Technical Summaiy 



As a critically needed improvement in the governance process, 

 applicants stiouid be required to submit applications first and 

 simultaneously to CRMC and Freshwater Wetlands, with copies submitted to the 

 [recommended] local Environmental Protection Officer, who may perform a preliminary 

 review. 



Criteria and Standards Applied to Review 



In existing non- point source related programs, criteria used as the basis 

 of review need to be revised to give sufficient attention to ecosystem 

 effects. For example, while ISDS Task Force Recommendations, and the 

 recommendations of this study, attempt to broaden the consideration of groundwater 

 impacts in DEM ISDS permitting, current rcgiilations arc oriented toward system function 

 and relate primarily to public health considerations, rather than environmental 

 consequences. 



In a related vein, institutional arrangements which are presently in place 

 to address non-point source pollution are unable to anticipate cumulative 

 effects of development on water quality. DEM's anti-degradation policy is not 

 presently being implemented in a manner which allows effective evaluation of incremental 

 impacts. Similarly, CRMC has been unable to use its coastal ecosystem protection mandate 

 to adequately evaluate and mitigate potential cumulative effects of degradation, or 

 incremental losses of resource areas. 



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The limitations on rcview of cumulative impacts are exacerbated by the fact that DEM 

 and CRMC jurisdiction is limited to projects exceeding certain thresholds which define the 

 areal extent of the resource involved or the extent of anticipated development. These 

 thresholds cannot adequately account for off-site in^acts or for segmented development 

 operations on large tracts. 



Although existing programs provide for the use of buffer areas to reduce 

 adverse impacts of specinc developments and mitigate cumulative effects, 

 buffer area designation is not meeting these needs in practice. Adequate 

 buffers can effectively reduce the impact of development and provide critical wildlife 

 habitat Permit buffer requirements should be strictiy enforced, and should establish 

 buffers of sufficient dimensions to control pollutant inputs, and should adequately 

 reflecting slope, topography, surficial material, and vegetative factors contributing to a 

 buffer's effectiveness. 



Formal standards and policy guidelines need to be established which 

 clearly define permit review procedures, appeal review procedures, and 

 procedures for granting variances, variations, and special exceptions. 



Regulatory guidance should incorporate performance standards relating to potential non- 

 point source impacts (flooding, erosion, effects on neighboring land uses, impacts on 

 adequacy of water supply, loss of habitat values, etc), allowing for a case-by-case 

 contextual review of needs. The regulations should also apply simultaneous construction 

 standards, to ensure that an effective basis for control is aclueved, and that the 

 administrative body has enforcement recourse prior to violation of the performance 

 standard. Water quality standards and monitoring results should be used to establish the 

 point at which a restoration effort begins and when it may be considered complete. 



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