(a) An applicant is responsible for submitting an erosion and sediment control plan that meets the requirements of the Department, this Chapter, and state law. The plan must include sufficient information to evaluate the environmental characteristics of the affected area, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of any measure proposed to minimize soil erosion and off-site sedimentation.
(b) An applicant must at least submit:
(1) a letter of transmittal and/or application;
(2) the 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, site location, and other information necessary to easily locate the property;
(4) a drainage area map at 1" = 200' minimum scale, showing existing, interim, and proposed topography, any proposed improvement, standard symbols for proposed sediment control features, and pertinent drainage information, including provisions to protect downstream areas from erosion for at least the closer of 200 feet downstream or the next conveyance system;
(5) the location of any natural resource, wetland, floodplain, highly erodible soil, slopes 15% and steeper, and any other sensitive area;
(6) a general description of the predominant soil types on the site, as described in appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service;
(7) any proposed stormwater management practice;
(8) an erosion and sediment control plan, including:
(A) the existing topography and improvements, and any proposed topography and improvements, at a scale between 1" = 10' and 1' = 50' with 2 foot contours or another approved contour interval. For any project with more than minor grading, interim contours may also be required;
(B) scale, project and sheet title, and north arrow on each plan sheet;
(C) the limit of disturbance (LOD), including:
(i) limit of grading (grading units, if applicable);
(ii) initial, interim, and final phases; and
(iii) staging and stockpile areas, including those on existing impervious areas;
(D) the proposed grading and earth disturbance, including:
(i) total disturbed area;
(ii) volume of cut and fill quantities; and
(iii) volume of borrow and spoil quantities;
(E) any storm drainage feature, including:
(i) any existing or proposed bridge, storm drain, culvert, or outfall;
(ii) velocities and peak flow rates at outfalls for 2-year and 10-year frequency storm events; and
(iii) site conditions around points of all surface water discharge from the site;
(F) any erosion and sediment control practice to minimize on-site erosion and prevent off-site sedimentation, including:
(i) salvage and reuse of topsoil;
(ii) phased construction and implementation of a grading unit to minimize disturbance, both in extent and duration;
(iii) the location and type of any proposed sediment control practice;
(iv) design details and data for any erosion and sediment control practice; and
(v) any specification for any temporary and permanent stabilization measure, including:
1. the “Standard Stabilization Note” on the plan stating:
“Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within:
a. 3 calendar days as to the surface of any perimeter dike, swale, ditch, perimeter slope, and any slope steeper than 3 horizontal to 1 vertical (3:1); and
b. 7 calendar days as to any other disturbed or graded area on the project site not under active grading.”;
2. any detail for an area requiring accelerated stabilization; and
3. any maintenance requirement under state law;
(G) a sequence of construction describing the relationship between the implementation and maintenance of any control, including permanent and temporary stabilization, and the stages or phases of each disturbance and construction. The Department must approve any revision to the sequence of construction before construction begins. The sequence of construction must include:
(i) a request for a pre-construction meeting with the appropriate enforcement authority;
(ii) clearing and grubbing as necessary to install perimeter controls;
(iii) construction and stabilization of perimeter control;
(iv) remaining clearing and grubbing within installed perimeter controls;
(v) road grading;
(vi) grading for the rest of the site;
(vii) utility installation and connections to each existing structure;
(viii) construction of any building, road, and other construction;
(ix) final grading, landscaping, and stabilization;
(x) installation of any stormwater management measure;
(xi) approval of the appropriate enforcement authority before removing any sediment control; and
(xii) removal of any control and stabilization of any area that is disturbed by the removal of a sediment control;
(H) a statement requiring the permittee to contact the Department at the following stages of the project or as required in the approved erosion and sediment control plan, grading permit, or building permit;
(i) before beginning any earth disturbance;
(ii) after completing the installation of any perimeter erosion and sediment control, but before any other earth disturbance or grading;
(iii) before beginning another phase of construction or opening of another grading unit; and
(iv) before removing any sediment control practice;
(I) certification by the permittee that any clearing, grading, construction, or development will be done as required by the approved erosion and sediment control plan. The certification must also require that the responsible personnel involved in the construction project have earned a Certificate of Training at a training program approved by the state Department of the Environment for the control of erosion and sediment before beginning the project; and
(J) certification by a professional engineer, land surveyor, landscape architect, architect, certified professional in erosion and sediment control, or forester (for forest harvest operations only) registered in the State, that the plan complies with erosion and sediment control laws, regulations, and standards, if required by the Department or the Administration; and
(9) any additional information or data that the Department specifies. (2013 L.M.C., ch. 9, § 1.)