Restoration and Regulation Discussion Presented by: Wetlands and Waterways Program Maryland Department of the Environment Coordination Meeting March 12, 2013 Frequently, presenters must deliver material of a technical nature to an audience unfamiliar with the topic or vocabulary. The material may be complex or heavy with detail. To present technical material effectively, use the following guidelines from Dale Carnegie Training®.   Consider the amount of time available and prepare to organize your material. Narrow your topic. Divide your presentation into clear segments. Follow a logical progression. Maintain your focus throughout. Close the presentation with a summary, repetition of the key steps, or a logical conclusion. Keep your audience in mind at all times. For example, be sure data is clear and information is relevant. Keep the level of detail and vocabulary appropriate for the audience. Use visuals to support key points or steps. Keep alert to the needs of your listeners, and you will have a more receptive audience.

Issues Need for Timely Completion of Restoration Projects Need for Complete and Accurate Permit Applications and Compliance with Requirements to Issue Authorizations In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

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 In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Waterways Construction Act of 1933 Tidal Wetlands Act of 1970 Nontidal Wetlands Act of 1989 In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Alternatives Analysis Concept applies across all three statutes and regulations for reducing adverse impacts to: Regulated resources and their continued ability to provide desirable functions; and Other factors required to be considered and that may be affected by proposed project In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Best Interests of State In addition to water quality and habitat, considerations include: Economic Developmental Recreational Scenic/Aesthetic Marine Commerce Navigation In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Best Interests of State cont. Loss of life or high value property Increase risk of flooding on other property Danger from natural hazard Historic property In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Sources of Conflict 1) Nature of the project: Goals, Objectives, Site 2) Conflicting resource goals: Site, Other Requirements, Design 3) Method of accomplishing the project: Design, Construction, Post- construction 4) Functions of the existing resource: Site In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Alternative site analysis (other property) Includes: Alternative site analysis (other property) Onsite avoidance and minimization (how and where project is accomplished on subject property) In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Concerns have been raised about restoration projects being reviewed in same way as development projects. Statutes and regulations generally do not distinguish between project types. In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Extent of the proposed impact; Condition and function of the resource; As with development projects. Improperly located, poorly designed, and/or constructed restoration projects can also be damaging to water resources functions and statutory/regulatory considerations. The amount of detailed information required for the alternatives analysis is usually based on: Extent of the proposed impact; Condition and function of the resource; Other mandated considerations In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Restoration projects that are shown with supporting information to be: Sited in appropriate locations; Designed properly; and Constructed with minimal disturbance Will readily meet review requirements and be promptly authorized. In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Alternative Site Analysis The analysis should answer the questions: How was site selected? What other sites were considered? Why was site chosen over others? What would the impacts and benefits be on other sites? In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Watershed Plans Can Answer Previous Questions For example: Refer to prioritized list of sites in MS-4 plan and show how proposal is ranked Proposal may face challenges if omitted, is low priority; or contrary to watershed plan priorities In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Onsite Avoidance and Minimization Analysis Restoration projects that are not properly located, designed, or constructed may result in unnecessary degradation to other valued benefits All applicants are expected to avoid adverse impacts where practicable, or, If not practicable, reduce the adverse impacts as much as possible In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Analysis should describe: How impacts were reduced and why further reductions are not feasible; What constraints, if any, exist to prevent reduction of impacts; and What attempts were made to overcome constraints More documentation may be required. In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Common Avoidance and minimization Actions include: Locate project on another part of the property Reduce the size and scope of the project Re-design or re-configure the project Use different construction techniques or materials In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Reduce the size and scope of the project Smaller area of impounded water Lower water level, to prevent undesirable change in plant community Remove encroachment into navigation channel In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

RE-design or Re-configure the Project. Questions are: Can the structure dimensions and secondary impacts (e.g. area and depth of impounded water be reduced? Will the design sustain the 100-year storm flows? Note: the smallest structure or disturbance for accomplishing a self- sustaining project are generally preferred In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Design Does the design adequately consider site- specific characteristics, including hydrology? Are there impacts to regulated resources? If so, are the impacts: Considered harmful to existing resources, whether onsite or offsite? Does the design address the cause of the problem? In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Design cont. In conflict with other requirements, conservation goals, standards, or laws? Necessary to accomplish the goals of the project? Is a structure requiring active operation required? If so, who will maintain and operate it? What may occur if the structure fails or is operated improperly? In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Lower sill surrounding a tidal wetland Results of Re-Design Lower sill surrounding a tidal wetland Instream, low profile weir rather than berm in wetland/floodplain Upgrade or retrofit existing structure in place on new project In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Use Different Construction Techniques or Materials Remove accumulated sediment prior to dam removal Operate equipment from existing road rather than constructing new access road Avoid use of gabion baskets In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Constraints to Avoidance and Minimization If an applicant states that certain constraints that further avoidance and minimization, agencies may require documentation indicating that attempts were made to overcome constraints. Constraints may include: Cost Local design standards Health/safety requirements; and Other water/natural resources considerations In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Attempts to Overcome Constraints Documentation of other requirement Documentation of attempt to seek waiver from other requirement Financial information More expensive alternative may still be required In your opening, establish the relevancy of the topic to the audience. Give a brief preview of the presentation and establish value for the listeners. Take into account your audience’s interest and expertise in the topic when choosing your vocabulary, examples, and illustrations. Focus on the importance of the topic to your audience, and you will have more attentive listeners.

Maryland Department of the Environment Wetlands and Waterways Program Determine the best close for your audience and your presentation. Close with a summary; offer options; recommend a strategy; suggest a plan; set a goal. Keep your focus throughout your presentation, and you will more likely achieve your purpose. 1800 Washington Boulevard | Baltimore, MD 21230-1718 410-537-3000 | TTY Users: 1-800-735-2258 www.mde.state.md.us