Md. Code Regs. 26.24.04.01-3

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

Section 26.24.04.01-3 - Application Requirements

A. In addition to the requirements of COMAR 26.24.02.02 o, a person proposing a shoreline stabilization measure shall submit the following information at the time of application:

(1) An 8-1/2 by 11-inch plan, with dimensions, of the proposed project showing:

(a) Location;

(b) Land ownership;

(c) Existing and proposed contours;

(d) Existing mean high water line and, if applicable, existing landward boundary of State and private tidal wetlands, each as field-verified by the applicant;

(e) For a nonstructural shoreline stabilization measure, the proposed mean high water line and the proposed landward boundary of State and private tidal wetlands;

(f) Existing and proposed structures, including:

(i) A septic system;

(ii) A utility-related structure;

(iii) A building;

(iv) A road;

(v) Drainage features; and

(vi) An equipment storage area;

(g) Adjacent shoreline features;

(h) Best management practices to control any upland runoff which contributes to erosion;

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

(j) Site bathymetry;

(2) A waiver, if the project qualifies for a structural shoreline stabilization measure under Regulation .01-2 of this chapter;

(3) Photographs of the project site, the adjoining shoreline, and existing structures;

(4) In accordance with the requirements of COMAR 27.01.09.01 o -3, the proposed major or minor buffer management plan that will address disturbance of the buffer, including any disturbance to stabilize a bank or slope or to control erosion above mean high water;

(5) Critical Area Buffer Notification Form signed by the property owner;

(6) If required by the Department, a design report that includes:

(a) A foundation investigation;

(b) A structural analysis;

(c) The structural properties of the materials to be used to construct the proposed project;

(d) The estimated economic, environmental, and other benefits to be derived from the project;

(e) The design life expectancy of the project;

(f) The sequence of construction;

(g) A description of the method of construction that includes:

(i) Estimated beginning and completion dates;

(ii) The equipment to be used;

(iii) The proposed access to the site;

(iv) The foundation excavations;

(v) The means for diverting water away from the project during construction; and

(vi) The means for controlling the dewatering discharges;

(h) Specific references and benchmarks used by the designer;

(i) Estimated impact, if any, of the project on adjacent properties;

(j) Estimated impact, if any, of the project on public access to the shore;

(k) Written specifications for the quality of the materials and methods of construction to ensure that design criteria will be met or exceeded;

(l) A description of how the reclamation of lost upland meets the requirements of COMAR 26.24.03.06 o C, if applicable; and

(m) A description of measures to be taken to avoid and minimize impacts to plant, fish, and wildlife habitat before, during, and after construction; and

(7) If required by the Department, an alternatives analysis, including:

(a) The justification for rejecting the options required to be considered under COMAR 26.24.04.01 o B;

(b) The justification for the selected shoreline stabilization measure; and

(c) For a structural shoreline stabilization measure, proof of consideration of each alternative, including an analysis of habitat impact for each alternative, in the following order of preference:

(i) Beach nourishment;

(ii) Breakwater;

(iii) Groin, jetty, or a similar structure;

(iv) Revetment; and

(v) Bulkhead.

B. Based on project size and scope, environmental sensitivity of the project site, and potential adverse impacts to State or private tidal wetlands, the Department may, with notice to the applicant by telephone, letter, email, or meeting, require information in addition to §A of this regulation.

Md. Code Regs. 26.24.04.01-3

Regulation .01-3 adopted effective February 4, 2013 (40:2 Md. R. 73)