23.02.04.08

.08 Departmentís Report and Recommendation.

A. The Department shall submit a written Report and Recommendation for each application for an individual license to the Administrator that includes the following:

(1) Name and complete contact information for the applicant, and its agent, if any;

(2) Location of the project including the name of the impacted waterbody;

(3) Whether the license should be granted;

(4) Any conditions under which the license should be granted;

(5) Information compiled during site visits, if any;

(6) Whether a public informational hearing was required, when it was held, a summary of the public informational hearing, and copies of any documents submitted to the Department;

(7) A statement where applicable, that the Department has coordinated review of the application with the Department of Natural Resources, the Maryland Historical Trust, and the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

(8) Comments submitted by the public or State, federal, or local agencies;

(9) List of interested persons;

(10) For trenchless technology projects:

(a) Design plans and justification for the bore depth; and

(b) If the trenchless technology project involves a bore greater than 12 inches in diameter, the design plans shall be signed, sealed and dated by a professional engineer licensed in the State of Maryland under Business Occupations and Professions Article, §14-301, Annotated Code of Maryland, who prepared or approved the design plans;

(11) For any recommendation to authorize improvements to protect a personís property against erosion using any measures other than a nonstructural shoreline stabilization measure, such as a living shoreline, an explanation of why the Department granted a waiver under Environment Article, §16-201(c), Annotated Code of Maryland; and

(12) For projects that propose removal of submerged aquatic vegetation, an explanation as to why impacts to that vegetation cannot be avoided.

B. If the Department has suspended processing an application under COMAR 26.24.02.02H, it shall notify the Board, and, upon request from the Board through its Administrator, cease that suspension and complete its report.