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HARRY HUGHES, Governor
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1201
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(3) If, after a site visit, the report of the
Secretary recommends that a license be granted, the Board may
issue the license without a hearing as to an application for a
license:
(i) To fill or construct a shore erosion
control structure of riprap on State wetlands if the fill area is
less than 500 feet in length parallel to the fast land as close
thereto as structurally feasible but not more than 10 feet
channelward of the mean high water line; [or]
(ii) To repair or replace a bulkhead for the
purpose of shore erosion control where the bulkhead is presently
functional, but is deteriorating or damaged, provided that the
repair or replacement structure does not extend more than 18
inches channelward of the existing structure. IF THE REPAIR OR
REPLACEMENT IS COMPOSED OF MAY INCLUDE RIPRAP PILED PLACED ALONG
THE BASE OF THE WALL BULKHEAD, PROVIDED THAT THE RIPRAP SHALL NOT
EXTEND MORE THAN 10 FEET CHANNELWARD OF THE BULKHEAD[.]; OR
(III) TO FILL NEARSHORE SHALLOW WATER BOTTOM
FOR THE PURPOSE OF SHORE EROSION CONTROL BY VEGETATIVE
STABILIZATION INCLUDING WETLAND PLANT ESTABLISHMENT. EXTENDING NO
MORE THAN 35 FEET CHANNELWARD OF THE MEAN HIGH WATER LINE
PROVIDED THE FILL AREA IS LESS THAN 500 FEET IN LENGTH PARALLEL
TO THE FAST LAND FOR THE PURPOSE OF SHORE EROSION CONTROL BY
LANDSCAPING AND WETLAND PLANT ESTABLISHMENT.
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(4) With respect to the maintenance dredging of
projects in State wetlands for which a license is to be issued,
the license may include provision for periodic maintenance
dredging if recommended by the report of the Secretary provided
that the maintenance dredging be effected:
(i) Within the area, depth and in conformity
with other limitations contained in the license;
(ii) That no more than 500 cubic yards of
material be dredged at each maintenance dredging to restore
licensed works;
(iii) That the material from maintenance
dredging be deposited upon the designated or other upland site
approved by the Secretary;
(iv) That the Secretary be notified and approve
of each maintenance dredging operation.
(5) The provisions for periodic maintenance dredging
under the aforementioned conditions shall be effective for no
more than 6 years beyond the date of issuance of the license.
(6) If the licensee desires to continue maintenance
dredging beyond the expiration date authorized in item (5), he
must obtain a new license by submitting an application to the
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