542.1The soil erosion and sediment control plan shall not be approved without the date and signature of the Director or the Director's designee stamped on the plan.
542.2The approved soil erosion and sediment control plan for a project shall be available on site for Department review for the entire period of construction during ordinary business hours.
542.3The Department shall approve a soil erosion and sediment control plan only if the Department determines the following:
(a) The plan meets the requirements of this chapter and of the Department's Standards and Specifications for Soil Erosion and Sediment Control;(b) The applicant has paid each applicable fee; and(c) The applicant has certified, in writing, that he or she will implement each control measure specified in the plan.542.4The Department may, with respect to a soil erosion and sediment control plan:
(a) Reject a submission as incomplete;(d) Approve or deny in part; and(e) Require conditions or modifications.542.5If a plan is disapproved, the Department shall notify the applicant in writing, providing the specific reasons for the disapproval of the plan.
542.6The Department may suggest modifications, terms, and conditions necessary to comply with the requirements of this chapter.
542.7A soil erosion and sediment control plan may cover multiple phases of a project.
542.8 The applicant shall submit one (1) electronic set of the soil erosion and sediment control plan to the Department for review via the Department's submittal database. For projects that receive a walkthrough permit review, the applicant shall also submit one (1) paper set of the soil erosion and sediment control plan to the Department.
542.9The applicant shall, at a minimum, provide the following information on the soil erosion and sediment control plan:
(a) A title that indicates the plan is a soil erosion and sediment control plan;(c) The address of the property;(d) The lot, square, or parcel numbers;(e) The name, address, and telephone number of:(f) For sites where work will be done on slopes in excess of fifteen percent (15%), the seal and signature of a professional engineer, licensed in the District of Columbia;(g) A vicinity sketch indicating north arrow, scale, and other information necessary to locate the property;(h) One of the following horizontal scales of profile, unless otherwise approved: (1) One inch equals ten feet (1 in. = 10 ft);(2) One inch equals twenty feet (1 in. = 20 ft);(3) One inch equals thirty feet (1 in. = 30 ft);(4) One inch equals forty feet (1 in. = 40 ft);(5) One inch equals fifty feet (1 in. = 50 ft); or(6) One inch equals eighty feet (1 in. = 80 ft);(i) One of the following vertical scales of profile, unless otherwise approved:(1) One inch equals two feet (1 in. = 2 ft);(2) One inch equals four feet (1 in. = 4 ft);(3) One inch equals five feet (1 in. = 5 ft); or(4) One inch equals ten feet (1 in. = 10 ft);(j) Existing features that may be relevant factors in the development of an erosion prevention plan, such as vegetation, wildlife habitat, water areas, and topsoil conditions;(k) The existing and proposed topography, including clear identification of all areas of slope greater than fifteen percent (15%);(l) The proposed grading and earth disturbance including:(1) Surface area involved;(2) Volume of spoil material;(3) Volume of borrow material; and(4) Limits of clearing and grading including limitation of mass clearing and grading whenever possible;(m) Storm drainage provisions, including:(1) Velocities and quantities of flow from a sediment control measure to an approved point of discharge; and(2) Site conditions around each point of surface water discharge from the site;(n) Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation including:(1) Provisions specified to ensure land disturbance does not extend beyond the proposed area of disturbance;(2) Details of grading practices that will be used on the site;(3) Methods to minimize, to the extent practicable, off-site vehicle tracking of sediment and generation of dust; and(4) Design details for structural control measures, including size and location of each erosion and sediment control measure, including:(A) Use of a crushed stone dike on each access road that is above grade; and(B) Use of a stabilized construction entrance for a construction project on each access road;(o) Details of each interim and permanent stabilization measure, including statement of intent to adhere to the following, by placing the statement on the soil erosion and sediment control plan: "Following initial land disturbance or re-disturbance, permanent or interim stabilization shall be completed within seven (7) calendar days for the surface of all perimeter controls, dikes, swales, ditches, perimeter slopes, and all slopes greater than three (3) horizontal to one (1) vertical (3:1); and fourteen (14) days for all other disturbed or graded areas on the project site. The requirements of this paragraph do not apply to those areas which are shown on the plan and are being used for material storage other than stockpiling, or for those areas on which actual construction activities are being performed. Maintenance shall be performed as necessary so that stabilized areas continuously meet the appropriate requirements of the District of Columbia Standards and Specifications for Soil Erosion and Sediment Control;"
(p) The sequence of construction, including:(1) A description of the relationship between the implementation and maintenance of controls, including permanent and interim stabilization and the various stages or phases of earth disturbance and construction; and(2) A sequence for each of the following activities:(A) Clearing and grubbing for those areas necessary for installation of perimeter controls;(B) Construction of perimeter controls;(C) Remaining clearing and grubbing;(E) Grading for the remainder of the site;(F) Utility installation, including the use or blocking of storm drains after construction;(G) Final grading, landscaping, or stabilization; and(q) A general description of the predominant soil types on the site, as described by the appropriate soil survey information available from the United States Department of Agriculture National Resources Conservation Service;(r) Recommendations for areas with unstable soils from a professional engineer licensed in the District of Columbia; and(s) A statement placed on the soil erosion and sediment control plan stating that the applicant shall contact the Department to schedule a preconstruction meeting before the commencement of a land-disturbing activity.542.10 After receiving notification that a soil erosion and sediment control plan meets the requirements for the Department's approval, the applicant shall submit to the Department's submittal database a final preconstruction application including:
(a) The complete plan; and(b) Proof that each applicable fee for Department services has been paid.542.11The Department shall issue the approved copies of the soil erosion and sediment control plan after the applicant has submitted proof that each applicable fee for Department services has been paid.
542.12Following approval of the plan, the applicant shall request the Department's approval at each of the following stages of construction:
(a) Installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading; and(b) Final stabilization of the site before the removal of erosion and sediment controls. Final stabilization means that all land-disturbing activities at the site have been completed and either of the following two (2) criteria are met: (1) A uniform (for example, evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent (70%) of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or(2) Equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.542.13A soil erosion and sediment control plan shall be designed in compliance with this chapter by a District-licensed:
(a) Professional engineer;542.14In support of a plan which it submits for approval, the applicant shall provide additional available information that the Department considers necessary to demonstrate compliance with erosion and sediment control requirements in this chapter.
542.15A copy of each approved plan shall be at the construction site from the date of commencement of the construction activities to the date of final stabilization and shall be made available for the Department's inspection.
D.C. Mun. Regs. r. 21-542
Final Rulemaking published at 25 DCR 1033 (July 28, 1978); incorporating text of Proposed Rulemaking published at 24 DCR 10522 (June 9, 1978); 8 DCRR, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); amended by Final Rulemaking published at 67 DCR 844 (1/31/2020)Under the Final Rulemaking published at 25 DCR 1033 (July 28, 1978). The Department of Environmental Services adopted the Handbook for Erosion and Sediment Control (February, 1977). Sections 538 through 545 were published in that Handbook.Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500 -15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor's Order 2006-61, dated June 14, 2006, and its delegations of authority.