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                                       A GUIDE TO
                           BOATING-RELATED ACTIVITIES
                                IN THE CRITICAL AREA















                                         Prepared by
                                       Egan P. O'Brien
                                        October 1994



                        The Chesapeake Bay Critical Area Commission
                                     Annapolis, Maryland























                                                Acknowledgements



                      I would like to thank the staff of the Critical Area Commission and all

                      others who contributed both ideas and advice during the development of
                      this document. Portions of this document have been adapted from research
                      conducted by Chris Suroweic and from the North Beach and Baltimore
                      County Critical Area Programs.




                                            Development of this document was funded in part
                                            by the Coastal Zone Management Program of the
                                            Maryland Department of Natural Resources
                                            pursuant to National Oceanic and Atmospheric

                                            Administration Award Number NA-3)70Z0359.
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                                                                          Contents



                          Introduction       .......................................................................................................i

                          Chapter I Boating on the Bay               ..........................................................................I
                          Chapter 2 Generic Site Selection             ......................................................................... 35
                          Appendix A Checklist and Guidelines                 ................................................................ 45
                          Appendix B Agency Contacts               ............................................................................ 62
                          Appendix C Locational Requirements                  ............................................................... 68
                          Glossary      ............................................................................................................. 69

                          LiteratureCited       ................................................................................................... 77









                                                      Introduction



                    The Chesapeake Bay is this nation's most productive estuary and Maryland's grandest
            natural resource. Marylanders have, however, witnessed a dramatic historical reduction in the
            health of the Bay's ecosystem.       Water quality and wildlife habitat have suffered severe
            degradation as a result of the cumulative impact of intensified development within the Chesapeake
            Bay watershed.     In 1984, in response to this decline, the State of Maryland enacted the
            Chesapeake Bay Critical Area Protection Program (Natural Resources Article ï¿½ 8-1801 - 1816).
            This law defines the Critical Area as all waters and submerged lands of the Chesapeake Bay to
            the head of tide and all lands and waters within 1,000 feet of the mean high water line or from
            the edge of tidal wetlands. Within this 1000' area, the 100' nearest the mean high water line is
            reserved as a nearly development-free Buffer. The State outlined specific regulatory criteria
            (COMAR 27.01.01-.11) for protecting water quality as well as plant, fish and wildlife habitat
            from the adverse environmental effects of land development activities within the designated
            Critical Area. The criteria, developed by the State's Chesapeake Bay Critical Area Commission
            (CBCAC), are implemented by local governments in cooperation with the State through zoning

            and other local ordinances.

                   Critical Area legislation provides a variety of land planning measures, including the
            important and necessary regulation of water-dependent facilities. Critical Area criteria define
            water-dependent facilities as those structures or works associated with industrial, maritime,
            recreational, educational, or fisheries activities that require locations at or near the shoreline
            within the 100' Buffer. An activity is water-dependent only if it cannot exist outside the Buffer
            and is dependent on the water by reason of the intrinsic nature of its operation.            Local
            jurisdictions are given substantial autonomy in developing their own Critical Ar ea programs; thus,
            the Critical Area cn*teria do not provide a comprehensive list of those structures or uses which
            qualify as water-dependent. 'Individual local jurisdictions may develop such a list or may
            determine which uses qualify on a case-by-case basis. However, to preserve the primary'
            objective of the criteria i.e., ensuring the least possible disturbance to the Chesapeake Bay
            shoreline, planned uses intrinsically must require a water-adjacent location to be allowed at the
            water's edge. For example, a boat launching structure is clearly wa@qr-dependent while a tackle
            shop is not and must be located outside the mandatory 100' naturally vegetated Buffer.







                            Boating-related facilities are the type of water-related development local planners are
                   asked most frequently to approve. This document primarily addresses boating-related projects
                   in the Critical Area. It is important to note, that a boating-related project is not automatically a
                   water-dependent activity. Wet    .storage facilities, boat ramps and piers are examples of boating-
                   related activities which are considered water-dependent. Dry-stack boat storage oi- "Boatels" are
                   boating-related, but they are not water-dependent as they do not require a location directly on the

                   water.

                            As a public education tool to aid the transfer of information and technology, this guidance
                   paper is intended to help project applicants and local government planners foster environmentally
                   sensitive boating-related waterfront development within a fair. and. reasonable permit regime.
                   Permit applications are generally reviewed by several agencies and applicants are often required
                   to conduct technical impact studies by each of several State and federal agencies in addition to
                   those required by the Critical Area criteria (see Appendix 13 for a list of relevant agencies).
                   Specifies of these studies will be discussed in lay terms, with reference to various study
                   techniques and data sources.
                            The water-dependent facilities category eticompasses a wide range of projects, in both size
                   and function. A sampling of this range includes:
                            * Utilities such as power plants and water treatment plants;
                            * Water intake and/or outfall structures for industrial facilities;
                            * Major ocean shipping ports;
                            * Off-loading docks for commercial fishing;
                            * Structures for crab shedding; and,
                            * Recreational marinas and boat launching points.
                            The substantial diversity of water-dependent facilities makes it problematic to impose a
                   single, fixed set of site location and impact study, requirements for all proposed projects. A more
                   flexible consideration of the compliance checks to which plans for a large power 1 lant and those
                                                                                                        P
                   -for a small pier are subjected might be warranted.
                            The Critical Area legislation was designed to accommodate reasonable, growth while
                   minimizing   adverse environmental impacts to the Che     sapeake Bay. Persons active. in closest
                   proximity to the water -- boaters, fishermen, marina and water-front property owners. -- would
                   appear to have an automatic "vested interest" in cultivating a healthy balance between







            development and conservation. The restoration of the Chesapeake Bay ecosystem to a level
            comparable to its historical prod  uctivity is the ultimate measure of success. To respond to this
            challenging imperative the Critical Area Law implements a comprehensive framework of land-use
            regulations which:
                    * limit development activities in the Buffer to those that are water-
                            dependent (CONIAR 27.01.09), and;
                    * provide design and locational criteria which ensure that these activities
                            will have minimal individual or cumulative impacts on water quality
                            and fish, wildlife, and plant habitat (COMAR 27.01.03.02).-
                    The Critical Area criteria provide broad locational guidelines for water-dependent facilities
            within three land-use designations. Briefly, the criteria encourage their placement in Intensely
            Developed Areas (IDAs); allow many non-industrial water-dependent uses in the Limited
            Development Areas (LDAs); and greatly restrict such uses in Resource Conservation Areas
            (RCAs). Appendix C lists locatiohal requirements for water-dependent facilities in relation to
            these Critical Area designations. The outline provides only a starting point for the site-planning
            process. The unique features of each location, and the type and scale of a proposed use in
            relation to that location, are the crucial considerations that will ultimately determine whether a
            project should receive Critical Area approval. Local jurisdictions have the option of designating
            certain stretches of shoreline for commercial water-dependent development, thus limiting such
            projects to areas with- suitable physical features and access to shore-based infrastructure.
                    New or expanded water-dependent facilities usually may be located in the Buffer in
            Intensely Developed Areas and Limited Development Areas provided that it can be shown that:
                    * they are water-dependent;
                    * the project meets a recognized private right or public need;
                    *  adverse effects on water quality and fish, plant and wildlife habitat are minimized;.
                    *  insofar as possible, nonwater-dependent structures or operations associated with water-
                            dependent projects -or activities are located outside the Buffer; and
                    *  -the facilities are consistent with an approved local water-dependent facilities plan as
                            specified in COMAR 27.01.03.04.
                    New develcipment or expansions proposed in the IDA must al.so achieve a 10% reduction
            in post-development pollutant loading. If the 10% reduction cannot be met through the use of







                    retrofitting and stormwater management practices, mandatory offsets are required. These offsets
                    may be implemented on- or off-site provided: that water quality benefits are equivalent; that their
                    benefits are obtained in the same watershed; and that the benefits can be determined through the
                    use of modelling, monitoring or other computation or mitigation measures (COMAR
                    27.01.02.03).
                            Water-dependent development or expansion in the LDA and RCA shall limit the
                    impervious areas to 15% of the upland area of the site (COMAR 27.01.02. 03/04).. Projects sited
                    in the LDA or RCA which propose the addition of new impervious areas must "eliminate all
                    stormwater runoff caused by the development in excess of that which would have come from the
                    site if it were in its pre-development state" (COMAR 27.01.02.04).                  Water-dependent
                    development within the RCA is further constrained as marinas and other commercial boat docking
                    facilities proposing expansion in the RCA must demonstrate a net improvement in water quality
                    for project approval (COMAR 27.01.03.06). New marinas and commercial boat docking facilities
                    normally are not permitted in the RCA. However, it is conceivable that some degree of
                    comm  .ercial water-dependent development could. occur in these areas through the use of Growth
                    Allocation. Requirements for the development of non-commercial water-dependent facilities
                    (community piers etc.) within the RCA are discussed later in this document.
                           All proposed projects are subjected to an approval process which uses a checklist of
                    necessary siting considerations (see example provided as Appendix A). However, as a rule.,
                    applicants who propose small-scale projects which meet basic requirements Of suitable location
                    and sound design should not. need to submit extensive site-assessment study data. In contrast.
                    those seeking to build large, complex projects can expect to be required to provide site-
                    assessment study data of a much greater scope and intensity.
                           It is the desire and hope of the author that this guideline to boating-related facilities will
                    achieve two goals: establish a template for streamlining approvals for small facilities while
                    providing clear rationale for those measures required for boating-related development within the
                    Critical Area..








                                                                     IV








                                                        Chapter 1.



                               BOATING ON THE BAY: A DELICATE BALANCE



                    Boating is by far the most popular recreational use of the Chesapeake Bay. Maryland had
            approximately 200,000 vessels registered as of 1993, not including the many transient craft from
            out of state also cruising the Bay. Boating-related projects are likely the type of water-dependent
            facilities local planners will be asked most frequently to approve. - Therefore, this paper is
            primarily concerned with evaluating site and design features for marinas and boat docks.
            Retrofitting techniques for existing facilities as well as guidelines and Best Management Practices
            (BMPs) for environmentally sensitive boat and marina operation are discussed.
                    Boating facilities and practices present a number of potential threats to the aquatic
            environment. These. dangers are especially important to address in regard to the Chesapeake
            because the Bay's physical configuration -- a largely enclosed, relatively shallow body of water
            renders it particularly vulnerable to disturbance. Boating-related impacts are minimal when
            compared to the point and non-point source pollution generated as upland runoff from the Bay's
            densely developed watershed. However, many adverse environmental impacts can arise from
            improper boat operation and maintenance, and these impacts can and should be minimized.
            Fortunately, economically viable design and operating measures, coupled with environmental
            awareness, can lessen boating-related impacts.
                    This document provides a non-technical overview of particular w     ays in which the Bay
            ecosystem is deceptively fragile. Special 'attention to these characteristics is needed to ensure
            shoreline facilities are carefully planned and water-based activities are conducted in an
            environmentally conscientious way. These safeguards are a major step toward making widespread
            enjoyment of boating on the Chesapeake fully compatible with protecting the Bay's long-term
            health and natural bounty.


                                   A) Marina Location and Habitat Considerations
                    An abundani and diverse stock of "living resources" is the baseline measure of a vital
            Chesapeake. Boat docks, even at their cleanest, create an* intense hfunan presence that disturbs








                    and displaces many forms of fish and wildlife (see review by Chmura and Ross, 1978). Critical
                    Area planning strives to conserve native species at high. levels of productivity!. to ensure the
                    survival of threatened life forms, to maintain outstanding representative natural areas in an
                    undisturbed state, and to preserve the many values and functions of its tidal and nontidal
                    wetlands. These measures are achieved through the establishment of the mandatory Buffer, the
                    designation of Resource Conservation Areas, and particular restrictions on development at, or
                    near, specific types of valuable habitat. All water-dependent growth is to be located where it
                    poses a minimum threat to identified habitat areas.
                           Persons who apply to construct water-dependent projects must address the following

                    habitat considerations:

                           Wetlands (tidal and nontidal) Any construction extending into tidal water is considered
                    to impact tidal wetlands and requires authorizations, licenses -or permits from federal (U.S. Army
                    Corps of Engineers) and State (Maryland Board of Public Works and the Tidal Wetlands Division
                    of the Maryland Department of Natural Resources) agencies. Through a process of interagency
                    review and comment, with provision under State law     for a public hearing in some circumstances,
                    a range of relevant site features are examined to help determine the viability and appropriateness
                    of a proposed project. These factors include the site's erosion potential, biological inventory, and
                    water quality impacts (including sanitation provisions for the completed facility).
                           Areas of extensive wetlands are identified using official State regulatory wetland maps and
                    site inspections. Under Maryland law, waterfront landowners have no automatic right to dredge
                    .or otherwise alter tidal wetlands to obtain open. water access. In fact, tidal wetlands are under
                    a very strict standard of protection. Plans for water-adjadent construction stand. a much better
                    chance of gaining approval if the proposed site is fast land.
                           All nontidal wetlands and other hydric areas determined to contain unique habitat or
                    hydrologic value, are also protected. Proposed projects that will impact nontidal wetlands. must
                    submit a permit application to the Permit Service Center of the Water Resources     Administration,
                    Maryland Department of Natural Resources (DNR), with approval (required at federal, State, and
                    local levels) contingent on impact avoidance and minimization.
                           Submerged Aquatic Vegetation (SAT/) SAV is an indicator of gobd water quality in the
                    Bay. SAV populations have begun to rebound after declining in rdbent decades to an all-time

                                                                     2"








            low. Critical Area criteria mandate minimum SAV disturbance as a condition for locating water-
            dependent facilities. The Maryland Department of Natural Resources, in conjunction with the
            Virginia Institute of Marine Science (VIMS), performs an annual SAV survey, which can serve
            as a preliminary record of SAV sites. However, observers also report SAV in locations not
            shown on the State survey, therefore a growing season field survey for SAV at places being
            considered for water-dependent development is necessary. Boat operation, as well as dock
            location, can have a significant effect on the growth and productivity of SAV. Care should be
            taken so that water-dependent facilities are sited in areas where shallow water (SAV habitat) boat
            navigation is unnecessary. State Tidal Wetland Regulations (COMAR 05.08.05.05) generally
            prohibit dredging in shallow water habitat (less than 3 ft.) effectively protecting existing and
            potential SAV habitat. State Tidal Wetlands Regulations (COMAR 05.08.05.05) also specifically
            prohibit dredging within 500 yards of SAV beds from April 15 - October 15. Proposals for new
            or expanded construction which impacts existing SAV beds are considered unacceptable and, in
            most cases, are not permissible.
                   Rare, Threatened and Endangered Species The U.S. Fish and Wildlife Service (USFWS)
            and the Fish, Heritage, and Wildlife Administration of the Maryland DNR maintain lists of
            federal and State endangered and threatened species, as well as designated Natural Heritage
            Areas. All proposed development sites must be assessed by the above agencies to determine the
            presence of protected species or habitat protection areas. It must be determined that these
            resources will not be disturbedand an approved protection plan must be implemented prior to
            project approval.
                   .The Critical Area criteria specifically state that water-dependent facilities should be
            located to prevent disturbance to sites of significance to waterfowl. Colonial waterbird nesting
            areas and historic waterfowl staging and concentration areas are extremely important and highly
            sensitive habitats. Regional waterfowl populations converge in certain areas to breed and feed
            during specific times. of year. Thus, these sites are vital to the continued existence of many
            waterb ird species. In particular, increased boating activities associated withnew or expanded
            boating-related facilities can deter waterfowl from utilizing historic staging and concentration
            areas. New or expanded boating-related facilities should be located to avoid and minimize
            adverse environmental impacts to these highly sensitive areas. A ge6ftal indication of waterfowl

                                                            3









                    areas can be obtained from Habitat Protection Overlays, however, the Wildlife Division of the
                    Fish, Heritage and Wildlife Administration of the Maryland DNR must be consulted to make site-
                    specific determinations of the potential effects of proposed activities on waterfowl populations.
                           Fish and Shelffish DNR data identify anadromous fish spawning waters and shellfish
                    beds. Critical Area criteria. require that water-dependent facilities be located so as not to disrupt
                    these aquatic resources. Therefore, construction and dredging activities, when allowed, are often
                    conditioned by "time-of-year" restrictions on in-water work. Tidal Wetlands Regulations
                    (COMAR 05.08.05.05) place these restrictive "windows" on dredging activities in certain habitats
                    during critical spawning and growing seasons for shellfish and anadromous fish species. Dredge
                    restrictions in some areas and under site-specific conditions will be handled on a case-by-case
                    basis by the Tidal Wetlands Division. The Tidal Wetlands Regulations specifically prohibit:
                              mechanical dredging within 500 yards of shellfish areas between
                                   December 16 - March 14, and June I - September 30;
                              hydraulic dredging within 500 yards of shellfish areas between
                                   June I - September 30; and,
                              dredging between February 15 - June! 15 in areas where yellow perch
                                   have been documented to spawn, and between March I - June 15
                                   in areas where other important finfish species identified by
                                   DNR have been documented to spawn.
                           All Maryland waters within the Critical Area are designated as either Class I or Class 11
                    waterbodies. These standards are identical except that the latter demands a lower bacteria level
                    for the harvesting of shellfish. Siting marinas in the vicinity of shellfish beds entails special
                    calculations, which then result in a required offset distance separating the boat basin and the
                    shellfish area. TheMaryland Department of the Environment (MDE) requires the distancing of
                    marinas from shellfish beds to help reduce the chances that shellfish will become contaminated
                    by boating-related pollutants. As a precautionary measure, MDE prohibits the harvesting of.,

