7 Del. Admin. Code § 7501-11.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7501-11.0 - Requirements for Siting and Designing New Marinas

This section describes the requirements, restrictions, and limitation criteria for new marina development. Requirements for the construction of new small marinas (25 slips or less) and minor alterations to existing marinas are identified in Section IV of this Regulation. New marina applications must include a Siting and Design Study that demonstrates how the proposed marina meets the criteria of this section. The Department will review all permit applications to determine if the project will comply with the Delaware Surface Water Duality Standards and other applicable State regulations. The Department will deny a permit if the permit application fails to demonstrate to the Department's satisfaction that the siting, design, construction, and operation of the marina will comply with all applicable State regulations.

11.1 Siting and design

11.1.1 A Siting and Design Study (SDS) must be submitted for each project. The SDS must assess the impacts of all the Environmental Siting Considerations and Planning and Design Requirements identified in Sections 11.4. & 11.5, below.

11.1.2 The SDS shall examine all facets of a project. The primary objective of the SDS shall be avoidance of impacts. It shall document all efforts to avoid adverse impacts, and to minimize and offset unavoidable adverse impacts to aquatic and terrestrial resources. Such documentation shall be in the form of an objective alternatives analysis that satisfies this sequencing of review criteria and provides an evaluation of practicable alternate sites and/or designs for Department consideration.

11.1.3 All designs that include water-based vessel storage must be accompanied by alternatives that explore various combinations of wet and dry vessel storage. At least one alternative which uses only land-based vessel storage must be evaluated.

11.1.4 Facilities which must comply with the Federal Aid in Sportfish Restoration Act (Dingell-Johnson Program), may substitute documents which satisfy these federal program requirements in place of the Siting and Design Study required by this Regulation. Substitute documentation shall be reviewed by the Department in the same manner as a Siting and Design Study by using the criteria described in Section II.C., below.

11.1.5 Siting and Design Studies shall not be required for alterations to existing facilities if:

11.1.5.1 They are located on freshwater impoundments, and

11.1.5.2 They provide service for human or wind powered craft only.

11.2 Review criteria

11.2.1 These Regulations set forth rebuttable presumptions that:

11.2.1.1 alternatives that do not involve the use of state waters for storage of vessels have less adverse impact on the aquatic environment, and

11.2.1.2 alternatives that do not involve the use of state waters for storage of vessels are available.

11.2.2 In evaluating the SDS the Department must first determine whether the applicant has demonstrated that:

11.2.2.1 potential impacts have been or can be avoided to the maximum extent practicable when considering existing technology, infrastructure, logistics, and costs in light of overall project purposes, and

11.2.2.2 impacts have been or can be minimized to an extent practicable and appropriate to the scope and degree of those environmental impacts, and

11.2.2.3 any unavoidable impacts to aquatic and terrestrial resources have been or can be compensated for to an extent that is practicable and appropriate.

11.2.3 The Department will also consider the public interest in any activity which might affect the use of subaqueous lands including, but not limited to, the following:

11.2.3.1 The potential effect on the public with respect to commerce, navigation, recreation, aesthetic enjoyment, natural resources, and other uses of the subaqueous lands.

11.2.3.2 The extent to which any disruption of the public use of such lands is temporary or permanent.

11.2.3.3 The extent to which the public at large would benefit from the activity or project and the extent to which it would suffer detriment.

11.2.3.4 The extent to which structures that extend over subaqueous lands are dependent upon water access for their primary purpose. Restaurants, decks, residences, and other non-water dependent structures that extend over subaqueous lands shall not be authorized by these Regulations.

11.2.4 The Department will only issue a permit for the alternative found to be the least environmentally damaging practicable alternative. Appropriate and practicable steps to avoid and minimize adverse impacts will be required through project modifications and permit conditions.

