Stormwater and Sediment 



Further, individuals may currendy purchase large tracts of land for development and 

 divide ownership among alternating holding companies, each of which develops its 

 holdings separately. Although the Wetiand Section may be aware of interrelated 

 ownership, no legal mechanism to condition permits based on cumulative impacts is 

 available. 



Issues Concerning Duration of Review Period 



A number of important issues surround the sharing of review responsibilities among the 

 state and federal agencies. EPA and die Corps of Engineers have expressed concern that 

 projects eligible for federal level review under Section 404 of the Qean Water Act are 

 unevenly referred to federal agencies having jurisdiction. Apparentiy a complete 

 understanding has not been reached among the jurisdictions as to what projects are eligible 

 for federal review under Section 404. 



The Wetiands Section reviews applications prior to review by the ISDS Section or 

 CRMC, and operates under a statutory 30 day response time limit once an applicant has 

 submitted all necessary data for review. There is littie time to complete a technical review, 

 or to obtain comment from other state and federal agencies. With regard to CRMC, for 

 example, integrated review between the two agencies can rarely be accomplished within the 

 prescribed response time. At best, on determination request level applications, staff may be 

 able to do no more than copy CRMC on response letters to the applicant, or consist with a 

 CRMC biologist by telephone. 



401 Water Quality Certifications, used by the Wetiands Section in conditioning permits, 

 and required by the Corps prior to issuing pennits, must be obtained fix)m the DEM 

 Division of Water Resources. The Division of Water Resources may not accept -«» 



certification applications from applicants, but only from other agencies or administrative 

 uruts within DEM. Because of the time required to undertake a reasonably effective 

 technical review, both the Corps and the Wetlands Section are faced with a need to 

 concentrate technical efforts in evaluation of the projects of greatest potential resource 

 impact Concerns regarding allocation of effort have arisen because of uncertainty as to the 

 portion of review which the Corps can undertake prior to completion of a water quality 

 certification. 



The Wetlands Section does involve EPA evaluators in major highway and water 

 resource projects, and in certain other controversial projects regarding site inspections or 

 particular citizen complaints. 



Sufficiency of Rules 



Although "alteration" also includes the discharge of any effluent into a wetland, the rules 

 and regulations currendy in place consider most drainage system discharges as insignificant 

 alterations. This particular regulatory interpretation of the statute hampjers the Wetiands 

 Section's ability to address stormwater runoff inputs to wetiand areas. 



Project Evaluation 



In a statistical review of incomplete/inadequate permit applications to the 

 Wetlands Section prepared for the Wetlands Task Force, the three most 

 frequent areas of inadequacy were of critical concern in evaluation of non- 



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