The Baltimore District of the U.S. Army Corps of Engineers (Corps) published a public notice on January 22, 2016 soliciting comments on the proposed issuance of its Maryland State Programmatic General Permit-5 (MDSPGP-5). Several modifications to the current MDSPGP-4 are proposed with the MDSPGP-5. Comments will be accepted until March 7, 2016. The MDSPGP-4 is set to expire on September 30, 2016, and will be replaced with the MDSPGP-5. Projects currently authorized under the MDSPGP-4 are not automatically re-authorized by the MDSPGP-5, even if the project qualifies for authorization under the MDSPGP-5.

Baltimore COE Regulatory Boundary Map¹ Click the image to view in full screen.
What if your authorized work cannot be completed prior to the expiration of the MDSPGP-4? The existing MDSPGP-4 will expire on September 30, 2016. If on-site work (within the authorized areas - i.e. wetlands, streams, etc.) has not been completed prior to that date, then you will be granted an additional year, or until September 30, 2017, to complete all authorized jurisdictional impacts provided you have commenced construction or are under contract to commence construction of the authorized work. If the authorized impacts cannot be completed by September 30, 2017, and you don't meet one of the conditions noted above, then a new application will need to be submitted to the Corps in order for the project to be reauthorized under the MDSPGP-5. Note: on Page 83 of the proposed MDSPGP-5 it states that "activities...that have not been completed, have 12 months from the expiration date of the MDSPGP-4 to complete the work..." which could be interpreted to mean that one does not need to begin work to be granted an automatic 12-month extension. However, the language of an actual MDSPGP-4 permit states "Be advised that you have 12 months from the effective date of the MDSPGP-4's expiration, modification or revocation to complete the work under the present terms and conditions provided you have commenced construction or are under contract to commence construction of the authorized work." Therefore, we recommend that you plan your project timeline according to the latter since it is more restrictive. How do I get my project re-authorized by the Corps? If your project needs to be re-authorized under the MDSPGP-5, a new application must be submitted to the Corps once the MDSPGP-5 becomes effective. This could be a big timing problem because of the time needed to obtain a new permit - unless your public comments cause this issue to be readdressed. What are the other notable changes? While several changes are proposed with the MDSPGP-5, the general conditions and impact thresholds for most land development permit categories remained virtually unchanged. With the MDSPGP-5, the Corps is proposing two new categories for impact activities:
- b. (6) Culvert Pipe Grouting/Sealing and Joint Repairs; and - e. (10) Stormwater Management Facilities. The impact category for Culvert Pipe Grouting/Sealing and Joint Repairs is limited to existing degraded pipe and box culverts in need of repair. This category would be used primarily by county departments of transportation and the State Highway Administration. While impacts associated with the construction of stormwater management facilities that are integral to the construction of Residential, Commercial, and Institutional Development Activities will still be covered under Category (e)(9), this new category allows a more streamlined process for the construction of standalone SWM facilities as well as LID or ESD facilities. Additionally, changes in conditions and/or impact limits are being proposed in the following permit categories:
-	a. (3) Piers - Category A impact limit increased from 200 sf to 300 sf and authorization modified to allow up to 4 boats and 2 personal water craft (i.e. Jet Skis).
-	a. (4) Marina/Community Piers Reconfiguration - Finger piers can now be constructed within a previously authorized boat slip.
-	a. (5) Boat Ramp Construction, Repair, and Expansion - Construction of up to two access piers is now authorized.
-	b. (1) General Maintenance - Category A impact limits have been increased to 1.0 acre and 2,000 linear feet from 10,000 sf and 500 linear feet.
-	c. (1) Utility Lines - Two new conditions have been added: 1) when crossing navigable waters an as-built is required within 60 days of project completion; and 2) a frac-out remediation plan is required for applications proposing utility installation via directional drilling.
-	e. (9) Residential, Commercial, and Institutional Development Activities - An alternatives analysis is now required for projects involving road crossings that do not utilize a bridge or bottomless culvert.
How will this affect your projects? The primary effects will be on: (a) Projects permitted, but not under construction by September 30, 2016, and (b) Projects that plan to start in the 4th quarter of 2016 or 1st quarter of 2017 because you cannot apply for a new permit until the new MDSPGP-5 becomes effective on October 1, 2016. Because impact thresholds for the majority of project categories are proposed to remain the same, there should be minimal, if any, impacts to permit issuance time frames. We anticipate that permit time frames will remain relatively unchanged and that activities that would typically be authorized under the MDSPGP-4 will continue to be authorized under the proposed MDSPGP-5. We also anticipate that the proposed changes to some of the permit conditions will have minimal effect on permit issuance. How do I submit Comments to the Corps? Written comments on the proposed MDSPGP-5 must reference Special Public Notice #16-05 and be addressed to: District Engineer U.S. Army Corps of Engineers Baltimore District (ATTN: CENAB-OPR) Baltimore, Maryland 21203-1715 Who Can I Contact for More Information? Please contact Mike Klebasko, Ken Wallis, or Dan Lucey of our Maryland office for more information.
¹Photo Credit: http://www.nab.usace.army.mil/Missions/Regulatory/BaltimoreDistrictRegulatoryBoundaryMap.aspx