternative which has the least
adverse impact on the aquatic ecosystem (e.g.,
wetland/waters)
Practicable means available and capable of being done
taking into consideration cost, existing technology, and
logistics in light of overall project purposes
Two part test: 404 and Corps public interest review
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Coordination with MDE
 Joint Federal/State permit process
► Coordinated
project reviews
► Office/field meetings
► Public notice
► Joint Evaluation Meetings in Annapolis
► Public hearings
► Consistent permit decisions and conditions
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Coordination with MDE
 MDE morning presentations
► Purpose
and need
► Alternative
analysis
► Documentation
requirements
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Types of DA Permits
 Nationwide Permit (NWP)
 Department of the Army Maryland State
Programmatic General Permit (MDSPGP-4)
 Standard Permits
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NWP 27 - Aquatic Habitat Restoration,
Establishment, & Enhancement Activities
 No acreage limit, but the terms limit the types of activities
authorized
 Activities must result in net increase in aquatic resource
functions and services
 Coordination with NMFS on coastal plain streams (MD)
 Coordination with other Agencies is optional (MD)
 Other NWP 27 requirements for Pennsylvania
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NWP 27-Aquatic Habitat Restoration,
Establishment, & Enhancement Activities
 Applicant must demonstrate/document in the permit
application and supporting info how the terms and
conditions of the NWP are met, including how the project
will achieve a net increase in aquatic resources functions
and services over the existing conditions
 Applicants required to coordinate w/SHPO, FWS, and
appropriate State agency…See Regional Condition 31a.
 Functions: physical, chemical, biological processes that
occur in aquatic ecosystems
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NWP 27-Aquatic Habitat Restoration,
Establishment, & Enhancement Activities
 Pre-Construction Notification (PCN) required for all NWP
27 activities in the Baltimore District
 Does not authorize conversion of a stream or wetlands
to another aquatic habitat type, stream channelization, or
the relocation or conversion of tidal waters, including
tidal wetlands to other aquatic uses (e.g., conversion of
tidal wetlands into open water impoundments)
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What is Causing Project Delay?
 Incomplete
 No
permit applications
alternatives analysis
 Changes
to stream hydrology (e.g., sediment
transport reach to aggradation reach)
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What is Causing Project Delay?

Projects resulting in a change from palustrine forested
wetlands, to palustrine emergent or scrub/shrub
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Projects proposing the construction of berms, dams,
or weirs across perennial streams, forested
floodplains, and adjacent wetlands, to impound/retain
water for stormwater management
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Actions
 If
practicable, move as far upstream in the
watershed to avoid impacts to waters of the
U.S.
 Focus
site selection on degraded systems,
not on relatively stable streams with mature
forested floodplains and adjacent wetlands
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Actions
 Corps
developed a simple flow chart on the
permit application process
 Corps
is developing an information checklist
for applicants seeking NWP 27 authorization
 Outreach
– such as this “venue”
 Joint
Federal/State permit application
revisions
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Actions
 Working
with the EPA Chesapeake Bay
Program Office, EPA R3 Regulatory, and
MDE to explore options for addressing
concerns and improving the permit process
 Applicants:
Involve the agencies early in the
planning process for your restoration project.
Agencies are accessible for pre-application
consultation
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Pre-Application Consultation
 Agencies
meet with the applicant in advance
of a permit application
 Agencies
offer input at the planning stages of
a project (field/office meeting)
 Discuss
documentation requirements and
alternatives that should be evaluated
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Pre-Application Consultation
 We
can provide guidance and preliminary
feedback regarding the regulatory feasibility,
and potential suggestions on alternatives that
could make the project more feasible
 We
can have a pre-app meetings for
restoration projects proposed for grant
funding
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Pre-Application Consultation
 Maryland
State Highway Administration TMDL
projects
 Evaluate
potential TMDL projects (e.g.,
stream restoration) to discuss site selection
and the permit process
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Pre-Application Consultation
 Expedites
 Cost
the permit process
and time savings to applicants
 Before
you invest time and resources, contact
the Corps and/or MDE to schedule a pre-app
meeting (both agencies need to be present)
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Pre-Application Consultation
 Monthly
Interagency Joint Evaluation (JE)
Meetings in Annapolis, Maryland – 4th
Wednesday of the month
 Federal/State
agencies participate in JE
 Recurring
meetings with MD counties [e.g.,
Baltimore, Anne Arundel, Harford, Allegany
Stormwater Committee]. Your county?
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