                                                                                                         @nt waters near
                    shellstock froni marina waters. The MDE institutes "Buffer Zones" in ambie
                    marina basins inwhich the harvesting of shellfish is prohibited between May I and September
                    30. Offset distances for harvesting and siting restrictions are determined by MDE on.a. case-by-
                    case, site-specific basis.,

                                                                      4








                                    B) Marina Si   te Selection and Flushing Potential
                    Potential marina sites that show they will have a minimal degree of adverse -environmental
             impact on wetlands and other habitat resources must also be evaluated to determine whether there
             is an adequate flushing rate within the basin area to prevent an unacceptable accumulation of
             pollutants. Pollution associated with boat and marina operation can be reduced significantly
             through optimal design and management; nevertheless, dock areas are associated with their own
             particular range of environmental hazards. These include toxicity from piling preservatives and
             anti-fouling biocides; the release of oily bilge water; the discharge of boat sewage, fuel spills, and
             stormwater run-off from parking lots, hull maintenance areas and adjacent impervious structures,
                    Due to its relatively shallow depth and low tidal amplitude (usually about I to 1.5 feet.)
             the Chesapeake Bay is especially susceptible to flushing problems. If a proposed site has physical
             parameters characteristic of a poorly flushed waterbody then site-specific studies may be required
             to determine flushing rates. However, when "minor" (see Chapter II for definition of "minor")
             expansions are proposed and the applicant can clearly demonstrate that the flushing potential has
             been maximized through proper site selection, design considerations and the implementation of
             applicable BMPs, flushing studies may be waived at the discretion of local planners.
                    Geometry based, tidal prism models, using measurements of the surface area, tidal volume
             (including a return flow factor), and the amount of freshwater tributary inflow (if any), help to
             estimate the time it takes for water in a prospective marina to be partially or completely displaced
             by "new" water. According to the U.S. Environmental Protection Agency, a flushing time of four
             .days or less is usually acceptable (EPA,1985). Flushing pan be monitored visually by means of
             dyes or small monitoring devices called drogues. However, such field monitoring is expensive
             because an observer must be on hand over a fairly sustained length of time.
                Other factors besides tidal and tributary flow affect flushing. A site with as many slips as
             possible sited near open water will flush better than a narrow, enclosed one. Wind exposure, or
             the lack of it, plays a significant role in flushing. In effect, there is a trade-off between a safer
             harbor and a cleaner one. The traditional boat basin location, in a weather-protected cove or
             enclosure, is well represented among existing Chesapeake marinas, some of which have serious
             pol lution problems.



                                                               5









                       Marina planners must take bottom configuration as well as surface configuration into account
                   when designing new facilities. A continuous, gradual downward slope from the berthing area into
                   deeper water is ideal. Irregular deep pockets or sumps within the marina area will be traps for
                   stagnant water and should be avoided (see Fig. 1).
                       Finally, general geographic and hydrographic factors must be considered. Flushing is
                   impeded in areas at the head of the tide, and in areas where the salinity or temperature gradients
                   cause density variations which result in stratification of the water column. Such areas are
                   undesirable for marina development.





                                             Inc-Sa Inc Oczcth




                                                         ... ........




























                                                                                      A.A.
                                                          Stagnant Conditons





                                                              Poor Fiushing


                                        Figure I. Marina bottom contours and fl.ushing potential.

                                                                    6








                Adequate flushing is essential for satisfactory water quality. It aids in the dispersal and
            dilution of pollutants and helps ensure that levels of dissolved oxygen (DO) in the water column
            are high enough to support aerobic conditions. DO concentrations are inversely correlated with
            a rise in water temperature. Freshwater inflow into the Bay declines in the summer, which is the
            peak time of year for boating activity. For all these reasons summer can be considered a "worst-
            case-scenario". Marina planners should gear site evaluations to test whether planned projects can
            meet water quality standards under conditions of high water temperature, low inflow and heavy
            boating activity.
                The U.S. Environmental Protection Agency provides a discussion of BMP@s concerning
            -environmentally sound siting, design and management of new marinas in its documents Coastal
            Marinas Assessment Handbook (1985) (hereafter referred to as the "handbook") and Guidance
            Specifying Sources of Non-Point Pollution in Coastal Waters (1993), in Chapter 5; "Management
            Measures for Marinas and Recreational Boating."
            They are discussed as follows:
                           "Site and design new marinas such that the bottom of the marina
                           and the entrance channel are not deeper than the adjacent
                           navigable water unless it can be demonstrated that the bottom will
                           support a natural population of benthic (bottom dwelling)
                           organisms. " (EPA, 1993)

                Water depth is an important constraint when considering site-selection and marina de     sign.
            If comprehensive water depth information is not available for both the proposed marina basin and
            associated channels, a bathymetric survey of these areas should be conducted.
                           "Design new marinas with as few segments as possible to promote
                           circulation within the basin." (EPA, 1993)

                Flushing efficiency of a marina is inversely related to the number of segments within the
            marina basin (NCDEM, 1990;. EPA, 1993). For instance, an open water basin will flush better
            than a basin which has one segment, and a one segment marina will flush better than a basin with
            multiple segments. Examples of types of marinas and degrees of segmentation are shown in
            Figure 11.
                Marina designs which promote flushing have higher dissolved oxygen levels than those with
            inappropriate depth and design restrictions such as improper entranc@ channel placement, bends,

                                                            7


			and square corners (NCDEM, 1990).  These areas can form deep, poorly circulated, anoxic areas
			and may also serve as traps for sediment and organic detritus.  The decomposition of this
			concentrated organic debris causes an increased biological oxygen demand.  In a poorly flushed
			area, this quickly results in oxygen depletion and a subsequent reduction in water quality.

														MARINA TYPE
							
															
														"Open Water
			
					Ambient






								Basin						"One-Segment"

					Ambient


								Basin		
		
														"Two-Segment"
							     Channel

					Ambient

						Figure II. Classification of marina designs and sements.

											8					









                 In tidal waters, marina design should incorporate rounded edges and not use sharp-edged
             corners (which can accumulate organic debris and contribute to water quality stress) to exploit
             the natural hydraulic patterns of flow and prevent the occurrence of areas where flushing is
             insufficient (EPA,1993). Studies have suggested that the combination of these practices when
             applied to the development and'design of new marinas can result in strong internal circulation
             within the marina basin and ultimately aid in sustaining acceptable water quality levels (EPA,
             1985).
                            "Consider other design alternatives in poorly flushed waterbodies
                            (open marina basin over semi-enclosed design; -wave attenuators
                            over a fixed structure) to enhance flushing potential. " (EPA, 1993)

                It is important to consider both the flushing potential as well as marina and boat safety during
             site-selection and developmental design of a new marina. Sites located on open water or at the
             mouths of large tributaries tend to have higher flushing efficiencies than those located   in coves
             or small tidal creeks and tributaries, thus they are generally preferable for marina siting. (EPA,
             1993)
                In areas of poor flushing an open marina design coupled with the use of wave attenuators
             should be considered (EPA, 1985). Open marina designs do not include man-made or natural
             barriers, thus they allow for a free exchange of water between ambient water and the water within
             the marina. Wave attenuators are attractive for several reasons; they do not restrict or inhibit the
             flow and exchange of water, they do not adversely affect benthic communities, they minimize
             potential interference with fish migration and shoreline processes and they are visually aesthetic,
             easy to remove, and cost effective (EPA, 1985).
                            "Design and locate entrance to promote flushing" (EPA, 1993).

                There are a variety of practices which can lead to increased flushing. Dunham and Finn
             (1974) found that entrance channel alignment should follow the natural channel aligm-nent and
             that any necessary bends should be gradual. In areas of low tidal amplitude the EPA
             recommends that the marina entrance should be as wide as possible while still affording the boats
             in the basin an adequate degree of protection (EPA, 1985). However, proper design and
             placement of entrance channels may     alleviate potential water quality problems. It is important



                                                              9








                    to consider wind action when designing entrance channels. When entrance channels are aligned
                    parallel to the direction of the prevailing wind, flushing may be increased (EPA, 1985).
                        The location of a marina entrance can radically alter marina flushing rates and should be
                    considered with other factors that influence flushing. Nece (1983), determined that when a
                    marina basin is square or rectangular, a single entrance at the center of the marina results in better
                    flushing than does an asymmetric entrance channel. The possibility of shoaling should be
                    considered when designing a marina entrance. This may occur in areas with significaint sediment
                    transport, especially if the entrance is located perpendicular to the flow of the waterway.
                    Shoaling within the marina entrance may require extensive maintenance dredging of.the channel
                    or it may form a sill at the entrance of the marina basin. Shoaling at the marina entrance can
                    reduce both flushing potential and water circulation t hus having adverse effects on water quality.
                                   "Establish two o enings, where appropriate, at opposite ends of the
                                                    p
                                   marina to promote flow-through currents. " (EPA, 1993)

                       In. areas with low tidal amplitude, additional alternatives to those already discussed should be
                    considered to increase flushing potential and overall circulation. "An elongated marina situated
                    parallel to a tidal river can be adequately flushed using two entrances to establish a flow-through
                    current so that wind-generated currents or tidal currents move continuously through the marina"
                    (EPA, 1993). In situations where both openings cannot be used for boat traffic a smaller opening
                    can be used solely to increase flushing. In man,
                                                                      y cases this can be accomplishedby installing a
                    buried pipeline. (EPA, 1993)
                                   "Designate areas that are and are not suitable for marina
                                   development; i.e., provide advance identification of waterbodies
                                   that do and do not experience flushing adequate for marine
                                   development." (EPA, 1993)

                       For example, it has been suggested a   nd promoted in the criteria (COMAR 27.01.03.04.A) that
                    the headwaters of many small tidal creeks, due to physical constraints and habitat, considerations
                    are unsuitable for development due to poor flushing potential and increased susceptibility to water
                    quality stress (EPA, 1993).





                                                                      10









                               Q Marina Siting and Access to Land-Based Infrastructure
                 Critical Area criteria encourage placement of boating facilities and other waterside structures
             in areas already developed. The Commission strongly discourages a "sprawl" approach to marine
             recreational development that unnecessarily disturbs pristine stretches of the fragile Bay shoreline.
             These general. directives are augmented by the specific requirements of the planning and zoning
             departments in each jurisdiction. Road access and parking areas capable of accommodating
             anticipated traffic are necessary and on-shore sanitation facilities are required for project approval.
             State law mandates a required number of toilets and showers based on marina size; wastewater
             management, whether municipator on-site disposal must be approved by the appropriate local
             jurisdiction. All new and expanded marinas in Maryland are requ           ired to have adequate boat
             waste pump-out facilities. These pump-outs should be integrated into the proposed wastewa            ter
             plan. If dedicated slipside collection of waste is not achievable, waste may be temporarily stored
             in either an above or below ground holding tank. These tanks are permitted within the Buffer.
                 Clearly, access to a reasonably advanced degree of existing shore-based infrastructure is a
             highly desirable characteristic for potential marina sites. Project planners should note that
             proposals for locations abutting residential neighborhoods will likely encounter aesthetically-
             oriented zoning regulations such as structure height limitations, restrictions on sign size or
             lighting, and screening or landscaping requirements.


                                      D) Marina Design and Management Measures
                 Each potential marina site presents a unique combination of advantages and drawbacks.
             Critical Area criteria list a series of environmental concerns that proposed boating-ralated
             facilities plans (for both new construction and expansions) must address. The intent here is to'
             relate these regulations to the underlying ecological principles, and ultimately to the practices
             required for environmentally sensitive development.
                 Specifically, the local plan requirements section of the Critical Area water-dependent facilities
             regulations require that the local jurisdictions base their water-dependent permit approval process
             upon consideration of how well the submitted project plans address eight areas of concern
             (COMAR 27.01.03.04). Some of these concerns are integral to initial site-selection; in particular,
             all proposed development sites must demonstrate adequate fluslimg capacity and minimal








                    wetlands, wildlife and fisheries imp acts. Some of the other concerns are heavily, influenced by
                    design. The eight plan requirements are listed below and are briefly explained in a boating
                    facilities context. The water quality requirement (#4) is complex, involving various components
                    of marina design. Thus, this presentation of the criteria will be followed by a more detailed
                    discussion of anticipated water quality problems and recommended abatement measures.
                       Plans for a new and expanded water-dependent facility must show-
                                   (1) That the activities will not significantly alter existing water
                                      circulation patterns or salinii@v regimes

                       Tidal flux, wind, temperature and barometric pressure all influence water circulation within
                    the Chesapeake Bay. Water circulation coupled with the mixture of freshwater runoff and
                    saltwater together with the type of sediment present at the site creates a variety of chemical and
                    physical conditions or environments within the estuarine system. This in turn influences the type
                    and distribution of plant, fish and wildlife habitats and communities. Water-dependent facilities
                    should be designed to maintain existing circulation patterns and salinity regimes..
                       Standard plank and piling docks have minor effects on water circulation, and are not
                    considered a problem in this context. In fact, these structures may act as important substrate for
                    the colonizat ion of ecologically important epibi.otic communities. In addition, many species of
                    birds use these structures for nesting and roosting. However, all of these new communities
                    develop at the expense of the natural benthic community, which may suffer from the dredging
                    and driving associated with construction and the subsequent reduction in light. Solid concrete
                    and steel pier structures massively impede water flow and are strongly discouraged.
                       Vertical bulkheads generate reflective waves that can complicate navigation and cause erosion
                    or shoaling. Vertical-sided boat basins also flush less readily than those with sloping sides. For
                    these reasons, natural vegetation should be used in place of bulkheads for'bank stabilization
                    wherever possible. If vegetative stabilization is not an appropriate alternative, sloped rip rap or
                    stone revetments should be considered. It should be noted that all structures should be kept to
                    the mini'mum. size sufficient to fulfill their anticipated function(s).
                       Some marinas will need to provide a form of wave attenuation. Floating breakwaters may
                    be sufficient. Fixed jetties and breakwaters, if needed, should be contoured to reduce reflective
                    waves. They should be kept to a minimum length because they lend to promote unwanted








             sediment deposition and shoaling in the lee areas they create, disrupt littoral drift and interrupt
             natural circulation patterns. Prevailing salinity regimes are unlikely to be affected by boating
             facilities; this directive is more relevant to industries proposing intakes and outfalls of massive

             amounts of water.

                            (2) That the water body upon which these activities are proposed
                                has adequate flushing characteristics in the basin area


                Most siting and design practices for increasing flushing potentials (as discussed earlier) are
             applicable only to site selection or basin design of new marinas. There is little one can do to
             increase flushing in an existing marina basin other than reconfigure basin geometry or add new
             channels and openings through dredging. Such dredging activities, however, should be kept to

             a minimum.

                Water-dependent facilities should be located where the waterbody has adequate natural
             flushing characteristics. The waters of a site can become contaminated by pollutants generated
             by thc@ deleterious introduction of untreated stormwater runoff from uplands, vessel discharge and
             improperly managed sanitation facilities. If a body of water has a low exchange rate or poor
             flushing potential, pollutants will concentrate and water-quality will deteriorate. Sitings of water-
             dependent facilities should be avoided on dead-end channels and canals or at the upper reaches
             of tidal creeks or estuaries, as these areas characteristically have low tidal range, low net flow
             and are productive shallow    water habitat areas. Pollutants are better dispersed and diluted in
             areas with greater flushing  capabilities such as open water or areas near the mouth of a tidal
             tributary or creek. A convex shoreline is preferable to a concave shoreline for projects located
             on open water sites.
                Water-dependent facilities should be designed to enhance natural water cir          culation and
             increase flushing potential. Siting and design practices and considerations for maximizing
             flushing rates have been discussed previously and are summarized below:
                   extend slips channelward into naturally deep water;
                   site basin in area with a gradually sloping bottom which. leads to deeper water;
                   site facilities or expansions in areas devoid of sumps or deep holes;
                   avoid using solid structures such as breakwaters and bulkheads;


                                                              13








                        * design basins so that they have rounded corners and no vertical walls;
                        * site channels in the direction of the prevailing winds to aid in the mixing of the water; and,
                        * establish two openings, at opposite ends of the marina to promote flow-through currents.
                        Proposals for small scale developments and rninor expansion of water-dependent facilities may
                    not require a complete flushing study to fulfill the environmental assessment requirements.
                    Instead, such proposals should demonstrate that to the extent possible the locational requirements
                    and Best Management Practices (as discussed above) are implemented. However, proposed
                    projects located in areas physically characterized as having low flushing potentials may require
                    complete flushing studies and this determination should be made on a case-by-case- basis by local
                    jurisdictions and other resource agency personnel.
                        For new water-dependent facilities or facilities proposing major expansion or significant
                    redevelopment, the USEPA suggests complete flushing studies. If application of a tidal prism
                    flushing model predicts a turnover rate of four or more days, the EPA recommends a field study
                    employing dyes or drogues for the precise determination of flushing rates. These studies are
                    costly, therefore, it would be beneficial to locate proposed structures in areas which have
                    previously been assessed for flushing rates or basins which are physically characterized as having
                    high flushing potentials. As discussed earlier, complex numerical models exist in which site-
                    specific data can be entered to give an approximate flushing rate. Baseline data may be available
                    for a proposed site or the applicant may be required to obtain the necessary data.
                                   (3) That disturbance to wetlands, submerged aquatic plant beds, or
                                       other areas of important aquatic habitats will be avoided andlor
                                       minimized


                        This is a locational prerequisite which requires water-dependent facilities to locate in areas
                    whe re. they pose minimal threat to valuable habitat areas. Proposed sites should be thoroughly
                    evaluated to determine the presence and possible impacts to any. of these resource    ,s:
                        a) Submerged Aquatic Vegetation (SAV)
                        b) Tidal and Nontidal Wetlands'
                        c) Shellfish Beds




                            If disturbance to wetlands is permitted, mitigation will be required.


