Md. Code Regs. 26.22.01.04

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.22.01.04 - Contents of Application

A. A person proposing to construct a facility in the coastal area shall file a written application with the Department.

B. The application shall contain the information set forth in this regulation.

C. The application shall contain the applicant's name and business address, and the name, title, and business address of the person or persons authorized to act on behalf of the applicant for the purposes of the application.

D. The application shall contain a summary description of the project including the purpose of the facility, location, design and operating features, provisions to mitigate aesthetic and environmental impacts, preliminary construction cost figures, and general schedules for the engineering, construction, and activation phases of the project.

E. The application shall contain general engineering descriptions for all proposed structures.

F. The application shall contain maps displaying the project as follows:

(1) A county-wide map at a scale of 1 inch to 1 mile (1:63,360); this map shall include the number of grids in the Maryland Automated Geographic Information System pertaining to the project site;

(2) A project location map drawn on a current 7.5 minute topographic quadrangle sheet;

(3) A tax map showing the site by block and lot numbers, the block and lot numbers and acreage of lots within 200 feet of the site shall be included; the names and addresses of the owners of these adjacent lots shall be listed on a separate sheet;

(4) An existing site conditions map as follows:

(a) A topographic map and hydrographic chart, if applicable, of the site and its surroundings to a distance of 1,000 feet, prepared at a scale no smaller than 1 inch equals 200 feet, with contour levels for the site portion of the map at intervals not greater than 5 feet;

(b) The map shall be accompanied by appropriate text identifying and describing the following items:

(i) Boundary lines of the site, with bearings and distances;

(ii) General topography and natural features;

(iii) Existing structures and land uses, including open space, within 1,000 feet of the site;

(iv) Existing easements on and within 1,000 feet of the site, with their location, width, purpose, and ownership:

(v) Total acreage of the project site and acreage of the contiguous property owned or controlled by the applicant, if the project for which the permit application is made includes only part of this property;

(vi) Provisions of municipal zoning ordinances, municipal and county master plans, county water and sewer and solid waste plans, State water quality management plans, transportation and school construction plans, solid waste, critical areas, and official maps applicable to the site and the area within 1,000 feet of the site;

(vii) Public and private wetlands as defined by Environment Article, § 16-101, Annotated Code of Maryland, publicly owned lands, flood plains as defined by 24 CFR § 1909.1, and forested lands.

G. The application shall contain a completed Board of Public Works master application form if the application is filed in accordance with the Consolidated Permit Procedures of Article 78A, Annotated Code of Maryland.

H. The application shall contain a detailed project description as follows:

(1) A conceptual design including maps, diagrams, and engineering descriptions of each structure; the conceptual design shall contain the following information:

(a) The number of acres of the project site owned, leased, or held under option or other similar arrangement;

(b) Existing and proposed buildings, major accessory structures and total land required;

(c) Existing and proposed roads and other transportation facilities such as railroads, entranceways, parking and loading areas, piers, wharves, boat landings, and other port facilities;

(d) Existing and proposed gas and electric utility, drainage, and other rights-of-way other than roads;

(e) Project landscaping features;

(f) Soil erosion and sedimentation control measures;

(g) Storm water management techniques;

(h) Improvements to the site and adjacent land including dredging and soil disposal activities; and

(i) If the project is to be developed in phases, a description of each of the prospective development stages;

(2) Descriptions and general estimates of construction costs, the construction schedule, and construction methods including the following:

(a) The total estimated capital cost of the facility;

(b) The number and types of firms and individuals to be employed during construction, estimates of the total construction materials and payroll, and the value of construction materials and services to be purchased in Maryland;

(c) The construction timetable for each major component and for the total project;

(d) The approximate dates construction will begin and end;

(e) The construction and building techniques including procedures to be taken before or during construction of proposed facilities such as relocation of homes and commercial or industrial facilities, clearing, surveying, and environmental planning;

(3) A description of the operations of the completed facility including the following items:

(a) A description of the industrial operations;

(b) The goods and services to be produced including the dollar value of goods and services if known;

(c) Estimated annual payroll of the facility; if the facility operations will increase on a phased basis, state the total estimated payroll at each phase;

(d) Estimated effect of the facility upon State, county, and local taxes and depreciation rates for the facility;

(e) For both the construction and operational phases of the project, the method of transportation (pipeline, rail, water, air, or highway) for moving materials, equipment, and products to and from the facility and the expected size and weight of trucks and volume of daily truck and auto traffic;

(f) New transportation facilities (pipelines, roads, rail lines, airports, port facilities) required as a result of construction and operation of facility;

(g) The type of power and fuels to be used during facility operations;

(h) The type and estimated amount of solid and liquid waste to be produced by facility construction and operation;

