Maryland Department of the Environment Restoration and Regulation Discussion Presented 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

Supporting Information

As with development projects, improperly located, poorly designed and/or constructed restoration projects can also be damaging to water resource 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

Amount of information and extent of avoidance and minimization required depends on characteristics of resource and associated considerations i.e., less information may be required to justify a project in a site with poor condition and limited functional benefits; or other considerations Example is a project in a farm field vs. forested wetlands

Examples of Required Information Projects goals and objectives Project narrative and justification Resource characterization Alternatives analysis Hydrologic and hydraulic analysis Notification/permission of adjacent property owners Water quality data

Narrative and Justification Attachments or application form Site selection process Alternative site analysis Avoidance and minimization Describe how and why the resource will improve as a result of the restoration

Resource Characterization Description of Degradation that Would Benefit from Restoration Include references from other plans, monitoring efforts, and results from project site. Describe assessment method Include field data forms Wetland Biological and Stream Assessment Photographs Sensitive resource/SAV etc. surveys

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

Justify Design and Impacts Documentation that landowners affected by project have given permission for project to be established on, or affect their land Include provisions to address consequences of failure Plans- additional guidance under development Project shown in relation to all regulated resources Must be complete and legible

Provide clear, step-by-step description of construction methods Are there different construction practices with fewer impacts? Is there another access point with fewer adverse impacts What measures have been taken to avoid soil compaction? How will excavated material be disposed of?

Construction Methods cont. How will temporary disturbances be rectified? What measures will be taken to prevent spread of invasive species?

If Habitat is the Focus, Describe: Habitat requirements of the specific targeted species or general group of species; What habitat elements are lacking or minimal at the site; How the proposed project will successfully provide the habitat elements so that the desired species would increase at the site; Historic suitability of the site to support the species.

Performance Standards These should be: Achievable Measurable, and expected to occur when the project is built as designed within the monitoring period For habitat, may be more appropriate to use: physical chemical and/or biological features of habitat

Performance Standards Use of habitat features prevents project being deemed a failure if wildlife species do not return to certain thresholds within the monitoring period However, there should be a reasonable likelihood that the restored species would support the species over a period of time

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