                                                                     14









                d) Rare, Threatened, or Endangered Species
                e) Spawning, Nursery, or Propagation Areas for Anadromous Fish
                f) Shallow Water Habitat
                g) Colonial Waterfowl Nesting Sites
                h) Forest with Interior Dwelling Bird Species (FIDBs)
                i) Natural Heritage Areas
                j) Tributary Streams
                k) Waterfowl Staging Areas
                The appropriate federal, State, and locAl agencies (see Appendix B) should be contacted for
            professional assistance. If any of the above habitats are found at or in close proximity to the
            proposed site, the project must be altered or moved so as to avoid and/or minimize adverse
            ecological impacts.
                            (4) That the adverse impacts to water quality that may occur as a
                                result of these activities, such as non-point source runoff,
                                sewage discharge ftom land activities - or vessels, or ftom boat
                                cleaning and maintenance operations, is minimized --

                Preventing contaminants from entering the water is inherently more effective than planning
            on their adverse environmental impact being compensated for through mixing and dilution. One
            is hard pressed to come up with a place where this truism applies more forcefully than the
            Chesapeake Bay. A discussion of Best Management Practices for stormwater management, boat
            repair and maintenance pollution control, and marine sanitation follows the review of the criteria.
                            (5) That shel@flsh beds will not be disturbed or be made subject to
                                discharge that will make them unsuitable for harvesting

                Water-dependent facilities should be located so as to avoid and/or minimize disturbance to
            shellfish beds. The economic and ecological benefits of shellfish beds are obvious and have
            received much attention. Shellfish areas are readily disturbed by deteriorating water quality
            caused by pollutants arising from water-dependent facilities.            Upland runoff, organic
            hydrocarbons (petroleum, pesticides etc.), heavy metals, and sewage all may result in adverse
            effects to shellfish. In addition, the turbidity, sedimentation, and turbulence created by heavy
            boating activities and dredging can damage spat attachment. Wave action can also remove the








                   sandy substrate necessary to bed survival. Excessive siltation created by dredging, construction
                   or improper boat operation can result in the burial and suffocation of shellfish.
                       The discharge of sanit ary waste from water-dependent facilities can contaminate shellfish and
                   prohibit harvesting. To avoid this problem, the State, of Maryland restricts the location of these
                   facilities within a certain distance from harvestable shellfish beds. Restrictions are based on size
                   of the proposed project (number of slips) and survival time of coliform bacteria. MDE
                   determines the appropriate restrictions on a case-by-case basis utilizing site-specific information.
                   MDE must be contacted when any water-dependent development is proposed and their written
                   comments should be attached to a submitted application regarding the presence of shellfish
                   resources and required offset distances.
                                   (6) That dredging- shall be conducted in a manner, and using a
                                   method, which causes the least disturbance to water quality and
                                   aquatic and terrestrial habitats in the area immediately surrounding
                                   the dredging operation or within the Critical Area


                       Dredging adversely impacts water quality and aquatic life through increased turbidity,
                   decreased dissolved oxygen, and destruction of benthic communities.             Projects that entail
                   minimum construction and maintenance dredging are preferred; however, the permissible extent
                   and frequency of dredging can only be determined on a site-by-site basis. Marina planners must
                   recognize how both natural currents and structural features such as existing or proposed
                   breakwaters, etc. make"certain areas susceptible to shoaling. Facilities should be designed to
                   direct boat traffic away from such areas.
                      Dredging operations involve high equipment and labor cost, as well as the time and
                   procedural commitment of complying with detailed federal, State and local regulations. Thus,
                   environmental considerations aside, economic factors virtually preclude projects that call for an
                   excessive degree of dredging.
                      Due to the high potential for adverse environmental impacts, water-dependefit activities should
                   be sited in areas which require little, if any, dredging. Sites located near naturally deep basins
                   (at least 6'feet NEW) will minimize or eliminate the need for dredging. Sites on long, narrow,
                   or winding channels, or near shallow water habitat should be avoided, as these'usually require
                   extensive maintenance dredging. Again, areas ol"high shoaling or sediment deposition should not


                                                                    16








            be utilized as frequent maintenance dredging will be required. State Tidal Wetlands Regulations
            (COMAR 05.05.08.05) place specific restrictions on dredging activities in areas where SAV,
            wetlands, shellfish beds, anadromous fish spawning or propagation waters and other valuable
            habitats occur (see pgs. 2-4).
                Proper siting and design of water-dependent facilities can minimize the need for dredging.
            Some simple siting and design features which help reduce the need for dredging as well as its
            negative impacts are listed as follows:
                *  locating slips for boats of deep draft in naturally deep water;
                *  having dredged channels follow the course of the natural channel-,
                *  extending piers and docks into naturally deep waters;
                *  providing dry-stack storage for smaller boats and using lifts to transport them to the water;
                *  using a dredging method that minimizes environmental impacts;
                *  using turbidity curtains to confine suspended sediments; and,
                *  complying with time-of-year restrictions placed on dredging activities by Tidal Wetlan      ds
                    Regulations (COMAR 05.08.05.05).
                Dredging requires permitting from State (Maryland Department of Natural Resources/
            Department of the Environment) and Federal (U.S. Army Corps of Engineers) agencies.
                            (7) That dredged material will not be placed within the Buffer or
                            elsewhere in that portion of the Critical Area which has been
                            designated as a Habitat Protection Area except as necessary for:
                            (a) backfillfor permitted shore erosion protection measures; (b) use
                            in approved vegetative shore erosion projects; (c) placement on
                            previously approved channel maintenance material disposal areas;
                            and (d) beach nourishment --

                Convenient sites for the disposal of dredged material are at a premium; if dredged material
            must be trucked away, the expense of the operation greatly multiplies. Dredging proposals for
            industrial harbor areas face the possibility of resuspending toxic sediments. The disposal of
            contaminated dredged material is a very controlled activity in Maryland.
                Filling, of open water and/or wetlands invariably results in significant adverse impacts to
            aquatic resources.  Wetlands and ecologically important shallow water habitat can be buried and
            forever lost to filling activities. Filling also. temporarily increases- turbidity, lowers dissolved


                                                             17







                    oxygen, and may release pollutants (nutrients, organic hydrocarbons, heavy metals etc.) into the
                    aquatic environment. Appropriate site selection can reduce dramatically the need for filling
                    activities. Sites should have adequate upland area for project development and possible future
                    expansion thus effectively eliminating the need for major filling projects. Filling requires permits
                    from federal and State agencies. It should be noted that most filling of wetlands or shallow water
                    habitats is considered unacceptable and in most cases permits/licenses will not be issued.
                                   (8)That interference with the natural transport of sand will be
                                   minimized


                       This requirement relates to, the need to consider circulation patterns and how in-water
                    structures affect them. Beach areas naturally rely on intermittent and seasonal replenishment of
                    sand lost annually. Poorly planned construction can remove the source of this replenishment,      by
                    causing sand formerly washed up on the beach to go into. new shoal formation at different

                    locations.
                       The construction of bulkheads, groins, jetties or other solid structures can greatly alter the
                    natural transport of sand. When it is absolutely necessary to construct such structures it is
                    important to minimize their length and to design them to allow littoral material. to bypass the
                    access way. This may help minimize the disruption in littoral drift.


                                                 i) Stormwater Management Measures
                       The State of Maryland requires stormwater management plans for any property which
                    proposes the grading or disturbance of 5000 sq. ft. of new, undisturbed area. Peak management
                    of both the two- and ten- year storms is required.          MDE's      Sediment and Stormwater
                    Administration should be contacted for guidance on the development and implernentation of the
                    required stormwater management plan. Critical Area criteria require that any development or re-
                    development within the IDA be accompanied by urban BMP's to help mitigate -potential water
                    quality impacts associated with stormwater runoff. The criteria further specify that these practices
                    be capable of achieving at least a 10% reduction in post-development pollutant loading (COMAR
                    27.01.02.03). This requirement is commonly referred to. as the 1110% Rule". Computation
                    measures have been devised which can be used to demonstrate the reduction in phosphorus (the
                    "keystone" pollutant contributing to the decline of the Bay) loadirig at the development site.

                                                                    18








             Guidance for compliance with the "10% rule" is provided in "Applicant's Guide for 10% Rule
             Compliance: Urban Stormwater Quality Guidance for the Maryland Chesaeake B.2y Critical Area
             in Intensely Developed Areas (IDA)" which was prepared for the Commission by the
             Metropolitan Washington Council of Governments in May of 1993.
                For projects in LDAs or RCAs, any amount of new impervious surface must "eliminate all
             stormwater runoff caused by the development in excess of that which would have come from the
             site if it were in its pre-development state" (COMAR 27.01.02.04).            Marinas and other
             commercial water-dependent boat docking facilities which propose expansion or redevelopment
             in the RCA must demonstrate that the development activity 'will not adversely affect water-
             quality. In fact, such proposals must demonstrate that post development water quality at or
             leaving the site will have improved over existing conditions. This entails both pre- and post-
             development water quality monitoring.
                Marinas, through BMP's, must. control and minimize any adverse impacts to water quality.
             Locations adjacent to tidewaters are a stormwater management challenge. Stormwater runoff is
             particularly damaging to water quality at marina sites. In addition to the pernicious introduction
             of nutrients into an already eutrophic water column, marinas may experience significant run-off
             from parking lots and hull maintenance areas. This runoff may contribute a variety of toxic
             organic compounds and heavy metals to the aquatic environment. The design ideal is to ensure
             that there is no rapid, unfiltered runoff into adjacent water from either the marina area or upland
             development.
                The appropriate design and operation of a marina hull maintenance area can be significant in
             reducing toxic runoff from marinas into adjace  nt waterbodies. The USEPA recommends design
             features which include the use of discrete and impervious areas (e.g., cement areas) for hull
             maintenance and boat service activities; the use of roofed areas that prevent rainwater from
             contacting pollutants; and the development of management practices for the control and drainage
             of off-site runoff away from the hull maintenance area for separate treatment (EPA, 1993). The
             EPA has set a standard which requires an .80% annual reduction of total suspended solids in
             runoff from hull maintenance areas, and has designated a comprehensive instructional guide to
             Best Management Practices for the achievement of this goal (see EPA, 1993).



                                                             19








                       Boat hull maintenance areas should be designed so that all vessel repair and 'maintenance
                   occurs over dry land and preferably under roof The facility should provide for the collection and
                   appropriate disposal of debris, residues, solvents, spills, and stormwater runoff (EPA, 1993). Hull
                   maintenance areas should be designated and clearly posted so that no maintenance should occur
                   outside of these areas. The use of impervious surfaces in these areas will greatl- enhance the
                                                                                                          y
                   collection of toxic debris either by vacuuming or sweeping.
                       In addition to controlling runoff from boat maintenance areas, it is important to maximize on-
                   site green space areas to reduce the overall quantity of runoff, and provide for a
                   filtration/infiltration and/or a retention /detention mechanism to enhance the quality- of the runoff.
                   This can be accomplished using many different BMP's. The State of Maryland together with the
                   USEPA specifies appropriate practices. The applicability of one practice over another varies from
                   site to. site. Such practices include:
                       a) Design of boat hull maintenance areas to capture contaminated runoff
                       b).Source control practices
                       c) Sand filter
                       d) Wet Pond
                       e) Constructed wetland
                       f) Infiltration basin/trench
                       g) Chemical and filtration treatment systems
                       h) Vegetated filter strip
                       i) Grassed swale
                       j) Porous pavement
                       k) Oil-grit separator
                       1) Holding tank
                       in) Swirl concentrator
                       n) Catch basins
                       0) Catch basin with sand filter
                       p) Adsorbents in drain inlets.
                   The removal efficiency, applicability, and both installation and maintenance costs of these
                   practices are   ftilly discussed in the USEPA publication Guidande- Specifying Manage             mdnt

                                                                     20








            Measures For Sources of Non-Point Pollution In Coastal Waters (1993) and are found in Chapter
            Five. These should be considered and implemented where applicable when designing stormwater

            management systems.
                Where applicable, the use of vegetated filter strips, grassed swales, and created wetlands are
            the preferable Best Management Practices.         These vegetative practices coupled with the
            mandatory 100-foot natural Buffer, in many cases, can provide adequate stormwater quality
            management, in addition to providing areas of habitat, recreation and aesthetic beauty. However,
            when necessary, retention and detention practices such as berms, catchment basins, settling ponds,
            and sand and gravel filtration systems (in conjunction with culvert systems) can be used to
            impede runoff and reduce sediment load.
                The Commission prefers the redevelopment of existing structures and facilities to the
            development of new water-dependent facilities. Therefore, anti-runoff strategy as applied to
            boating facilities should focus on improving existing operations. Upgrading or retrofitting upland
            stormwater management facilities is a major part of this strategy; reduced sediment load will
            directly benefit water quality as well as lessen the need for dredging. Older marinas with sheet-
            flow drainage are limited in their range of anti-runoff options, especially if they are located in
            built-out areas that preclude installing catchment basins or creating large landscaped areas.
            Berming and planting a. small area along the water's edge may still be feasible, and should be
            considered. When bulkheads are replaced, a simple runoff detention retrofit usin      g. perforated
            pipe, gravel and filter cloth can be incorporated into the job for little more expense than
            conventional bulkheading.
                Questions about stormwater permitting and applicable Best Management Practices should be
            directed to local jurisdictions with adopted stormwater ordinances or MDE. Water quality
            certification through the EPA and MD      E is required of any marina offering boat repair and

            maintenance.



                                   ii) Specific Boating-Related Hazardous Materials
                Boating uses generate a specialized range of environmental hazards in.addition to general
            watershed-wide runoff effects. Boats and timber structures, when placed in the water, are
            vulnerable to rot and barnacle encrustation (fouling) that must be N#arded off with a variety of

                                                            21








                   toxic chemical preservatives and bio  cides. Boat fueling and boat hoist operations also carry the
                   risk of pollutant discharges.
                       Some abatement can be realized by switching to less hazardous materials. For instance, anti-
                   fouling paints containing tributyltin JBT), extremely toxic to marine organisms, were phased out
                   (except for aluminum vessels) several years ago;. the copper compounds now used are less
                   harmful, but still are toxic and warrant cautious handling. If wood pilings are treated with a
                   more refined grade of creosote or with an alternative preservative, the toxic load they introduce
                   into the aquatic environment can be reduced; pilings and bulkheads of recycled plastic may be

                   utilized in the future.

                       Such recent and potential advances notwithstanding, the most important controls for boating
                   related toxic material involve careful containtrient and disposal. Any maintenance or repair
                   procedure employing scraping, power spraying, solvents etc. should never be performed in, on
                   or over the water. In fact, in new marinas it is required to be performed outside of the Buffer.
                   Where possible, existing facilities should relocate such activities upland, preferably out of the
                   Buffer'. Optimally, all paint chips and other hazardous debris from boatyard work should be
                   collected into a separate, self-contained disposal system, typically a floor drain below the repair
                   yard equipped with settling tank and clean out. If a retrofit of this scope is not feasible for an
                   existing operation, repair debris should at least be caught and collected on a dropcloth. Waste
                   material associated with boat maintenance, if left uncontained, has the potential to cause serious
                   metal contamination of the soil a*nd water. However, as a retrieved residue, it is not classified
                   as restricted hazardous waste and should be accepted by any currently approved landfill.
                       Liquid material such as waste oil, gasoline, diesel fuel, kerosene, mineral spirits, and used
                   antifreeze should all be stored separately in clearly labeled containers. These used materials
                   should be stored in impervious areas, and curbs and berms should be construct       ed around these
                   areas to prevent the spread of an accidental spill. If individuals within a marina collect, contain,
                   recycle or dispose of their own liquid waste, appropriate signs and mailings should direct marina
                   patrons to proper disposal or recycling facilities.
                       Well-maintained equipment and careful operation will minimize spill risks from boat fueling
                   but"marina owners should have containment booms on hand for emergencies. The majority of fuel
                   spilled in the Bay occurs during the fueling, process when fuel spills 6ver and out of the air vent.

                                                                    22








            A relatively cost effective device (available commercially for about $85) called a fuel/air
            separator can effectively control this widespread problem. Marina patrons should be encouraged
            to use these devices. Marina fuel pumps should be equipped with automatic shut-off nozzles to
            prevent unnecessary spills. Oil contamination from bilge discharges can be reduced by requiring
            vessels to. use adsorbent filter pads in their bilge. These pads are reasonably priced and adsorb
            up to twelve times their own weight in oil.