11.2.5 The Department may determine that the environmental impacts of a project are so significant that,even if alternatives are not available, the application should be denied regardless of the compensatory mitigation proposed by the applicant. In making its determination, the Department will prepare a report which documents the reasons for the denial.

11.3 Environmental siting considerations. The Department's review of all permit applications will include consideration of the following:

11.3.1 Vessel Storage

Any permit application, except as allowed in Section IV, below, that involves water based vessel storage (wet slips) must demonstrate to the Department's satisfaction that:

11.3.1.1 no practicable and appropriate comparable land-based vessel storage alternatives exist, or

11.3.1.2 that available land-based alternatives have an equal or greater adverse impact on the aquatic environment than comparable water-based vessel storage alternatives.

11.3.1.3 When evaluating comparability, the Department will consider number of slips, location, intended use, and proposed ancillary facilities.

11.3.2 Water Quality Assessment

11.3.2.1 Policy Statement. It is the policy of the Department to prevent degradation of the surface and groundwaters of the State which might result from any pollutant source, so that all existing water designated uses are maintained and protected. Marinas shall be permitted only if they do not cause a violation of established Delaware water quality regulations.

11.3.2.2 Requirements. In order to meet the policy objectives stated in (a), above, the applicant must provide, as part of the Siting and Design Study, a documented and valid water quality assessment of the potential impacts of the design, construction, andoperation of the proposed marina. At a minimum, the assessment must explicitly address fecal coliform and dissolved oxygen surface water quality standards. Other parameters may be required by the Department if there is a documented concern. At a minimum, a valid assessment will include appropriate modeling, monitoring, and data analysis to determine the following:

11.3.2.2.1 the flushing characteristics of the proposed marina;

11.3.2.2.2 the spatial extent of the shellfish harvest closure zone; the closure zone shall be clearly indicated on an appropriate U.S.C.G. chart of the area (see also Section 11.3.5.2, below)

11.3.2.2.3 the 24 hour average dissolved oxygen concentration and the one hour (or instantaneous) minimum dissolved oxygen concentration both inside the marina and in adjacent ambient waters.

11.3.2.3 Conditions. For each of the items described above, the analyses shall be conducted based on the following conditions:

11.3.2.3.1 Average ambient water temperature and salinity for the critical season of marina operation. The critical season is defined as the season which has the highest potential for adverse water quality impacts. The critical season will be assumed to be the late summer months unless the applicant or the Department can document a more critical time period.

11.3.2.3.2 For tidally influenced sites, the average tidal conditions (high and low tide elevations, tide range, and current velocities) for the critical season of marina operation.

11.3.2.3.3 Sediment Oxygen Demand rates of at least 1.0 gm/sq m/d at 20 degrees C. This base rate will be adjusted to the temperature of the analysis based on the following formula:

SOD_T= SOD₂₀ (1.065)(T-20)

Where:

SOD₂₀ - SOD @ 20°C

SOD_T= - SOD at temperature of analysis

T = Temperature °C

A higher base rate may be required by the Department if there is documented evidence that higher SOD rates exist at the site.

11.3.2.3.4 Seasonal average ambient BOD and concentrations of the adjacent receiving waters.

11.3.2.3.5 Seasonal 24 hour average ambient dissolved oxygen concentrations of the adjacent receiving waters.

11.3.2.3.6 Atypical instantaneous minimum and maximum dissolved oxygen concentration determined by continuous dissolved oxygen, temperature, and salinity monitoring of the adjacent waters at the site. The monitoring should be conducted during the season of interest. Temperatures should approximate the average seasonal temperature in 11.3.2.3.1 above.

11.3.2.3.7 Additional or alternative conditions maybe required or approved by the Department if there is documented evidence that the additions or alternatives are appropriate.

11.3.2.4 Each assessment shall include documentation of all water quality data and calculations relevant to these items. Additional guidance regarding water quality assessments can be found in the Marina Guidebook.

