The District may grant a written variance from the requirements
of the Standards and Specifications if strict adherence to the specifications
will result in unnecessary hardship and not fulfill the intent of
this chapter. The developer shall submit a written request for a variance
to the District. The request shall state the specific variances sought
and reasons for requesting the variance. The District shall not grant
a variance unless and until sufficient specific reasons justifying
the variance are provided by the developer.
A.
A person may not clear or grade land without first obtaining an erosion
and sediment control plan approved by the District.
B.
In approving the plan, the District may impose such conditions thereto
as may be deemed necessary to ensure compliance with the provisions
of this chapter, the State Sediment Control Regulations, COMAR 26.17.01
through 26.17.11, the Standards and Specifications, the Charles Soil
Conservation District plan submittal guidelines, and the preservation
of public health and safety.
C.
The erosion and sediment control plan shall not be considered approved
without the inclusion of the signature and date of signature of the
District on the plan.
D.
District approval will remain valid for two years from the approval
date unless the approval is withdrawn earlier. Expiration dates will
normally be either April 30 or October 31 as determined by the District.
Extensions of time may be granted by the District upon written request,
provided there is sufficient justification provided.
E.
Final plan.
(1)
Final erosion and sediment control plans must include the limit of
disturbance (LOD), the location of each sediment control practice,
contours for sediment traps and sediment basins, associated construction
notes, details, and representative cross-sections. When phasing is
necessary, the sediment control plan must include initial, interim,
and final phase sediment control practices, as appropriate. A sequence
of construction must be provided with enough detail to guide the construction,
maintenance, and removal of the erosion and sediment controls.
(2)
Plans must include phasing and/or sequencing describing how a project
will comply with the twenty-acre grading unit restriction. All projects
are expected to comply with the grading unit criteria as required
by COMAR 26.17.01 and the Standards and Specifications.
(3)
An applicant shall submit a final erosion and sediment control plan to the Charles Soil Conservation District 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 § 244-7 not already submitted.
(4)
A final erosion and sediment control plan shall not be considered
approved without the inclusion of the signature and date of signature
of the Charles Soil Conservation District on the plan.
F.
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 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.
A.
The applicant is responsible for submitting an erosion and sediment
control plan which meets the requirements of this chapter, the District,
the State Sediment Control Regulations, COMAR 26.17.01, and the Standards
and Specifications. 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. The applicant shall certify
on the drawings that all clearing, grading, drainage, construction,
and development shall be conducted in strict accordance with the plan.
The procedures for submission shall be those found in the District
plan submittal guidelines.
B.
Applicants shall submit the following minimum information:
(1)
A letter of transmittal.
(2)
A vicinity sketch indicating North arrow, scale and other information
necessary to easily locate the property (include ADC map reference).
(3)
A plan at an acceptable scale indicating at least:
(a)
Name, address, and telephone number of the owner of the property
where the grading is proposed, the developer, and the applicant.
(b)
The existing and proposed topography at two-foot contour intervals.
Topographic information must be accurate and shall extend a minimum
of 100 feet beyond the limits of disturbance. 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 approved contour interval. For projects
with more than minor grading, interim contours may also be required
at the discretion of the Soil Conservation District.
(c)
Drainage area map(s) at a minimum scale of one inch equals 200
feet showing existing, interim, and proposed topography, proposed
improvements, standard symbols for proposed sediment control features,
maximum drainage areas to each sediment control practice 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.
(d)
The location of natural resources, wetlands, floodplains, highly
erodible soils, slopes 15% and steeper, and any other sensitive areas.
(e)
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.
(f)
Proposed stormwater management practices.
(g)
The proposed grading and earth disturbance, including:
[1]
Total disturbed area.
[2]
Volume of cut and fill quantities.
[3]
Surface area involved.
[4]
Distinct limits of grading, including limitation of mass clearing
and grading whenever possible.
[5]
Volume of spoil material.
[6]
Volume of borrow material.
[7]
Retaining walls with construction details.
(i)
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]
Stabilization measures.
[a]
Details and specifications for temporary and permanent
stabilization measures, including, at a minimum:
[i]
The "standard stabilization note" on the plan stating:
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"Following initial soil disturbance or redisturbance, permanent
or temporary stabilization shall be completed within:
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(i)
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Three calendar days as to the surface of all perimeter dikes,
swales, ditches, perimeter slopes, and all slopes steeper than three
horizontal to one vertical; and
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(ii)
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Seven calendar days as to all other disturbed or graded areas
on the project site not under active grading."
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[ii]
Details for areas requiring accelerated stabilization;
and
[iii]
Maintenance requirements as defined in the Standards
and Specifications.
[b]
The requirements of Subsection B(3)(i)[5][a][i] do not apply to those
areas which are shown on the plan and currently being used for material
storage or for those areas on which actual construction activities
are currently being performed or to interior areas of a surface mine
site where the stabilization material would contaminate the recoverable
resource. Maintenance shall be performed as necessary to ensure that
the stabilized areas continuously meet the appropriate requirements
of the Standards and Specifications.
(j)
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 Charles Soil Conservation
District prior to proceeding with construction. 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;
[12]
Removal of controls and stabilization of areas that are disturbed
by removal of sediment controls; and
[13]
Time frame for each sequence activity.
(k)
A statement requiring the owner/developer or representative
to contact the inspection agency as defined 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:
(l)
Certification by the owner or developer that any clearing, grading,
construction, or development, or all of these, will be done pursuant
to this plan and that responsible personnel involved in the construction
project will have a certification of training at a Department of the
Environment approved training program for the control of sediment
and erosion beginning the project. The certification of training for
responsible personnel requirement may be waived by the District on
any project involving four or fewer residential units.
(m)
A statement placed on the sediment and erosion control plan
indicating that the permittee shall notify the Department and/or inspection
agency five days before commencing any land disturbance activity.
(n)
A legend.
(o)
A drainage area map for sediment and erosion control practices.
(p)
Any additional information or data deemed appropriate by the
District.
The District may revise approved plans as necessary. Revisions
may be requested by a permittee, the Department and/or inspection
agency, and/or the District. Revisions are processed in the same manner
as the original plan submittal.