                                                   iii) Marine Sanitation
                Boat sewage discharges cause serious. localized pollution pockets, especially in. constricted
            near-shore shallow waters. Overall they are a fairly minor component of the excess nutrient
            pollution that has disrupted Chesapeake Bay ecology -- but a component that can and should be
            eliminated completely. Technical methods for the handling of marine sewage are reliable and
            economically achievable. Proper disposal of marine sewage by boaters on the Bay can be
            achieved through expanded availability of appropriate facilities, increased public education and
            environmental awareness and strict enforcement of marine sewage regulations.
                Marina owners should incorporate language into the lease agreement specifying compliance
            with waste disposal practices. Federal law requires the mandatory disabling of "Y" valves in type
            III Marine Sanitation Devices (MSDs) to prevent the accidental or intentional discharge of raw
            sewage into State waters. Recently passed State legislation incorporates this requirement into State
            law effective in 1997, and mandates enforcement by State law enforcement personnel. The
            USEPA has suggested that the placement of dye tablets into holding tanks could greatly
            discourage illegal dumping within the waters of the Chesapeake.
                Under the Clean Vessel Act of 1992 the USFWS offers grants for marinas to install marine
            sewage disposal facilities, which includes pump-outs to dispose of sewage from boat holding
            tanks, dump stations, and the disposal of portable toilet waste. . This money is administered
            through the Boating Administration of the Maryland DNR. Recent legislation adopted by the
            Maryland General Assembly requires all existing marinas with more than 50,slips and all new
            and expanded marinas with 10 or more slips to install sewage pump-out facilities. It is estimated
            that by 1997, Maryland will triple its pumpout capacity by adding 200 new stations. Vessels
            which are found dumping sewage into Maryland waters will face stiff fines and legal. penalties.

                                                             23








                        Visible and convenient dock locations will encourage pump-out use. An information
                    campaign addressed to the boating public could contrast the minimal effort entailed in proper
                    handling of sewage with the chronic damage caused by dumping. This information campaign
                    coupled with adequate signage and enforcement could drastically increase boater use. Marinas
                    should also combat the boat sewage problem by making sure that their required on-shore restroom
                    facilities are adequate and well maintained.
                        An obvious way to reduce the intentional dumping of sewage into marina basins is               the
                    incorporation of language'into individual leases which requires compliance with a no dumping
                    policy. Contracts might read       "Head discharge overboard will result in voiding this contract
                    immediately and expulsion from the marina with forfeiture of rental fees. Heads are to be
                    pumped out without a per-service fee at the marina as often as requested."
                        Boat heads use disinfectants such as formaldehyde or chlorine, and various deodorizing
                    chemicals, all of which impede the biological processes neutralizing waste. These chemicals have
                    deleterious effects on marine life -- another argument against dumping. They also call for some
                    precautions when introducing boat sewage into land-based waste systems, whether septic or
                    municipal. If boat waste goes into municipal sewers in small increments, they should be able to
                    maintain efficient operation. Only when a large "slug" of chemical-laden effluent enters a system
                    is there a chance of problems. Municipal sewer authorities' should be encouraged to approve
                    connections for marina pump-outs and dedicated slip-side systems, since the alternative practice
                    of collecting waste in a holding tank, and periodically trucking large quantities to the sewage
                    plant poses a greater risk to the treatment systems. Marinas with septic tanks should follow a
                    similar dilution principle by mixing pump-out wastes with        waste water from on-shore toilet,
                    shower, and laundry facilities prior to on-site disposal.


                                                 iv). Solid Waste Management Measures
                        Facilities that are clean and well-kept encourage users to keep them that way. In addition to.
                    being aesthetic@lly offensive, discarded waste, plastic in particular, poses a serious threat to birds
                    and aquatic creatures who ingest it. or become snarled in it. Studies in recent years have
                    demonstrated'that this is a surprisingly major factor in wildlife mortality. Proper disposal
                    facilities should be convenient and available to all marina patroris. The recycling of non-

                                                                     24








            hazardous waste such as glass, plastics, wood, paper, cardboard, aluminum, and scrap metal
            should be instituted where feasible. The EPA recommends that used lead-acid batteries be stored
            on an impervious surface, under cover, and sent to or picked up by an approved recycler.
            Rec eipts should be maintained for inspection.
                Accumulation of fish scraps at piers and in near-shore waters creates several pollution
            problems: odor, attraction of pests, and elevated biological oxygen demand which can lead to
            oxygen depletion. Offshore disposal of fish waste is a less acute concern, but still is generally
            undesirable. Marinas with significant fishing activity should establish separate fish-cleaning areas
            with secure, regularly serviced receptacles.' Modern enclosed composting methods are an even
            more environmentally desirable means for the ultimate disposal of all organic wastes.


                                         v) Boat Operation and the Environment
                The behavior of boaters greatly influences whether their recreation has a minimal or
            significant adverse environmental effect. One obvious example is the management and proper
            use of marine sanitation devices and the appropriate   handling of sewage. Another is the degree
            of compliance to speed limits and no-wake rules in near shore or shallow water. Boating activity
            can resuspend bottom sediments resulting in the reintroduction of toxic compounds into the water
            column. Boating in shallow water can increase turbidity which ultimately results in decreased
            photosynthetic activity of algae and SAV. Boat operation may also shear or uproot SAV and
            damage oyster bars and other important habitats. Prop wash can also cause the erosion of
            shorelines and a general degradation in water quality. . The EPA suggests the exclusio         n of
            motorized vessels from areas that contain important shallow water habitats (small tidal creeks,
            SAV, shellfish beds etc.) and the establishment and strict enforcement of no-wake zones to
            decrease turbidity and wave-induced erosion. This hazard is particularly relevant in light of the
            accelerating popularity of jet-skis, since jet-ski operators, unlike most people using conventional
            craft, do not face the risk of incurring major engine, or other damage from running hard in

            shallow  water.









                                                             25









                                          vi) Public Education andEnvironmental Awareness
                       The most effective tool for fighting pollution is public education. The creation of public
                   education/outreach/training programs should be instituted for boaters as well as rnarina owners
                   and operators. Environmental education can help prevent the improper disposal of polluting
                   materials. Educational program's can be designed to promote "green" marinas and will serve to
                   enhance environmental awareness as well as promote marinas and boating activities. Educational
                   signs placed in marinas and at boat launching sites can direct boaters to pump-out facilities.
                   Adequate signage and mailings instructing boaters in the necessity of utilizing these facilities can
                   greatly increase boater use.


                                                   of Operating an Environmentally Proactive Marina
                                vii) The Benefl
                       It is in the vested interest of the marina owner to maintain a clean, environmentally sound
                   marina. The new breed of marina. patron is the: product of the "green" generation and in most
                   cases is concerned with the health of the Bay. By instituting environmentally proactive marinas,
                   owners and operators can increase marina patronage and customer satisfaction, while decreasing
                   the chances of being cited for failure to comply with environmental regulations. The EPA
                   recommends that marina owners incorporate certain environmental requirements (mandatory
                   disabling of "Y" valves, placement of. dye tablets in holding tanks and the inclusion of a "no-
                   discharge" clause) within their leases and contracts (EPA, 1993). This would help to establish an
                   owner/patron relationship that serves the public and private interest. Marina patrons who refuse
                   to comply with environmental regulations could be held in breach of contract and forced to
                   comply with marina policy.


                                       E) Concerning Houseboats, Liveaboards, and Boatels
                       According to the MDE (COMAR 26.04.02.01), a "floating home" means "any vessellf
                   whether self-propelled or not, which is:
                                   "(a) used, designated or occupied as a permanent dwelling unit,
                                   place of business, or for any private or social club, including a
                                   structure constructed upon a barge primarily immobile and out 0j,
                                   navigation, or any structure which functions substantially as a land
                                   structure while the same is moored or docked within Maryland;


                                                                    26








                            and, (b) which has a volume coefficient greater than 3, 000 square
                           feet based upon the ratio of habitable space of a vessel measured
                            in cubic feet and the draft of a vessel measured in feet of depth.


                MDE regulates houseboats as structures (not vessels), which are required            to have full,
            permanent dedicated slipside sewer and wastewater collection. The primary environmental
            concern at issue is the appropriate handling of sewage and wastewater. In addition, permanent
            floating structures may result in severe light reduction and can eliminate or alter many benthic
            habitats. Maryland defines "domestic sewage" as the liquid or water-carried waste derived from
            dwellings, including floating homes etc. Sewage and grey water discharges from- houseboats,
            floating homes a  nd liveaboards can have significant adverse effects on water quality and public
            health. Therefore, MDE requires that floating homes (as defined above) be permanently
            connected to dedicated slipside sewage connections which empty into sewage treatment facilities
            approved by the local health department.
                Liveaboards have yet to be defined and regulated under Maryland law. However, the USEPA
            in its document Guidance Specif
                                               ying Management Measures for Sources of Nonpoint Pollution
            in Coastal Waters 0 993) suggests that liveaboards also be serviced by a dedicated slipside sewage
            collection. Maryland is expected to codify these suggestions in the near future. All marinas
            serving vessels on which people remain overnight should -be especially conscientious about
            sanitation. This means enforcing no-discharge rules, providing convenient pump-out facilities or
            dedicated slipside service, and keeping on-shore facilities in top condition.
                Dry-stack boat storage facilities or "Boatels" refer to structures that are either partially or
            completely covered, which are on land and are used for the vertical storage of boats on racks.
            Dry-stack storage is an expanding enterprise, particularly in built-out regions with heavy demand
            for boat access as it is an economically viable alternative to in-water slips for the storage of Class
            A (less than 16 feet) and Class 1 (16 feet to less than 26 feet) vessels. These struct   ures serve as
            an efficient means for large-scale access to the water in areas where the creation of many new        .
            slips is impractibal or undesirable. Dry storage can be environmentally friendly in that it requires
            less destruction of -the fragile Bay shoreline and it virtually eliminates the need for toxic anti-@
            fouling compounds. The main planning issues to consider in regard to boatels are runoff control
            provisions, traffic capacity, and aesthetics.

                                                              27








                        A boat.el is not directly a water-dependent facility according to Critical Area criteria, and
                     therefore, must be located outside of the mandatory 100' Buffer. This is not an obstructive
                     regulation, given that the turning radius for large boat lift vehicles requires virtually that distance
                     anyway. The lift will heed a hard surface on which to operate. If a boatel is allowed, adequate
                     vehicular access and stormwater management measures are standard requirements. A jurisdiction
                     may also require height limits, enclosed racks, and/or landscaping for visual screening.


                                        F) Guidance on Criteria Regulating Community Piers
                                   and other Non-Commercial Boat Docking and Storage Facilities
                        Shoreline subdivisions initiate the construction of many in      dividual private (locks and boat
                     houses, and/or a community pier to provide both riparian and non-riparian lot purchasers access
                     to the water. Water-dependent development associated with shoreline subdivisions can have a
                     profoundly negative effect on habitat value, natural diversity and aesthetic beauty of riparian
                     habitat if improperly located, designed or operated.
                        The State of Maryland defines "Community Piers" as: "boat docking facilities associated with
                     subdivisions and similar residential areas, and with condominiums, apartment, and other multiple-
                     family dwelling units (CONLAR 27.01.01.01)." Private piers, installed or maintained by riparian
                     landowners, which are not part of a subdivision are excluded from this definition. The location
                     of boating facilities is regulated through zoning and other development ordinances. Commercial
                     marinas and yacht clubs are generafly located in areas specifically zoned for such maritime use.
                     However, community piers or marinas are often sited in residential areas with special use
                     permits.
                        The criteria (COMAR 27.01.03.07) are applicable to new or expanded community marinas
                     and other non-commercial boat-docking facilities. Generally, community piers are permitted in
                     the IDA, LDA, and in the RCA districts. The construction or expansion of community piers is
                     subject to the conditions set forth for water-dependent development. The location and design of
                     a boating facility should be such that it or the -boating activity it engenders does not cause or

                     aggravate: -
                        * adverse impacts on wetlands, aquatic resources, and navigation;
                        * congestion and safety problems;

                                                                      28









                * turbidity or other adverse -water quality impacts;
                * shore erosion problems; and/or
                * other adverse environmental impacts.
            In addition, community piers must comply with the same requirements, considerations, and
            management practices set forth for marina development. Of course the degree of site assessment
            depends on the scope of the proposed project.
                The Critical Area criteria stipulate that community piers or other non-commercial boat
            docking and storage facilities must:
                * be water-dependent;
                *  meet a recognized private right or public need;
                *  be community-owned and established for landowners within a platted and recorded riparian
                    subdivision;
                *  be associated with a residential development approved by the local jurisdiction for the
                    Critical Area and be consistent with all criteria and local regulations for the Critical Area;
                *  minimize adverse effects on water quality and fish, plant and wildlife habitat;
                *  insofar as possible, locate nonwater-dependent structures or operations associated with
                    water-dependent projects or activities outside of the Buffer;
                *  make sure that disturbance to the Buffer is the minimum necessary to provide a single
                    point of access to the facility;
                *  not offer food, ftiel or other goods and services for sale, and provide and maintain adequate
                    and clean sanitary facilities; and,
                * not permit private piers in the development when a community pier is provided.


                The Critical Area criteria provide a precise mechanism for the determination of the number
            of allowable slips to platted lots within the Critical Area. The number of slips permitted at a
            facility shall be the lesser of the following:


                   one slip for each 50 feet of shoreline in a subdivision located in an Intensely or Limited
                    Development Area, and one slip for each 300 feet of shoreline in a subdivision located
                    in a Resource Conservation Area; or

                                                              29








                          a density of slips to platted lots or dwellings within the subdivision in the Critical
                           Area in accordance with the following schedule:



                             Platted lots or            Slips
                             dwellings in the

                             Critical Area

                             Up to 15                   1 for each lot
                             16 - 40                    15 or 75%, whichever is greater
                             41 - 100                   30 or 50%,, whichever is greater
                             101 - 300                  50 or 25%, whichever is greater
                             More than 300              75 or 15%, whichever is greater

                      The section   regulating the development of    community vs. private piers is an important
                   component of the criteria. The Commission recommends the development of community piers,
                   which meet the legitimate needs of the landowners, over the establishment of many individual
                   private piers. However, if some riparian landowners constructed private piers prior to Critical
                   Area approval of a local jurisdiction's Program, a community facility may still be permissible.
                   However, lots containing private piers or the expanse of collective shoreline contained in those
                   lots cannot be included when determining the number of permissible slips in die subdivision.
                   When a lot is used in the determination of the allowable number of slips the owners forfeit their
                   right to construct a private pier. It should be noted that a community fishing pier and swimming
                   platform can be allowed if it is of modest scope, properly designed and meets the requirements
                   of the criteria for water-dependent facilities.
                       A local jurisdiction may grant a variance     from this provision   in accordance with the
                   regulations adopted by the     Commission concerning variances as       part of local program
                   development set forth in COMAR 27.01.11 and notification of project applications set forth in

                   COMAR 27.03.01.
                      The "under the table" rental of community slips by community members to non-community
                   members is -a widespread problem. The purpose of the community pier is to serve members of
                   the community'in a recreational (not financial) manner. Community organizations should


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            discourage this practice. This can be accomplished by requiring that a boat docked in an
            individual's assigned be registered to that person. The penalty for violating this covenant should
            be the revocation of slip privileges.


                                  G) Guidance on Structures Over Tidal Wetlands

                                                   In the Critical Area



                                                      i) Background
                'Under the 1986 Critical Area' criteria, water-dependent facilities are defined as:


                    "those structures or works associated with industrial, maritime, recreational,
                    educational orfisheries activities that require location at or near the shoreline
                    within the Buffer.. An activity is water-dependent if it cannot exist outside of the
                    Buffer and is dependent on the water by the intrinsic nature of its operation.
                    (COMAR 2 7.01.03. 01).

                The definition clearly characterizes water-dependent facilities in terms of the minimum 100-
            foot shoreline Buffer of the Critical Area. However, it does not clearly define water-dependent
            facilities in terms of their location in tidal waters and tidal wetlands. Furthermore, the criteria
            specifically prohibit disturbance to the Buffer from structures that are not water-dependent, yet
            parallel restrictions for tidal waters and wetlands waterward of the Buffer were not clearly
            outlined in the 1986 Critical Area regulations.
                In 1989, the Maryland General Assembly adopted Natural Resources Article, ï¿½ 8-1808.4, to
            address the construction of structures on piers located in tidal wetlands of the Critical Area.
            Generally, subsection (e) of the law prohibits local jurisdictions (except Prince Georges County)
            from issuing a building permit for the construction of a structure that is not water-dependent on
            a pier located in State or private tidal wetlands in the Critical Area..
                There are several exceptions to the subsection (e) prohibition. Under subsection (e) (2), a
            local jurisdiction may issue such a building permit, if a wetlands permit was issued for the project
            by the Secretary of the Department of Natural Resources on or before January 1, 1989. Under
            subsection (e) (3), a local jurisdiction may issue such a building permit within the Intensely
            Developed Areas. However, the pier must appear on a DNR aerial photograph dated before


                                                             31








                    December 1, 1985. In these case       s, pier expansion is limited by criteria outlined under the
                    legislation. Finally, subsection (e) (4) allows for the repair of these structures.
                        if a structure that is not water-dependent is to be permitted by the local jurisdiction under the
                    exceptions of subsection (e) (3) or (e) (4) of the Law, an applicant is required to demonstrate that
                    the project will meet several environmental objectives. Using standards established by the local
                    jurisdiction's Critical Area program, an applicant must show that the construction will have no
                    long term adverse effects to the water quality of the adjacent waterbody. The quality of
                    stormwater runoff from the project also must be improved. New sewer or utility lines must not
                    affect adjacent waters.
                        Except as noted above, non-water-dependent structures are not to be permitted on piers on
                    or over State or private wetlands in the Critical Area. The Law clarifies the intent of the Critical
                    Area legislation to protect water quality and aq.uatic habitat waterward of the Buffer.


