Md. Code Regs. 26.24.03.03

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

Section 26.24.03.03 - Upland Disposal of Dredged Material

A. Exemptions.

(1) Previously Approved Disposal Facility. The requirements of §§B-C of this regulation may be waived for a dredge disposal facility previously approved by the Department if it can be demonstrated that the facility is capable of adequately containing the dredged material. Before authorizing the use of a previously approved upland disposal facility, the Department may require:

(a) A written report stating that the facility is capable of accepting the volume of material to be dredged considering freeboard constraints, bulking, and remaining capacity;

(b) An evaluation regarding the safety and effectiveness of the facility to impound additional dredge material, and stability of outlet structures and embankments; and

(c) A currently approved soil conservation district plan.

(2) Landfills. Use of an existing landfill may be approved by the Department, and the requirements of §§B-C of this regulation may be waived, if the licensee submits:

(a) Documentation that the landfill proposed to be used is being operated in full compliance with local, State, and federal regulations; and

(b) Written approval from the landfill owner, or the owner's legal representative, accepting the quantity and type of material to be dredged.

(3) Nonforested Upland Fields. Use of nonforested upland fields may be approved by the Department, and the requirements of §§B-C of this regulation may be waived, if:

(a) The elevation of the dredge material is less than 3 feet in height; and

(b) The applicant submits:

(i) An approved sediment and erosion control plan from the soil conservation district; and

(ii) Written approval from the property owner, or the owner's legal representative, accepting the quantity and type of material to be dredged.

B. General Requirements.

(1) In addition to the requirements of Regulation .02 of this chapter and COMAR 26.24.02.02 o, an applicant proposing to dispose of dredged material on upland is required to submit the following information at the time of application:

(a) Grain size analysis;

(b) A detailed dredge disposal plan that includes the proposed disposal area and:

(i) Property lines;

(ii) Existing and proposed topography and bathymetry;

(iii) Mean high water line;

(iv) Location of all tidal and nontidal wetlands and tributaries within 100 feet of any site disturbance;

(v) Limits of critical area buffers as defined in COMAR 27.01.09, COMAR 27.02.05, and the State-approved critical area program of a local jurisdiction;

(vi) Stabilized access to the site;

(vii) The method of dredge material transport to the disposal site, including the alignment of the pipe or the proposed route and staging areas as appropriate;

(viii) Spillway location;

(ix) Sediment and erosion control plan approval by the local soil conservation district; and

(x) A vicinity map identifying the area to be dredged, and the surrounding land areas and water bodies within 100 feet of any disturbance;

(c) Proof of ownership or right to use the disposal site, including:

(i) An executed deed conveying title of the site to the licensee;

(ii) An executed easement;

(iii) Written consent of the landowner; or

(iv) A fully executed option agreement, long-term lease agreement, or contract sale of the site;

(d) Methods to ensure that water discharged from the disposal area does not adversely impact water quality, tidal wetlands, or aquatic habitat;

(e) Methods to protect waters during construction operation and dewatering; and

(f) Methods to control or divert runoff and erosion from upland disposal sites.

C. Based on project size and scope, environmental sensitivity of the project site, potential adverse impacts to the environment, and the welfare and safety of the public, the Department may, with notice to the applicant by telephone, letter, or meeting, request the information in §C(1)-(5) of this regulation, in addition to other requirements of this subtitle. This information is required for all dredging projects proposing to dispose of hydraulically dredged material in a contained placement site. The Department recommends that an applicant consult with the Department before developing and submitting the following information listed in §C(1)-(5) of this regulation:

(1) Composition of dredge material;

(2) An analysis of alternative disposal methods, including beneficial uses and site selection;

(3) A geotechnical evaluation or more detailed report prepared in support of the project which:

(a) Demonstrates feasibility of the site for the intended use; and

(b) Provides geotechnical information regarding on-site soils intended for embankment construction, with the unified soil classification system being used to identify all materials intended for embankment construction;

(c) Provides geotechnical recommendations regarding the degree of embankment compaction to be achieved, design provisions to address hydrologic conditions at the site, and any other special provisions to address seepage control including the use of impermeable liners;

(d) Identifies the location and results of all soil borings taken along the centerline of the proposed embankment and the area from which embankment material will be obtained, with a sufficient number of soil borings being taken to evaluate material quality and availability.

(e) Summarizes all geotechnical sampling information shown on the design plans including construction requirements that address unique surface and subsurface conditions of the site; and

(f) References design standards;

(4) The type and settling characteristics of sediments to be dredged based upon the "Standard Method of Particle Size Analysis of Soils, AASHTO Designation T 88-90", which is incorporated by reference as found in Standard Specifications for Transportation Materials and Methods of Sampling and Testing, Part II Tests, Fifteenth Edition, American Association of State Highway and Transportation Officials, (1990); and

(5) A detailed plan including:

(a) Notes related to vegetative stabilization, sediment and erosion control, and water quality;

(b) Temporary and permanent vegetative stabilization specifications;

(c) A detailed sequence of construction and operation;

(d) A water quality monitoring schedule;

(e) Discharge return route to tidewater and outfall protection;

(f) Drainage swales;

(g) Utilities;

(h) Sediment and erosion controls;

(i) Identified ecologic, archaeologic, or historic features;

(j) Limits of disturbance and stockpile areas;

(k) Cross section, height, and settlement of embankments;

(l) Stage-storage curves or table;

(m) Inflow point or points;

(n) Outlet structures and the barrel location in the embankment;

(o) Seepage controls;

(p) Details and dimensions of dewatering structure;

(q) Barrel type, size, and specifications and methods to obtain watertight joints;

(r) Signature and seal by a professional engineer licensed to practice in Maryland;

(s) Location of all subsurface borings;

(t) Date of plan or plan revision; and

(u) Soil conservation district approval.

Md. Code Regs. 26.24.03.03

Regulations .03 were recodified from Regulations .06_.11, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996