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The Town has a local erosion and sediment control program to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the Virginia Erosion and Sediment Control Law (Title 10.1, Chapter 5, Article 4 of the Code of Virginia). The state program is administered by the Virginia Department of Conservation and Recreation (DCR) (http://www.dcr.virginia.gov/sw/e&s.htm), the agency that certifies the Town’s local program. The Engineering Department utilizes ordinances, policies and guidelines, plan review, inspection, and evaluation in an effort to comply with the Virginia Erosion and Sediment Control Law and minimize the negative impact of soil erosion and sedimentation on local property and water ways.
A common example of the Engineering Department’s erosion and sediment control program in action is when a new residential or commercial development is proposed. If the disturbed lands area is larger than 10,000 square feet, the developer must submit an erosion and sediment control plan and narrative to the Town for review. The Engineering Department will review the plan for compliance with the criteria, techniques and methods found in the Virginia Erosion and Sediment Control Minimum Standards. These 19 minimum standards are found in the Virginia Code 4VAC50-30-40. Addition erosion and sediment control measures may be required depending upon the specific site conditions. Likewise, under certain conditions, the Town can also issue an erosion and sediment control variance if the regulations are deemed inappropriate or too restrictive for site conditions.
When the plan is deemed to be technically adequate, the Owner/developer must then do the following:
- Submit a plan review and inspection fee (view the plan review and inspection fee schedule
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- Submit a bond with surety in the amount of estimated costs for all of the erosion and sediment control measures for the project
- Attend a preconstruction conference with the general contractor, grading contractor (if applicable), and appropriate Town personnel
Afterward, a land-disturbing permit is issued and construction can begin. Prior to land-disturbing activity, the name of an individual holding a valid Responsible Land Disturber (RLD) Certificate must be provided to the Town. For information on the role and responsibilities of the RLD, DCR has answers to several common questions. (www.dcr.virginia.gov/sw/docs/esrevfaq.pdf ).
In addition to the Town permit, if the disturbed area is greater than 1 acre, the activity may be subject to regulation through the National Pollution Discharge Elimination System (NPDES) permit program. This permit is obtained through DCR storm water permitting program (www.dcr.virginia.gov/sw/vsmp.htm). Anyone contemplating a land-disturbing activity should visit the DCR website for information on the state laws and regulations (http://www.dcr.virginia.gov/sw/e&s.htm).
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