                                          ii) Environmental Impacts from Structures on Piers
                        A number of direct as well as cumulative environmental impacts can occur from the
                    establishment of structures over wetlands and open water. Construction activities (e.g., pile
                    driving, use of heavy equipment) can destroy cor disturb wetland and benthic communities, and
                    structures can cause shading that can eliminate certain wetland and submerged communities or
                    can result in a change in species composition.
                        Impervious structures increase the volume and velocity of storm water runoff, creating greater
                    potential for erosion of wetlands and shallow water habitats. Pollutants, such as nutrients and
                    hydrocarbons, collect and concentrate on structures as a result, of human activity or from
                    atmospheric deposition and during storms, those pollutants . are flushed into the water and
                    wetlands without the filtering benefits of "Buffer" vegetation and soils.
                        While the adverse environmental impacts of a single structure may be minimal, the cumulative
                    effects of many structures placed along a reach of shoreline are significant. The cumulative
                    effect of pollutant loading severely degrades water quality. Structures located in. a confined
                    waterbody can reduce flushing and circulation, resulting in a subsequent decline in water quality.
                    As a result of cumulative impacts, entire communities of wetland and benthic or!                    be
                                                                                                        ,ganisms may
                    adversely affected or even eliminated from an area.

                                                                      32









                             iii) Development Requirements for Structures in Tidal Areas
            Development requirements for the construction of structures over tidal wetlands, tidal waters and

            their Buffers are outlined below:

                   The construction of water-dependent structures is permitted in tidal. waters, tidal
                   wetlands and their Buffers.


            Only certain types of structures are water-dependent. They are necessary to provide access to the
            water and their intrinsic nature requires their location in, on, over or under the Buffer, tidal
            wetlands and tidal waters. Examples of water-dependent structures include piers., docks, crab
            shedding structures, boat ramps, moorings, swimming platforms (not associated with pools).
            Critical Area criteria and Natural Resources Article, Section 8-1808.4 permit the construction of
            water-dependent structures in the Buffer and within tidal wetlands, only when they do not pose
            a major threat to valuable habitat.

                   Structur es that are not water-dependent may not be constructed within tidal water,
                   tidal wetlands and their Buffers,


            A number of structures are not water-dependent because they do not require a location along the
            shoreline or within tidal wetlands and waters. Examples of such structures include:
                   1. Dwellings
                   2. Restaurants, shops and other commercial buildings
                   3.  Gazebos, decks and recreational areas
                   4.  Sheds and storage buildings
                   5.  Parking
                   6.  Sanitary facilities

                   Certain  structures@@ and..activities. should be. evaluated on a. case.-by-case basis to
                   determin .e:: ifth.Wr: 1 ad in tidal wetlands is permitted.


            'Some structures may need to be evaluated on a case-by-case basis as to whether they should be
            permitted in the Buffer, tidal wetlands.or tidal waters. Structures must be examined individually
            with regard to proposed use and potential impacts on water quality and natural habitat.



                                                           33










                                                  NOTES




























































                                                    .34









                                                             Chapter 11.



                          GENERIC SITE SELECTION AND EVALUATION PROCEDURES

                           FOR WATER-DEPENDENT EXPANSION AND DEVELOPMENT



                      Water-dependent facilities are defined as those structures or works associated with
              industrial, maritime, recreational, educational or fisheries activities that require a location at/on
              or near the shoreline. An activity is water-dependent if it cannot exist outside the Buffer and is
              dependent on the water by the intrinsic nature of its operation. Operators of water-dependent
              facilities, the success of which depends on a healthy aquatic environment, have a "veste        d interest"
              in preserving such a regime. Environmentally sensitive site planning and project design are
              essential to the survival of water-dependent uses. Site planning and evaluation must include a
              careful, thorough assessment of the adverse environmental effects that may occur along the fragile

              shoreline.

                       The Critical   Area Commission recognizes the need for a practical outline and clear
              guidance describing     the necessary site evaluation and regulatory considerations which require
              attention during the site-selection and project approval processes. The Critical Area Commission
              also realizes that there are varying impact levels of water-dependent development and expansion,
              and has taken this into consideration when developing standard assessment processes. The
              standard review, recommended to local, county, and State agencies, for proposed "minor"
             .expansions of water-dependent facilities is designed to serve as a model which these j urisdic         tions
              may use to develop their site evaluation and review processes. This abbreviated review process
              also should enable local regulatory agencies to assess plans for water-dependent facilities prior
              to large financial investment by applicants. This process may be sufficient in            assessing minor
              proposals; but, a complete envirom-nental review may be required at the discretion of.local
              planners. The Town of North Beach developed a checklist which can be used in a generalized
              planning context or as a site specific analysis of a proposed project at a particular site. A slightly
              modified version of this checklist is provided as Appendix A. It may serve as a "model" to assist
              local planners in developing and instituting complete and reasonable abbreviated assessments of
              proposals for "minor" water-dependent growth and expansion. Th6project review process for

                                                                   35








                   new water-dependent facilities or for facilities which propose "significant" expansion of existing
                   water-dependent facilities is of greater scope and intensity and is provided in section B of this
                   chapter.


                                     A) Abbreviated Review Process for "Minor" Expansions,
                                             Retrofitting, and Redevelopment Proposals
                           What characterizes a "minor" expansion of a water-dependent flacility, and how does it
                   differ from new facilities or facilities proposing "significant" expansions'? The Commission holds
                   that minor expansions:
                           * will not require dredging of more than 199 cubic yards of material during construction;
                           * will not require filling -of wetlands or shallow water habitats;
                           * will be conducted in a way which extends additional slips into deeper water;
                           * will not require the construction of new bulkheads or wave attenuating

                                  structures;
                           * will implement applicable Best Management Practices; and,
                           * will fully address the Critical Area criteria.
                           The maximum number of in-water slips which may be added to a water-dependent facility
                   under the abbreviated process shall be 10 slips or 10% of existing slips (whichever is greater)
                   without implementing upland improvements, and. a maximum of 20 slips or 15% of existing slips
                   (whichever is greater) if approved upland enhancement or mitigation results in anet increase in
                   water quality. Improvement in stormwater management, specifically at hull maintenance areas,
                   is the preferred mitigation.
                           The minor expansion of a water-dependent facility, utilizing the abbreviated process,
                   should also achieve the expansion only once during the life span of the facility regardless of a
                   change in ownership, name, use or time. Such expansion may be accomplished incrementally
                   over a specific time frame. Proposed waterward expansions other than the initial plans approved
                   through ihe abbreviated assessment should be subject to a complete environmental review (see
                   Section B) unless it can be clearly demonstrated that water quality will be increased through the
                   use of BMPs and appropriate retrofitting techniques.



                                                                    36








                             Proposed sites for "minor" expansions should be evaluated by the appropriate agencies (see
                 Appendix B) to determine if such expansion would have adverse effects on the following:

                             Natural Resources

                             1) Submerged Aquatic Vegetation (SAV)
                             2) Tidal and Nontidal Wetlands
                             3)   Shellfish Beds
                             4)   Rare, Threatened, or Endangered Species
                             5)   Spawning, Nursery, or Propagation Areas for Anadromous Fish
                             6)   Shallow Water Habitat
                             7)   Colonial Waterfowl Nesting Sites
                             8)   Forests with Interior Dwelling Bird Species
                             9)   Natural Heritage Areas
                             10)  Tributary Streams
                             11) Waterfowl Staging Areas
                             Water Quality Impacts
                             12) Flushing Characteristics'
                             13) Existing Water Quality Conditions
                             14) Navigation
                 If the proposed additional in-water slips will have an adverse impact upon any of these resources,
                 then the applicant should change or alter the location, size, and/or number of the proposed in-
                 water slips to avoid or to minimize any adverse impacts to these resources.
                             Most.siting and design practices for increasing flushing potentials are applicable only to
                 site.selection or basin design of new marinas. One can do little to increase flushing in an existing
                 marina basin other than reconfigure basin geometry or add new. channels and openings through
                 massive dredging. Such dredging would most likely cause major adverse environmental impacts,
                 which would likely outweigh environmental benefits derived from increased flushing; in addition'.
                 the cost and th6 regulatory hurdles would be exorbitant.



                             Minor expansions should be sited and designed to maximize flushing potential. To qualify as a "minor" expansion, proposals
                 should demonstrate that to the greatest extent possible the project c6mplics with the suggested applicqble flushing management practices.
                 Appendix A presents a review of some planning considerations for maximizing flushing.


                                                                                     37








                            The checklist and guidelines for minor expansions and development as provided in
                   Appendix A:
                            * describe the proposed uses and services as well as list some general site characteristics
                                   and requirements;
                            * discern the need for permits from federal, State and local regulatory agencies; and,
                            * pinpoint possible activities and site characteristics that may create adverse

                                   environmental effects.

                            Associated with the checklist are a set of guidelines that are to -be used in the evaluation
                   process. The guidelines briefly describe aspects of a proposed activity or project that may impact
                   aquatic resources. Siting considerations and some mitigating techniques are also provided.


                              B) Complete environmental review for new water-dependent facilities
                                    or significant expansions proposed within the Critical Area.
                            The primary differences between the review processes for minor vs. major development
                   are in water quality and flushing data that may be required in the latter. Minor expansions
                   seldom warrant such complex and expensive studies. The facility already exists and a modest
                   addition, if managed properly, should not result in significant alterations to water quality or
                   flushing rate. The importance of proper site selection and design techniques in the development
                   of new water-dependent facilities is well documented (see review by Chmura and Ross, 1978).
                            New facilities, or those undergoing major expansions, can adversely affect the aquatic
                   environment. By the assessment of existing water quality and flushing rates, local planners and
                   engineers can determine the appropriateness of a proposed facility to its location. Through
                   monitoring the location and design of proposed projects, in relation to existing water quality and-
                   flushing rate, local planners can ascertain environmental impacts and guide development in an
                   environmentally sensitive manner.
                            All (major and minor) project proposals must evaluate the site for.possible impacts to:

                            Natural Resources
                            1) Submerged Aquatic Vegetation (SAIV)
                            2) Tidal and Nontidal Wetlands.
                            3) Shellfish Beds

                                                                    38








                     4) Rare, Threatened, or Endangered Species
                     5) Spawning, Nursery, or Propagation Areas for Anadromous Fish
                     6) Shallow Water Habitat
                     7) Colonial Waterfowl Nesting Sites
                     8) Forest with Interior Dwelling Bird Species
                     9) Natural Heritage Areas
                     10) Tributary Streams
                     11) Waterfowl Staging Areas


                    The checklist and guidance for minor expansion and development provided in Appendix
             A should suffice for project description and habitat assessment for both the abbreviated and
             complete environmental assessment. In addition to the completed checklist, the following
             information (excluding flushing studies and water quality monitoring) should be included with
             all proposals requiring either the abbreviated or complete environmental assessment.


                                    MMing Information Needed for Site Evaluation
             Vicinity Sketch All project proposals should include a clear vicinity sketch at I "=2000'scale with
             the property boundaries clearly indicated. A circle or star for the property area is not acceptable.
             Plan Submittal Depending upon the size of the property, proposed development, and existing
             natural features, submittal requirements may differ as to scale and presentation. However, all of
             the requested information must be clearly indicated. It may be necessary to submit two plans at
             the same scale, one showing existing conditions and the other, proposed development.
             Topography needs to be clear, with contour lines labeled as to the elevation so that all contours
             throughout the property are clearly legible. Existing conditions should reflect any variety in
             vegetative communities if they occur on site (for instance, tidal wetlands, nontidal wetlands, tidal
             marsh, mixed deciduous/coniferous forest, mature oak hardwood, mixed Woody successional,
             pastureland, old field etc.) and communities should be clearly delineated and labeled. I" to 100"
             or 200" is suggested for the mapping.
             Floodplain Delineate the ultimate calculated nontidal. floodplain or indicate. the     coastal  flood
             hazard elevation as indicated on the FEMA series maps.

                                                              39








                    Wetlands All tidal and nontidal wetlands are to be drawn on all plans. Mean high water should
                    be indicated by line or note.
                    Bathymetry Existing water depths are to be indicated throughout the proposed marina as well
                    as the controlling depths in the navigational channel. A description of the adjacent estuarine
                    system is. required including existing and potential SAV habitat, shellfish beds, condition of
                    shoreline, spawning and nursery areas etc.
                    Soil Types These should be shown on the plans, not just on an attachment from the Soil Survey.
                    Use entire soil mapping unit (e.g. SaB2 or MvE), not just series name (e.g. Sassafras).
                    Steep Slopes Clearly indicate 15% and greater slopes. It is important to separate those into

                    >15% and >25%.
                    Upland Natural Areas, Areas of Critical State Concern, Chesapeake Bay Critical Area
                    Boundaries and Habitat Protection Areas Indicate these (where applicable) on the plan.
                    Spawning Areas, Nurseiy Areas, Submerged Aquatic Vegetation and Shelyi-shBeds Indicate
                    the nearest of these based on current records. If necessary, this may be done on a I "=2000' scale

                    map.
                    Buffers Indicate the following where applicable on the plan:

                           Nontidal wetlands                             25' Buffer

                           Tidal wetlands                                100' Buffer
                           Streams (perennial and intermittent)          100' Buffer

                           Tidal shoreline                               100' Buffer

                           Expanded Buffer - for all contiguous wetlands, steep        slopes, and hydric and highly

                           erodible soils.

                    Areas of Clearing, Limits of Disturbance, Construction Areas Indicate all planned and potential
                    areas of clearing for all uses (landward structures such as houses, yards, patios, decks, parking
                    lots, roads, septic fields, stormwater management, swimmi          .ng pools, pumping stations,
                    underground holding tanks   water wells etc. and waterward development such as groins, jetties.
                    docks, piers, breakwaters, structures on piers etc.). Be realistic in terms of sizes as there may be
                    woodland clearing and impervious surface requirements. Be sure all construction areas are
                    located outside of the Buffer unless the facility is absolutely water-dependent. If there is a



                                                                    40








            question as to whether a structure or function is water-dependent it should be addressed to the
            local Critical Area Program.
            Habitat Protection Areas Identify all areas as described in the Critical Area Criteria for habitat
            protection. Includ e any areas within 1320' of the site boundaries.



                                   Narrative Information Needed for Site Evaluation
            Rare and Endangered Species A letter from the DNR Natural Heritage Program is required.
            However, the consultant or other representative is responsible for identifying those species on the
            DNR's list, since DNR have not totally documented the State for rare or endangered species.
            This work is to be.done during the growing or breeding season.
            Vegetative Description Vegetation should be clearly described in the narrative as communities
            unless it is uniform throughout the proposed site. Please be aware that since some plant species
            (herbaceous layer, some wetland species, and SAV) are not readily identified during the winter,
            a growing season field survey is required. All plants should be described in both common and

            scientific nomenclature.

            Animals Differentiate between observed and expected species. List them by both common and
            scientific names. Do not generalize and list as "snakes", "birds" etc.
            Stormwater Management Stormwater management may be presented conceptually but must
            address water quality for roads, parking (including driveways) and roof leaders. An analysis of
            the soils map, indicating infiltration potential examples, and examples of specific measures that
            may be installed should be included. Soil borings are required to demonstrate infiltration
            feasibility. Stormwater management requirements will not be waived for roads or parking areas.
            Impervious surface should be minimized. Stormwater management requirements for Intensely'
            Developed Areas (IDA) differ from Limited Development Areas (LDA) and Resource
            Conservation Areas (RCA). Stormwater management facilities must be located outside nontidal
            wetlands and their Buffers. Peak management will also be necessary for the Two- and Ten-year
            storms. It should be noted that stormwater discharged directly into tidal waters through a stable
            method of conveyance (i.e. that will not cause significant erosion on its way to the Bay) generally
            does not require peak management (quantity control). However, water quality man         agement is
            still required.

                                                            41








                   Pollutants List specifically which pollutants are expected to increase over existing conditions.
                   Describe Best Management practices proposed to minimize the introduction of pollutants into the

                   marine environment.

                   Shoreline Protection Measures Justify the method to be used according to the criteria for shore
                   erosion control. Documented erosion rates will be necessary for all bulkheading and revetments.
                   Mitigation Any tidal wetland mitigation that has been approved must be carried out at least in
                   a 1:1 ratio. Non-tidal wetland and forest mitigation should be performed at least in a 1:1 ratio

                   if located outside of the Buffer and at 3:1 if located inside the Buffer.

                   Calculations Provide total acreage of pro*perty, in the Critical Area, woodland acreage in the
                   Critical Area, acreage of woodland to be cleared for all uses and total impervious surface, and
                   total disturbance. Provide worksheets demonstrating numerical results of flushing models, and

                   the 10% rule.