11.3.2.5 The Department may require the applicant to implement a water quality monitoring planfor the periods of time prior to construction, during construction, and after construction. The determination of whether a water quality monitoring plan is required will be made by the Department based upon the ecological sensitivity of the proposed site and the potential for violation of Delaware water quality regulations. The Department will weigh costs versus benefits when determining what is practicable and appropriate.

11.3.3 Cumulative Impacts

The Department shall reserve the right to consider the cumulative impacts of clusters of proposed new and existing developments in a finite receiving water body. Therefore, even in cases where such projects, if considered alone, would comply with applicable State regulations, the Department may still deny an individual application or applications, or may require each applicant to make modifications so that the cumulative impacts of the projects shall not cause violations of State regulations.

11.3.4 Wetlands

11.3.4.1 No activity shall occur in wetlands without first obtaining a permit from the Department pursuant to The Wetlands Act (7Del.C.,Chapter 66) and 7500 Wetlands Regulations.

11.3.4.2 It is the policy of the State to preserve and protect public and private wetlands and to prevent their despoliation and destruction consistent with the historic right of private ownership of lands. Therefore, the Department shall strictly regulate the location of marinas in wetlands. Marinas shall be limited to those sites where applicants can demonstrate that short and long-term adverse impacts to the biological, chemical, and physical integrity of wetlands and their functions have been avoided, and that unavoidable impacts have been minimized and can be compensated for.

11.3.4.3 Before the Department allows disturbance of wetlands, the applicant shall demonstrate that all practicable alternatives to avoiding wetland impacts have been thoroughly examined and the results of such examinations shall be provided to the Department. In all cases, the applicant shall demonstrate that the purchase of additional property to avoid the wetland impacts is impracticable.

11.3.4.4 If wetlands impacts cannot be avoided, and the applicant has demonstrated that wetland impacts have been minimized, the Department may allow compensation. Compensation plans must provide for the creation or restoration of an area of wetlands that is of equal or greater value than the area that will be disturbed or destroyed so that there is no net loss of wetlands. Compensation requirementsare more fully described in Subseection 11.3.10 Mitigation Measures.

11.3.5 Shellfish Resources

The Siting and Design Study shall include a description of all measures taken to first avoid, and then minimize unavoidable impacts to shellfish resources. The Department will consider the following impacts of proposed marina facilities on shellfish resources:

11.3.5.1 Impacts on the organisms themselves, including theirability to survive, grow and propagate, without regard to potential use by humans; and

11.3.5.2 Impacts that may cause a violation of Reg. 7401 Delaware Surface Water Quality Standards, (including, but not limited to, Sections 3 and 10 of the Standards); and

11.3.5.3 Impacts on the public's ability to harvest and consume edible shellfish species based upon the shellfish growing area classification proposed by the Delaware Division of Public Health for the marina or marina alteration under consideration.

11.3.6 Submerged Aquatic Vegetation (SAV). SAV is protected because it provides shelter and a source of food to small aquatic organisms, and because of its ability to filter and remove suspended solids and disperse wave energy.

11.3.6.1 Applicants must demonstrate that short and long-term impacts to SAV have been avoided, and that unavoidable impacts have been minimized and can be compensated for. Marina projects that could cause the destruction of SAV without corresponding compensation as approved by the Department shall not be permitted. Compensation measures are more fully described in Section 11.3.10Mitigation Measures.

11.3.6.2 Shading of SAV by piers should be avoided.

11.3.7 Benthic Resources

11.3.7.1 Benthic resources are protected because of their importance in the food chain and their value as commercial and recreational food sources.

11.3.7.2 The status of a benthic community shall be assessed by the applicant using frequency, diversity, and abundance measures approved by the Department. As a part of this determination, the rapid bioassessment techniques of Luckenbach, Diaz and Schaffner (1989)* as modified by the Department shall be used to characterize benthic communities. Taxonomic and biomass data specific to this methodology shall be collected. The Department may continue to modify this methodology as experience is gained in applying these techniques in Delaware waters.

