7 Del. Admin. Code § 7501-13.0

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

Section 7501-13.0 - Permit Application Requirements for New Construction of Small Marinas and Minor Alterations to Existing Marinas

13.1 In order to reduce environmental impacts by encouraging consolidation of vessel docking facilities, permitting requirements for small, new marinas and minor alterations to existing marinas may be governed under this Section. Applicants for marina projects that meet the applicability criteria described in Section 14.1 below, qualify to submit a modified permit application as described in Section 13.2.

13.2 Applicants who qualify for small marina permitting status are not relieved from complying with the requirements identified in Sections 1.0, 11.0, 12.0 or 14.0 of this regulation. However, small marina permitting status does allow the applicant to submit a marina permit application that has been modified so that application requirements will be less burdensome.

13.3 Applicability

An applicant may apply for a permit under this Section if the proposed new marina or marina alteration can be described by any one of the following:

13.3.1 It is a commercial, recreational, or public marina of more than 4 but not more than 25 slips.

13.3.2 It is a commercial or public boat ramp.

13.3.3 It is a recreational boat ramp in conjunction with more than 4 but not more than 25 slips.

13.3.4 It is a facility that has fewer than five slips, but is classified as a marina because one or more headboats are docked there.

13.3.5 It is a minor alteration. Minor alterations are those that expand an existing marina by 25 slips or fewer, or involve no new waterbased structures or activities.

13.3.6 In addition to the above five items, the proposed marina or proposed alteration must not include fuel storage or delivery facilities, or vessel maintenance or repair facilities in order to qualify for permitting status under this section.

13.3.7 Alterations can only be permitted under this section once unless the proposed alteration expands the marina by fewer than 25 slips, in which case, future alterations may be permitted under this section until the total number of additional slips from the combined alterations reaches 25.

13.3.8 If the Department determines that this section does not apply to a proposed marina or marina alteration, the proposed new facility or alteration shall be required to comply with all requirements of the preceding sections of the Marina Regulations and shall not be eligible for the small marina permit application and processing procedures identified in Sections 13.2, 13.3, and 13.4, below.

13.4 Permit application: modified requirements. The requirements for marina permit applications identified in Sections 1.0, 11.0, 12.0, and 14.0 of this Regulation have been modified in Sections 13.0, 13.2, 13.3 and 13.4 below, to accommodate small new marinas and minor alterations. Applicants for marina projects that meet the applicability criteria described in Section IV.A, above, may submit an application and follow the permit processing procedures that have been modified as described below.

13.4.1 Siting and Design Study

13.4.1.1 Applicants need not provide justification for wet slip vessel and storage as required in Section 11.3.1.

13.4.1.2 The applicant may provide published data representative of site conditions in lieu of site specific field studies to satisfy the requirements of the Water Quality Assessment (Section 11.3.2). If published data is not available, an abbreviated sampling strategy that has been mutually developed and agreed upon by the applicant and the Department may be submitted to satisfy this requirement.

13.4.1.3 The benthic resources assessment required in accordance with Section 11.3.7 need not be performed.

13.4.2 Joint Application Form - All appropriate appendices of the Joint Application Form shall be completed. However, applicants may submit the appendices modified for small marina projects in lieu of the standard appendices.

13.4.3 Operations and Maintenance Plan (O&M Plan) - Applicants for new small marinas may use the Department's Standard Operations and Maintenance Plan and need not prepare a specialized plan. This requirement is satisfied by providing the information required in the Standard Operations and Maintenance Plan Information Sheet (Sheet is obtained from the Department). Water quality monitoring will not be required as part of the O&M Plan for small marinas or minor alterations. Applicants proposing minor alterations to existing marinas need only modify their existing O&M Plan as appropriate.

13.4.4 Fees. The fee for minor, new marinas or, minor marina alterations will apply as appropriate.

13.5 Bonding. The applicant will not be required to post a bond for project construction.

13.6 Public notice requirements. The initial public notice and 45 day comment period will not be required, for small, new marinas or minor marina alterations. The first public notification will be the 20 day notice, during which requests for a public hearing may be received.

7 Del. Admin. Code § 7501-13.0