Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.04 - Construction on Nontidal Waters and Floodplains › Section 26.17.04.08 - Temporary Construction in a Stream Channel or Floodplain

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to the general requirements as
				  described in Regulation .04 of this chapter, the requirements in §§B-E of this
				  regulation apply to applications for temporary changes in stream channels or
				  floodplains unless specifically waived by the Administration.
B. Temporary Sediment-Trapping Devices. The
				  following special requirements shall apply to applications for temporary
				  sediment-trapping devices within the waters of the State during construction
				  operations:
(1) Temporary sediment-trapping
				  devices shall conform to the technical requirements in the "1983 Maryland
				  Standards and Specifications for Soil Erosion and Sediment Control" which is
				  incorporated by reference under COMAR
				  26.17.01.11 a;
(2) Earth embankments greater than 3 feet
				  high may not be permitted;
(3)
				  Temporary sediment control trapping devices may be constructed within the
				  100-year frequency floodplain if all of the following conditions are met:
(a) Fill material may not be placed any
				  closer to the stream than 50 percent of the distance between the 100-year
				  frequency floodplain limit and the top of the stream bank closest to the
				  trapping device;
(b) Fill material
				  may not be placed within 25 feet of the top of the stream bank;
(c) Upon completion of the control device,
				  all exposed soil areas shall be stabilized within 7 days following initial
				  disturbance;
(d) Care shall be
				  taken during construction, maintenance, and removal of temporary sediment
				  control devices to prevent unnecessary removal or damage to trees and other
				  natural features;
(e) Sediment
				  removed during maintenance of the trapping device shall be placed outside the
				  limits of the 100-year floodplain and stabilized within 14 days;
(f) Upon stabilization of all areas that
				  drain to the control device, the device shall be removed and all remaining
				  disturbed areas returned to their original contour and permanently stabilized
				  within 14 days;
(4) The
				  applicant shall submit the following information to the Administration:
(a) A vicinity sketch indicating north arrow
				  and scale and in such detail as to easily locate the proposed
				  project;
(b) A plan or plans at an
				  appropriate scale indicating at least:
(i) The
				  existing topography and the proposed grading and earth disturbance to take
				  place including indications of the volume of material and surface area
				  involved, and any spoil or borrow involved,
(ii) Storm drainage provisions, including
				  data on the velocities of flow at outfalls and site conditions at points of
				  discharge,
(iii) Erosion and
				  sediment control provisions including design details and schedule of
				  application,
(iv) Time schedule of
				  construction indicating the anticipated start and completion of the project,
				  and staging of the grading, storm drainage, utilities, and erosion and sediment
				  control;
(c) A general
				  description of the predominant soil types on the site, as described by the
				  appropriate soil survey information available through the soil conservation
				  district from the U.S. Soil Conservation Service.