In addition to the requirements of COMAR 26.24.02.02, an applicant proposing to maintenance dredge, or to dredge to maintain an existing use, in State or private tidal wetlands shall submit the following information at the time of application: A plan depicting the dimensions, including the existing and proposed depths and location of the main channel and all the spur channels proposed to be dredged; Quantity of material to be dredged; Documentation detailing when the site was last dredged and the dimensions of the channel, if applicable; Evidence of historical boat use since January 1, 1972; Texture characterization of material to be dredged; and Dredge material placement information in accordance with Regulation .03 or .05 of this chapter; Except for emergency dredging projects as determined by the Department, a map depicting: Current submerged aquatic vegetation populations within the area to be dredged, and a 500-yard buffer, if appropriate; Date of the submerged aquatic vegetation survey; Method of sampling; and Justification for classifying the proposed maintenance dredging as an emergency. The Department may recommend that a wetland license contain a condition to allow for periodic maintenance dredging of quantities less than 500 cubic yards. Required Information. In addition to the requirements of Regulations .03 and .05 of this chapter and COMAR 26.24.02.02, an applicant proposing to perform dredging in State or private tidal wetlands that have never been dredged shall submit the following information at the time of application: A description of the purpose for the dredging and a discussion of alternatives considered, including an evaluation of the no action alternative; A plan of the proposed project, showing the: Extent of the area to be dredged; Existing and proposed depths; Volume of material to be removed; Extent of tidal wetlands to be impacted; and Identification of a dredged material disposal site; The method of dredging and anticipated work schedule; and A map depicting current submerged aquatic vegetation populations within and adjacent to the area to be dredged, date of the submerged aquatic vegetation survey, and the method of sampling. Additional Information Requirements. Based on project size and scope, environmental sensitivity of the project site, and potential adverse impacts to tidal wetlands, the Department may, with notice to the applicant by telephone, letter, or meeting, require information in addition to that in §A of this regulation. The Department recommends that an applicant consult with the Department before developing and submitting the information listed in §B(2)—(5) of this regulation. A description of the predicted short-term and long-term impacts of dredging activities on water circulation, water quality, tidal wetland values, and aquatic biota may be required. Bathymetric Survey. A bathymetric survey of existing depths may be required. The survey shall reflect current conditions in the area to be dredged and shall be dated. The survey shall relate to mean low water (MLW) as 0.0 and be referenced to a recoverable vertical bench mark. Soundings may be poled or recorded by fathometer and shall be taken to an accuracy of 0.5 foot unless otherwise specified by the Department. The survey shall clearly identify low point elevations and shall extend 100 feet beyond the limits of the project or to the controlling depth contour in the adjoining waterway, whichever boundary leads to the larger survey area. Survey data shall be plotted on a grid at a minimum scale of 1 inch equals 100 feet with 1-foot contour intervals and spot elevations at a minimum of every 25 feet unless otherwise specified by the Department. The survey shall be referenced to two recoverable horizontal control points. A bathymetric survey of the project area upon completion of the authorized dredging may be required. A plan drawing may be required that includes property lines and their bearings, bathymetric survey data, the proposed alignment and bearing of navigation channels or permanent structures that extend into State waters, and horizontal and vertical control points. The plan shall be certified by a registered professional engineer or registered land surveyor unless otherwise specified by the Department. Provisions for monitoring and enhancing water quality may be required in accordance with applicable water quality standards established by the Department. Design Guideline Requirements. Dredging of channels, canals, and boat basins shall be designed to provide: Adequate flushing and elimination of stagnant water pockets; and A demonstrated public benefit. Navigational access projects shall when possible be designed to use piers to reach deep waters rather than to use dredging. Navigational access channels to serve individual or small groups of riparian landowners shall be designed to prevent unnecessary channels. A central access channel with short spur channels shall be considered over separate access channels for each landowner. Navigational access channels shall be designed to minimize