US Army Corps of Engineers

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Restoration and Regulation Discussion

Joseph P. DaVia

US Army Corps of Engineers-Baltimore

Chief, Maryland Section Northern

March 12, 2013

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Presentation Overview

Coordination with MDE

Types of Department of the Army (DA) permits

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

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

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 permit applications

No 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

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 the permit process

Cost 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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