*Luckenbach, M.W., R.J.. Diaz and L.C. Schaffner. 1989. Report to the Virginia Water Control Board. Appendix I. Project 8: Benthic Assessment Procedures. Virginia Institute of Marine Science, School of Marine Science, College of William and Mary, Gloucester Point, VA.

11.3.7.3 The Department may require monitoring of the benthos as a permit condition.

11.3.8 Critical Habitats. Construction of marinas shall not be permitted at sites that are recognized by the Department as critical habitats.

11.3.9 Recreational Water Use Areas. Marinas shall not be permitted at sites which conflict with Recreational Water Use Areas as duly adopted by the State.

11.3.10 Mitigation Measures

11.3.10.1 General

11.3.10.1.1 All mitigation and compensation measures must be reviewed and approved by the Department before a permit can be issued. Department approvals may establish a schedule for completion.

11.3.10.1.2 The intent of this policy is to assure no net loss of aquatic habitat productivity, including flora and fauna.

11.3.10.1.3 When a proposed activity would cause unavoidable disturbance to, or loss of, environmental resources such as those described in parts 11.3.10.2. and 11.3.10.3, below, such disturbance or loss shall be minimized, and any remaining impactsshall be compensated for by the creation or restoration of a comparable or greater area. The area to be created or restored may be reduced if the applicant can prove through the use of Department approved productivity/functional assessment models or other similar and approved methods, that creating or restoring a lesser area will result in no net loss in the environmental value or function ofthe resource.

11.3.10.1.4 Where the Department permits compensation in area ratios less than those listed in 11.3.10.2.4 and 11.3.10.3.3, because of an applicant's productivity/functional assessment model projections or other studies, post creation/restoration monitoring shallbe required of the applicant to validate those projections or studies. In such cases, the Department shall require additional compensation if monitoring indicates that a net loss of environmental value or function has resulted. Additional compensation efforts may be required if the initial compensation effort is not successful.

11.3.10.1.5 Compensation similarin kind and location to the resource that will be disturbed or destroyed is preferred. Proposals for off-site compensation will only be considered if the compensation site is in the same watershed as the resource that will be lost. The Department may also consider proposals for out-of-kind compensation if the proposed compensation would provide equivalent or greater functions and values than the resource that will be disturbed or destroyed.

11.3.10.1.6 The State of Delaware may establish a compensation bank, or license a private compensation bank, which is an area of wetlands or other suitable aquatic habitat(s) that has been created or restored by the State and which may be available for use by potential applicants to meet the compensation requirements of their projects. The costs of creating or restoring an area within the compensation bank, including any land acquisition costs and administrative costs, plus the initial and maintenance costs of the compensation work itself, shall form the basis of the charge to the applicant for use of any credits so established. No lands within the compensation bank shall become the property of the applicant because of any fee paid to use the bank credits.

11.3.10.2 Wetlands

11.3.10.2.1 Compensation may be allowed by the Department to offset unavoidable impacts to existing wetlands. Compensation will only be considered if the applicant has demonstrated avoidance and minimization in accordance with Section 11.2.2, above. This may require modification of marina plans, including limiting the number of slips and/or rearranging the marina configuration. When evaluating compensation plans, the Department will consider the functions and values, quality, areal extent, and configuration of wetlands which will be impacted by the activity.

11.3.10.2.2 Wetland functions and values encompass:

11.3.10.2.2.1 Environmental quality values (water quality maintenance, aquatic productivity, microclimate regulation, etc.)

11.3.10.2.2.2 Fish and wildlife values (fish and shellfish, waterfowl and other birds, fur bearers, and other wildlife)

11.3.10.2.2.3 Socioeconomic values (flood control, erosion control, water supply, fishing and hunting, aesthetics, research, education, etc.)