alteration of State or private tidal wetlands. The channel shall provide a minimum width, length, and depth consistent with historic boating use or access. The channel alignment shall make maximum use of natural or existing channels and bottom contours. The alignment of the channel shall first avoid and then minimize impacts to shellfish beds, submerged aquatic vegetation, and vegetated tidal wetlands. When feasible, the alignment shall be located the maximum distance feasible from shellfish beds, submerged aquatic vegetation, and other vegetated tidal wetlands. New Channels. Channels through uplands, canals, or basins connecting to State waters for navigational access shall be considered only when the: Applicant is a riparian landowner who demonstrates a need for access to State waters; Proposed channel represents the smallest dimensions necessary to connect a basin created from upland, or is a public boat ramp to navigable waters if all other requirements of this subtitle are met; and Proposal is the best alternative means of providing reasonable access to navigable waters or no other alternative location exists that would cause less destruction or alteration of tidal wetlands. New channels shall be designed to comply with Maryland water quality standards and to avoid pockets of stagnant water having inadequate tidal flushing. The channel design shall include provisions for adequate water circulation. Upland excavation that would open to State waters shall be performed in the dry and the banks shall be stabilized through wetland creation or the placement of stone before a connection to tidal waters is made. Provisions shall be included in the design for protection of the channel or canal banks against erosion by waves and boat wakes. Dredging to obtain material for beach nourishment may be approved if an environmental analysis determines there will be no adverse impacts to the environment, and the requirements of Regulation .06 of this chapter are fulfilled. Dredging for sand, gravel, or fill material may be approved when an environmental analysis determines that there will be no adverse impact on the environment, and no alternative fill material is available. The use of explosives to create waterfowl potholes or to clear drainage blockages may be approved when an environmental analysis determines no significant impact to the surrounding habitat will occur, and when performed by a licensed expert. Dredging Prohibitions for New Dredging Projects. A person may not dredge for projects that are non-water-dependent. A person may not dredge by means of a vessel's propeller. A person may not dredge in shallow water areas 3 feet or less at mean low water unless: Historic boat use since January 1, 1972 is documented by: Photographs showing the presence of a functional pier, boat, or mooring, and a written report from the applicant that describes the types of boats, their draft, and dates of use at the site; A navigational chart or a bathymetric survey, certified by a professional engineer or land surveyor licensed under Maryland law, that verifies the water depth; National Oceanic and Atmospheric Administration navigation charts; State and federal permits and licenses for dredging projects issued since January 1, 1972; or Other information considered appropriate by the Department; The proposed channel represents the smallest dimensions necessary to connect a basin created from upland, or a public boat ramp to navigable waters if all other requirements of this subtitle are met; The proposed channel is necessary for construction of shore erosion control projects as described in COMAR 26.24.04.01; The proposed channel is necessary for construction of navigational improvement projects such as jetties or breakwaters; or Otherwise determined by the Department. Exemptions. Previously Approved Disposal Facility. The requirements of §§B—C of this regulation may be waived for a dredge disposal facility previously approved by the Department if it can be demonstrated that the facility is capable of adequately containing the dredged material. Before authorizing the use of a previously approved upland disposal facility, the Department may require: A written report stating that the facility is capable of accepting the volume of material to be dredged considering freeboard constraints, bulking, and remaining capacity; An evaluation regarding the safety and effectiveness of the facility to impound additional dredge material, and stability of outlet structures and embankments; and A currently approved soil conservation district plan. Landfills. Use of an existing landfill may be approved by the Department, and the requirements of §§B—C of this regulation may be waived, if the licensee submits: Documentation that the landfill proposed to be used is being operated in full compliance with local, State, and federal regulations; and Written approval from the landfill owner, or the owner's legal representative, accepting the quantity and type of material to be dredged. Nonforested Upland Fields. Use of nonforested upland