Md. Code Regs. 26.24.03.05

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.24.03.05 - Placement of Dredged Material in Open Water

A. Applicants proposing marsh creation or beach nourishment projects are exempt from the requirements of §B of this regulation.

B. Overboard Disposal.

(1) In addition to the requirements of Regulation .02 of this chapter and COMAR 26.24.02.02 o, 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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:

(a) Soundings shall be taken in sufficient quantity to clearly identify low point elevations within 500 feet beyond the limits of the proposed project; and

(b) Survey data shall be plotted at a scale not less than 1 inch equals 200 feet.

(6) A plan shall be submitted which depicts the following:

(a) Adjacent land features;

(b) Existing navigation channels;

(c) Archaeological sites; and

(d) Permanent structures that extend into State waters.

(7) A hydrodynamic study of the impacts of the potential long-term movement of all material placed in tidal waters shall be submitted.

(8) A monitoring program shall be submitted that includes the collection and analysis of data before, during, and after the disposal operation, including:

(a) Aquatic biota, including benthos, shellfish, and finfish;

(b) Water quality parameters, including temperature, salinity, dissolved oxygen, conductivity, and pH;

(c) Turbidity within the disposal site and specified adjacent areas;

(d) Nutrients, including ammonia and phosphate;

(e) 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

(f) An assessment of the post-depositional benthos community recolonization.

C. 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:

(1) 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:

(a) Breakwaters;

(b) Groins; or

(c) Other similar structures;

(2) The dredged material is relatively free of organic material; and

(3) It can be documented that the site is properly suited to maintain the sediments placed at the site.

D. Design Guideline Requirements for Overboard Disposal and Beneficial Use of Dredged Material.

(1) Proposed material placement may not cause adverse impacts to existing navigation channels, longshore current patterns, or adjacent properties.

(2) 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.

(3) Floating debris or other objects shall be prevented from entering tidal waters.

(4) Turbidity shall be minimized during the disposal operation.

(5) Adverse impacts on fish spawning, nursery, and migration patterns shall be prevented.

(6) Adverse impacts on commercial and sport fishing shall be minimized.

(7) Adverse impacts on vegetated tidal wetlands, submerged aquatic vegetation, charted natural oyster bars, and anadromous fish spawning and nursery grounds shall be minimized.

Md. Code Regs. 26.24.03.05

Regulations .05 were recodified from Regulations .06_.11, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996