​Tier II Review - General Permit for Stormwater Associated with Construction​​

Applicants seeking permits for stormwater associated with construction activity, may have to undergo additional review if their project is within a Tier II watershed with no assimilative capacity.  If you receive such a message, contact Angel Valdez, at angel.valdez@maryland.gov, to discuss the Tier II review requirements for your project.  Email is the preferred option to provide project information, availability, and questions.  Virtual meetings can be scheduled upon request.​​​​​

Preliminary Tier II Questions

 
To help determine what may be necessary for this project review, please provide the following information when reaching out to Tier II review staff:

  1. A basic overview of the whole and complete project, including tax map and parcel numbers, the project site address, or if unavailable at this time, an address for a nearby existing developed location with directions to the site, or directions from the closest intersection.  Provide the general project name, and footprint in acres.  Describe if it is a road, development, warehouse, infrastructure, etc.
  2. Project purpose.  Does the project meet a unique need, have special funding, location, etc.?
  3. Will the project increase impervious surface, and if so, how will this be treated for stormwater management, i.e. traditional and/or Environmental Site Design (ESD)?  Provide a percentage ratio of site treatment, traditional -to-ESD.
  4. Are there any on-site stream resources?  If so, will the proposed activity impact the stream or stream buffers (within approximately 100 feet of channel)?
  5. Is forest clearing a part of the planned activity?  If so, provide an estimate in acres as to how much net forest loss is associated with the project.
  6. Is this project one phase of an ongoing project? If so, does this portion of the project serve a special purpose to the overall project, such as sewer infrastructure? 
  7. Has any portion of this project undergone nontidal wetlands and/or waterways construction permit review?  If so, please provide the application number and permit if available.

Based on your response, applicants will then be provided with either Tier II No Additional Review Questions, which help MDE decide if the project requires additional review, or the Tier II No-Discharge Analysis Form, the Tier II Mitigation Analysis Form​, and the Tier II Minimization Alternative Analysis Form.  If the Tier II water affected has no remaining assimilative capacity, applicants will also be provided with either the social and economic justification (SEJ) outline for public entities, or the SEJ outline for private entities​.

Once the review is complete, Tier II review staff will provide applicants with a cover letter summarizing the review to indicate that all Tier II review requirements are satisfied.  This letter can be used for any other project construction related transfers and project related permits.  It is only valid if there are no future modifications to the project.  If the project is modified, then MDE will conduct a follow-up Tier II review to determine if there are any additional environmental impacts.​

Increased Turnaround Time for Environmental Review

 
Depending upon the nature of the project, review times can increase an estimated additional 2 - 4 weeks to make a ‘no additional review required’ determination, or to process a  basic Tier II review.  Basic reviews generally do not require additional mitigation analysis when evaluating minimization alternatives.  More complex reviews occur for projects that require mitigation analysis, additional documentation, or other conditions due to increased impacts to the Tier II water.  It is difficult to estimate review times for these, more complicated projects however, comparable reviews for similar activities conducted during the nontidal wetlands and waterways construction permit review realistically take 3-6 months.  It takes time to conduct a mitigation analysis, and ensure that properties, agreements, easements, or other special conditions, are in place prior to receiving an authorization.  

All times are approximate and may increase or decrease depending on the nature of each specific project review.

There are steps that applicants can take to reduce estimated turnaround times. 
  • Use the Tier II waters interactive map to pre-screen your project to see if you may need to complete a Tier II review.
  • If your project is in a Tier II watershed, especially one with no assimilative capacity, arrange to have a Tier II review preapplication meeting with MDE.
  • When reaching out, include sufficient background information detailed above, and any other information you believe could help review staff better understand the nature of your project.  This will make it easier to identify next steps.
  • Carefully follow all directions regarding the analysis required with your review submission.  If any portion of the analysis is performed incorrectly or omitted in your initial submission, MDE will pause the review while you update the analysis and documentation. 
  • Do not hesitate to ask for assistance when completing the documentation.  Clarify questions or concerns as early in the review process as possible to avoid potential submission errors, and to decrease the likelihood that MDE will determine that your submission is deficient.​

Social and Economic Justifications Available For Public Review: MD GP-14

 
Ref. Num. MDRCMSOUH MDTA Proj. KH-3019

Click here to return to the Tier II Review Information page.  Click here to return to the Maryland Tier II Waters homepage. is attached.


Please direct any questions or comments concerning Maryland's Antidegradation program to Angel Valdez at angel.valdez@maryland.gov​.
 
This page was last updated 11/2021.


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