Marvin Mandel, Governor                        1473

at any location in the pond other than within twenty-five (25) feet
of the intersection of the established bottom and the heel of the em-
bankment, provided the slope of such excavation is no steeper than
the slope of the upstream face of the embankment. The drainage
area contributory to or diverted to the pond shall not exceed one
hundred fifty (150) acres. The dam or embankment shall have a
minimum free board of one (1) foot above the water elevation in the
reservoir under design storm conditions; a wave height analysis shall
be made for ponds with a water surface area greater than 60,000
square feet and the minimum free board increased if necessary for
safety. Any limitation on contributing watershed area, depth of
water, and water surface shall not be construed to apply to impound-
ments created entirely by excavation below the existing ground level,
these being known generally as dug-out ponds. The dam or embank-
ment forming the pond shall not be closer than five hundred feet to
a place for human habitation or public road so situated as to be
endangered by the breaking or failure of the dam or embankment.

Any proposed construction or change which would increase the
possible depth of water at the spillway level of an existing farm
pond, or which would increase the water surface area of any existing
farm pond, shall be subject to the procedures and requirements speci-
fied in this subsection. Notice of the proposed removal or destruction
of any such dam or embankment shall be sent to the Department at
least thirty days in advance thereof.]

(b) Small ponds having a contributory drainage area of less than
one (1) square mile (640 acres), a normal depth of water less than
fifteen (15) feet above the original stream bed, and a normal surface
area of less than twelve (12) acres, EXCEPTING ALL WASTE
WATER STABILIZATION PONDS, shall be exempt from permit
from the Department, provided the plans and specifications have been
approved by the appropriate soil conservation district, AND PRO-
VIDED THAT THE POND WILL NOT BE LOCATED WITHIN
THE DRAINAGE OF THE GWYNNS FALLS, JONES FALLS
OR HERRING RUN STREAMS SITUATED IN OR ADJACENT
TO BALTIMORE CITY, and provided they meet minimum standards
for safety set forth in Regulations of the Department. The Depart-
ment shall be notified by the soil conservation districts of all ponds
approved under this subsection. Nothing within this paragraph may
be considered a limitation on the Department's authority under this
subtitle.

[(c) In addition to, and not in substitution of, the foregoing
provisions of this section, nothing in this section shall be construed to
extend to or affect in any way "ponds" constructed as farm ponds
except as in this subsection provided.

A pond constructed under the provisions of this subsection shall
not have a normal water surface area in excess of twelve acres at the
crest elevation of the mechanical spillway; nor shall it have a normal
depth of water in excess of fifteen (15) feet at the crest of the me-
chanical spillway, the measurement to be upward from the original
stream bed at the point of the dam or embankment. However, excava-
tion for additional water capacity is permitted to any depth at any
location in the pond, other than within twenty-five (25) feet of the
intersection of the established bottom and heel of the embankment,
provided the slope of such excavation is no steeper than the upstream
face of the embankment.