fields may be approved by the Department, and the requirements of §§B—C of this regulation may be waived, if: The elevation of the dredge material is less than 3 feet in height; and The applicant submits: An approved sediment and erosion control plan from the soil conservation district; and Written approval from the property owner, or the owner's legal representative, accepting the quantity and type of material to be dredged. General Requirements. In addition to the requirements of Regulation .02 of this chapter and COMAR 26.24.02.02, an applicant proposing to dispose of dredged material on upland is required to submit the following information at the time of application: Grain size analysis; A detailed dredge disposal plan that includes the proposed disposal area and: Property lines; Existing and proposed topography and bathymetry; Mean high water line; Location of all tidal and nontidal wetlands and tributaries within 100 feet of any site disturbance; Limits of critical area buffers as defined in COMAR 27.01.09, COMAR 27.02.05, and the State-approved critical area program of a local jurisdiction; Stabilized access to the site; The method of dredge material transport to the disposal site, including the alignment of the pipe or the proposed route and staging areas as appropriate; Spillway location; Sediment and erosion control plan approval by the local soil conservation district; and A vicinity map identifying the area to be dredged, and the surrounding land areas and water bodies within 100 feet of any disturbance; Proof of ownership or right to use the disposal site, including: An executed deed conveying title of the site to the licensee; An executed easement; Written consent of the landowner; or A fully executed option agreement, long-term lease agreement, or contract sale of the site; Methods to ensure that water discharged from the disposal area does not adversely impact water quality, tidal wetlands, or aquatic habitat; Methods to protect waters during construction operation and dewatering; and Methods to control or divert runoff and erosion from upland disposal sites. Based on project size and scope, environmental sensitivity of the project site, potential adverse impacts to the environment, and the welfare and safety of the public, the Department may, with notice to the applicant by telephone, letter, or meeting, request the information in §C(1)—(5) of this regulation, in addition to other requirements of this subtitle. This information is required for all dredging projects proposing to dispose of hydraulically dredged material in a contained placement site. The Department recommends that an applicant consult with the Department before developing and submitting the following information listed in §C(1)—(5) of this regulation: Composition of dredge material; An analysis of alternative disposal methods, including beneficial uses and site selection; A geotechnical evaluation or more detailed report prepared in support of the project which: Demonstrates feasibility of the site for the intended use; and Provides geotechnical information regarding on-site soils intended for embankment construction, with the unified soil classification system being used to identify all materials intended for embankment construction, Provides geotechnical recommendations regarding the degree of embankment compaction to be achieved, design provisions to address hydrologic conditions at the site, and any other special provisions to address seepage control including the use of impermeable liners; Identifies the location and results of all soil borings taken along the centerline of the proposed embankment and the area from which embankment material will be obtained, with a sufficient number of soil borings being taken to evaluate material quality and availability. Summarizes all geotechnical sampling information shown on the design plans including construction requirements that address unique surface and subsurface conditions of the site; and References design standards; The type and settling characteristics of sediments to be dredged based upon the “Standard Method of Particle Size Analysis of Soils, AASHTO Designation T 88-90”, which is incorporated by reference as found in Standard Specifications for Transportation Materials and Methods of Sampling and Testing, Part II Tests, Fifteenth Edition, American Association of State Highway and Transportation Officials, (1990); and A detailed plan including: Notes related to vegetative stabilization, sediment and erosion control, and water quality; Temporary and permanent vegetative stabilization specifications; A detailed sequence of construction and operation; A water quality monitoring schedule; Discharge return route to tidewater and outfall protection; Drainage swales; Utilities; Sediment and erosion controls; Identified ecologic, archaeologic, or historic features; Limits of disturbance and stockpile areas; Cross section, height, and settlement of embankments; Stage-storage curves or table; Inflow point or points; Outlet structures and the barrel location in the