Current through Register Vol. 48, No. 38, September 20, 2024
a) Upon
receipt of an application the Department will make an evaluation, based on the
type and magnitude of the activity and on the existing conditions of the body
of water in the locality of the activity, of the potential of the activity to
result in:
1) An obstruction to, or
interference with, the navigability of any public body of water;
2) An encroachment on any public body of
water;
3) An impairment of any
rights, interests or uses of the public in any public body of water or in the
natural resources thereof; or
4)
Bank or shoreline instability on other properties.
If it is determined that the activity would not cause any of
the listed impacts, the activity will be considered permittable under this
Part.
b) If it
is determined that the activity would likely cause any of the impacts listed in
subsection (a) of this Section, the applicant will be required to submit the
following supplemental information (unless the plans are modified to remove the
potential for the impact(s)):
1) An evaluation
of the benefits to the public interest in the body of water which would result
from the activity;
2) A discussion
of the measures to be provided in the project design, construction and
operation which would minimize and/or mitigate the negative impacts;
and
3) An analysis of the extent
and permanence of the activity's encroachment on the body of water and of any
impairment the activity would have on the rights, interests or uses of the
public in the body of water and in the natural resources thereof. The analysis
shall consider both the activity alone and the combined effects of similar
activities which exist and/or could be lawfully undertaken in the locality. The
analysis should be expressed in quantitative terms to the fullest extent
practicable and should be performed by persons with expertise in such impact
analysis.
