Md. Code Regs. 26.17.01.07

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

Section 26.17.01.07 - Application for Approval of Erosion and Sediment Control Plans

A. When an approved erosion and sediment control plan is required, an applicant shall make a submittal to the approval authority in accordance with procedures established by the jurisdiction and this chapter, and shall be subject to any fees established under Environment Article, § 4-103(c), Annotated Code of Maryland.

B. At a minimum, a submittal must include:

(1) A letter of transmittal or application;

(2) Name, address, and telephone number of:

(a) The owner of the property where the grading is proposed;

(b) The developer; and

(c) The applicant;

(3) A vicinity map indicating north arrow, scale, and other information necessary to easily locate the property;

(4) The location of natural resource areas and sensitive areas such as wetlands, floodplains, highly erodible soils, steep slopes, and any other areas required on a concept plan as described in COMAR 26.17.02;

(5) A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the soil conservation district from the USDA Natural Resources Soil Conservation Service;

(6) An erosion and sediment control plan including the following, unless otherwise noted in this chapter:

(a) Limits of disturbance, including proposed grading units;

(b) The existing and proposed topography;

(c) The proposed grading and earth disturbance including:

(i) Surface area involved;

(ii) Volume of spoil material; and

(iii) Volume of borrow material;

(d) Storm drainage provisions, including:

(i) Velocities and quantities of flow at outfalls; and

(ii) Site conditions around points of all surface water discharge from the site;

(e) Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation including:

(i) Provisions to limit disturbance;

(ii) Details of grading practices including phasing of grading units;

(iii) Design details for non-structural and structural controls; and

(iv) Provisions to preserve top soil;

(f) Details of temporary and permanent stabilization measures including:

(i) The following statement on the plan: "Following initial soil disturbance or redisturbance, permanent or temporary stabilization is required within three calendar days as to the surface of all perimeter controls, dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and seven calendar days as to all other disturbed areas on the project site except for those areas under active grading.";

(ii) Identification of areas requiring accelerated stabilization;

(iii) Maintenance requirements to ensure that stabilized areas continuously meet the requirements of the "2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control"; and

(iv) Identification of interior areas of surface mines exempted from stabilization requirements to prevent contamination of the recoverable resource by the stabilization material;

(g) Sequence of construction describing the relationship between the implementation and maintenance of erosion and sediment control practices, including permanent and temporary stabilization, grading units, and the various stages or phases of earth disturbance and construction. At a minimum, a sequence of construction is to include a schedule and time frame for the following activities:

(i) Clearing and grubbing as necessary for the installation of perimeter controls;

(ii) Construction and stabilization of perimeter controls;

(iii) Remaining clearing and grubbing within installed perimeter controls;

(iv) Road grading;

(v) Grading for the remainder of the site;

(vi) Utility installation and connections to existing structures;

(vii) Final grading, landscaping, and stabilization; and

(viii) Removal of controls and stabilization of resulting disturbances;

(h) A statement placed on the plan indicating the owner/developer shall notify the appropriate enforcement authority at the following stages of construction:

(i) Prior to the start of earth disturbance;

(ii) Upon completion of the installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading; and

(iii) Prior to the start of another phase of construction or opening of another grading unit; and

(iv) Prior to the removal of sediment controls; and

(i) An Owner/Developer Certification stating:

(i) All clearing, grading, construction, and development will be done pursuant to this plan; and

(ii) Responsible personnel involved in the construction project will have a Certificate of Training before beginning the project.This Certificate of Training for responsible personnel requirement may be waived by the approval authority on any project involving four or fewer residential units; and

(7) Any additional information or data deemed appropriate by the approval authority.

C. The approval authority may require that erosion and sediment control plans receive certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for a forest harvest operation only) registered in the State that they have been designed in accordance with the appropriate approved erosion and sediment control ordinance or regulation, standards, and criteria.

D. Standard Erosion and Sediment Control Plans.

(1) An approval authority may adopt a standard erosion and sediment control plan for minor grading, earth disturbance, and construction activities, such as a single-family residence, small commercial and other similar building sites, minor maintenance grading, and minor utility construction.

(2) A standard erosion and sediment control plan must be consistent with the appropriate county or municipal erosion and sediment control ordinance, the Commission's erosion and sediment control regulations, and this chapter.

(3) The Administration shall review and approve a standard plan prior to adoption.

(4) The following is to be considered during the Administration's review and approval:

(a) Volume of grading allowed;

(b) Disturbed surface area allowed;

(c) Staging of the clearing and grading operation;

(d) Depth or height of cut and fill allowed;

(e) Maximum degree of steepness of any existing slopes;

(f) Maximum degree of steepness of final graded slopes;

(g) Proposed manner of handling storm water runoff;

(h) Proposed manner and timing of temporary and permanent stabilization;

(i) Proposed erosion and sediment control principles, methods, and practices to be employed; and

(j) Proposed applications and restricted use of the standard plan, including restrictions on its use in developing subdivisions or contiguous or adjacent areas.

(5) The Administration shall conduct the review of the standard plan in a timely manner and notify the approval authority in writing of the Administration's findings.

Md. Code Regs. 26.17.01.07

Regulations .07 amended effective December 17, 1984 (11:25 Md. R. 2130)
Regulation .07D-1_F recodified to Regulation .08E_G, and Regulation .08A-1_D recodified to Regulation .09B_E
Regulation .07B amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474