embankment; Seepage controls; Details and dimensions of dewatering structure; Barrel type, size, and specifications and methods to obtain watertight joints; Signature and seal by a professional engineer licensed to practice in Maryland; Location of all subsurface borings; Date of plan or plan revision; and Soil conservation district approval. Disposal sites shall be designed to have the least impact on: Public safety; Adjacent properties; and The environment. Dredged Material Placement Facilities. Dredged material placement facilities shall be designed with the specifications set forth in §B(2)—(12) of this regulation unless otherwise determined by the Department. All plans, reports, and supporting documentation shall be dated, sealed, and signed by a professional engineer licensed to practice in Maryland. All revisions shall be noted on the plans. Soils shall be classified using the unified soil classification system. The minimum top width of an embankment is as follows: Less than 5 feet high embankment, top width = 4 feet; 6—10 feet high, top width = 6 feet; and Greater than 10 feet, top width shall be determined by the engineer approving the design. A weir box and antiflotation devices shall have a minimum safety factor of 1.2. There shall be a minimum 2-foot freeboard to the settled top of an embankment. Embankment cross-section side slopes dimensions shall be a minimum of 2 horizontal:1 vertical inside and 3 horizontal:1 vertical outside. The placement facility shall have a controlled overflow structure design that removes excess ponded water from the facility and that is capable of completely stopping the flow of any effluent. The weir overflow shall have an adjustable crest elevation to remove surface water while assuring that the effluent is in compliance with water quality requirements under COMAR 26.08.02—.04, as established by the Department. The placement shall have a pipe outlet design that: Specifies that the minimum size is 8 inches in diameter; Includes measures to control scour and erosion; Provides an outlet channel that withstands the maximum outlet velocity anticipated; and Provides watertight joints. Size of Disposal Facility. The design of the disposal facility shall address effluent water quality based on surface area, embankment height, settling time, and sediment consolidation. When sizing the facility, allowances shall be incorporated in the design for ponding depth and freeboard requirements. A stage-storage curve or table is required. The size of the disposal facility shall be calculated using one of the procedures in §B(10)(d), (e), or (f) of this regulation. Formula: V = (Qd)(B), where V equals total disposal volume required in cubic yards, Qd is the quantity of material to be dredged in cubic yards, and B is the bulking (expansion) factor. Figure 1 in §B(10)(d)(iii) of this regulation shall be used when selecting a bulking factor for hydraulic dredgings. A bulking factor of 1.4 shall be used for mechanical dredging. Figure 1 (Hydraulic Dredged Material Bulking Factors/Percent Passing #200 Sieve). Size calculations may be made according to the “Confined Disposal of Dredged Material, EM 1110-2-5207, U. S. Army Engineer Waterways Experiment Station, Vicksburg, MS (1987)”, which is incorporated by reference. Size calculations may be made according to the “Environmental Effects of Dredging Technical Notes, Confined Disposal Guidance for Small Hydraulic Maintenance Dredging Projects-Design Procedures, EEDP-02-8, U. S. Army Engineer Waterways Experiment Station, Vicksburg, MS (December, 1988)”, which is incorporated by reference. Soils containing organic matter shall be rejected for use in the embankment of disposal facilities. The design of the disposal facility shall include regulating provisions for the flow of dredge material into the basin or increasing the depth of ponded water at the overflow weir if the concentration of suspended solids in the effluent increases above acceptable limits. Construction Requirements. The Department may require that construction of a disposal facility: Is under the supervision of a professional engineer licensed to practice in Maryland under Business Occupations and Professions Article, Title 14, Subtitle 3, Annotated Code of Maryland; and Meets all provisions of this subtitle. Materials failing to meet specifications in this subtitle shall be removed. Design changes shall be reported to the Department for approval in accordance with COMAR 26.24.02.07 before proceeding with construction. When construction of a disposal facility is complete, the Department may require submittal of a report that includes: Date, location, and results of all material tests made; Narrative of construction, including any problems and design changes; and “As built” plans sealed and signed by a professional engineer licensed to practice in Maryland. Conditions. Disposal facilities are prohibited in the critical area buffer unless approved in accordance with COMAR 27.01.03.04B, COMAR 27.02.05.04B, and a State-approved critical area program of a local