Md. Code Regs. 26.08.04.02-1

Current through Register Vol. 51, No. 11, May 31, 2024

Section 26.08.04.02-1 - General Water Quality Certifications

A. General Water Quality Certification (GWQC) for Marsh Creation Projects.

(1) Scope of Activity.

(a) Definition. Marsh creation projects are defined as the vegetative stabilization of tidal shorelines and nontidal stream banks that are subject to erosion.

(b) Exception. The projects certified by this GWQC do not include marshes created for storm water management purposes.

(c) Marsh Creation. The creation of marshes includes the following activities:

(i) The placement of fill material such as earth or sand;

(ii) The construction of stone containment structures;

(iii) The grading of banks; and

(iv) The planting of Spartina alterniflora, Spartina patens, or other species acceptable to the Department.

(2) Certification. A federally permitted marsh creation project which meets the conditions of this GWQC is authorized under § 401 of the Clean Water Act (33 U.S.C. 1341 (1987)), provided that other applicable federal, State, and local laws and regulations are satisfied.

(3) Design Specifications.

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

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

(c) The project is a single and complete project.

(d) The applicant, in planning the project, shall comply with seasonal limitations applied to the construction phase for the protection of important aquatic species.

(4) Construction Specifications.

(a) Material may not be placed in excess of the minimum needed for erosion protection. All temporary fills shall be removed in their entirety on or before the completion of construction.

(b) 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.

(c) Placement of fill material in existing vegetated wetlands shall be minimized to the greatest extent possible.

(d) Only clean material free of waste metal products, organic material, unsightly debris, toxic substances in toxic amounts, or any other deleterious substance shall be placed. The fill material to be placed shall include clean earth fill, sand, and stone only.

(e) Discharges in spawning areas during spawning seasons of important aquatic species shall be avoided.

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

(g) Placement of fill material into breeding areas for migratory waterfowl shall be avoided.

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

(5) Applicant's Responsibility.

(a) 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 regulations, or local ordinances.

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

(c) The applicant is required to comply with all conditions of this general certification.

(6) Right of Inspection.

(a) Reliance on this GWQC by the applicant or his agent constitutes permission to inspect at any time the operations and records for any project conducted under the authority of this GWQC.

(b) Failure to comply with the conditions of this GWQC shall constitute reason for suspension or revocation of the applicant's use of this GWQC.

(c) Legal proceedings may be instituted against the alleged violator in accordance with Health-General Article, §2-207, and State Government Article, §§ 10-201 et seq., Annotated Code of Maryland.

B. General Water Quality Certification (GWQC) for the Installation of Utility Lines.

(1) Scope of Activity.

(a) Definition. Utility lines are defined as any pipe, cable, or wire for the conveyance of public water or public sewer, natural gas, or the transmission of electrical, radio, or telecommunications service.

(b) Exceptions.

(i) Utility lines do not include intake and outfall structures or any pipe and pipeline used to transport any gaseous, liquid, or slurry substance except as associated with natural gas, water, and sewage lines.

(ii) Blasting, as a construction method, is not authorized by this GWQC.

(iii) Installation of gas pipe lines larger than 12 inches in diameter is not authorized by this GWQC.

(c) Installation. The installation of utility lines includes the following activities:

(i) The trenching, jetting, jackhammering, or plowing of wetlands or waterways;

(ii) The laying of a pipe, cable, or wire;

(iii) The backfilling of the excavated trench containing the pipe, cable, or wire;

(iv) The placement of riprap; and

(v) The vegetative stabilization of wetland areas which have been disturbed.

(2) Certification. A federally permitted utility line installation which meets the conditions of this GWQC is authorized under § 401 of the Clean Water Act (33 U.S.C. 1341 (1987)), provided that other applicable federal, State and local laws and regulations are satisfied.

(3) Design Specifications.

(a) The applicant, in planning the project, shall comply with seasonal limitations applied to the construction phase for the protection of important aquatic species.

(b) The post-construction bottom contours of waters and elevations of wetlands shall be the same as original contours and elevations.

(c) Disturbances of wetlands and waterways shall be avoided or minimized through the use of other practical alternatives such as designing the utility line in a proposed or existing roadway or using an existing right-of-way.

(4) Construction Specifications.

(a) Excess material shall be removed to an upland disposal area identified on the plan submitted for approval.

(b) Temporary fill materials shall be removed in their entirety on or before the completion of construction.

(c) 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.

(d) If backfill material is obtained from sources other than the originally excavated material, it shall be clean material, free of waste metal products, organic material, unsightly debris, toxic substances in toxic amounts, or any other deleterious substance.

(e) Permanent work may not:

(i) Restrict or impede the movement of aquatic species indigenous to the waters;

(ii) Restrict or impede the passage of normal or expected high flows;

(iii) Cause the relocation of the water; or

(iv) Cause the impoundment of water.

(f) To protect important aquatic species, in-stream work is prohibited as determined by the use designation of the stream, as follows:

(i) Class I and Class I-P Waters. In-stream work may not be conducted during the period March 1 through June 15, inclusive, during any year.

(ii) Class II Waters. In-stream work may not be conducted during the period June 1 through September 30 or December 16 through March 14, inclusive, during any year.

(iii) Class III and Class III-P Waters. In-stream work may not be conducted during the period October 1 through April 30, inclusive, during any year.

(iv) Class IV and Class IV-P Waters. In-stream work may not be conducted during the period March 1 through May 31, inclusive, during any year.

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

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

(i) The applicant shall obtain and comply with a State or locally approved sediment control plan. The following apply:

(i) This plan shall be on site during all phases of construction;

(ii) Sediment bearing waters may not be discharged to the receiving waterway except as provided in the approved sediment control plan;

(iii) Discharges of sediment bearing water may not cause violations of the applicable State water quality standards.

(5) Applicant's Responsibility.

(a) This GWQC does not relieve the applicant of the responsibility for obtaining any other approvals, licenses, or permits in accordance with federal and State law or regulation, or local ordinance.

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

(c) The applicant is required to comply with all conditions of the GWQC.

(d) The applicant is required to maintain all utility installations constructed under the authority of this GWQC. All utility maintenance is subject to the conditions of this GWQC.

(6) Right of Inspection.

(a) Reliance on this GWQC by the applicant or his agent constitutes permission to inspect at any time the operations and records for any project conducted under the authority of this GWQC.

(b) Failure to comply with the conditions of this GWQC shall constitute reason for suspension or revocation of the applicant's use of this GWQC.

(c) Legal proceedings may be instituted against the alleged violator in accordance with Health-General Article, §2-207, and State Government Article, §§ 10-201 et seq., Annotated Code of Maryland.

Md. Code Regs. 26.08.04.02-1

Regulations .02-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Regulation .02-1C amended effective 41:8 Md. R. 474, eff.4/28/2014