A.
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.
