Is a waterway construction permit required if a streamflow is diverted using a clear water diversion pipe?

The correct choice is that a waterway construction permit is not required when a streamflow is diverted using a clear water diversion pipe. This is because clear water diversion methods are typically utilized to manage and redirect uncontaminated runoff away from construction activities, thereby minimizing erosion and sedimentation impacts. Such practices are recognized as best management practices (BMPs) aimed at protecting water quality during construction.

The use of clear water diversion pipes is more aligned with maintaining site drainage and preventing stormwater from mixing with disturbed soil surfaces, which helps to maintain the integrity of the waterbody and protect aquatic life. The regulatory framework often establishes different criteria for various types of activities and the materials used in stream flow management. In many cases, clear water management systems are seen as less intrusive and do not pose the same risks associated with more extensive alterations of the stream, which would necessitate a more rigorous permitting process.

Understanding the specific measures and practices allowed under Maryland's environmental regulations helps ensure that construction professionals can effectively manage water flow while complying with legal requirements.