Md. Code Regs. 15.20.01.04 - Agricultural Drainage Project Plans

A. Construction or Reconstruction Plan Requirements. Before constructing or reconstructing a project, an association shall comply with the following:

(1) Submit four copies of the construction or reconstruction plan to the Secretary for approval.

(2) The construction or reconstruction plan shall include:

(a) A transmittal letter to the Secretary, including:

(i) The name of the association;

(ii) The name of the watershed and the drainage area involved; and

(iii) A map indicating north arrow, watershed boundaries, scale, and any other information necessary to locate the project.

(b) The project design specifications, including:

(i) A general description of the project's soil types;

(ii) The layout of the drainage channels;

(iii) The location of existing areas of trees and shrubs along the channel;

(iv) The design and location of water control structures;

(v) The design and location of sediment traps;

(vi) A hydrological analysis if required under Regulation .05B; and

(vii) A wetlands inventory map delineating the project. The association shall use the National Wetlands Inventory Maps available from the Department of Natural Resources. If the scale of the National Wetlands Inventory maps is inappropriate, the association may use maps of another scale, so long as the wetlands classification and mapping is consistent with the National Wetlands Inventory. Any lost wetlands required to be replaced under Regulation .05F and any wetlands, 1/4 acre or larger, created by the project shall be delineated on the wetlands inventory map.

(c) The construction methods, including:

(i) Open channel construction techniques;

(ii) Measures to limit disturbance to the soil;

(iii) Spoil spreading techniques and information concerning the volume of spoil materials and the location of spoil disposal sites; and

(iv) Temporary or permanent soil stabilization techniques for channel banks, berms, and soil disposal sites.

(d) Water quality protection measures including plans for:

(i) Establishing vegetative strips along the channels;

(ii) Installing BMPs along the channels;

(iii) Retaining or reestablishing areas of trees, shrubs, and herbaceous growth along the channel in accordance with Regulation .05E; and

(iv) Replacing wetlands in accordance with Regulation .05F.

(e) A signed statement from the local soil conservation district, stating that the project's farmland will meet the soil conservation and water quality plan requirements in accordance with Regulation .06.

(3) The project's design shall comply with Regulation .05, and the construction or reconstruction of the project shall comply with Regulation .06.

B. Operation and Maintenance Plan Requirements. Before constructing or reconstructing a project, or as required in Regulation .03A(1) for operating and maintaining a project, an association shall comply with the following:

(1) Submit four copies of the operation and maintenance plan to the Secretary for approval.

(a) A transmittal letter to the Secretary, including:

(i) The name of the association;

(ii) The name of the watershed and the drainage acreage involved; and

(iii) A map indicating north arrow, watershed boundaries, scale, and any other information necessary to locate the property.

(b) The project's maintenance program, including a general description of the project's soil types and provisions to:

(i) Perform routine, recurring maintenance such as mowing, seeding, and clean out;

(ii) Prevent project deterioration;

(iii) Install or replace project components when necessary; and

(iv) Repair damage from normal deterioration, drought, flooding, or vandalism.

(c) Maintenance methods, including:

(i) Open channel maintenance techniques;

(ii) Measures to limit soil disturbance;

(iii) Spoil spreading techniques; and

(iv) Temporary or permanent soil stabilization techniques for the channel banks, berms, and spoil disposal areas.

(d) Water quality protection measures, including plans for:

(i) Establishing and maintaining vegetative strips along a channel;

(ii) Installing BMPs along a channel;

(iii) Installing sediment traps;

(iv) Disposing of spoil; and

(v) Retaining or reestablishing areas of trees, shrubs and herbaceous growth along a channel in accordance with Regulation .05E(4).

(e) An implementation schedule for the project's maintenance program.

(3) The project's maintenance shall comply with Regulation .06, and the project's operation and maintenance program shall comply with Regulation .07.

Notes

Md. Code Regs. 15.20.01.04