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(A) Review and approval of erosion and sediment control plans.
(1) A person may not grade land without an erosion and sediment control plan approved by GSCD.
(2) The GSCD shall review erosion and sediment control plans to determine compliance with this chapter and the Standards and Specifications prior to approval. In approving the plan, the GSCD may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this chapter, COMAR 26.17.01, the Standards and Specifications, and the preservation of public health and safety.
(3) The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the Standards and Specifications, Garrett County’s Stormwater Ordinance (Chapter 155), and the Act.
(4) At a minimum, a concept plan must include the mapping of natural resources and sensitive areas including highly erodible soils and steep slopes as well as information required under Garrett County’s Stormwater Ordinance (Chapter 155). These areas are to remain undisturbed or an explanation must be included with either the concept or site development plan describing enhanced protection strategies for these areas during construction.
(5) A site development plan submittal must include all concept plan information and indicate how proposed erosion and sediment control practices will be integrated with proposed stormwater management practices. The latter is to be done through a narrative and 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.
(6) An applicant shall submit a final erosion and sediment control plan to the GSCD for review and approval. The plan must include all of the information required by the concept and site development plans as well as any information in division (B) of this section not already submitted.
(7) A final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the GSCD on the plan.
(8) Approved plans remain valid for 2 years from the date of approval unless extended or renewed by the GSCD.
(9) Grandfathering of approved plans.
(a) Any plans that receive final approval after January 9, 2013 must be in compliance with the requirements of this chapter and the Standards and Specifications.
(b) 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, 2015, with the exception of stabilization requirements.
(c) Stabilization practices on all sites must be in compliance with the requirements of this chapter and the Standards and Specifications by January 9, 2013, regardless of when an approved erosion and sediment control plan was approved.
(B) Contents of erosion and sediment control plans.
(1) An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the GSCD, this chapter, Garrett County’s Stormwater Ordinance (Chapter 155), the Standards and Specifications, and the Act. The plans 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.
(2) At a minimum, applicants shall submit the following information:
(a) A letter of transmittal and application (provided by the Permits and Inspections Office):
(b) Name, address, and telephone number of:
1. The owner of the property where the grading is proposed;
2. The developer; and
3. The applicant;
(c) A vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property;
(d) Drainage area map(s) at a 1" = 200' 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;
(e) The location of natural resources, wetlands, floodplains, highly erodible soils, slopes 25% and steeper, and other sensitive areas as defined in the County’s Sensitive Areas Ordinance (Chapter 156);
(f) A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service;
(g) Proposed stormwater management practices;
(h) Erosion and sediment control plans including:
1. The existing topography and improvements as well as proposed topography and improvements at a scale between 1" = 10' and 1" = 50' with 2 foot contours or other approved contour interval. For projects with more than minor grading, interim contours may also be required;
2. Scale, project and sheet title, and north arrow on each pan sheet;
3. The limit of disturbance (LOD) including:
A. Limit of grading (grading units, if applicable); and
B. Initial, interim, and final phases;
4. Scale, project and sheet title, and north arrow on each plan sheet:
A. Total disturbed area;
B. Volume of cut and fill quantities; and
C. Volume of borrow and spoil quantities;
5. Storm drainage features, including:
A. Existing and proposed bridges, storm drains, culverts, outfalls, and the like;
B. Velocities and peak flow rates at outfalls for the 2-year and 10-year frequency storm events; and
C. Site conditions around points of all surface water discharge from the site;
6. 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 re-disturbance, permanent or temporary stabilization must be completed within:
a. 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
b. 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 Specification;
7. 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 must be approved by the GSCD prior to proceeding with construction. The sequence of construction, at a minimum, must include the following:
(i) Request for a pre-construction meeting with the appropriate enforcement authority;
(ii) Clearing and grubbing as necessary for the installation of perimeter controls;
(iii) Construction and stabilization of perimeter controls;
(iv) Remaining clearing and grubbing within installed perimeter controls;
(v) Road grading;
(vi) Grading for the remainder of the site;
(vii) Utility installation and connections to existing structures;
(viii) Construction of buildings, roads, and other construction;
(ix) Final grading, landscaping, and stabilization;
(x) Installation of stormwater management measures;
(xi) Approval of the appropriate enforcement authority prior to removal of sediment controls; and
(xii) Removal of controls and stabilization of areas that are disturbed by removal of sediment controls.
8. A statement requiring the owner/developer or representative to contact the Administration 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:
(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;
(iii) Prior to the start of another phase of construction or opening of another grading unit; and
(iv) Prior to the removal of sediment control practices;
9. 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 must 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 GSCD on any project involving 4 or fewer residential lots. Additionally, the owner/developer shall allow right of entry for periodic on-site evaluation by the GSCD, Permits and Inspections Office, and /or MDE; and
10. 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 GSCD or the Administration.
(i) Any additional information or data deemed appropriate by the GSCD.
(C) Modifications to erosion and sediment control plans.
(1) The GSCD may revise approved plans as necessary. Modifications may be requested by the owner/developer, the inspection agency, or the Permits and Inspections Office in accordance with COMAR 26.17.01.09(H) Plan Modifications.