                   Flushing and Water Quality Provisions Each water-clependent facility which requires a complete
                   environmental assessment must demonstrate that it is to be located on a waterbody which exhibits
                   acceptable flushing characteristics. Again, the circulation and flushing characteristics of marina
                   basins greatly influence local water quality by affecting the distribution and dilution of potential
                   boating-related pollutants. Because of the obvious control flushing exercises over water quality,
                   the Commission requires flushing studies to illustrate that the proposed body of, water flushes
                   within an acceptable time frame (4 days or less). The most common flushing calculation
                   methodology is based on dilution calculations which are determined by a theory of mass flow as
                   .applied to a tidal prism flushing model. This inodel is described in detail in the Environmental
                   Protection Agency's publication "Coastal Marinas Assessment Handbook" (1985).                   This
                   calculation can give preliminary estimates of expected flushing rates and is applicable to the
                   planning stages of marina development. The model combines site-specific: flushing and
                   circulation data with marina geometry, siting and design data in mathematical models. The. EPA
                   differentiates between open and semi-enclosed marina, basins. Open marina basins are held to
                   flush with the ambient water while semi-enclosed basins may demonstrate different flushing
                   characteristics. The flushing provision need apply only to new development or significant re-
                   developments. "Minor" projects which demonstrate that proper site selection and. project design


                                                                    42








           have implemented Best Management Practices and have adequate flushing may have this
           requirement waived at the discretion of the local planners.
                   All new or major expansion of water-dependent development must demonstrate, through
           water quality moni  toring, that the intended use poses minimal threat to water quality, and that
           at no time will water quality degrade below the levels described in State of Maryland's Receiving
           Water Quality Standards. Water quality certification may be required through the Maryland
           Department of the Environment and the United States Environmental Protection Agency.





































                                                         43












                                                             NOTES




























































                                                                44









                                                       Appendix A



            A CHECKLIST AND GUIDELINES TO SERVE AS AN ABBREVIATED REVIEW OF

            PROPOSALS FOR "MINOR" EXPANSIONS OF BOATING-RELATED FACILITIES

            IN THE CRITICAL AREA

                   These checklists and guidelines are intended to serve as examples of an abbreviated review
            process for minor expansions of water dependent facilities. To qualify as a minor expansion a
            project can only propose the addition of either 10 slips or 10% (whichever is greater) of existing
            in-water slips to an existing structure without implementing upland improvements, and may add
            up to 20 slips or 15% of existing slips (whichever is greater) if it can be demonstrated that upland
            mitigation will result in a net increase in water quality. The preferred mitigation is the
            improvement or retrofitting of existing hull maintenance areas. Proposals for minor expansions

            must:

                       not require the dredging of more than 199 cubic yards of material during
                       construction;
                       not require the filling of wetlands or shallow water habitats;
                       be conducted in a way which extends slips into deeper water;
                       not require the construction of new bulkheads or wave attenuating structures;
                       implement available Best Management Practices, and utilize environmentally sound
                       design technologies; and,
                       fully address the Critical Area criteria.
                   The minor expansion of water dependent facilities using this abbreviated review process
            should achieve the expansion only once during the life span of the facility regardless of a change
            in ownership, name, use or time. Any proposed waterward. expansions other than the initial plans
            approved through the abbreviated assessment should be subject.to a complete environmental
            assessment unless it can be demonstrated that water   quality. will be improved through the use of
            BMPs and appropriate retrofitting techniques.
                   The checklist is structured so that Section I effectively provides a project description and
            Section 11 addresses environmental concerns. An answer of "YES" to questions 11 A through K
            (on pages 51-52) should trigger an environmental concern that @hould receive a. thorough

                                                             45








                    evaluation by the local Critical Area program during the approval process. In most cases if
                    "YES" is checked, professional assistance should be obtained so that the necessarv technical
                    information to support the evaluation can be obtained. An answer of "UNKNOW]"T" should also
                    prompt an effort to obtain professional assistance.          Agency contacts and the type of
                    assistance/information they provide are listed in Appendix B.
                           The checklist and guidelines for minor expansions and development will:
                           * describe the proposed uses and services as.well as list some general site characteristics
                               and requirements,
                           * discern the potential need for permits from federal, State and local regulatory agencies;

                               and,
                           * pinpoint possible activities and site characteristics that may create potential for adverse

                               environmental effects.

                           This abbreviated review process can also be used by prospective developers who are
                    considering water-dependent facilities for a particular project. If the checklist is received at an
                    early stage of project planning, it will alert developers to the following: 1) proposed uses and
                    services allowed at the site; 2) potential permitting needs; and, 3) possible environmental concerns
                    which could place constraints on the project.
                           Associated with the checklist are a set of guidelines. that are to be used in the. evaluation
                    process. The guidelines generally describe aspects of a proposed activity or project that may
                    impact aquatic resources. Siting considerations and some mitigating techniques are! also provided.
                           The checklist and guidelines as presented are patterned after similar plans presented in the
                    following documents: 1) Program 3: Water Dependent Facilities Plan for the Town of North
                    Beach; 2) U.S. Environmental Protection Agency. 1985.               "Coastal Marinas Assessment
                    Handbook" EPA Region 4 #904/6-85-132.











                                                                     46











            CHECKLIST FOR MINOR EXPANSIONS OF BOATING-RELATED FACILITIES




         1. PROJECT DESCRIPTION


         A. Location

         Municipality                                 County

         Body of Water

         Critical Area   Designation

         Zoning

         Existing Land Use



         .B. Type of Water-Dependent Facility Ues)
         Marina     ..................................   New       Expanded

         Community Docking      .......................  New       Expanded

         Public Beach     ...........................    New       Expanded

         Research Areas      .........................   New       Expanded

         Fisheries Facilities       ...................  New       Expanded

         Aquaculture   ...... a ......................   New       Expanded

         other (please describe)






         C. Intended Use                                      Public      Private


         Commercial     ................................


         Recreational    ................................


         .Educational   ................................











                D. Services & Facilities


                      1. Marina services:

                          Fuel     .................           Electricity/Water

                          Boat Launch/Ramp     .......         Boat Hoist     .........

                          Dry stack Storage        ....

                          Marine Sewage Disposal Facility:

                          Pumpout   ......          Portable Toilet Dump Station

                          Repair and Maintenance (E@ngine, hull, propeller)

                          Other (please describe)

                      2.  Marina facilities:

                          Ship's store    .............         Hotel   ...............

                          Recreational Facilities (description)



                          Restaurant    ...........            Parking   .............

                          Access Road    ..........            Seafood Processing

                          Boat Construction      ....          Utilities    ...........

                      3.  Community Docking:

                          Electricity    ........             Boat Launch/Ramp      ....

                          Water   ..............              Boat Hoist     ..........
                          Sanitary Facilities       ...............................

                          Marine Sewage Disposal Facilities:

                          Pumpout ...             Portable Toilet Dump Station

                          other (please des.cribe)











              4. Public Areas:,

                  Boat Launch/Ramp    ......        Boat Hoi.st   .........

                  Electricity    ...........        Restaurant/Shop

                  Water   .................         Parking   ............

                  Access Road/Utilities             Sanitary Facilities

                  Public Fishing Pier ...

                  Marine Sew-age Disposal Facility:

                  Pumpou-t            Portable Toilet Dump Station

                  Passive Recreation (nature study, hunting etc.)

                  other (please describe)



        E. Types of Boats

                  Sail   ..................         Power   ..............

                  Both   ..................         Size Range      .......

                  other (please describe)




        F. Size

              Number of slips   .........

              Range in slip size    ....

              Submerged area (acres)

              .Upland area:

                    Within the Buffer


                    outside of the Buffer










                                             49












                    G. Hydrographic Conditions

                           Tidal Range         .............................

                           Water depth of at site             ....   Minimum (MLW)

                                                                     Maximum (MLW)

                           Completed project depth ....Minimum (MLW)

                                                                     Maximum (MLW)




                   H. Critical Area Criteria

                        Is the proposed activity considered                      YES NO         UNKNOWN

                        water-dependent by the Critical Area

                        criteria?    . .........................

                        Does @he activity fulfill a ,

                        public/private need?            ................

                        Are the proposed uses/services/facilities

                        permitted in the land use designation?























                           Development activities are allowed within the Buffer provided that the proposed activity
                   can demonstrate that it is water-dependent and fulfills a public or private need. If it cannot
                   be readily discerned that a project or structurE! meets these standard criteria, then the
                   Chesapeake Say Critical Area Commission may be contacted to assist in interpreting the intent of
                   the Law.


                                                                   50










         II. PROJECT ASSESSMENT                              YES NO UNKNOWN

         A. Will dredging be required for:

              1) Access channel?     .......................

              2) Boat basin?    .............................

         B. Will filling be required:

              1) In wetlands?    ..........................

              2) In open water?     ........................

         C. Is the disposal of dredged material

              required?   .................................

            Will the material be placed in either a Buffer

              or Habitat Protection Area?      ..............

         D. Will structures be required:

              1) Pier and piles      .......................

              2) Bulkhead    ..............................

              3) Revetment    .............................

              4) Boat ramp/launch    ........................

              5) Jetties   ................................

              6) Groins  .................................

              7) Breakwaters   .............................


         E. Is the water at the site characterized as

              having a low flushing potential (e.g.,

              located on dead end channels or canals.

              or at the upper reaches of an estuary

              or tidal creek, or having'low tidal

              range or a low net flow)?      ...............




                                            51









              F. Will activities alter existing water circu-

                   lation patterns or salinity regimes?      .....

              G. Will activities disturb wetlands,

                   submerged aquatic vegetation (SAV) Or

                   other important habitats?     ................

              H. Will activities disturb shellfish beds or

                   subject them to contaminated discharge?

              I. Will water quality be affected by:

                   1. non-point surface run-off:?    ............

                   2. sewage discharge?    .....................

                   3. boat maintenance activities?     ..........


                   4. bottom wash discharge?     ................

              J. will the natural transport of sand be

                   affected?   .................................

              K. Will the project affect a Habitat Protection

                   Area including past and present waterfowl

                   staging and concentration areas?     .........

                Indicates the possible need for permits from federal and/or

                State Agencies.


















                                                E)* 2









                     GUIDELINES FOR WATER-DEPENDENT PROJECT CHECKLISTS



                                           1. Project Description/Items A - I
                   The Critical Area designation on the local Critical Area map should be used to determine
           the land-use category of the project parcel. This boating-related facilities guidance paper and the
           local Critical Area program (COMAR 27.01.03) should be evaluated thoroughly to determine if.
                   * the proposed use and all services and facilities are allowed within the Critical Area
                      designation;
                   *  all the conditions of the accepted use can be met;
                   *  all structures and activities that are not water-dependent are located outside of the
                      Buffer; and,
                   *  available Best Management Practices, if applicable, are instituted.



                                          11. Project Assessment/Items A - K
           Item A: Dredging Aquatic ecosystems can sustain a myriad of detrimental enviromnental
           alterations from dredging activities. Dredging can:
                   * alter existing water circulation and salinity regimes;
                   * lead to a reduction in dissolved oxygen;
                   * increase turbidity and sediment deposition; and,
                   * resuspend pollutants (organic toxins, nutrients, heavy metal   .S*).
                   This can result in the degradation or elimination of wetlands, submerged aquatic
           vegetation (SAV), commercially important finfish and shellfish areas, as well as the destruction

           of native benthic habitats.

           Due to the high potential for adverse environmental impacts, water-dependent activities should
           be sited in areas which require little, if any, dredging. Locating a site near naturally deep basins
           (at least 6 ft. MLW) will minimize or eliminate the need for dredging. Sites should not be
           proposed on long, narrow, or winding channels, or near shallow water habitat to avoid extensive
           maintenance dredging. Areas of high shoaling or sediment deposition shoula not be considered
           for the same reason.   No dredging should be proposed in areas where SAV, wetlands, shellfish
           beds, anadromous fish spawning waters and other valuable* habitats occur. State Tidal Wetland

                                                            53








                   Regulations (COMAR.05.08.05.05) place certain restrictions on dredging activities near sensitive
                   aquatic resources (see pgs. XX-XX). Proper siting and design of water-dependent facilities can
                   minimize the need for dredging. Some simple siting and design features which reduce the need
                   for dredging are listed as follows:
                          *  locating slips for boats of deep draft in naturally deep water;
                          *  having dredged channels follow the course of natural channels;
                          *  extending piers and docks into naturally deep waters;
                          *  providing dry-stack storage with lifts to transport smaller'boats to the water;
                          *  using a dredging method that minimizes environmental impacts;
                          *  using turbidity curtains to prevent suspended sediments from reaching sensitive habitat;
                             and,
                          *  complying with time-of-year restrictions placed on dredging activities by Tidal Wetland
                             Regulations (COMAR 05.08.05.05).
                          Dredging activities require permitting from State (Maryland Department of Natural
                   Resources and Department of the Environment) and federal (U.S. Army Corps, of Engineers)
                   agencies.


                   Item B: Filling Filling may result in significant. adverse impacts to aquatic resources. Wetlands
                   and ecologically important shallow water habitat can be buried forever. Filling temporarily
                   increases turbidity, lowers dissolved oxygen, and may release pollutants (nutrients, organic
                   hydrocarbons, heavy metals etc.) into the aquatic environment. Appropriate site selection can
                   dramatically reduce the need for filling. Sites should have adequate upland area for project
                   development and ftiture expansion to eliminate the need for major filling projects. Filling
                   requires permits from federal and State agencies. It should be noted that most filling of wetlands
                   or shallow water habitats is considered unacceptable and is not permissible.


                   Item C. Disposal of Dredged Material When dredging is necessary a water-dependent facility
                   should be located near currently authorized upland disposal areas. Upland areas are the preferred
                   disposal sites because toxic metals, organic hydrocarbons, and other pollutants f6und in
                   contaminated dredged material are less likely to enter the water. Areas designated for disposal

                                                                  54









            should be adequate to receive both dredged material from initial construction as well as material
            from future maintenance dredging.         The disposal of dredged materials in wetlands is
            unacceptable.
                   According to Critical Area criteria placement of dredged material in the Buffer is not
            permitted except for the following:
                   (a) backfill for permitted shore erosion protection measures;
                   (b)  use in approved vegetated shore erosion projects;
                   (c)  placement on previously approved channel maintenance spoil
                        disposal areas; and,
                   (d)  beach nourishment." (COMAR 27.01.03.04.b)
                   Disposal areas must be approved by the U.S. Army Corps of Engineers and the Maryland
            DNR and MDE. Upland disposal of hydraulically dredged material also requires a permit of
            water quality certification from MDE.


            Item D: Structures Boating-related facilities may require protective structures for shore erosion
            control. Bulkheads or revetments may be necessary for erosion control and bank stabilization.
            Pilings and piers are established for boat moorings and human access. Breakwaters may be
            necessary to absorb wave energy and protect moored boats, and groins and jetties are sometimes
            used to minimize littoral drift and maintain access to open water.
                   Improperly designed structures can have significant environmental impact. Aquatic
            resources (SAV, wetlands, shellfish beds, fish habitat etc.).may be adversely affected, even
            eliminated. Water quality can be reduced when solid 'structures such as breakwaters reduce
            natural circulation and mixing. Treated structures such as breakwaters and pilings may leach
            .toxic compounds into the environment.
                   The simplest method to avoid or minimize adverse ecological effects from structures is
            to site a Water-dependent activity in a naturally protected area. An area that is not subject to'
            significant wave action eliminates the need for protective structures such as bulkheads,, revetments
            and breakwaters. High activity areas (such as boat ramps) should be located away from sensitive
            natural resources (SAV, wetlands, and aquatic habitats).



                                                            55









                          Non-structural shoreline control (vegetative stabilization) should be utilized wherever
                  possible. If structures are required the following should be implemented to minimize adverse
                  e rivironmental effects:
                          * avoid solid structures;
                          * do not treat structures with toxic anti-fouling biocides and preservatives (e.g. creosote,
                              copper salts, etc.);
                          * use rip rap in place of solid bulkheads;
                          *   allow for the maximum penetration of sunlight to wetlands and SAIV by elevating
                              docks, piers, and walkways, orient them in a north-south direction, minimize their
                              width, and space pilings as far apart as possible; and,
                          *   do not perform construction during spawning or breeding months.
                  -Construction of structures require permits from the Maryland DNR and the U.S. Army Corps of
                  Engineers.


                  Item E.- Flushing Boating-related facilities should be located where the body of water has
                  adequate flushing characteristics. The waters of a site can become contaminated by pollutants
                  generated from the deleterious introduction of stormwater runoff from uplands, vessel discharge
                  and the improper operation   of marine sanitation facilities associated with water-dependent use.
                  If a body of water has a low exchange rate or poor flushing potential, pollutants will concentrate
                  and water-quality will quickly deteriorate. Sitings of water-dependent facilities shall be avoided
                  on dead-end channels or canals or at the upper reaches of a tidal creek or estuary, as such areas
                  characteristically have low tidal range and low net. flow. Pollutants are better dispersed and
                  diluted in areas with greater flushing capabilities such as open water or areas near the mouth of
                  a tidal tributary or creek. A convex shoreline is preferable to a concave shoreline for projects
                  located on open water sites. A two- to four-day flushing rate is considered acceptable for most
                  project areas.
                          The basin of an expanded marina or docking facility should be designed *to enhance
                  natural circulation and flushing. To maximize flushing potential, plans should consider:
                          * extending additional slips channelward into naturally deep water;
                          * siting of expansion -in areas with a gradually sloping basin which leads to deeper water;

                                                                   56









                    * siting areas of expansion in areas devoid of sumps or deep holes;
                    * extending additional slips into open water;
                    * avoiding the use of solid structures such as breakwaters;
                    * constructing basins with rounded corners and no vertical walls; and,
                    * siting channels in the direction of the prevailing winds to enhance mixing of the water.


