A. When a project qualifies for a stormwater PBR. A project needing a Stormwater Law permit qualifies for a stormwater PBR if it results the following:
(1) Less than 20,000 square feet of impervious area and 5 acres of developed area in the direct watershed of a lake most at risk or urban impaired stream; and
(2) Less than one acre of impervious area and five acres of developed area in any other watershed.
B. Notification. An applicant must file notice of the project with the department prior to beginning work on the project. The applicant shall use the notification form provided by the department and must include the required submissions. The applicant must keep a copy to serve as the permit. The notification information must be sent to the department by certified mail (return receipt requested), or hand delivered to the department and date stamped by the department.
C. Effective period. The stormwater PBR becomes effective 14 calendar days after the department receives the notification form, unless the department approves or finds the notification deficient prior to that date. Within this 14 day period, the department may notify the applicant in writing or through verbal communication that the project is ineligible for stormwater PBR, or that additional information or further review is needed. If the department does not inform the applicant that the notification is unacceptable within the 14-day period, the notification is deemed accepted by the department and is valid for two years from the date of approval.
By signing the notification form, the applicant is representing that the activity will meet the applicability requirements and standards of the rule. In addition, by signing the notification form the applicant represents that the applicant has sufficient title, right, or interest in the property where the proposed activity is to take place.
D. Standards. Projects eligible for permit by rule must meet the erosion and sedimentation control standards found in Appendix A and inspection and maintenance requirements found in Section 1 of Appendix B of this chapter.
NOTE: A project qualifying for a stormwater PBR is not required to meet the general standards in Section 4(B) or the Phosphorus Standards in Section 4(C). However, if a PBR project proposes to use infiltration to control runoff, it must either meet the license by rule standards in Appendix D, or obtain a waste discharge license under the Waste Discharge Law.
E. Submissions. An applicant for a stormwater PBR must submit the notification form, fee and other information for the Department's review and approval. This information includes a location map, site plan, erosion and sedimentation control plan, and photographs of the area to be developed. Also, if the project is located in Essential Habitat, approval from the Maine Department of Inland Fisheries and Wildlife will need to be submitted. Specific submission requirements are described below.
(1) Plan preparation. An erosion and sedimentation control plan accompanying a stormwater PBR must be designed by a professional who is registered, licensed, or certified in a related land-use field, or by education, training, or experience is knowledgeable in erosion and sedimentation control, or has received specific training in erosion and sedimentation control at a department-sponsored erosion and sedimentation control workshop.
NOTE: An applicant may use erosion and sedimentation control BMPs described in the “Citizen's Guide to Best Management Practices for Use with Maine Construction General Permit” or in “Maine Erosion and Sediment Control BMPs,” Maine Department of Environmental Protection.
(2) Location map. The notification form must be accompanied by a photocopy of a portion of a 7.5 minute USGS topographic map or other atlas showing the site's location and approximate property boundaries, if the size of the parcel and scale of the map allows it. A USGS topographic map can be useful for showing the general contour and topography of the project site
(3) Site plan. Submit a scaled plan showing, at a minimum, the locations of structures and roads, the extent of disturbed land, pre-construction site topography, post-construction site topography, on-site and adjacent surface waterbodies, and all erosion and sedimentation control measures to be used on the site. Such measures include, but are not limited to, sedimentation barriers, ditch lining, rip rap, and culvert inlet and outlet designs.
An applicant may substitute the following information for surveyed pre-development and post-development site topography on the location plans:
(a) the locations of high points on the site;
(b) the locations of any ponds or other runoff storage depressions on the site;
(c) the locations and flow direction of any drainage ditches, brooks, or streams;
(d) the locations of any catch basin inlets or culvert inlets; and
(e) arrows showing the general direction(s) of overland drainage for the site.
(4) Erosion and sedimentation control plan. In addition to a site plan, an erosion and sedimentation control plan must be included that contains, at a minimum, permanent stabilization measures to be taken (e.g., paving or planting vegetation), installation details of the erosion control measures proposed, seeding and mulching rates, and a construction schedule with the proposed construction dates and timeframe for major earth moving and construction events. This plan and its details may be included on the site plan instead of being a separate submission.
NOTE: A person who conducts, or causes to be conducted, an activity that involves filling, displacing or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource as defined in 38 M.R.S.A. § 480-B. Sediment control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken. The site must be maintained to prevent unreasonable erosion and sedimentation. See 38 M.R.S.A § 420-C (in part). Other or additional standards may apply, under the Natural Resources Protection Act, to a project located in or adjacent to a protected natural resource.
(5) Photos. Provide photographs of the project site that show the existing character and topography of the area proposed for development.
F. Approval of variations from plans. The granting of this approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from these plans, proposals, and supporting documents must be reviewed and approved by the department prior to implementation. Any variation undertaken without approval of the department is in violation of 38 M.R.S.A. § 420-D(8) and is subject to penalties under 38 M.R.S.A. § 349.
G. Permit extensions. An individual permit issued under the Stormwater Management Law may be extended one time using a Stormwater PBR, provided that the approved project has not begun and the permit has not expired. If a Stormwater PBR needs to be extended, the applicant may file a new Stormwater PBR notification form for a one-time extension.
H. Discretionary authority. Notwithstanding compliance with the PBR requirements and standards set forth in this chapter, the department may require an individual stormwater permit application to be obtained in any case where the department determines that the activity:
(1) May violate the standards of the Stormwater Management Law;
(2) Could lead to significant environmental impacts, including cumulative impacts;
(3) Could have an unreasonable adverse impact on a protected natural resource; or
(4) Could degrade the habitat of a threatened or endangered species (see Section 5(C)).
Section 7