Section 096-375-5 - Erosion and Sedimentation ControlA.Preamble. The Department recognizes the importance of controlling erosion and sedimentation to protect water quality and wildlife and fisheries habitat. Additionally, the Department considers topsoil to be a natural resource which should be properly managed. Control of erosion and sedimentation is a concern both during and after construction activities.B.Scope of Review. In determining whether the developer has made adequate provision for controlling erosion and sedimentation, the Department shall consider all relevant evidence to that effect, such as evidence that: (1) All earth changes will be designed, constructed, and completed in such a manner so that the exposed area of any disturbed land will be limited to the shortest period of time possible.(2) Sediment caused by accelerated soil erosion will be removed from runoff water before it leaves the development site.(3) Any temporary or permanent facility designed and constructed for the conveyance of water around, through, or from the development site will be designed to limit the water flow to a non-erosive velocity.(4) Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area will be completed within fifteen calendar days after final grading has been completed. When it is not possible or practical to permanently stabilize disturbed land, temporary erosion control measures will be implemented within thirty calendar days of the exposure of soil.(5) When vegetative cover will be established as a temporary or permanent erosion control measure: (a) Plant species to be used and the seeding rates will take into account soil, slope, climate, and duration and use of the vegetative cover.(b) Mulch will be provided at rates appropriate to ensure a minimum of soil and seed loss until an acceptable "catch" of seed is obtained.(c) Reseeding will be done within a reasonable period of time if there is not an acceptable "catch".(6) All development plans will incorporate building designs and street layouts that fit and utilize existing topography and desirable natural surroundings to the fullest extent possible.C.Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that adequate provision will be made to control erosion and sedimentation, including information such as the following when appropriate: (1) A comprehensive erosion and sedimentation control plan, designed in accordance with the "Maine Environmental Quality Handbook", the U.S.D.A., Soil Conservation Service's "Engineering Field Manual", or another appropriate reference, which includes the following information: (a) A description and location of the limits of all proposed construction activities which result in the disturbance of the land.(b) A description and location of all existing and proposed on-site drainage.(c) The timing and sequence of all proposed land disturbances.(d) A description and location of all proposed temporary and permanent erosion and sedimentation control measures, including the timing and sequence of their completion.(e) A proposed program for the maintenance of all erosion and sedimentation control facilities which will remain after the project is completed, including a designation of the responsible party.D.Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the developer will make adequate provision to control erosion and sedimentation, such as requiring that: (1) Erosion control devices be in place before the commencing of other construction activities.(2) Construction activity be limited to certain times of the year, particularly when soil type, slope, and the extent of area to be stripped pose serious potential for erosion and sedimentation.06- 096 C.M.R. ch. 375, § 5