Vol. 28, No. 15 ● December 18, 2020
Proposed MDSPGP-6 Out for Public Comment
The U.S. Army Corps of Engineers has issued a draft of the Maryland State Programmatic General Permit 6 (MDSPGP-6), in preparation for the expiration of the MDSPGP-5 in September 2021. Wetland Studies and Solutions, Inc. (WSSI) has reviewed the draft MDSPGP-6 and noted the pertinent changes below. The window for public comment on the proposed regulation closes December 23, 2020.
Proposed Changes
The most significant change for development projects is the proposed elimination of temporary impacts counting toward impact thresholds for Category B activities. Currently, under the MDSPGP-5, both temporary and permanent impacts count toward the impact thresholds for Category A and B activities, but this would change for single and complete projects for Category B activities under the MDSPGP-6. For example, under proposed changes to Activity e(9) Residential, Commercial, and Institutional Development Activities, only permanent impacts would count toward the 0.5-acre and 1,000 linear foot threshold for authorization as a Category B activity under the MDSPGP-6. This proposed change to loss thresholds would result in unlimited acreage for temporary impacts (such as utility line installation) provided no more than minimal adverse impacts are proposed.
A cypress swamp in Salisbury, Maryland
Other modifications include:
addition of a new activity for Aquatic Habitat Restoration, Enhancement, and Establishment Activities Conducted as Compensatory Mitigation for Losses Authorized under the MDSPGP-6;
the proposal of additional terms and conditions for Living Shoreline Activities (i.e., changing Tidal Marsh Creation to Living Shorelines and requiring coir logs, coir mats, stone, native oyster shell, native wood debris, and other structural materials to be adequately anchored);
the relocation of certain activity-specific conditions into general conditions due to their applicability across multiple activities; and
the removal of repetitive language where appropriate.
WSSI Can Help
If you have questions regarding the proposed MDSPGP-6 and how it may affect your projects, please contact Mike Klebasko in our Maryland office.
Comments
Comments are due December 23, 2020, and should reference Corps File Number NAB-2020-00415. They can be submitted by email or through postal mail:
Donald Bole
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
2 Hopkins Plaza
Baltimore, MD 21201
More information about this process is available on the Baltimore District’s Public Notice website.
*Category A activities are generally minor impacts with less than 5,000 square feet of wetland impact and less than 200 linear feet of stream impact. Category B activities exceed one or both of the Category A thresholds but do not exceed 0.5 acre of cumulative wetland and stream impact.