Wicomico County, MD Article IV Erosion and Sediment Control Plans

§ 140-7 Review and approval of erosion control plans.

A. A person may not grade land without an erosion and sediment control plan approved by the Wicomico County Soil Conservation District.

B. The Wicomico County 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 Wicomico County Soil Conservation District 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.

C. The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the Standards and Specifications, Chapter 196 of the County Code, entitled "Stormwater Management," and the Act.

D. 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 in Chapter 196, entitled "Stormwater Management." 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.

E. 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.

F. An applicant shall submit a final erosion and sediment control plan to the Wicomico County 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 § 140-8 not already submitted.

G. A final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the Wicomico County Soil Conservation District on the plan.

H. Approved plans remain valid for two years from the date of approval unless extended or renewed by the Wicomico County Soil Conservation District.

I. Grandfathering of approved plans:

(1) Any plans that receive final approval after January 9, 2013, must be in compliance with the requirement 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 plan was approved.

§ 140-8 Contents of erosion and sediment control plans.

A. An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the Wicomico County Soil Conservation District, Chapter 140, 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.

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, or other location deemed appropriate by the Department of Public Works.

(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 Soil 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 one-foot contours or other approved contour interval. 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 3:1; 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 Wicomico County Soil Conservation District and the Department of Public Works prior to proceeding with construction. The sequence of construction, at a minimum, must include the following:

[1] Request for a preconstruction meeting with the Administration and the Department of Public Works;

[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 Administration 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 Administration or its agent at the following stages of the project or in accordance with the approved erosion and sediment control plan:

[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 Administration-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 Wicomico County Soil Conservation District on any project involving four or fewer residential lots. Additionally, the owner/developer shall allow right of entry for periodic on-site evaluation by the Wicomico County Soil Conservation District, Department of Public Works, and/or the Administration; and

(j) Certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for forest harvest operation 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 Wicomico County Soil Conservation District or the Administration.

(9) Any additional information or data appropriate by Wicomico County Soil Conservation District.

§ 140-9 Modifications to erosion and sediment control plans.

A. The Wicomico County Soil Conservation District may revise approved plans as necessary. Modifications may be requested by the owner/developer, the Wicomico County Soil Conservation District, or the Administration in accordance with COMAR 26.17.01.09(H), Plan Modifications.

B. The Wicomico County Soil Conservation District may develop a list of minor modifications that may be approved as field revisions by the inspection agency. The Administration must approve any list of minor modifications prior to its implementation.

§ 140-10 Standard erosion and sediment control plan.

A. The Wicomico County 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. The Administration shall review and approve a standard plan prior to its adoption.