§ 3.403. Erosion and sediment control plans.

(a)

Approval of Erosion and Sediment Control Plans Required. Subject to section 3.402 of this subtitle, a person may not clear or grade land without an erosion and sediment control plan approved by the Howard Soil Conservation District.

(b)

Submission of Erosion and Sediment Control Plan to Howard Soil Conservation District. An applicant shall submit an erosion and sediment control plan and any required supporting documentation to the Howard Soil Conservation District for review and approval. The Howard Soil Conservation District shall review erosion and sediment control plans to determine compliance with this subtitle and the standards and specifications prior to approval. In approving the plan, the Howard Soil Conservation District may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this subtitle, COMAR 26.17.01, the standards and specifications, and the preservation of public health and safety.

(c)

Contents of the Erosion and Sediment Control Plan. An applicant shall submit an erosion and sediment control plan that meets the requirements of the Howard Soil Conservation District, this subtitle, title 18, subtitle 3 of this Code, the standards and specifications, and title 4 of the Environment Article of the Annotated Code of Maryland. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off site sedimentation. At a minimum, applicants shall submit the following information:

(1)

A letter of transmittal, an application, or both;

(2)

Name, address, and telephone number of:

(i)

The owner of the property where the grading is proposed;

(ii)

The developer; and

(iii)

The applicant;

(3)

A vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property;

(4)

Drainage area map(s) at a 1-inch = 200 feet minimum scale showing existing, interim, and proposed topography, proposed improvements, standard symbols for proposed sediment control features, and pertinent drainage information including provisions to protect downstream areas from erosion for a minimum of 200 feet downstream or to the next conveyance system;

(5)

The location of natural resources, wetlands, floodplains, highly erodible soils, slopes 15 percent and steeper, and any other sensitive areas;

(6)

A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the Howard Soil Conservation District or the USDA Natural Resources Soil Conservation Service;

(7)

Proposed stormwater management practices;

(8)

Erosion and sediment control plans including:

(i)

The existing topography and improvements as well as proposed topography and improvements at a scale between 1-inch = 10 feet and 1-inch = 50 feet with two-foot contours or other approved contour interval and, for projects with more than minor grading, interim contours may also be required;

(ii)

Scale, project and sheet title, and north arrow on each plan sheet;

(iii)

The limit of disturbance (LOD) including:

a.

Limit of grading (grading units, if applicable); and

b.

Initial, interim, and final phases;

(iv)

The proposed grading and earth disturbance, including:

a.

Total disturbed area;

b.

Volume of cut and fill quantities; and

c.

Volume of borrow and spoil quantities;

(v)

Storm drainage features, including:

a.

Existing and proposed bridges, storm drains, culverts, outfalls, etc.;

b.

Velocities and peak flow rates at outfalls for the two-year and ten-year frequency storm events; and

c.

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

(vi)

Erosion and sediment control practices to minimize on-site erosion and prevent off-site sedimentation, including:

a.

The salvage and reuse of topsoil;

b.

Phased construction and implementation of grading unit(s) to minimize disturbances, both in extent and duration;

c.

Location and type of all proposed sediment control practices;

d.

Design details and data for all erosion and sediment control practices; and

e.

Specifications for temporary and permanent stabilization measures including, at a minimum:

I.

The "standard stabilization note" on the plan stating: "FOLLOWING INITIAL SOIL DISTURBANCE OR REDISTURBANCE, PERMANENT OR TEMPORARY STABILIZATION SHALL BE COMPLETED WITHIN:

1.

THREE CALENDAR DAYS AS TO THE SURFACE OF ALL PERIMETER DIKES, SWALES, DITCHES, PERIMETER SLOPES, AND ALL SLOPES STEEPER THAN 3 HORIZONTAL TO 1 VERTICAL (3:1); AND

2.

SEVEN CALENDAR DAYS AS TO ALL OTHER DISTURBED OR GRADED AREAS ON THE PROJECT SITE NOT UNDER ACTIVE GRADING."

II.

Details for areas requiring accelerated stabilization; and

III.

Maintenance requirements as defined in the standards and specifications;

(vii)

A sequence of construction describing the relationship between the implementation and maintenance of controls, including permanent and temporary stabilization, and the various stages or phases of earth disturbance and construction. Any changes or revisions to the sequence of construction shall be approved by the Howard Soil Conservation District prior to proceeding with construction. The sequence of construction, at a minimum, shall include the following:

a.

Request for pre-construction meeting with the appropriate enforcement authority;

b.

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

c.

Construction and stabilization of perimeter controls;

d.

Remaining clearing and grubbing within installed perimeter controls;

e.

Road grading;

f.

Grading for the remainder of the site;

g.

Utility installation and connections to existing structures;

h.

Construction of buildings, roads, and other construction;

i.

Final grading, landscaping, and stabilization;

j.

Installation of stormwater management measures;

k.

Approval of the appropriate enforcement authority prior to removal of sediment controls; and

l.

Removal of controls and stabilization of areas that are disturbed by removal of sediment controls.

(viii)

A statement requiring the owner/developer or representative to contact the Department of Public Works or its agent at the following stages of the project or in accordance with the approved erosion and sediment control plan, grading permit, or building permit:

a.