(2) The GSCD may develop a list of minor modifications that may be approved as filed revisions by the inspection agency. The Administration must approve any list of minor modifications prior to its implementation.
(D) Standard erosion and sediment control plan.
(1) The GSCD 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 must meet the requirements of this chapter and the Standards and Specifications.
(3) MDE shall review and approve a standard plan prior to its adoption.
(1986 Code, § 257-4) Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)
(A) Permit requirements. Before a grading permit for any site is issued by the Permits and Inspections Office, the GSCD must review and approve an erosion and sediment control plan for the site.
(B) Permit expiration and renewal. The grading permit shall expire 2 years from the date of issuance unless extended or renewed by the Permits and Inspections Office. Application for permit renewal shall be made at least 2 months prior to the permit expiration date.
(C) Permit fee. A permit fee schedule may be established by resolution of the Board of County Commissioners for the administration and management of the erosion and sediment control program. Capital improvement projects, refuse disposal areas, sanitary landfills, and public works projects may be exempt from this permit fee.
(D) Permit suspension and revocation. The Permits and Inspections Office may suspend or revoke any grading permits after providing written notification to the permittee based on any of the following reasons:
(1) Any violation(s) of the terms or conditions of the approved erosion and sediment control plan or permits;
(2) Noncompliance with violation notice(s) or stop work order(s);
(3) Changes in site characteristics upon which plan approval and permit issuance were based; or
(4) Any violation(s) of this chapter or any rules and regulations adopted under it.
(E) Permit conditions. In issuing a grading permit, the Permits and Inspections Office may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this chapter or the preservation of the public health and safety.
(1986 Code, §§ 257-3, 257-7, 257-10; Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)
When deemed necessary by the Permits and Inspections Office, the owner/developer shall furnish a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Permits and Inspections Office. The bond amount should be equal to at least the cost of the installation, maintenance, and removal of the erosion and sediment controls shown on the approved plan.
(Ord. —, passed 2-5-2013)
The Administration is responsible for the inspection and enforcement of all land disturbing activities, including those sites requiring an erosion and sediment control plan as specified by this chapter. This enforcement authority may be delegated to Garrett County through a request by the county or required as a condition of a National Pollutant Discharge Elimination System (NDPES) municipal separate storm sewer system permit. This section applies to the Administration, or, Garrett County, if delegated enforcement authority.
(A) Inspection frequency and reports.
(1) The owner/developer shall maintain a copy of the approved erosion and sediment control plan on site.
(2) Every active site having a designed erosion and sediment control plan should be inspected for compliance with the plan on average once every 2 weeks.
(3) A written report shall be prepared by the inspection agency after every inspection. The report shall describe:
(a) The date and location of the site inspection;
(b) Whether the approved plan has been properly implemented and maintained;
(c) Practice deficiencies or erosion and sediment control plan deficiencies;
(d) If a violation exist, the type of enforcement action taken; and
(e) If applicable, a description of any modifications to the plan.
(4) The inspection agency shall notify the on-site personnel or the owner/developer in writing when violations are observed, describing:
(a) The nature of the violation;
(b) The required corrective action; and
(c) The time period in which to have the violation corrected.
(B) Right of entry. It shall be a condition of every grading permit that the inspection agency has the right to enter property periodically to inspect for compliance with the approved plan and this chapter.
(C) Complaints. The Administration shall accept and investigate complaints regarding erosion and sediment control concerns from any interested parties and:
(1) Conduct an initial investigation within 3 working days from receipt of the complaint;
(2) Notify the complainant of the initial investigation and findings within 7 days from receipt of the complaint; and
(3) Take appropriate action when violations are discovered during the course of the complaint investigation.
(1986 Code, §§ 257-6, 257-9) (Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)
(A) The Administration shall, through the authority of this chapter and COMAR 26.17.01 use enforcement action when erosion and sediment control violations occur.
(B) Enforcement actions may include, but are not limited to:
(1) Issuance of a corrective action order;
(2) Issuance of a stop work order, the extent of which is determined by the inspection agency;
(3) Issuance of a penalty or fine as allowed; and
(4) Referral for legal action.
(C) The Permits and Inspections Office may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provision of the grading permits or approved erosion and sediment control plan.
(D) The Administration shall stop work on a site where land disturbance is occurring without an approved erosion and sediment control plan. Measures shall be required to be implemented to prevent off-site sedimentation.
(1986 Code, § 257-6) (Ord. —, passed 1-25-1972; Am. Ord. 12-4-1972; Am. Ord. —, passed 2-5-2013)
(A) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both for each violation with costs imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.
(B) Any agency whose approval is required under this chapter or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this chapter.
(C) In addition to any other sanction under this chapter, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan shall be liable to Garrett County or the state in a civil action, for damages in an amount equal to double the cost of installing or maintaining the controls.
(D) Any governing authority that recovers damages in accordance with this section shall deposit them in a special fund, to be used solely for:
(1) Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and
(2) Administration of the sediment control program.
(1986 Code, § 257-8) (Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)