Md. Code Regs. 26.08.02.12

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.08.02.12 - General Water Quality Certification (GWQC) for the Construction of Bulkheads

A. Scope of Activity.

(1) Definition. "Bulkheads" means the structural stabilization of tidal and nontidal shorelines that are subject to erosion.

(2) Exceptions.

(a) Bulkheads authorized by this GWQC do not include structures which allow passage of a discharge pipe of any kind, such as storm water outfalls and those outfalls regulated under State discharge permits.

(b) Riprap revetments are not authorized by this GWQC.

(3) Bulkhead Construction. The construction of bulkheads includes the following activities:

(a) Driving of piles;

(b) Placement of a timber, aluminum, or steel vertical shoreline erosion control structure;

(c) Placement of a gabion wall;

(d) Placement of backfill behind the structure; and

(e) Placement of riprap at the channelward toe of the structure.

B. Certification. A federally permitted bulkhead project which meets the conditions of the GWQC is authorized under § 401 of the Federal Act provided that other applicable federal, State, and local laws and regulations are satisfied.

C. Design Specifications.

(1) The stabilization activity shall be necessary for the prevention of erosion on tidal shorelines or nontidal stream banks.

(2) The placement of fill material authorized by this GWQC shall be limited to an average of 1 cubic yard of material per running foot placed within waters of the State.

(3) The project shall be a single and complete project.

(4) The project shall be limited to 500 feet in length.

D. Construction Specifications.

(1) The vertical structure shall be constructed in its entirety before the discharge of backfill material.

(2) Material may not be placed in excess of the minimum needed for erosion protection.

(3) Excess material shall be removed to an upland site identified on the plan submitted for the federal permit.

(4) Temporary fills shall be removed in their entirety on or before the completion of construction.

(5) Material may not be placed in any location or in any manner so as to impair surface or subsurface water flow into or out of any wetland area.

(6) Placement of fill material in existing vegetated wetlands shall be minimized to the greatest extent possible. Bulkheads shall be placed landward of existing marsh vegetation. An area which contains more than 10 percent vegetated wetlands may not be filled.

(7) Where the vertical structure is inundated by 2 feet or greater depths of water at the mean high water tide, stone riprap shall be placed at the toe of the structure to protect the structure from wave and tide action and to prevent the disturbance and transport of sediment to waters of the State, which may occur as a result of the scouring actions of wave and tide. Gabion walls are exempted from this requirement.

(8) Only clean material free of waste metal products, organic material, unsightly debris, toxic material, or any other deleterious substance shall be placed as backfill.

(9) The applicant shall obtain and comply with a State or locally approved sediment control plan when disturbing or placing greater than 100 cubic yards of earth or backfill.

(10) Work in the waterway in spawning areas during spawning seasons of important aquatic species is prohibited.

(11) Placement of fill material may not restrict or impede the movement of aquatic species indigenous to the waters, or cause the relocation of the waters.

(12) Disturbances in breeding areas for migratory waterfowl shall be avoided.

(13) Heavy equipment working in wetlands shall be placed on mats, or suitably designed to prevent damage to the wetlands.

E. Applicant's Responsibility.

(1) This GWQC does not:

(a) Relieve the applicant of the responsibility for obtaining any other approvals, licenses, or permits in accordance with federal and State laws or regulation, or local ordinances;

(b) Authorize the beginning of any proposed work in the absence of necessary approvals, licenses, or permits.

(2) The applicant shall comply with all conditions of this general certification.

F. Right of Inspection and Department Enforcement.

(1) Reliance on this GWQC by the applicant or the applicant's agent constitutes permission to the Department to inspect at any time the operations and records for any project constructed under the authority of this GWQC.

(2) An activity is authorized by the GWQC as long as compliance with the conditions of the GWQC is maintained. Upon failure to comply with the conditions of this GWQC, the applicant is required to apply for an individual water quality certification.

(3) Legal proceedings may be instituted against an alleged violator in accordance with the provisions of the Environment Article and State Government Article, Annotated Code of Maryland.

Md. Code Regs. 26.08.02.12

Regulation .12 adopted effective February 19, 1990 (17:3 Md. R. 303)