11.3.10.2.3 Marinas shall not be permitted that would adversely impact wetlands without corresponding compensation as required by the Department. Creation of wetlands from existing intertidal or subtidal flats, enhancement of existing wetlands, or transfer of title of existing wetlands (including granting of easements) to a government agency or conservation organization are not acceptable forms of compensation.

11.3.10.2.4 Compensation plans for wetlands shall be considered on a case-by-case basis. A no net loss criterion shall be applied to all activities. Compensation shall be required in the ratio of 2:1 for areas disturbed, except as provided in subparagraph 11.3.10.1.3, above. In no case shall compensation be allowed in ratios less than 1:1 for areas disturbed.

11.3.10.2.5 Compensation shall be with the same species (flora and fauna) and soil types that were disrupted unless alternate species or soil types are approved by the Department.

11.3.10.2.6 Post creation/restoration monitoring shall be required for a minimum of three (3) years after completion of the compensation project. A wetland compensation project shall be considered successful if the plantings have achieved at least 85% of the required density and areal coverage. Functional values for fauna must also achieve 85% of expected abundance, frequency, and diversity. If the compensation measures fail to achieve these requirements within one (1) year, the applicant shall be required to replant and/or take other appropriate measures until success is achieved.

11.3.10.3 Submerged Aquatic Vegetation (SAV) Beds

11.3.10.3.1 Compensation to offset unavoidable impacts to established SAV beds will only be considered if the applicant has demonstrated avoidance and minimization inaccordance with Subsection 11.2.2 above. This may require modification of marina plans, including limitingthe number of slips and/or rearranging themarina configuration. When evaluating compensation plans, the Department shall consider the functions and values, quality, and areal extent of the SAV which will be impacted by the activity.

11.3.10.3.2 Marinas shall not be permitted in areas that will result in the destruction of SAV beds without corresponding compensation measures as approved by the Department.

11.3.10.3.3 Compensation projects shall be considered on a case-by-case basis by the Department. Compensation shall be required in a ratio of 2:1 for SAV beds disturbed, unless the applicant can demonstrate, through generally accepted methods, that a smaller area will provide the same ecological productivity and function. In no case shall compensation be allowed in ratios less than 1:1 for areas disturbed.

11.3.10.3.4 Compensation must employ the same species (flora and fauna) as the ones disturbed, or alternate species as approved by the Department.

11.3.10.3.5 A SAV compensation program shall be considered successful if the average density and average shoot height of each of the SAV varieties in the compensation area is the same or greater than the average density and average shoot height of each of the SAV varieties in the bed that was disturbed. If the compensation measures fail to achieve these requirements, the applicant shall be required to replant and/or take other appropriate measures to achieve success.

11.3.10.4 Bonding. To assure that there are funds available for mitigation and compensation, theapplicant shall be required to post a ten-year bond or other surety acceptable to the Department including anirrevocable letter of credit or money in escrow, and equal to 200% of the amount adequate to pay for the full mitigation and compensation program. If success, as defined in 11.3.10.2.6 and 11.3.10.3.5. is reached after five years, the bond will be released in its entirety. The Department may release portions of the Bond, if successful compensation is demonstrated after two years but in no case shall the bond be maintained at less than 115% of funds necessary to pay for-the full mitigation and compensation program.

11.4 Planning and design requirements

The Department's review of all applications will also include consideration of the following design features:

11.4.1 Marina Flushing

11.4.1.1 Marinas shall be designed to maximize flushing so as to prevent the possible accumulation of contaminants thatcould result in a violation of 7401 Delaware Surface Water Quality Standards, and to meet the policy objectives as set forth in II.D.2(a), above. Guidance on suitable methods to determine marina flushing characteristics can be found in the Marina Guidebook. The applicant remains responsible for providing the justifications for the model chosen.

11.4.1.2 Marina basins shall be designed so that they do not include square corners or stagnant water areas that tend to collect debris or cause shoaling or flushing problems.