(i) A description of the number and type of employees including:

(i) The total number of employees; if the facility operations will increase on a phased basis, state the total for each phase;

(ii) The largest number of employees on a single shift;

(iii) If employment will be seasonal, the estimated number of seasonal employees at the peak season; and

(iv) The estimated percentage of permanent, and temporary, employees to be hired locally;

(j) The estimated annual amount and dollar value of supplies and services to be purchased in the State during operations;

(k) Expected date operations will begin;

(l) Safety provisions for emergency access by police, fire protection, and ambulance services;

(m) Operating requirements of the facility including an explanation of how the following requirements will be met:

(i) Electricity and other energy demands;

(ii) Surface, or ground water, or both;

(iii) Shoreline access; and

(iv) Municipal facility improvements and interconnections including water, sewers, highways, and fire services;

(4) Special facility characteristics including the following information;

(a) For pipelines:

(i) Starting point;

(ii) Terminus;

(iii) Route;

(iv) Diameter;

(v) Total daily throughput capacity;

(vi) Anticipated operating capacity;

(vii) Materials to be transported;

(viii) Operating pressures and temperature;

(ix) Location of pumping stations;

(x) Sources of materials to be handled; and

(xi) Destination of materials to be handled;

(b) For intermediate production terminals:

(i) Type and industrial purpose of project;

(ii) Total daily throughput capacity;

(iii) Anticipated operating capacity;

(iv) Materials to be handled;

(v) Source, destination, and end use of materials to be handled;

(c) For crude oil storage facilities:

(i) Total capacity of structures; and

(ii) Source, destination, and end use of materials to be handled;

(d) For an operations base:

(i) Total warehouse area, and office area;

(ii) Materials to be handled;

(iii) Source, destination, and end use of materials to be handled;

(iv) Port, highway, and rail traffic estimates; and

(iii) Operating procedures;

(e) For fabrication yards:

(i) Source of major materials;

(ii) Destination of finished items;

(iii) Number of structures to be constructed at one time in the facility;

(iv) Port, highway, and rail traffic estimate;

(v) Operating procedures to be employed in the facility;

(vi) Industrial techniques to be employed in the facility; and

(vii) Provisions for health, safety, general welfare, and pollution containment including written and schematic information on provisions for occupational safety, fire prevention systems, and pollution containment systems including oil containment capability, water pollution containment capability, and air pollution prevention capacity.

I. The application shall contain, for both the construction and operation phases of the project, an identification of potential sources of impacts, including noise, visual, air and water pollution, and other environmental impacts caused by the project.

J. The application shall contain a summary of the probable impacts of the project in at least the following areas:

(1) Geology and soils of the site and surrounding region;

(2) Hydrology of the site and surrounding region;

(3) Vegetation of the site and surrounding region;

(4) Fish, shellfish, and wildlife of the site and surrounding region;

(5) Historic, archeological, and cultural resources of the surrounding regions;

(6) Air quality;

K. The application shall contain a description of the status of all required federal licenses, permits, and other approvals, with attached supporting material, if appropriate.

L. The application shall contain a discussion of the need for the facility in the light of feasible alternatives available to the applicant, concerning, in particular:

(1) The demand for the goods and services to be provided by the facility, including a discussion of the means employed to determine present and future demands;

(2) The need for the construction of this particular facility, including:

(a) An inventory of similar existing facilities operated by or available to the applicant within a reasonable service region and a determination of their available capacity and anticipated expansion of capacity, if any; and

(b) A documentation of why this identified available capacity or expansion of capacity will not suffice to meet the demand for the service to be provided by the proposed facility;

(3) Alternatives to the facility, including:

(a) A concise description of economically and environmentally feasible alternative facilities, facility locations, and industrial processes available to the applicant;

(b) An evaluation of the advantages and disadvantages, in terms of operating requirements, employment levels, pollution loads, environmental quality costs, and economic impact on local government of each identified alternative; and

(c) A comparison of the proposed facility with each of the alternatives identified including an analysis of the environmental and economic advantages and disadvantages of each alternative.

M. Completed Application Forms for Licenses or Permits.

(1) Copies of the following completed application forms for licenses or permits shall be attached if they have been completed:

(a) Public and private wetlands;

(b) Oil handler's;

(c) Surface water appropriations;

(d) Ground water appropriations;

(e) Waterway construction and obstruction;

(f) Water discharge (MPDES); and

(g) All other applicable State permits.

(2) Application forms completed after initiation of procedures pursuant to these regulations shall be forwarded at the time of completion.

N. The applicant shall furnish any other information determined by the Department to be necessary for processing the application.

O. The applicant shall certify that all the information contained in the application is true, complete, and accurate to the best of the applicant's knowledge.

Md. Code Regs. 26.22.01.04