Md. Code Regs. 20.79.03.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 20.79.03.03 - Natural Resources Information

A. The purpose of this regulation is to require the applicant to demonstrate that the application addresses impacts of the project on the State's natural resources.

B. The applicant's environmental review document shall include the following natural resources information:

(1) A description of the impacts on forests, including:

(a) A forest stand delineation;

(b) Any techniques used to minimize forest impact; and

(c) The applicant's proposal to address any applicable forest conservation ordinance of the county or municipal corporation in which any portion of the project is proposed to be located, including:

(i) Efforts to comply with the applicable forest conservation ordinance, including the submission of a completed forest conservation worksheet for the county or municipal corporation;

(ii) No action or, alternatively, deviation from the requirements of the applicable forest conservation ordinance, with an explanation of the applicant's proposal or justification for the proposal and documentation of the county's or municipal corporation's agreement to the applicant's proposal; or

(iii) If applicable, a statement that the project is exempt from the Forest Conservation Act due to total acreage of forest cover in the county in which the project is proposed to be located;

(2) A description of the impacts to rare, threatened, and endangered species, including:

(a) An environmental review letter provided by the Maryland Department of Natural Resources;

(b) Information obtained from the U.S. Fish and Wildlife Service Information for Planning and Consultation online project planning tool; and

(c) An evaluation of mitigation and minimization actions to address impacts to rare, threatened, and endangered species, as needed;

(3) A Phase I environmental site assessment report, prepared in accordance with the American Society for Testing Materials (ASTM) standard E1527;

(4) A description and site plan concerning impacts to the Critical Area, consistent with COMAR 27.01, COMAR 27.02 (for State agency projects on State-owned lands), and COMAR 27.03 (regarding notice requirements);

(5) For solar photovoltaic generating stations, the description and site plan required in §B(4) of this regulation shall also include:

(a) Calculations of any required reservation of resource conservation area density rights for projects located in a resource conservation area consistent with COMAR 27.01.14.05D; and

(b) The identification and location of any conservation easements, restrictive covenants, or other protective instrument over the property;

(6) An analysis of potential noise impacts from construction and operation activities, including:

(a) Sound power levels or sound pressure levels at specific distances associated with noise-generating sources; and

(b) Identification of the closest noise-sensitive receptor locations;

(7) A geotechnical report within all areas of planned subsurface disturbance, if applicable; and

(8) Identification of sea level rise projects, if applicable.

Md. Code Regs. 20.79.03.03

Regulation .03 adopted effective November 8, 2004 (31:22 Md. R. 1598); amended effective 47:24 Md. R. 1034, eff. 11/30/2020; amended effective 48:18 Md. R. 694, eff. 9/6/2021