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(a) The Department must review each erosion and sediment control plan to determine compliance with this Chapter and the Standards and Specifications before the plan can be approved. In approving a plan, the Department may impose conditions necessary to ensure compliance with this Chapter and state law and to protect public health and safety.
(b) The review and approval process must be part of the comprehensive and integrated plan approval process described in state law.
(c) A concept plan must at least include the mapping of natural resources and sensitive areas, including highly erodible soils and slopes greater than 15%. If these areas would not remain undisturbed, either the concept or site development plan must describe any enhanced protection strategy for these areas during construction.
(d) A site development plan application must include all concept plan information and indicate how any proposed erosion and sediment control practice will be integrated with any proposed stormwater management practice. The stormwater management practice must be shown through a narrative and an overlay plan showing both environmental site design and any erosion and sediment control practice. An applicant should submit an initial sequence of construction and proposed project phasing to achieve the grading unit restriction. If the Director approves, the concept plan and site development plan may be combined.
(e) An applicant must submit a final erosion and sediment control plan to the Department for review and approval. The plan must include all information required by the concept plan and site development plan and any relevant information not already submitted.
(f) A final erosion and sediment control plan is not approved until the Department signs and dates the plan. (2013 L.M.C., ch. 9, § 1.)
(a) Any major modification of an approved plan must be submitted to the Department and processed in the same manner as the original plan, where:
(1) field inspection or evaluation of the plan has revealed the inadequacy of the plan to accomplish erosion and sediment control objectives; or
(2) the person responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out.
(b) The Department may, in emergency situations and at its discretion, require the installation of interim erosion and sediment control measures to protect stream channels, other properties, or the general public from damage, that will remain in effect until modifications or revisions to the plan are approved and implemented.
(c) The Department may allow a minor field modification if the modification is consistent with this Chapter, regulations, and state law. The Department must establish a list of allowable field modifications, subject to approval by the Administration.
(d) If a violation of the limits of disturbance shown on the approved plan involves removal or damage to trees, the permittee must obtain and implement an approved reforestation plan from the Planning Board. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1992 L.M.C., ch. 6, § 1; 2013 L.M.C., ch. 9, § 1.)
(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.)
(a) The Department may adopt a standard erosion and sediment control plan for any activity with minor earth disturbance, such as a single-family residence, small commercial or other similar building site, minor maintenance grading, and minor utility construction.
(b) A standard erosion and sediment control plan must meet the requirements of this Chapter and state law.
(c) The state Department of the Environment must approve a standard plan before the Department adopts it. (2013 L.M.C., ch. 9, § 1.)
The County Executive, by Method 3 regulation, may establish, increase, or decrease permit and inspection fees and set nonrefundable fee schedules for filing, additional submissions, and permit renewals in an amount that does not exceed the reasonable cost of administering and enforcing this Chapter. (1976 L.M.C., ch. 14, § 1; 1984 L.M.C., ch. 24, § 20; 1986 L.M.C., ch. 45, § 1; 2013 L.M.C., ch. 9, § 1.)
(a) The Director must attach any condition to each permit that is necessary to:
(1) prevent sedimentation to public or private property or a sewer, storm drain, or water course;
(2) prevent a land-disturbing activity from being hazardous to life or property;
(3) prevent an adverse environmental impact; and
(4) assure compliance with the plan.
(b) Each condition must be listed on or attached to the plan. These conditions may include requirements for a wall, drain, dam, structure, planting, erosion and sediment control devise, or necessary drainage easement.
(c) The Director must require each permittee to designate responsible personnel to take charge of on-site clearing, grading or sediment control associated with an approved land- disturbing activity. Any individual so designated must have completed a training program approved by the Administration.
(d) Responsible personnel must:
(1) inspect the site each week to assure compliance with the plan; and
(2) maintain a log which details the results of any inspection, assessment of conditions and maintenance of any sediment control device.
(e) The Director may require a permittee to provide an independent design professional to monitor and report to the Department on installation and maintenance of an erosion and sediment control device if a violation of the plan caused serious environmental impact to a watercourse or when a land-disturbing activity is taking place in an environmentally sensitive area.
(f) The Director must require a permittee to implement any reasonable precaution to prevent particulate matter from becoming airborne when any land-disturbing activity is planned in a potential asbestiform area. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1990 L.M.C., ch. 16, § 1; 1992 L.M.C., ch. 6, § 1; 2013 L.M.C., ch. 9, § 1.)
Editor’s note—Section 19-7 is quoted in Wietzke v. The Chesapeake Conference Association, 421 Md. 355, 26 A.3d 931 (2011).
Any permit and plan is valid for 2 years after it is issued. The Director may extend any permit or plan for 1 year if a permittee so requests. The Director may impose an additional standard or requirement as part of any extension. The Director may require a plan modification as part of any extension. (1976 L.M.C., ch. 14, § 1; 1984 L.M.C., ch. 24, § 20; 1986 L.M.C., ch. 45, § 1; 2013 L.M.C., ch. 9, § 1.)
(a) Any plan that is finally approved after January 9, 2013, must comply with this Chapter and state law.
(b) A plan that is finally approved on or before January 9, 2013, may be reapproved with existing conditions if any grading activity begins on the site by January 9, 2015, except any stabilization requirement.
(c) Any stabilization practice must comply with this Chapter and state law by January 9, 2013, regardless of when an approved erosion and sediment control plan was approved. (2013 L.M.C., ch. 9, § 1.)
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