Cecil County, MD Article IV Erosion and Sediment Control Plans

§ 312-6 Review and approval.

A. A person may not clear or grade land without first obtaining an erosion and sediment control plan approved by the Cecil Soil Conservation District.

B. The Cecil Soil Conservation District 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 Cecil Soil Conservation District may impose such conditions as 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.

C. The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the Standards and Specifications, the Cecil County Stormwater Management Ordinance,[1] and the Act.

[1] Editor's Note: See Ch. 325, Stormwater Management.

D. The review and approval process for any project which has received an environmental site design waiver from the stormwater management approval authority shall be in accordance with Cecil Soil Conservation District application and checklist requirements.

E. At a minimum, a concept plan must include the mapping of natural resources and sensitive areas including highly erodible soils and slopes greater than 15% as well as information required under Chapter 325, Stormwater Management Ordinance. These areas are to remain undisturbed or an explanation must be included either on the concept plan or in the narrative which describes enhanced protection strategies for these areas during construction.

F. A preliminary 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. A detailed sequence of construction and proposed project phasing to achieve the grading unit restriction should be submitted at this time.

G. An applicant shall submit a final erosion and sediment control plan to the Cecil Soil Conservation District for review and approval. The plan must include all of the information required by the concept and preliminary plans as well as any information in § 312-7 of this chapter and in § 325-14C of Chapter 325, Stormwater Management, not already submitted.

H. A final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the Cecil Soil Conservation District on the plan. The plan shall serve as the basis of all subsequent grading and stabilization.

I. Approved final erosion and sediment control plans remain valid for two years from the date of approval, except surface mines and landfill plans, which remain valid for five years from the date of approval. Erosion and sediment control plan approvals may be extended or renewed by the Cecil Soil Conservation District.

J. Grandfathering of approved plans.

(1) 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.

(2) A plan that receives final approval by January 9, 2013, may be reapproved under its existing conditions if a grading permit has been issued by the Department of Public Works and grading activities have begun on the site by January 9, 2015, with the exception of stabilization requirements.

(3) 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.

§ 312-7 Contents.

A. An applicant is responsible for submitting an erosion and sediment control plan which meets the requirements of the Cecil Soil Conservation District, this chapter, Cecil County Stormwater Management Ordinance, the Standards and Specifications, and the Act. 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.

B. At a minimum, applicants shall submit the following information:

(1) A letter of transmittal and/or application;

(2) 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) Drainage area map(s) at a minimum scale of one inch equals 100 feet 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% 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 local soil conservation district or the USDA Natural Resources Conservation Service;

(7) Proposed stormwater management practices;

(8) Erosion and sediment control plans, including:

(a) The existing topography and improvements as well as proposed topography and improvements at a scale between one inch equals 10 feet and one inch equals 50 feet with two-foot contours or other contour interval as determined by the Cecil Soil Conservation District. For projects 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:

[1] Limit of grading (grading units, if applicable); and

[2] Initial, interim, and final phases;

(d) The proposed grading and earth disturbance, including:

[1] Total disturbed area;

[2] Volume of cut and fill quantities; and

[3] Volume of borrow and spoil quantities;

(e) Storm drainage features, including:

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

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

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

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

[1] The salvage and reuse of topsoil;

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

[3] Location and type of all proposed sediment control practices;

[4] Design details and data for all erosion and sediment control practices; and

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

[a] The "Standard Stabilization Note" on the plan stating:

	Following initial soil disturbance or redisturbance, 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.

[b] Details for areas requiring accelerated stabilization; and

[c] Maintenance requirements as defined in the Standards and Specifications;

(g) 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 Cecil Soil Conservation District prior to proceeding with construction or implementation. Modifications to the sequence of construction cannot be approved as a field revision. The sequence of construction, at a minimum, must include the following:

[1] Request for a preconstruction meeting with the appropriate enforcement authority;

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

[3] Construction and stabilization of perimeter controls;

[4] Remaining clearing and grubbing within installed perimeter controls;

[5] Road grading;

[6] Grading for the remainder of the site;

[7] Utility installation and connections to existing structures;

[8] Construction of buildings, roads, and other construction;

[9] Final grading, landscaping, and stabilization;

[10] Installation of stormwater management measures;

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

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

(h) A statement requiring the owner/developer or representative to contact the inspection agency, or its agent at the following stages of the project or in accordance with the approved erosion and sediment control plan and grading permit:

[1] Prior to the start of earth disturbance;

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

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

[4] Prior to the removal of sediment control practices;

(i) 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. Additionally, the owner/developer shall allow right of entry for periodic on-site evaluation by the Cecil Soil Conservation District, DPW, the delegated inspection agency, and/or MDE; and

(j) Certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for forest harvest operations only) registered in the State of Maryland that the plans have been designed in accordance with erosion and sediment control laws, regulations, and standards.

(9) Any additional information or data deemed appropriate by the Cecil Soil Conservation District.

§ 312-8 Modifications.

A. The Cecil Soil Conservation District may revise approved plans as necessary. Modifications may be requested by the owner/developer, the inspection agency, or DPW in accordance with COMAR 26.17.01.09(H) Plan modifications.

B. Modifications must be made in accordance with the erosion and sediment control criteria contained in the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control and in accordance with the criteria for major and minor modifications.

C. Major modifications must be approved by the Cecil Soil Conservation District prior to implementation. Major modifications include revisions to sediment control practices involving concentrated flow or impoundments, such as a sediment basin or trap. Major modifications also include any changes to the sequence of construction or to the phasing of grading units.

D. The Cecil Soil Conservation District may, in conjunction with the appropriate enforcement authority, develop a list of minor modifications. The administration shall review and approve all minor modifications lists.

E. The inspection agency may allow the implementation of minor modifications as field revisions.

F. The inspection agency shall, in writing, approve field revisions prior to their implementation.

G. The following field revisions may be approved by the inspection agency in the field:

(1) Sediment control structures (except basins or traps) may be moved to meet the existing contours and field conditions, when moving these structures would have no impact on their function or the design criteria.

(2) Substitution of perimeter control measures may be made, provided the measure substituted is equivalent (i.e., silt fence for straw bales) or is an upgrade of the original measure (i.e., silt fence to super silt fence).

(3) Addition and extension of perimeter controls (including stone construction entrances) may be made to meet field conditions.

H. Any modifications to the erosion and sediment control plan which are not listed above require the plan to be submitted to the Cecil Soil Conservation District for review and approval.

I. Under no circumstance whatsoever shall verbal permission, given at any time by any person, be considered as a justification for any work to be accomplished or any deviation from approved plans be made which violates any of these regulations

§ 312-9 Standard erosion and sediment control plans.

A. The Cecil 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.

B. A standard erosion and sediment control plan must meet the requirements of this chapter and the Standards and Specifications.

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

D. The Cecil Soil Conservation District may delegate review and approval of standard erosion and sediment control plans for residential activities with minor earth disturbances to a municipality or County department if the municipality or County department receives delegation from the Maryland Department of the Environment for inspection and enforcement of standard erosion and sediment control plans.