           Item F.    Water Circulation and Salinity Tides, wind, temperature, and barometric pressure
           influence water circulation within the Chesapeake Bay. Water circulation in conjunction with the
           mixture of fresh surface runoff and sea water creates a variety of chemical and physical
           conditions within the Bay. This in turn affects the type and distribution of plant, fish and wildlife
           habitats and communities. Water dependent facilities should be designed to maintain the natural
           circulation and salinity regimes of an area.
                    Shoreline structures established for water-dependent facilities can significantly alter
           existing water circulation patterns within a site. Solid structures, such as breakwaters, groins,
           jetties and bulkheads are especially likely to interfere with tides and currents and subsequently
           alter water-circulation patterns. Dredging can also alter circulation and salinity regimes.
                    Water quality of a site can be greatly affected when structures, particularly breakwaters,
           are established and water circulation is reduced. Decreased circulation can result in stagnation
           of an area with resulting fluctuation in both physical and chemical parameters leading to a
           dramatic reduction in water quality. To minimize adverse effects to circulation and salinity
           planners should:
                    * avoid solid structures;
                    * place pilings for structures (such as piers) as far apart as possible;
                    * utilize floating breakwaters where possible; and,
                    * site project so that little or no dredging is necessary (unless minimal dredging
                      will enhance existing poor circulation).


           Item G:    Wetlands, Submerged Aquatic Vegetation and Aquatic Habitats Water-dependent
           facilities will more likely than not be located in estuaries. Estuaries are unique in that they
           maintain a diversity of plant and animal habitats that are of significant commercial, recreational,

                                                            57









                   and ecological value. Unfortunately, estuarine areas are susceptible to a multitude of adverse
                   environmental effects   from water-dependent facilities including: space impacts from pollution
                   generated from upland facilities, dredging and fill activities, shoreline alteration from structures,
                   as well as discharge and turbulence from vessels. Because of this diversity of potential impacts
                   to aquatic resources, the exact location of valued wetlands, SAV beds and sensitive fishery areas
                   should be identified and water-dependent facilities must be sited away from these. areas.
                          The dramatic decline of SAV throughout, the Chesapeake Bay estuary and its tributaries
                   placed a high priority on the protection of existing and potential SAV habitat. State and federal
                   permitting agencies will, in most cases, deny an application which will cause negative impacts
                   to an existing SAV bed. In addition, projects proposed in shallowwater habitats are strongly
                   encouraged to consider alternative locations because of the high potential for the recolonization
                   of aquatic plants. Applications for projects with. direct impacts on SAV habitats are considered
                   unacceptable and in most cases will be disallowed.
                          Some planning considerations for minimizing disturbance to SAV or other shallow water

                   habitats are:

                          *   minimize the need for filling and dredging through proper site selection;
                          *   extend piers into deep water;
                          * do not schedule construction or dredging during growing or spawning seasons;
                          *   use turbidity curtain during dredging;
                          *   minimize the effects of shading through use of high, narrow piers that extend over
                              wetlands and are oriented in a north/south direction;
                          *   place shoreline structures as far upland as possible;
                          *   use floating docks or breakwaters to minimize habitat loss and allow 'for circulation;
                          *   instead of a vertical bulkhead, vegetation and (if necessary) sloped rip rao revetments
                              should be used for shoreline erosion protection;
                          *   boat ramps and other areas of high activity should. be located away        from valuable
                              habitat-, and,
                              speed limits or no wake zon  es should -be established around valuable natural resources.




                                                                    58









           Item H. Shelffish Beds Water-dependent facilities should be sited and designed to minimize
           disturbance to shellfish beds. The economic and ecological benefits of shellfish beds are obvious
           and have received much. attentioin. In particular, oyster bars provide extremely valuable benthic
           habitat. Oyster bars provide spawning and nursery areas for both fish and invertebrates, substrate
           for sessile organisms, and food for a variety of organisms including humans. Oyster beds also
           help to* establish and maintain current velocities and sedimentation patterns, and by filtering
           harmful nutrients out of the water column improve its quality.
                   Shellfish areas are readily disturbed by deteriorating water quality caused by pollutants
           arising from water-dependent facilities. Upland runoff, organic hydrocarbons (petroleum,
           pesticides etc.), heavy metals, and sewage may adversely affect shellfish. The turbidity,
           sedimentation, and turbulence created by heavy boating activities or dredging can damage both
           adult and spat attachment. Wave action can also remove the sandy substrate essential to shellfish
           bed survival. Excessi  ve siltation created by dredging or construction can result in the burial and

           suffocation of shellfish.

                   The discharge of sanitary waste from water-dependent facilities can contaminate shellfish
           and prohibit harvesting. Maryland restricts the location of such facilities to areas a certain
           distance from harvestable shellfish beds. Restrictions are based on size of the proposed project
           (number of boats) and survival time of coliform bacteria. MDE imposes restrictions on the siting
           of marinas in relation to shellfish beds on a case-by-case basis utilizing site-specific information.
           MDE should be contacted and written comments attached to submitted applications addressing
           the proposed development in relation to shellfish resources.


           Item L Water Quality Sediments, nutrients and toxic materials (hydrocarbons, heavy metals,
           pesticides) generated from upland facilities can be carried to the water through stormwater runoff
           and groundwater flow.        Spills and discharges from boat maintenance activities contribute
           significantly to the degradation of water quality.
                   Proper site selection and project design can minimize the potential for water quality
           degradation. Water-dependent facilities should be located on waterbodies with high flushing
           capabilities, as pollutants are diluted and dispersed in areas with high rates of water @xchange.
           It has been stated that "dilution is the solution to pollution" and in some waysthis is very true..

                                                             59









                  High flushing rates are very helpful in maintaining desirable water quality,               Of course,
                  minimizing pollutants in the first place, by treating runoff in upland areas, is preferred to
                  polluting and then banking on flushing to take care of the problem.
                          Proper stormwater management can be effective in reducing pollutant loadings from
                  upland areas. , Best Management Practices for the operation and maintenance of an
                  environmentally sound water-dependent facility are presented in the USEPA publications
                  "Guidance Specif
                                     ying Management Measures For Sources Of Non-Point Pollution In Coastal
                  Waters; in Chater 5: Management Measures for Marinas and Recreational Boating (1993) and
                  The Coastal Marinas Assessment Handbook (19',5) Applicable BMPs are also discussed within
                  the body    of this water-dependent facilities guidance paper and should be implernented where
                  possible.   Some BMPs include:
                          *   compliance with State established sediment\erosion control measures';
                          *   use of green areas and porous surfaces where possible (e.g. grass, parking);
                          *   minimizing the removal of existing vegetation between upland facilities and the water;
                          *   using vegetated swales and sediment detention basins (where applicable) to decrease
                              runoff velocity and increase on-site infiltration;
                          *   replant disturbed areas with a variety of trees, shrubs and grasses;
                          *   where possible, implement all applicable BMPs for containing pollutants from engine
                              and hull maintenance areas (discussed. in the body of this document);


                  Item J. Transport of Sand As the minor expansion of water-dependent facilities does not
                  .include for the construction of new jetties or bre,-fkwaters, the natural transport of sand should not
                  be greatly affected. However, if small bulkheads or other structures are allowed they should be
                  designed to allow littoral material to bypass the access way. This will minimize any disruption

                  in littoral drift.



                  Item K.- Habitat Protection Areas Including Waterfowl Concentration Areas The proposed
                  expansion of water-dependent facilities must not adversely affect Habitat Protection Areas as


                           Maryland MDE and DNR should be contacted about proposed stormwater management and Best Management Practices and written comments
                  should be attached to submitted applications.


                                                                    60









            described in CONLAR 27.01.09. Depending on the type of habitat, a variety of protective
            measures must be taken. Appropriate state agencies should be contacted for information. A
            listing of relevant agencies is located in Appendix B.
                   The Critical Area criteria specifically require that the location of new or expanded water-
            dependent facilities be sited to prevent disturbance to sites of significance to waterfowl.
            Increased boating activities associated with new or expanded water-dependent facilities can deter
            waterfowl from utilizing historic staging and concentration areas. A general indication of
            waterfowl areas can be obtained from Habitat Protection overlays; however, the      Fish, Heritage
            and Wildlife Administration of the Maryland Department of Natural Resources should be
            consulted to make site-specific determinations of the potential effects of proposed activities o  n
            waterfowl populations.






























                                                            61









                                                                         APPENDIX B


                                                                     AGENCY CONTACTS


                         AGENCY                                                             ACTIVITY/RESOURCE


                                                                                                   State Mencies


           1)  Chesapeake Bay Critical Area Commission                             Permissible land use; interpretation of Critical
               45 Calvert Street, (2nd Floor)                                      Critical Area criteria and general guidance
               Annapolis, Maryland 21401                                           on water-dependent development in the Critical Area.
               (410) 974-2426

           2)  Department of Natural Resources                                     Permissible uses of Nontidal Wetlands, Interpretation
               Water Resources Administration                                      of Nontidal Wetland Regulations, and guidance on
               Nontidal Wetlands Division                                          development impacting Nontidal Wetlands in the
               Tawes State Office Building                                         Critical Area, Guidance for the permitting process,
               Annapolis, Maryland 21401                                           mitigation and technical assistance concerning Nontidal
               (410) 974-3841                                                      Wetlands.


           3)  Department of Natural Resources                                     Interpretation of Tidal Wetland Law and Regulations, Guidance
               Water Resources Administration                                      on dredging, filling, permissible structures, direct stormwater
               Tidal Wetlands Division                                             discharges, structures on piers, wetland ecology and habitat
               Tawes 9tate Office Building                                         considerations and impacts to Tidal Wetlands resulting from
               Annapolis, Maryland 21401                                           water-dependent development in the Critical Area.
               (410) 974-3871.






                                                                               62












                                                                              63

          4)  Department of Natural Resources                                     Evaluation of projects to verify consistency with federal
              Tidewater Administration                                            Coastal Zone Program.
              Coastal and Waiershed Resources Division
              Tawes State Office Building
              Annapolis, Maryland 21401
              (410) 974-2784

          5)  Department of Natural Resources                                     Estuarine monitoring, Toxicology and Resource
              Tidewater Administration                                            monitoring.
              Chesapeake Bay Research and Monitoring
              Tawes State Office Building
              Annapolis, Maryland 21401
              (410) 974-3782

          6)  DeDartment of Natural Resources                                     Information on fisheries, both finfish and shellfish
              Tidewater Administration                                            stock. Biological, ecological and environmental
              Fisheries Division                                                  impacts affecting fish populations, guidance on
              Tawes State Office Building                                         protecting shellfish and anadromous fish during
              Annapolis, Maryland 21401                                           development activities (also contact Tidal Wetlands
              (410) 974-33.59                                                     Division).     -

          7)  Department of Natural Resources                                     Information on the proper disposal of all waste and
              Marylantl Environmental Service                                     recycling facilities. Information on the disposal of
              2011 Commerce Park Drive                                            dredged material.
              Annapolis, Maryland 21401
              (41.0) 974-7281 or 1-800-I-RECYCL







           8) Department of Natural Resources                                    Guidance on Heritage Area, rare, threatened or
              Fish, Heritage & Wildlife Administration                           endangered species, waterfowl concentrations and
              Tawes State Office Building                                        historic staging areas, unique habitats, habitat
              Annapolis, Maryland 21401                                          considerations, FIDBs, and Habitat Protection Areas
              (410) 974-551                                                      (HPAs), also information on the presence of protected
                                                                                 resources and guidance on implementing protection and/
                                                                                 or conservation plans.

           9) Department of Natural Resources                                    Information on channel maintenance, navigation, marine
              Boating Administration                                             construction, and State dredging activities. Removal of
              Waterway Improvement Program and                                   debris and derelict boats, engineering and inspection of
              Tawes State Office Building                                        marine development.
              Annapolis, Maryland 21401
              (410) 974-2743

           10) Department of Natural Resources                                   Pumpout Grants, and interpretation of Pump-out
               Boating Administration                                            legislation. Guidance on the Clean Vessel Act,
               Pla'nning & Policy Program                                        Moorings, MSI)s boat operation and BMPs.
               Tawes State Office Building
               Annapolis, Maryland 21401
               (410) 974-2939

           11) Department of Natural Resources                                   Shore Erosion Control, vegetative stabilization,
               Boating Administration                                            bulkheads, rip rap and stone revetments,
               Shore Ilrosion Program                                            breakwaters, etc.
               Tawes State Office Building
               Annapolis, Maryland 21401
               (410) 974-3727





                                                                             64












                                                                               65

           12)  Department of Natural Resources                                     Information on coastal and estuarine geology and
                Maryland Geological Survey                                          hydrogeology and hydrology of the Chesapeake Bay,
                Coastal and Estuarine Geology and                                   historical erosion rates bay-wide.
                Hydrogeology and Hydrology
                2300 St. Paul Street
                Baltimore', Maryland 21218
                      554@5544 and (410) 554-5550

           13)  Department of the Environment                                       Guidance on sediment and erosion control, stormwater
                Sediment and Stonnwater Administration                              permits, and stonnwater management techniques and
                2500 Broening Highway                                               technologies. Information on appropriate management
                lst Floor, Building 30                                              practices and retrofitting methods for runoff control.
                Baltimore, Maryland 21224
                1-800-992-8017


           14)  Department of  the Environment                                      Guidance on water quality certification and permits,
                Water Quality Program                                               general water quality, presence of shellfish resources
                2500 Broening Highway                                               and required offset distances for harvesting shellfish
                Ist Floor, Building 30                                              and\or siting of water-dependent facilities, required
                Baltimore, Maryland 21224                                           sanitation provisions.
                (410) 631-3902

           15)  Marylahd Office,of Planning                                         State comprehensive planning And water resources
                Comprehensive Planning Division                                     coordination.
                301 West Preston Street
                Baltimore, Maryland 21201
                ( in 115-d'SAI)
                ,410) 225 1562







           16) Department of Agriculture                                          Information on aquaculture.
               Aquaculture 'Office
               50 Harry S Truman Pkwy
               Annapolis Maryland 21401
               (410) 841-5724

           17) Board of Public Works                                              Requires application and review for any project
               Wetlands. Administration                                           impacting State Wetlands requiring State Wetlands License.
               Louis L. Goldstein Treasury Building
               Room 209
               Annapolis, Maryland 21401
               (410) 974-2664

           18) Maryland Historic Trust                                            Requires comments on all project applications.
               100 Community Place
               Crownsville, Maryland 21032-2023
               (410) 514-7631



               Federal Agencies

           19) U.S. Army Corps of Engineers                                       Require permits for any dredging, filling, or
               Baltimore District                                                 construction activities in tidal or nontidal
               P 0 Box 1715                                                       wetlands, disposal of dredged material in addition
               Baltimore, Maryland 21203-1715                                     to water quality certification.








                                                                             66












                                                                                 67

          20) U.S. Environmental. Protection Agency                                   Guidance on the siting, design, and management and
                Chesapeake Bay Program                                                operation of marinas and other water-dependent
                410 Severn Avenue                                                     structures. Information on BMPs, and water quality
                Annapolis, Maryland 21401                                             monitoring, determination of flushing rates, water
                (410) 266-6873                                                        circulation patterns and salinity regimes.
                                                                                      Environmentally sensitive methods of construction, and
                                                                                      the presence and protection of aquatic resources.

           21) U.S. Department of the Interior                                        Comments on dredging, filling, disposal of dredged
                Fish and Wildlife Service                                             spoil, disturbance to wetlands or other aquatic resources.
                900 Bestgate Road, Suite 401                                          Guidance on water-dependent development.
                Annapolis, Maryland 21401
                (410) 224-2732



                Research Institutes

           22)  Johns Hopkins University                                              Guidance and technical assistance on marine and
                Chesapeake Bay Institute                                              estuarine processes, such as flushing, salinity regimes
                4800 Atwell Road                                                      circulation patterns, transport of sand and water quality
                Shady Side, Maryland 20764                                            data. General biological and ecological information on
                (410) 867-7550                                                        estuarine organisms. Toxicology.