jurisdiction. Applicants proposing marsh creation or beach nourishment projects are exempt from the requirements of §B of this regulation. Overboard Disposal. In addition to the requirements of Regulation .02 of this chapter and COMAR 26.24.02.02, an applicant proposing overboard disposal of dredged material into open water is required to submit the information in §B(2)—(8) of this regulation at the time of application. An environmental study shall be submitted that includes measures to preserve or enhance the aesthetic, scenic, environmental, and natural resource values of the disposal site. Test results of the physical and chemical parameters of the material to be dredged shall be submitted. Testing shall include physical characteristics of the material to be dredged, including material identification in accordance with the unified soil classification system and grain-size distribution. Chemical characteristics, including the concentration of metals, organic compounds, oil and greases, nutrients, bacteria, and toxic compounds and their potential short-term and long-term release into the water column shall be submitted. A current bathymetric survey of the site where the proposed dredged material is to be placed, in accordance with the criteria of Regulation .02B(3) of this chapter, shall be submitted. In addition, the survey shall meet the following criteria: Soundings shall be taken in sufficient quantity to clearly identify low point elevations within 500 feet beyond the limits of the proposed project; and Survey data shall be plotted at a scale not less than 1 inch equals 200 feet. A plan shall be submitted which depicts the following: Adjacent land features; Existing navigation channels; Archaeological sites; and Permanent structures that extend into State waters. A hydrodynamic study of the impacts of the potential long-term movement of all material placed in tidal waters shall be submitted. A monitoring program shall be submitted that includes the collection and analysis of data before, during, and after the disposal operation, including: Aquatic biota, including benthos, shellfish, and finfish; Water quality parameters, including temperature, salinity, dissolved oxygen, conductivity, and pH; Turbidity within the disposal site and specified adjacent areas; Nutrients, including ammonia and phosphate; An assessment of volume reductions in the dredged material following placement, including sediment resuspension and transport through tidal and wave current interactions, fluid mud movement, and material consolidation; and An assessment of the post-depositional benthos community recolonization. Beneficial Uses of Dredged Material. Dredged material may be allowed for use in establishing substrate for marsh creation projects and beach nourishment projects, if the following parameters are met: The dredged material is equal to or larger in size than sediments at the placement location, unless measures are taken to control its movement, including: Breakwaters; Groins; or Other similar structures; The dredged material is relatively free of organic material; and It can be documented that the site is properly suited to maintain the sediments placed at the site. Design Guideline Requirements for Overboard Disposal and Beneficial Use of Dredged Material. Proposed material placement may not cause adverse impacts to existing navigation channels, longshore current patterns, or adjacent properties. Dredged material may not contain more than 10 percent silts and clays unless measures are taken to control the dredged material's movement as described in §C(1) of this regulation. Floating debris or other objects shall be prevented from entering tidal waters. Turbidity shall be minimized during the disposal operation. Adverse impacts on fish spawning, nursery, and migration patterns shall be prevented. Adverse impacts on commercial and sport fishing shall be minimized. Adverse impacts on vegetated tidal wetlands, submerged aquatic vegetation, charted natural oyster bars, and anadromous fish spawning and nursery grounds shall be minimized. In addition to the requirements of COMAR 26.24.02.02, an applicant proposing to fill State or private tidal wetlands for purposes other than shore erosion control as described in COMAR 26.24.04.01 shall submit an 8-1/2-inch by 11-inch site plan drawn to a minimum scale of 1 inch equals 100 feet depicting the following information: Fill location referenced to existing landmarks; Location of pilings and associated structures; Existing topography and bathymetry that is referenced to mean low water; Property lines; Land use features; Type of fill; Surface water bodies including swales; Location of all tidal and nontidal wetlands; Mean high water line; Utilities; and A vicinity map that identifies the surrounding land areas and water bodies in the vicinity of the project. Based on project size and scope, environmental sensitivity of the project site, and potential adverse impacts to tidal wetlands, the Department may, with notice to the applicant by telephone, letter, or meeting, require