Prior to the start of earth disturbance;

b.

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

c.

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

d.

Prior to the removal of sediment control practices;

(ix)

Certification by the owner/developer that any clearing, grading, construction, or development will be done pursuant to the approved erosion and sediment control plan. The certification shall also require that the responsible personnel involved in the construction project have a certificate of training at an MDE approved training program for the control of erosion and sediment prior to beginning the project. The certificate of training for responsible personnel may be waived by the Department of Public Works on any project involving four or fewer residential lots.

(x)

Additionally, the owner/developer shall allow a right of entry for periodic on-site evaluation by the Howard Soil Conservation District, the Department of Inspections, Licenses and Permits, the Department of Public Works, and the Maryland Department of the Environment; and

(xi)

Certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for forest harvest operations only) registered in the State that the plans have been designed in accordance with erosion and sediment control laws, regulations, and standards, if required by the Howard Soil Conservation District or the administration.

(9)

Any additional information or data deemed appropriate by the Howard Soil Conservation District.

(d)

Plan Approval Duration. Approved plans remain valid for two years from the date of approval unless extended or renewed by the Howard Soil Conservation District.

(e)

Grandfathering of Approved Plans.

(1)

Any plans that receive final approval after January 9, 2013 shall be in compliance with the requirements of this section and the standards and specifications.

(2)

A plan that receives final approval by January 9, 2013 may be reapproved under its existing conditions if grading activities have begun on the site by January 9, 2013, with the exception of stabilization requirements.

(3)

Stabilization practices on all sites shall be in compliance with the requirements of this section of this Code, and the standards and specifications by January 9, 2013, regardless of when an approved erosion and sediment control plan was approved.

(f)

Review and Approval by Howard Soil Conservation District. The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the Standards and Specifications, Title 18, Subtitle 9 of this Code, and Title 4 of the Environment Article of the Annotated Code of Maryland.

(g)

At a minimum, the concept stage shall include the mapping of natural resources and sensitive areas including highly erodible soils and slopes greater than 15 percent as well as information required under Title 18, Subtitle 9 of this Code. These areas are to remain undisturbed or an explanation shall be included during the concept or site development stage describing enhanced protection strategies for these areas during construction.

(h)

The site development stage shall include all concept stage information and information about how proposed erosion and sediment control practices will be integrated with proposed stormwater management practices. The latter may be accomplished through a narrative and may be shown on an overlay plan showing both ESD and erosion and sediment control practices. An initial sequence of construction and proposed project phasing to achieve the grading unit restriction should be submitted at this time. A construction drawing included in this stage shall contain sufficient information, drawings, and notes to describe how soil erosion and off-site sedimentation will be minimized. The concept and site development stages shall serve as a basis for all subsequent grading and stabilization.

(i)

An applicant shall submit a final erosion and sediment control plan to the Howard Soil Conservation District for review and approval. The related drawings shall include all of the information required by the concept and site development stage as well as any information required by this subtitle but not already submitted.

(j)

Approval. A final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the Howard Soil Conservation District on the construction drawing. In approving the plan, the Howard Soil Conservation District may impose conditions it deems necessary to ensure compliance with the provisions of this subtitle, the Maryland Sediment Control Regulations, the "standards and specifications," requirements of the Howard Soil Conservation District or the preservation of public health and safety.

(k)

Modifications to Approved Erosion and Sediment Control Plans.

(1)

The Howard Soil Conservation District may revise approved plans as necessary. Modifications may be requested by the permittee, the owner/developer, the inspection agency, or the Department of Inspections, Licenses and Permits in accordance with COMAR 26.17.01.09(H), plan modifications.

(2)

The Howard Soil Conservation District may develop a list of minor modifications that may be approved as field revisions by the inspection agency. The list of minor modifications shall not be implemented unless it has been approved by the administration.

(l)

Notification by Howard Soil Conservation District. Within 30 days of submission of the completed erosion and sediment control plan, the Howard Soil Conservation District shall notify the applicant of approval, approval with modifications, or the reasons for disapproval. If a decision is not made within 30 days, the Howard Soil Conservation District shall inform the applicant of the status of the review process and the anticipated completion date.

(m)

Standard Plan.

(1)

The Howard Soil Conservation District may adopt a standard erosion and sediment control plan for activities with minor earth disturbances, such as single-family residences, small commercial and other similar building sites, minor maintenance grading, and minor utility construction.

(2)

A standard erosion and sediment control plan shall meet the requirements of this subtitle and the standards and specifications.

(3)

MDE shall review and approve a standard plan prior to its adoption.

(n)

Variances. The Howard Soil Conservation District may only grant a written variance from the requirements of this subtitle when strict adherence will result in exceptional hardship and not fulfill the intent of this subtitle. The owner/developer shall submit a written request for a variance to the Howard Soil Conservation District. The request shall state the specific variance sought and the reasons for the request. The Howard Soil Conservation District shall not grant a variance unless and until sufficient information is provided describing the unique circumstances of the site that justify the variance.

(C.B. 3, 2013, § 1.1)