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NMTA Permitting Marinas and Boatyards 2012 Regulatory Developments

NMTA Permitting Marinas and Boatyards 2012 Regulatory Developments. Joseph A. Brogan November 15, 2012. 2012 Regulatory Update. Cost/Enforcement = Major Driver Compliance = Local, State, Federal Laws Local: Zoning & Shoreline Master Program State: HPAs, 401 Certs, CZMA, NPDES, DNR

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NMTA Permitting Marinas and Boatyards 2012 Regulatory Developments

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  1. NMTAPermitting Marinas and Boatyards2012 Regulatory Developments Joseph A. Brogan November 15, 2012

  2. 2012 Regulatory Update • Cost/Enforcement = Major Driver • Compliance = Local, State, Federal Laws • Local: Zoning & Shoreline Master Program • State: HPAs, 401 Certs, CZMA, NPDES, DNR • Federal: Army Corps Permits

  3. Local Regulations: Latest Developments • Shoreline Management Act 1971 • All Marine Areas + 200’ Landward from OHWM • Revised Shoreline Guidelines 2003 • Local SMP Updates Underway

  4. Local SMPs: Hot Issues • “No Net Loss Requirement” • On & Off-Site Mitigation/Ratios • Cumulative Effects • Buffers • Public Access

  5. State Regulations: Triggers/Hot Issues • Storm & Process Water: NPDES Permits • Monitoring/DMRs – Potential CWA Citizen Suits • Ecology 401 Certifications for Federal Permits • WDFW Hydraulic Project Approvals

  6. Federal Permits: In-Water Work • Corps 404 Permit (Discharge of Dredge or Fill Material) • Corps New 2012 Nationwide Permits • NWP 3 (Maintenance) • NWP 10 (Mooring Buoys) • NWP 27 (Bank Stabilization)

  7. Corps Nationwide Permits • NWP 19 (Minor Dredging) • NWP 22 (Removal of Vessels) • NWP 28 (Mod. of Existing Marinas) • NWP 54 (Boat Ramps)

  8. Federal Permits (cont’d) • Corps “No Further Action”/Letters of Permission • Compensatory Mitigation Rule • Coordination Among Agencies • Section 10 Permit Trigger • ESA Consult/401 Cert = Time

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