information in addition to that in §A of this regulation. The Department recommends that an applicant consult with the Department before developing and submitting the following information: An alternatives analysis of the proposed project, including the “no action” and other alternatives that avoid and minimize adverse impacts on tidal wetlands, with the analysis including an evaluation of alternatives that have the least impact on public safety, adjoining properties, and the aquatic environment; An estimation of the public and private benefits from the project; Additional site plan information, including; Location of any submerged aquatic vegetation; Location of shellfish beds; Limits of critical area buffer as defined in COMAR 27.01.09.01; Other significant ecological or historical features; and Location of all subsurface borings or other tests associated with any feasibility report prepared for the project; Predicted impacts of the fill on tidal wetlands, water quality, and aquatic habitat, including leaching or dispersion of pollutants; Methods to protect surface water and ground water from pollution; A statistical comparison between existing beach sediments and the proposed borrow material for beach nourishment and marsh creation projects; Storm drain plans, details, and supporting documentation, reports, and design calculations; Methods to control upland runoff; and Methods to ensure that the fill does not adversely affect water quality during and after construction. Reclamation of Lost Upland. Projects designed to reclaim lost upland by filling shall meet the following requirements: A person who is the owner of land bounding on tidal water is entitled to reclaim upland lost by erosion or avulsion during the person's ownership of the land to the extent of provable boundaries; The right to reclaim lost upland relates only to upland lost after January 1, 1972; and The burden of proof that the loss of upland occurred after January 1, 1972 is the responsibility of the owner of the land, and the riparian property owner may demonstrate the loss of upland through the use of historical photographs and land survey data. Beach Nourishment. Beach nourishment projects shall meet the following requirements: The fill material grain size shall be equal to or greater in grain size and character to the existing beach material, or determined otherwise to be compatible with existing site conditions and acceptable to the Department; The fill material shall be relatively free of organic material, floating debris, or other objects; Silt and clay fills that change the sandy nature of the existing beach materials are not acceptable; Gravel fill may be acceptable, if particle sizes are equal to or greater than the existing beach materials; and Fill material shall be placed above the mean high water line before final grading to achieve the desired beach profile, unless site conditions prohibit the placement of fill material above the mean high water line and specific measures are designed to prevent material from washing away from the site. Storm Drain Projects. Exemptions. The following storm drain projects are exempt from the design guidelines of §E(2) of this regulation: The extension of storm drains which directly discharge into tidal wetlands through new or replacement shore erosion control structures; and Storm drain projects which manage runoff from an individual lot with one dwelling. Design Guidelines Requirements. New storm drain systems shall be designed to manage the rate of runoff and improve water quality. At a minimum, a 10 percent improvement in water quality shall be achieved. Storm drain systems shall: Comply with applicable State or local design standards; Be designed to follow natural drainage patterns and incorporate swales, filter strips, and sediment traps wherever feasible; and Include measures to prevent scouring from increased water velocities at their outlet. The licensee or permittee is responsible for the removal of any sediment deposited in the waters of the State as a result of the construction of an approved storm drain system or on-site grading and development activities. The licensee or permittee shall submit a preconstruction depth survey of any tidal wetlands within the project vicinity for approval by the Department before construction. The survey shall be referenced to mean low water at a fixed benchmark on the adjoining land, or an adjoining structure such as a bulkhead. The licensee or permittee shall submit a post-construction depth survey for review and verification by the Administration at any time after construction has begun, if required by the Administration. The survey shall be referenced to the same benchmark and elevation used for determining preconstruction depths. Environment Article, Title 16, Annotated Code of Maryland Effective date: February 14, 1994 (21:3 Md. R. 184) (Wetlands regulations before February 14, 1994, appeared under COMAR 08.05.07) Regulations .01—.06 were recodified from Regulations .06—.11, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996