11.4.1.3 Marina basin and access channel depths shall not be deeper than the existing controlling depthof the receiving waterbody and shall be designed to introduce a negative slope (shallow to deep) when moving from the head of the basin toward the receiving waterbody.

11.4.2 Dredging and Dredged Material Disposal. Dredging and dredged material disposal activities shall be in accordance with 7504Regulations Governing the Use of Subaqueous Lands, as authorized by 7Del.C.,Ch. 72, and the following. Dredged material disposal activities may also be regulated, depending upon the nature of the spoil material, by 1301Delaware Regulations Governing Solid Waste or 1302 Delaware Regulations Governing Hazardous Waste.

11.4.2.1 Dredging shall be limited to the minimum dimensions necessary for the project and should avoid sensitive areas such as wetlands, shellfish resources, and SAV. DelawareSurface Water Quality Standards(Regulation 7401) must not be violated because of dredging operations.

11.4.2.2 The Department may authorize dredging or other marina activities on a seasonally restricted basis in known nursery and spawning areas of important species. Marinas shall not be permitted in areas that would require frequent maintenance dredging, resulting in harm to aquatic life and preventing the recolonization of benthic organisms. Such areas include those which would require maintenance dredging more often than once every four years.

11.4.2.3 Dredging activities shall not be approved until the applicant can demonstrate that both initial and future maintenance dredging demands can be accommodated by the proposed disposal plan. Future maintenance dredging shall be estimated using a project life not less than 30 years unless the applicant can provide good reasons why the project life will be less than 30 years.

11.4.3 Shoreline Protection Structures

Construction of shoreline protection structures shall be in accordance with 7504 Delaware Regulations Governing the Use of Subaqueous Lands, as authorized under 7Del.C., Ch.Ch. 72. Shoreline protection structures should be designed to minimize adverse impacts to aquatic resources. When bulkheading is proposed as part of a marina project, the permit application must include an evaluation of alternatives to bulkheading. Such evaluations must demonstrate that no practicable and appropriate alternative to bulkheading exists to effectuate the primary purpose of the project.

11.4.4 Navigation and Access Channels

11.4.4.1 Marinas shall only be located in areas which, in the determination of the Department, offer safe and convenient access to waters of navigable depth. Such locations tend to present maximum opportunities for flushing, with less danger of sedimentation than very shallow sites. Safe and convenient access will be determined on a case-by-case basis. Factors such as existing water depths, distance to existing channels and their depths, and tidal and wave action will be considered.

11.4.4.2 Where feasible, docks and piers shall be extended to navigable depths rather than employing dredging to provide such depths closer to shore. In some cases, limitations on maximum vessel drafts may be necessary. Minimum navigable depths shall be based on the kind of vessels expected to use the marina, but shall not exceed the depths of the receiving waterbody.

11.4.4.3 Alignment of channels shall make maximum practical use of natural or existing channels.

11.4.4.4 Docks, moorings, pilings, and other structures or berthing areas associated with marinas shall be located a minimum of ten (10) feet from a navigation channel.

11.4.4.5 Marina docking facilities shall not extend beyond existing structures in the immediate vicinity unless absolutely necessary to obtain adequate water depths for a water dependent activity.

11.4.4.6 Where adequate water depths exist for water dependent marina structures, berthing areas shall not extend channelward more than 10% of the width of the waterbody at that location, not to exceed 250 feet. In no case shall a structure extend channelward more than 20 percent of the width of the waterbody (as measured from mean low water to mean low water).

11.4.5 Vessel Traffic and Navigation

11.4.5.1 Marinas shall be designed to minimize adverse effects on the existing public and private use of waters of the State. This includes applications for mooring sites (permanent or temporary), speed or traffic reductions, or any other device, either physical or regulatory, that may cause the use of State waters to be restricted.

11.4.5.2 New marinas must be sited and/or designed, to the maximum extent practicable, to afford adequate protection against wakes caused by vessel traffic.