           23)  University of Maryland                                                Information on chemical, physical, biological processes
                Center for Environmental and                                          of estuarine systems.
                Estuarine Studies (CEES)
                D fA Pr%@ I'M T-Tnrn Pr%i
                1 0 ". , , 5, 11o... I oint
                Cambridge, Maryland 21613
                (410) 228-9250









                                                       Appendix C

                                        LOCATIONAL REQUIREMENTS FOR
                                          WATER-DEPENDENT FACILITIES


                                                CRITICAL AREA LAND
            WATER-DEPENDENT                        USE DESIGNATION
              FACILITY                                 PERMITTED                       COMMENT


            Industrial and Port                             IDA                   May be permitted only
            Related Facilities                                                    in shoreline areas
            (New, Expanded,                                                       designated as Buffer
            Redeveloped)                                                          Exemption Areas (BEAs)

            Marinas and other-                              IDA
            Commercial Maritime                             LDA
            Facilities (N w

            Marinas and other                               IDA                   Permitted in RCA only
            Commercial Maritime                             LDA                   if net improvement
            Facilities (Expanded)                           RCA                   in water quality is
                                                                                  achieved


            Community Piers                                 IDA                   Subject to limitations
            (hLew and Ex nded                               LDA                   on slip density
                         2a
                                                            RCA


            Public Beaches and                              IDA                   Allowed in LDA and
            Other Public Water-                             LDA                   RCA under certain
            Oriented Recreation                             RCA                   conditions
            Areas (New)





                   Key: IDA'- Intensely Developed Area
                           RCA - Resource Conservation Area
                           LDA - Limited Development Area




                                           (Table adapted from CBCAC, 1986)




                                                            68









                                                                     Glossary


                    Anadromousfish means fish that travel upstream (from their primary habitat in the ocean) to
                    freshwaters in order to spawn.
                    Atmospheric deposition is a process whereby pollutants are transported from ground-based
                    sources and through atmospheric processes are deposited on a distant, land or water surface.
                    Bathymetric means pertaining to the depth of a waterbody.
                    Benthic means "bottom-dwelling", or associated with the sea bottom.
                    Best management practices (BMPs) means conservation practices or systems of-practices and
                    management measures that control soil loss and reduce water quality degradation caused by
                    nutrients, animal waste, toxics, and sediment.
                    Buffer means a naturally vegetated area or vegetated area, established or managed to protect
                    aquatic, wetland, shoreline, and terrestrial environments from man-made disturbance.
                    Colonial nesting water birds means herons, egrets, terns, and glossy ibis. For purposes of nesting,
                    these birds congregate (that is "colonize") in relatively few areas, at which time, the regional
                    populations of these species are highly susceptible to local disturbances.
                    Commission means the Chesapeake Bay Critical Area Commission.
                    Community piers means boat docking facilities associated with subdivisions. and similar
                    residential areas, and with condominium, apartment, and other multiple-family dwelling units.
                    Private piers are excluded from this definition.
                    Critical Area means all lands and waters defined in Natural Resources Article, ï¿½ 8-1807@@
                    Annotated Code of Maryland. They include:
                            (a) all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide
                                    as indicated on State wetland maps, and all State and private wetlands designated
                                    under Natural Resources Article, Title 9, Annotated Code of Maryland;
                            (b) all land and water areas within 1,000 feet beyond the landward boundaries of the.

                                                                                                              -ur
                                    State or private wetlands and the heads of tides designated under Nat al Resources
                                    Article, Title 9, Annotated Code of Maryland; and





                                                                        69








                     (c) Modification of these areas through the inclusions or exclusions proposed by local
                             jurisdictions and approved by the Commission as specified in Natural Resources
                             Article, ï¿½  8-1807, Annotated Code of Maryland.
             Density means the number of dwelling units per acre within a defined measurable area.
             Development activities means the construction or substantial alteration of residential, commercial,
             industrial, institutional, or transportation facilities or structures.
             DO means dissolved oxygen; the concentration of free molecular oxygen in the water column.
             Ecosystem means a more or less self-contained biological community together with the physical
             environment in which the communities organisms occur.
             Endangered species means any species of fish, wildlife, or plants which have been designated
             as such by regulation by the Secretary of the Department of Natural Resources. Designation
             occurs when the continued existence of these species as viable components of the State's
             resources is determined to be in jeopardy. This includes any species determined to be an
             "endangered" species pursuant to the federal Endangered Species Act.
             Estuary means a somewhat restricted body of water where the flow of freshwater mixes with salt
             water transported, by tide, from the ocean. Estuaries are some of the most-productive ecosystems
             on the planet.
             Eutrophication is the process by which an excess of plant nutrients (e.g., nitrogen and
             phosphorus) reduces the- oxygen dissolved within a body of water, producing an environment that
             does not readily support aquatic life.
             Fecal Coliform refers to the bacteria present in mammalian feces, used as an indicator of the
             presence of human feces, bacteria, viruses, and pathogens in the- water column. -
             Fisheries activities means commercial water-dependent fisheries facilities including structures for
             the packing, processing, canning, or freezing of finfish, crustaceans, mollusks, and amphibians
             and reptiles and also related activities such as wholesale and retail sales., product storage facilities,
             crab shedding, off-loading docks, shellfish culture operations, and shore based facilities necessary
             for aquaculture operations.
             Fixed breakwaters means a breakwater constructed of solid, stationary material.
             Floating breakwater means a breakwater constructed to possess a limited range of movement.



                                                                70








                    Flushing time refers to the time required for a waterbody, e.g., a marina basin, to exchange its
                    water or a percentage thereof with water from the parent waterbody.
                    Forest interior dwelling birds means species of birds which require relatively large forested tracts
                    in order to breed successfully (for example various species of flycatchers, warblers, vireos, and
                    woodpeckers).
                    Highly erodible soils means soils with a slope greater than    15%, or those soils with a K value
                    greater than .35 and with slopes greater than 5%.
                    Historic waterfowl staging and concentration area means an area of open water and adjacent
                    marshes where waterfowl gather during migration and throughout the winter season. These areas
                    are "historic" in the sense that their location is common knowledge and because the area has been

                    used in recent times.

                    Hydric soils means soils that are wet frequently enough to periodically produce anaerobic
                    conditions, thereby influencing the species composition or growth, or both, of plants on those

                    soils.

                    Hydrographic means pertaining to ground or surface water.
                    Intensely developed areas (IDA) refers to any land area of 20 or more contiguous acres, or the
                    entire upland portion of a municipality within the Critical Area (whichever is less) where
                    residential, commercial, institutional, and/or industrial land uses predominate, and where relatively
                    little undisturbed, natural habitat occurs. These areas also have at least one of' the following
                    characteristics: a density of development equal to or greater than four dwelling units per acre; the
                    presence of public sewer and water systems with a density of greater than three dwelling units
                    per acre; or, a concentration of industrial, institutional or commercial usesi
                    Impervious surfacemeans an area covered with solid material or that is compacted to the point
                    where water can not infiltrate underlying soils (e.g., parking lots, roads, houses, patios, swimming
                    pools, tennis courts etc.). Stormwater runoff velocity and volume can increase in areas covered
                    with impervious surfaces.
                    Limited -development areas (LDAs) are      those areas which are currently developed in low or
                    moderate intensity. They also contain areas of natural.plant and animal habitats     and the quality
                    of runoff from these areas has not been substantially altered or impaired. These areas have        at



                                                                     71








            least one of the following features: housing density between one dwelling unit per five. acres and
            four dwelling units per acre; not dominated by agriculture, wetland, forest, barren land, surface
            water or open space; or has a mix of open space, dwellings, and the presence of public water and
            sewer facilities. Areas with IDA characteristics, but less than 20 adjacent acres, are classified as

            LDA.

            Marina means any facility for the mooring, berthing, storing, or securing of watercraft, but not
            including community piers and other non-commercial boat docking and storage facilities.
            Mean high water (MH99 is a tidal datum defined by NOAA as the arithematic mean of the high
            water heights observed over a specific 19 year netonic cycle. (The National Tidal Datum Epoch)
            Mean low water (ML 99 is a tidal datum defined by NOAA as the a        rithernatic mean of the low
            water heights observed over a specific  19 year netonic cycle. (The National Tidal Datum Epoch)
            Mitigation refers to a variety of processes by which offsets for adverse environmental disturbance
            may be provided.       Some mitigating techniques include tree plantings, wetland creation,
            improvement in stormwater management and cash payment in lieu of on-site mitigation.
            Mitigation is determined primarily by local government planners on a case-by-case basis using
            site-specific information.
            Naturalfeatures means components and processes present in or produced by nature, including
            but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns,
            aquifers, recharge areas, climate, flood plains, aquatic life, and wildlife.
            Natural heritage area means any communities of plants or animals which are considered to be
            among the best Statewide examples of their kind, and are designated by regulation by the
            Secretary of the Department of Natural Resources.
            Natural vegetation means those plant communities that develop in the absence of human

            activities.

            No-discharge zone means an a    .rea where the discharge of any marine sewage is not permitted.
            Nonpoint source pollution means pollution generated by difftise land use. activities rather than
            from an identifiable or discrete facility. It is conveyed to waterways through natural processes,
            such as rainfall, stormwater runoff, or groundwater seepage rather than by deliberate discharge.




                                                             72








                   Nonpoint source pollution is not generally corrected by "end of pipe" treatment, but rather, by
                   changes in land management practices.
                   Nontidal wetlands means: (a) An area that is inundated or saturated by surface water at a
                   frequency and duration   sufficient to support, and that under normal circumstances, does support,
                   a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known
                   as hydrophytic vegetation;
                           (b) Is determined according to the Federal Manual; and,
                           (c) Does not include tidal wetlands regulated under Natural Resources Article, Title 9,
                                  Annotated. Code of Maryland.
                   Nutrient refers to a group of elements which nourish growth. In the Chesapeake Bay system,
                   nitrogen and phosphorus are the nutrients contributing to excessive plant (e.g., Algal) growth and
                   eutrophication.
                   Offsets means structures or actions that compensate for undesirable impacts.
                   Organics refers to carbon-containing substances such as oil, gas, pesticides, and plant matter.
                   Permeable surfaces refers to areas characterized by material that allow stormwater to infiltrate
                   the underlying soils (e.g., soil covered or vegetated areas).
                   Pollutants means waste material that contaminates air, soil, or water. Sediment, nutrients, and
                   toxic chemicals are  considered the major groups, of pollutants contributing to the decline of the
                   Chesapeake. Phosphorus is the "Keystone pollutant" effecting the Bay.
                   Port means a facility or area established or designated by the State or local jurisdictions for the
                   purpose of water-borne commerce.
                   Project approvals means the approval of development, other than development by a State or local
                   government agency, in the Chesapeake. Bay Critical Area by the appropriate local approval
                   authority. The term includes approval of subdivisions plats, and site plans; inclusion of areas
                   with floating zones; issuance of variances, special exemptions, and conditional use permits ; and
                   .issuing of zoning permits. The term does not include building permits.
                   Public water-oriented recreation means shore-dep'endent recreation facilities or activities provided
                   by public agencies which are available to the general public.




                                                                    73









            Pump-out refers to a device that pumps or receives human body waste out of a type III marine
            sanitation devices (holding tanks). These devices vary in size and nature of operation; however,
            they are primarily used to suction sewage from a holding tank where it is temporarily stored until
            deposition  in an appropriate waste treatment system.
            Redevelopment means the process of developing land which is or has been developed.
            Removal efficiency is the capacity of a pollution control device to remove pollutants from

            wastewater and runoff.

            Resource conservation areas (RCAs) are characterized by nature-dominated environments, such
            as wetlands and forest, or resource utilization activities, such as agriculture, forestry, fisheries
            activities, and aquaculture. These areas have at least one of the following features: a density of
            one dwelling unit per five acres or less; or the dominant land use is in agriculture, wetland,
            forrest, barren land, surface water or open space. In addition, new development is to be limited
            to a density of one dwelling unit per 20 acres in an RCA.
            Retrofitting means the improvement of existing facilities and Best Management Practices utilizing
            updated technology so as to increase their applicability and removal efficiencies. In doing this,
            management measures can be enhanced and water quality can be improved without the financial
            investment required for the implementation of totally new management mechanisms.
            Riparian habitat means a habitat that is strongly influenced by water and which occurs adjacent
            to streams, shorelines, and wetlands.
            Shallow water habitat means aquatic habitat less than 3 feet in depth at mean low water.
            Shoaling is the deposition of sediment causing a waterbody or a location within a waterbody to

            become more shallow.

            Significant means a quantity, amount, or degree of importance determined by State or local

            government.
            Significantly eroding areas means areas that erode.2 feet or mo     .re per year.
            Site Plan refers to a plan, to scale, showing uses and structures proposed for a parcel of land as
            required by the Critical Area regulations involved. It includes lot lines, streets, building sites,
            buildings, other impervious surfaces, other areas of human disturbance, and major landscape
            features. Site plans are reviewed by the local jurisdiction and the Critical Area Commission staff.



                                                             74








                   Species in need of conservation means those fish and wildlife whose continued existence as a
                   State's resources are in question and which may be designated by regulation by the Secretary of
                   Natural Resources as in need of conservation pursuant to the requirements of Natural Resources
                   Article, ï¿½ï¿½ 10-2A-06 and 4-2A-03. Annotated Code of Maryland.
                   Steep slopes means slopes of 15% or greater incline.
                   Structure means anything constructed or erected on the ground or which is attached to something
                   located on the ground. Structures include but are not limited to, buildings, radio and TV towers,
                   sheds, piers, gazebos, decks, boathouses, swinirning pools, tennis courts, boat ramps, bulkheads

                   etc.

                   Threatened species refers to any species of fish, wildlife, or plants designated as such by the
                   Secretary of the Department of Natural Resources which appear likely, within the foreseeable
                   future, to become endangered, including any species of wildlife or plant deten-nined to be a
                   "threatened" species pursuant to the federal Endangered Species Act.
                   Tidalrange is the difference in height between mean low tide and mean high tide.
                   Tidal wetlands refers to those vegetated, or unvegetated, lands bordering, or lying-, beneath, tidal
                   waters which are subject to regular or periodic tidal action.
                   Topography means the existing configuration ofthe earth's surface including the relative relief,
                   elevation, and position of land features.
                   Tributary streanis means those perennial or intermittent streams in the Critical Area which are
                   so noted on the most recent Geological Survey 7.5 minute topographic quadrangle maps (scale
                   1:24000) or on more detailed maps of studies at the discretion of the local jurisdictions.
                   Turbidity refers to the degree of sediment suspension in thewater column.
                   Use means the purpose or activity for which a piece of land or its building is designed, arranged,
                   or intended, or for which it is occupied or maintained. Land use planning and control - through
                   zoning and other devices such as Critical Area Law - is a primary concern of the public and
                   planners; with depletion of natural resources and the degradation of the environment , land use
                   is increasingly being recognized as a major national issue.
                   Variance refers to a device which grants a property owner relief from certain provisions of the
                   Critical Area ordinances when, because of particular physical surroundings, shape, or



                                                                    75








            topographical condition of the property, compliance would result in an unwarranted hardship upon
            the owner, as distinguished from a mere inconvenience or a desire to benefit' economically.
            Authority to decide variances is vested in the local jurisdiction's Board of Appeals or, in certain
            jurisdictions, a special hearing examiner. All variances granted by Boards of Appeal or hearing
            examiners within the Critical Area are reviewed by Critical Area Commission staff for
            consistency with State regulations.
            Water-dependentfacilities means those structures or works associated with industrial, maritime,
            recreational, educational, or fisheries activities that require a location at or near the shoreline
            within the Buffer specified in COMAR 27.01.09.
                    (a) An activity is water-dependent if it cannot exist outside the Buffer and is dependent
                           on the water by reason of the intrinsic nature of its operation. These activities
                           include but are not limited to, ports, the intake and outfall structures of power
                           plants, water-use industries, marinas and other boat docking structures, public
                           beaches and other public water-oriented recreation areas, and fisheries activities.
                    (b) Excluded from this regulation are individual private piers installed or maintained by
                           riparian landowners, and which are not part of a subdivision which provides
                           community piers.
            Watershed means a large region of uplands where the slope of the topography contributes
            stormwater runoff to an adjacent waterbody or network of waterbodies. The watershed for the
            Chesapeake Bay encompasses some 16 million acres.
            Wildlife habitat refers to those plant communities and physiographic features that provide food,
            water, and cover, nesting, and foraging or feeding conditions necessary to maintain populations

            of animal in the Critical Area.
            Zoning permit means an official finding that a planned use of a property, as indicated by an
            application, complies with the requirements of the jurisdiction's zoning ordinance and Critical
            Area criteria or meets special conditions of a variance or special permit.







                                                            76










                                                        Literature Cited



                  Cardwell, R.D., and R.R. Koons. 1981. Biological Considerations for the Siting and Design of
                         Marinas and Affiliated Structures in Puget Sound. Washington Department of Fisheries
                         Technical Report No. 60


                  Chmura, G.L., and N.W. Ross. 1978. The Environmental Impacts of Marinas and Their Boats:
                         A Literature Review with Management Considerations. University of Rhode Island
                         Marine Memorandum 45, #P-675, Narraganset, R.I.


                  NCDEM., 1990. North Carolina Coastal    Marinas: Water Quality Assessment. North Carolina
                         Department of Environmental Management, Raleigh, NC. report No. 90-01.


                  Nece, R.E., 1981. Platform Effects on Tidal Flushing of Marinas. Journal of Waterway, Port,
                         Coastal and Ocean Engineering, 110(2):'251-268.


                  U.S. Environmental Protection Agency. 1993. Guidance Specifying Management Measures for
                         Sources of Nonpoint Pollution in Coastal Waters. Washington D.C. #840-B-92002.


                  U.S. Environmental Protection Agency. 1985. Coastal Marinas Assessment Handbook. EPA
                         Region 4 #904/6-85-132.








                                                                                                                                   NOAA COASTAL SERVICES CTR LIBRARY


                                                                                                                                   3 6668-14111955 4 -