Sec. 26.17.04.08. Temporary Construction in a Stream Channel or Floodplain

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;

(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.

C. Temporary Access Crossings. The following special requirements shall apply to applications for temporary access crossings within the waters of the State:

(1) Temporary access crossings 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;

(2) Earth embankments for an access road greater than 3 feet high may not be permitted;

(3) The applicant shall submit the following information to the Administration:

(a) General plan of the proposed project showing:

(i) Location;

(ii) Land ownership;

(iii) Cross section of presently existing stream channel;

(b) Construction plans and specifications;

(c) Type and source of materials to be used in construction;

(d) Erosion and sediment control provisions including design details and schedule of application.

D. Temporary Utility Crossings. The following special requirements shall apply to applications for utility crossings within the waters of the State that cross streams or floodplains and are either buried below the presently existing grade or are suspended above the 100-year frequency flood elevation, so that they do not cause any permanent damage to the course, current, or cross section of a stream or body of water, including the floodplain:

(1) Temporary utility crossings 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;

(2) For stream crossings, the pipe or cable and any protective encasement shall either be buried a minimum of 3 feet below the stream bed, unless the Administration believes that a rigid bottomed stream bed exists, or be elevated a minimum of 1 foot above the 100-year frequency flood elevation;

(3) Buried utilities and their appurtenances, except at stream crossings, shall be located such that a 25-foot wide buffer zone is maintained between the limits of construction and the nearest top of the stream bank.

(4) The following information shall be submitted with the application:

(a) Construction plans and specifications;

(b) Type and source of materials to be used in construction;

(c) Erosion and sediment control provisions including design details and schedule of application;

(d) General plan of the proposed project showing:

(i) Location;

(ii) Land ownership;

(iii) Cross section of presently existing stream channel;

(iv) Existing topography.

E. Storm Drain Outfalls. The following requirements apply to applications for temporary construction in the floodplain for outfall pipes, flumes, and ditches, providing there are no permanent alterations to the course, current, or cross section of a stream or body of water:

(1) Construction shall conform to the technical requirements of the "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control" which is incorporated by reference under COMAR 26.17.01.11;

(2) Permanent floodplain obstructions to flow may not be permitted;

(3) The following information shall be submitted with the application:

(a) General plan of the proposed project showing:

(i) Location;

(ii) Land ownership;

(iii) Cross section of presently existing stream channel and proposed drainage outfall;

(b) Construction plans and specifications;

(c) Type and source of materials to be used in construction;

(d) Erosion and sediment control provisions including design details and scheduled application;

(e) 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.