Volume 24, Number 9    August 2, 2016

 

Notice: Corps' MDSPGP-4 Authorization Expiring For Most Maryland Projects on September 30, 2016

The Maryland State Programmatic General Permit -4, or MDSPGP-4, which is used by the U.S. Army Corps of Engineers (Corps) to authorize most wetland and stream impacts in Maryland, is set to expire on September 30, 2016.  While the permit 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.

What if my 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 automatically 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.

Wetland mitigation offsets impacts in the Severn River watershed.

Wetland mitigation offsets impacts in the Severn River watershed.

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.  Because the Corps will be inundated with requests to re-authorize projects under the MDSPGP-5, we recommend re-applying at least 60 days before the MDSPGP-4 expires in order to allow the Corps to begin processing the requests.

How will this affect my 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 work cannot continue in jurisdictional areas until the project is re-authorized under the MDSPGP-5.

Who can I contact for more information?

Please contact Mike Klebasko, Ken Wallis, or Dan Lucey in our Maryland office for more information.


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