11.30.050 Erosion and sediment control plans

11.30.050 Erosion and sediment control plans.

(1) For major utility construction, a person may not clear or undertake land disturbance without first obtaining utility erosion and sediment control plan approval and a subsequent major utility erosion and sediment control permit from the Commission.

(2) For minor utility construction, a person may not clear or otherwise undertake land disturbance without first obtaining from the Commission a minor utility construction permit.

(3) The applicant shall submit an erosion and sediment control plan, and any subsequently required documents, to the Commission for review and approval. The erosion and sediment control plan shall contain sufficient information in engineered drawings and notes to describe how the applicant will minimize soil erosion and off-site sedimentation. The Commission shall review the plan to determine compliance with this chapter and the Standards and Specifications prior to approval. The erosion and sediment control plan shall apply to all subsequent land disturbances and stabilization. For utility construction projects that are located entirely within the limits of disturbance of an approved erosion and sediment control plan from the District or Department of Permitting Services, the applicant shall submit copies of these plans along with the proposed utility erosion and sediment control plan.

(4) The applicant shall use extra erosion and sediment control practices and BMPs when a project lies within the Maryland critical area, Montgomery County special protection areas, the Upper Patuxent River watershed, areas of highly erodible soils, steep slopes, nontidal wetlands, Tier II watersheds, and impaired waters with total maximum daily load constraints as determined by the Department. These areas shall be identified on the plan and a note requiring clearing limits of utility construction restricted to same day stabilization of disturbed areas shall be required.

(5) In approving an erosion and sediment control plan, the Commission may impose such conditions thereto as the Commission may deem necessary to ensure compliance with the provisions of this chapter, the state sediment control regulations, COMAR 26.17.01, the Standards and Specifications, or the protection of public health and safety.

(6) The Commission shall notify the applicant of approval, disapproval or modifications within 30 days after submission of the erosion and sediment control plan. If a decision is not made within 30 days, the Commission shall inform the applicant of the status of the review process and the anticipated review completion date.

(7) The Commission will not consider approved any erosion and sediment control plan that omits the signature and date of signature of the Commission’s representative.

(b) Contents of the Utility Erosion and Sediment Control Plan. The applicant is responsible for submitting an erosion and sediment control plan that meets the requirements of the Commission, this chapter, the state sediment control regulations, COMAR 26.17.01, and the Standards and Specifications. The plan shall include information sufficient for the Commission to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed land disturbance on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation.

An applicant seeking approval of an erosion and sediment control plan shall submit the following information:

(1) A letter of transmittal;

(2) A vicinity sketch including north arrow, scale, and other information necessary to easily locate the property; and

(3) A plan at an appropriate scale (30:1, 40:1, or 50:1) indicating at least:

(i) Names and addresses of:

1. The owner of the property where the land disturbance is proposed.

2. The applicant (if different from the owner).

(ii) The existing and proposed topography.

(iii) The proposed grading and earth disturbance including:

1. Surface area involved; and

2. Limits of earth disturbance including designated stockpile areas and access roads.

(iv) The location of any existing buildings, utilities, storm drains, waterways flowing through or near the site, and water impoundments.

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

1. Provisions to preserve topsoil and limit disturbance;

2. Details of trenching practices;

3. All existing and proposed erosion and sediment control measures;

4. Design details for structural sediment control measures to be installed and avoidance with conflicts of utility construction with existing erosion and sediment control designed practices (traps and basins) on approved District or Department of Permitting Services approved erosion and sediment control plans; and

5. Details of temporary and permanent stabilization measures, including placement of the following statement on the plan:

Following initial soil disturbance or redisturbance, permanent or temporary stabilization shall be completed within: (a) three calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes, and all slopes greater than three horizontal to one vertical (3:1); and (b) seven calendar days as to all other disturbed or graded areas on the project site.

(vi) 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 land disturbance and construction. The sequence of construction shall, as a minimum, include a schedule for the following activities:

1. Clearing and grubbing for those areas necessary for installation of perimeter erosion and sediment controls, including access road areas;

2. Installing perimeter erosion and sediment controls;

3. Clearing and grubbing of remaining areas, if appropriate;

4. Trenching and installing utility;

5. Temporary stabilization as necessary;

6. Final grading and permanent stabilization; and

7. Removal of erosion and sediment controls with permission of the authorized inspection agency and/or the Commission.

(vii) A statement on the plan indicating that “The Permittee shall request that the Commission approve work completed in accordance with the approved Erosion and Sediment Control Plan and this Regulation as outlined below:

1. On all project sites with disturbed areas in excess of two acres (3,000 linear feet of utility corridor), approval by the Commission shall be required upon completion of installation of perimeter erosion and sediment controls before proceeding with any other land disturbance, grading or construction.

2. Approval shall be required upon final stabilization of all project sites with disturbed areas in excess of two acres (3,000 linear feet of utility corridor) before removal of controls.”

(viii) Certification statement on the approved plan that “Any Clearing, grubbing, Grading, drainage work, trenching, or other land disturbance, or all of these, shall be conducted in strict accordance with this Plan” and that “The responsible field personnel involved in the construction of the project will have a valid Certificate of Training at a Department of the Environment approved training program for the control of sediment and erosion.”

(ix) A statement on the approved plan that “The Permittee shall replace or maintain in good condition all erosion and sediment control measures affected by Utility Construction.”

(x) A statement on the approved plan that “The Permittee shall notify Commission Enforcement Officials and authorized Enforcement Officials from Prince George’s County and Montgomery County when working through existing sediment traps or basins.”

(c) Modifications to Erosion and Sediment Control Plans. The Commission may revise approved erosion and sediment control plans as it deems necessary. Modifications may be requested by the permittee, or required by the Commission when inspection of a utility construction site or other circumstances indicates that modification to the plan is needed (e.g., the plan is inadequate to control erosion and sediment). The Commission shall modify the plan in accordance with the following:

(1) The Commission shall establish standards for defining “major modifications” and “minor modifications” and that enable the Commission to distinguish one from the other. The standards shall be publicly available and shall be provided to applicants for permits.

(2) The permittee shall request a major modification from the Commission, which shall review and dispose of the request in a timely manner.

(3) The permittee shall request a minor modification from an enforcement official.

(4) The Commission shall develop a list of allowable major and minor plan modifications to be reviewed and approved by the District, Department of Permitting Services, and the Department. (REG-IFSM-EC-2014-002 § V)