No person shall disturb land without implementing soil erosion and sediment controls in accordance with the requirements of the 2013 Erosion and Sediment Control Ordinance and the 2011 Maryland Standards and Specifications. Before a grading permit is issued for any site, the Garret Soil Conservation District (GSCD) must review and approve an erosion and sediment control plan for the site.
The purpose of erosion and sediment control is to protect, maintain and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with land disturbances. The goal is to minimize soil erosion and prevent off-site sedimentation by using soil erosion and sediment control practices designed in accordance with the Code of Maryland Regulations (COMAR 26.17.01, the 2011 Maryland Standards and Specifications and the Stormwater Management Act of 2007). Implementing erosion and sediment controls will help reduce the negative impacts of land development on water resources, maintain the chemical, physical, and biological integrity of streams, and minimize damage to public and private property.
In approving the plan, the Garrett Soil Conservation District may impose such conditions that may be deemed necessary to ensure compliance with the provisions of the 2013 Erosion and Sediment Control Ordinance, COMAR 26.17.01, the 2011 Maryland Standards and Specifications, and the preservation of public health and safety.
Erosion and Sediment Control Plans
An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the Garrett Soil Conservation District, the 2013 Erosion and Sediment Control Ordinance, the 2010 Garrett County’s Stormwater Ordinance, the 2011 Maryland Standards and Specifications, and the Stormwater Management Act of 2007. 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.
The Garrett Soil Conservation District shall review erosion and sediment control plans prior to approval. One of the main responsibilities of the Garrett Soil Conservation District is the review and approval of erosion and sediment control plans as required by the State Sediment Control Law, Enforcement Article, Title 4. This law requires that prior to initiating any activity that disturbs more than 5,000 square feet or involving more than 100 cubic yards of earth, that an erosion and sediment control plan be submitted to and approved by the local soil conservation district.
The Garrett Soil Conservation District may revise approved plans as necessary. Modifications may be requested by the owner/developer, the inspection agency, or the Stormwater Management Office in accordance with COMAR 26.17.01.09(H), Plan Modifications.
Erosion and Sediment Control Plan Review
Planning for erosion and sediment control needs to start early and be integrated with the County stormwater management review and approval. The comprehensive review and approval process for residential development is initiated by the owner/developer making application for a grading permit. For any proposed commercial development, the review and approval process is initiated by the first submission of erosion and sediment control plans to the Stormwater Management Office at the following three (3) phases of plan development:
- Concept Plan – at a minimum, a concept plan must include, at a legible scale, the mapping of natural resources and sensitive areas including highly erodible soils and slopes 15 percent and steeper as well as information required under Garrett County’s Stormwater Ordinance. These mapped areas are to be protected from erosion using additional measures or, wherever possible, designated to remain undisturbed. An explanation must be included with either the concept or site development plan describing enhanced protection strategies for these areas during construction. This data will serve as the foundation for developing the site development plan for both erosion and sediment control and stormwater management.
- Site Development Plan – establishes the footprint of the proposed project and identifies the impacts of the proposed impervious surfaces on the existing natural conditions. Included in this step is all concept plan information and proposed erosion and sediment control practices integrated with proposed stormwater management practices. The latter is to be done by Exhibit through a narrative describing how erosion and sediment control will be integrated into the stormwater management strategy using environmental site design (ESD) in accordance with the 2000 Maryland Stormwater Design Manual, Chapter 5, Supplement 1. Also included is the preparation of detailed designs, computations, and grading plans for a comprehensive review and approval. An overlay plan showing erosion and sediment control and stormwater management practices is required as part of the site development submittal. A grading permit application, initial sequence of construction and proposed project phasing to achieve the grading unit restriction should be submitted at this time.
- Final Plan – The plan must include all of the information required by the concept and site development plans as well as 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, as appropriate. Depiction of standard symbols on the plan needs to consider the footprint required for the device. Existing and proposed contours need to be shown at an n appropriate interval. Drainage areas must be delineated for sediment control practices whose sizing is based on the drainage area, and, when necessary, design computations must be provided. 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. A final erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the Garrett Soil Conservation District.
Approved plans remain valid for two (2) years from the date of issuance unless renewed. Application for permit renewal shall be made at least two (2) months prior to the permit expiration date.
The Garrett Soil Conservation District and the Stormwater Management Office reserves the right to impose such conditions as may be reasonable to prevent creation of nuisance or dangerous conditions and to deny issuance of a grading permit where the proposed work would cause hazards adverse to the public, safety and welfare.
Right of Entry
It shall be a condition of every permit that the inspection agencies have the right to enter property periodically to inspect for compliance with the approved plan and Ordinances.
The owner/developer shall maintain a copy of the approved erosion and sediment control plan on site. Every active site having a signed erosion and sediment control plan should be inspected for compliance with the plan on average once every two (2) weeks.
A written report shall be prepared by the inspection agency after every inspection. The report shall describe:
- The date and location of the site inspection;
- Whether the approved pan has been properly implemented and maintained;
- Practices deficiencies or erosion and sediment control plan deficiencies;
- If a violation exist, the type of enforcement action taken; and
- If applicable, a description of any modifications to the plan.
The inspection agency shall notify the on-site personnel of the owner/developer in writing when violations are observed, describing:
- The nature of the violation;
- The required corrective action; and
- The time period in which to have the violation corrected.
The following activities are exempt from provisions of the Erosion and Sediment Control Ordinance:
- Agricultural land management practices and agricultural Best Management Practices (BMPs);
- Agricultural structures;
- Clearing or grading activities that disturb less than 5,000 square feet of land area or disturb less than 100 cubic yards of earth; and
- Clearing or grading activities that are subject exclusively to State approval and enforcement under State law and regulations.
Please call 301-334-7475 for additional information relative to complete erosion and sediment control requirements.