Md. Code Regs. 26.08.02.13

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

Section 26.08.02.13 - General Water Quality Certification (GWQC) for the Placement of Riprap for Shore Protection

A. Scope of Activity.

(1) Definition. Riprap revetments are defined as:

(a) A facing of loose stone, brick, or masonry placed for the purpose of stabilizing tidal and nontidal shorelines that are subject to erosion; and

(b) Being constructed with materials of suitable size and weight to prevent their transport into the waterway.

(2) Exceptions.

(a) Riprap revetments authorized by the 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) Materials authorized for placement may not include asphalt, waste metal products, organic materials, unsightly debris, toxic material, or any other deleterious substance.

(c) Revetments may not be constructed to create fastland.

(3) Construction of Revetments. The construction of revetments includes the following activities:

(a) Excavation;

(b) Placement of filter cloth or other base;

(c) Stabilization of disturbed slopes by seeding or planting;

(d) Placement of loose or broken stone;

(e) Placement of aggregate or concrete mix;

(f) Placement of concrete and block;

(g) Pouring of concrete; and

(h) Placement of backfill.

B. Certification. A federally permitted placement of riprap 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 or nontidal shorelines.

(2) The placement of fill material authorized by the GWQC shall be limited to the minimum needed for erosion protection.

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

D. Construction Specifications.

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

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

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

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

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

(6) The maximum slope of riprap revetments may not exceed 2:1.

(7) The maximum encroachment of riprap revetments may not extend more than 10 feet channelward of the mean high water shoreline.

(8) Riprap revetments shall be constructed on a base of filter cloth.

(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 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.

(2) This GWQC does not authorize the beginning of any proposed work in the absence of necessary approvals, licenses, or permits.

(3) 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 the alleged violator in accordance with the provisions of the Environment Article and State Government Article, Annotated Code of Maryland.

Md. Code Regs. 26.08.02.13

Regulation .13 adopted effective February 19, 1990 (17:3 Md. R. 303)