11.4.6 Water Supply

11.4.6.1 Marina construction, maintenance, dredged material disposal, or operation shall not be allowed to contribute substances to groundwater in violation of 7Del.C.,§ 6003, regardless of whether the affected groundwater is used as a public or private water supply.

11.4.6.2 Marina construction, maintenance, dredged material disposal, or operation shall not be allowed to contaminate a public water supply as defined by 7401 DelawareSurface Water Quality Standards, whether existing or reserved for future use.

11.4.6.3 When an applicant proposes to construct an upland basin marina, whether through excavation or other means (i.e. connection of an existing landlocked waterbody to tidal waters), documentation must be provided to demonstrate that the basin will not cause intrusion of saltwater into a public or private water supply.

11.4.6.4 Applicants must demonstrate that there is an adequate water supply to serve all of the project's needs, and that all required permits and/or approvals can be obtained for the proposed method of water supply, whether by well installation, hook-up to an existing water supply system, or other means.

11.4.7 Wastewater Facilities

11.4.7.1 In accordance with 7Del.C.,§ 6035, discharge of raw, untreated, or inadequately treated sewage from marine sanitation devices into waters of the State, including marina basins, is prohibited.

11.4.7.2 All marinas shall comply with the provisions set forth in 7Del.C.,§ 6035.

11.4.7.3 Adequate restroom facilities for the use of marina patrons shall be provided to discourage any overboard discharge of untreated or inadequately treated sewage from vessels, and to protect water quality. Toilet facilities shall be constructed in a location that would facilitate their use by the users of the marina. The number of toilets required for any given marina shall be determined by the nature (recreational, public, or commercial) and size of the marina and by its specific configuration. There shall be adequate restroom facilities to serve patrons such that use of shoreside facilities is encouraged. Public restroom facilities will not be required at recreational marinas if every resident who utilizes a slip within the marina can quickly and conveniently travel from the slip to their residence.

11.4.7.4 The applicant shall demonstrate adequate capacity to properly dispose of all sanitary wastes generated by the project.

11.4.7.5 An ample number of signs shall be provided to identify the location of public restrooms and of pumpout facilities or dump stations. Such signs shall also fully explain the procedures and rules governing the use of these facilities.

11.4.7.6 The applicant must demonstrate that proper treatment, storage, or disposal permits have been or can be obtained.

11.4.8 Parking. In the absence of local planning requirements, the following rebuttable presumption is set forth:

11.4.8.1 Dedicated parking spaces should be provided at a rate of 0.50 spaces/slip, plus such additional spaces required by local codes for retail activities, handicapped citizens, residences, and employee parking.

11.4.8.2 The applicant may submit information to the Department in support of an alternative parking space rate. The Department will review such information to determine if the proposed standard is appropriate for use. In the event of a conflict between this requirement and an applicable local building code or requirement, the local code shall have precedence.

11.4.9 Stormwater Management

11.4.9.1 Storm-water runoff becomes polluted with oils, greases, organic and inorganic wastes, and other potentially harmful substances. The movement of these substances into streams and estuaries can have significant adverse water quality impacts. To minimize these impacts, all marina permit applications shall include plans for stormwater management and sediment and erosion control. These plans must be reviewed and approved by the appropriate plan approval agency in order to ensure compliance with 7Del.C.,Ch. 40, 5101DelawareSediment and Stormwater Regulations, and the National Pollutant Discharge Elimination System (NPDES) Stormwater Regulations, (40 CFR 122.26).

11.4.9.2 In the event that the proposed marina project is exempted or waived from the requirements of Chapter 40 or the NPDES Stormwater Program, surface water and groundwater quality protection must still be demonstrated by the applicant. In reviewing the plans for stormwater management and sediment and erosion control, the Department will rely upon the water quality provisions of Chapter 40 and 5101 DelawareSediment and Stormwater Regulations.

