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• The State Mining Act, as well as the Motor Vehicle Act, use the terms `gravel', <br />`stone', and `rock' interchangeably and do not provide a distinction between <br />them. <br />• Laypersons often use the term "gravel" to refer to any aggregate material, such <br />as the crushed stone material that is typically used in constructing roads or <br />parking lots. <br />With this in mind the EMC proposed the following: <br />1. Change the definition of built -upon area to read as follows: <br />... means impervious surface and partially impervious surface to <br />the extent that the partially impervious surface does not allow <br />water to infiltrate through the surface and into the subsoil. 'Built <br />upon area" does not include a wooden slatted deck, the water <br />area of a swimming pool, or gravel. 1 <br />2. Incorporate a new definition of gravel reading as follows: <br />a clean or washed loose aggregate of small, rounded, water -worn <br />or pounded stones from a lower limit of 0.08 inches up to 3.0 <br />inches in size. Gravel is not crushed stone or rock. <br />3. Modify the existing definition of permeable pavement to read: <br />... means paving material that absorbs water or allows water to <br />infiltrate through the paving material. Permeable pavement <br />materials include porous concrete, permeable interlocking <br />concrete pavers, concrete grid pavers, porous asphalt and any <br />other material with similar characteristics. (`^rr, acted g „ol shau <br />of be Ge pSi6jeFe6l Oe 44eable a» ,e p4e p 2 <br />According to State officials these changes will impact what constitutes `built -upon' area <br />not only for stormwater management projects but also the enforcement/interpretation of <br />impervious surface limits as they relate to watershed management regulations. <br />The rule, as proposed, only exempts a specific subset of gravel, specifically gravel that <br />is: `water -worn or pounded stones from a lower limit of 0.08 inches up to 3.0 inches in <br />size'. It does not exemat all aravel from beina classified as built -uaon area or exemat <br />from consideration as an impervious surface. <br />According to representatives of the State Division of Environment and Natural <br />Resources (DENR) Land Quality Section /Stormwater Program, this type of gravel is: <br />`often used as walkways through gardens and yards or around vegetation <br />because they are pervious (i.e., allow precipitation to infiltrate) but offer a <br />more aesthetically pleasing and durable surface than exposed soil. <br />Placement of gravel is usually conducted during dry periods and heavy <br />This is the proposed new definition. Staff has not included the old definition as it was felt it would create <br />confusion. <br />2 Planning staff has highlighted the State's proposed modification in r -e s *i4ke* 4-oiag , *° °* <br />