11.4.10 Solid Waste Management. Storage, handling, and disposal of solid wastes shall be in strict accordance with the Department's Regulations Governing Solid Waste (Regulation 1301).

11.4.10.1 Discharge of solid waste, including but not limited to, garbage, maintenance waste, plastics, refuse, and rubbish into waters of the state, including marina basins, is prohibited.

11.4.10.2 Solid wastes shall be managed so as to prevent their entrance into any surface or groundwaters of the State.

11.4.11 Vessel Maintenance Areas and Activities

11.4.11.1 Vessel maintenance areas shall be sited as far from the water as is practicable, and shall be designed so that all maintenance activities that are potential sources of water or air pollution can be accomplished over dry land and under roof, where practicable, as determined by the Department. Control of by-products, debris, residues, spills, and stormwater runoff shall comply with applicable Department regulations. All drains from maintenance areas must lead to a sump, holding tank, or pumpout facility from which the wastes can later be extracted for treatment and/or disposal by approved methods. Drainage of maintenance areas directly into surface or groundwater shall not be allowed.

11.4.11.2 Maintenance activities including, but not limited to, painting, welding, woodworking, and LPG servicing shall comply with applicable State regulations, as well as with NFPA 303; Fire Protection Standards for Marinas and Boatyards.

11.4.11.3 Only biodegradable detergents shall be allowed for vessel washing and cleaning within waters of the State.

11.4.11.4 Waste oils and other wastes generated as a result of maintenance and repair operations shall not be disposed of into ground or surface water.

11.4.11.5 Materials used in maintenance and repair operations shall be' stored and handled in accordance with local fire codes or, if none exist, with applicable codes and standards of NFPA and with applicable Department regulations. Such material shall be stored in such a way as to prevent adverse environmental impacts.

11.4.12 Fuel Storage and Delivery Facilities

11.4.12.1 Fuels shall be stored and handled in accordance with local fire codes or, if none exist, with NFPA 303, Fire Protection Standards for Marinas and Boatyards, and with applicable Department regulations. All vessel fueling operations shall be undertaken at the fueling station or other specifically designated remote location in accordance with NFPA 302, Fire Protection Standards for Pleasure and Commercial Motor Crafts.

11.4.12.2 Aboveground and underground fuel storage tank installations shall comply with all State and/or local storage tank regulations.

11.4.13 Fire Protection Systems

Fire protection systems shall comply with local fire codes or, if none exist, with NFPA 303, Fire Protection Standard for Marinas and Boatyards.

11.4.14 Life Safety Equipment. Flotation devices shall be provided at regular intervals throughout the marina to ensure the safety of marina users.

11.4.15 Fish Wastes. Fish waste disposal shall be in accordance with 7Del.C.,Ch. 60, and with any applicable Department approved policies.

11.4.16 Marina Structures. Marina structures in, on, or over subaqueous lands shall be designed to comply with applicable requirements of 7504Delaware Regulations Governing the Use of Subaqueous Lands and with the following:

11.4.16.1 They shall be designed to minimize adverse impacts on navigation, public use of waters, and natural resources, while allowing the applicant adequate access to waters of navigable depth.

11.4.16.2 They shall not significantly restrict water-flows.

11.4.16.3 The width and length of all structures shall be limited to what is reasonable for the intended use. To the extent feasible, heights and widths should be chosen to minimize shading of vegetation. Shading of SAV should be avoided.

11.4.16.4 Barrier-free access for the handicapped shall be provided for all marina structures when required by federal, state, or local statutes, regulations, or ordinances.

11.4.16.5 They shall have sufficient strength to resist expected dead, live, wind, and impact loads. Adequate consideration shall be made for forces imposed by earth pressures, flowing water, floating objects or debris (including ice), and vessel docking and mooring operations.

11.4.16.6 Marina structures shall not be constructed using creosote treated timber.

7 Del. Admin. Code § 7501-11.0