The Frederick County Board of Supervisors desires to protect
the health, safety, welfare, and property of Frederick County residents
and businesses, and the quality of waters within the County. The Frederick
County Board of Supervisors recognizes that development tends to degrade
these waters through erosion and sedimentation, increased flooding,
stream channel erosion, and the transport and deposition of waterborne
pollutants. This degradation is due, in part, to increased stormwater
runoff as property is developed. Hence, as required by § 62.1-44.15:27,
Code of Virginia, and in compliance with the Virginia State Water
Control Board requirements, the Frederick County Board of Supervisors
has determined that it is in the public interest to establish requirements
which regulate the discharge of stormwater runoff from developments
by integrating hydrologic and water quality functions into all aspects
of a development's design, landscape, and infrastructure.
A. The purpose of this chapter is to establish minimum stormwater management
and erosion and sediment control requirements which:
(1)
Reduce flood damage to property; minimize the impacts of increased
stormwater runoff from new land development.
(2)
Maintain the hydraulic adequacy of existing and proposed culverts,
bridges, dams, and other structures.
(3)
Prevent, to the greatest extent feasible, an increase in nonpoint
source pollution.
(4)
Maintain the integrity of stream channels for their biological
functions and drainage.
(5)
Maintain natural drainage patterns to the extent practicable
to promote existing hydrologic processes.
(6)
Promote infiltration of stormwater to recharge groundwater resources.
(7)
Minimize the impact of development upon stream erosion.
(8)
Preserve and protect water supply facilities from increased
flood discharges, stream erosion, and nonpoint source pollution.
(9)
Establish provisions for long-term responsibility for and maintenance
of stormwater management control devices and techniques to manage
the quality and quantity of stormwater runoff.
(10)
Provide effective control of soil erosion and sediment deposition
and to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources.
B. This chapter supplements and is to be applied in conjunction with
Frederick County building code, subdivision, and zoning ordinances as they apply to the development or subdivision of land
within the County.
In addition to the definitions set forth in 9 VAC 25-870-10
of the Virginia Stormwater Management Program (VSMP) Regulations,
9 VAC 25-840-10 of the Virginia Erosion and Sediment Control (VESC)
Regulations, and 9 VAC 25-850-10 of the Virginia Erosion and Sediment
Control and Stormwater Management Certification (VSMC) Regulations,
which are expressly adopted and incorporated herein by reference,
the following words and terms used in this chapter have the following
meanings for the purposes of this chapter, unless the context clearly
indicates otherwise:
ADMINISTRATOR
The Virginia Stormwater Management Program (VSMP) authority
and Virginia Erosion and Sediment Control Program (VESCP) authority
has been designated to the Frederick County Public Works Department
responsible for administering the VSMP and VESCP on behalf of Frederick
County, Virginia.
AGREEMENT IN LIEU OF PLAN
A contract between the VESCP authority and the owner that
specifies conservation measures that must be implemented in the construction
of a single-family residence. This contract may be executed by the
VESCP authority in lieu of a formal site plan for the residence.
AGREEMENT IN LIEU OF STORMWATER MANAGEMENT PLAN
A contract between the VSMP authority and the owner or permittee
that specifies methods that shall be implemented to comply with the
requirements of a VSMP for the construction of a single-family residence;
such contract may be executed by the VSMP authority in lieu of a stormwater
plan.
APPLICANT
Any person applying for a land disturbance permit and/or
a stormwater permit or any person submitting an erosion and sediment
control plan for approval or any person submitting a stormwater management
plan for approval.
BEST MANAGEMENT PRACTICE IMPLEMENTATION PLAN or BMP IMPLEMENTATION
PLAN
A site-specific design plan for the implementation of BMPs
on an individual single-family lot or other parcel with less than
one acre of land disturbance within a larger common plan of development.
The BMP implementation plan provides detailed information on the implementation
of the SWM pollutant load and volume reduction BMP and other requirements
for the individual lot or parcel as detailed in the SWPPP and SWM
plans of the VSMP permit for the larger common plan of development.
BEST MANAGEMENT PRACTICE or BMP
Schedules of activities, prohibitions of practices, including
both structural and nonstructural practices, maintenance procedures,
and other management practices to prevent or reduce the pollution
of surface waters and groundwater systems from the impacts of land-disturbing
activities.
BOARD
The Virginia State Water Control Board.
CERTIFICATE OF COMPETENCE
A certificate of competence, issued to an individual from
the Board, or successful completion, within one year after enrollment,
of the Board's training program for:
A.
Project inspection for ESC;
B.
Project inspection for SWM;
C.
Plan review for ESC, or is licensed as a professional engineer,
architect, certified landscape architect or land surveyor pursuant
to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title
54.1 of the Code of Virginia;
E.
Program administration for ESC;
F.
Administration for SWM; or
G.
Responsible land disturber, or is licensed as a professional
engineer, architect, certified landscape architect or land surveyor
pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4
of Title 54.1 of the Code of Virginia.
CHANNEL
A natural or man-made waterway.
CLEAN WATER ACT or CWA
The Federal Clean Water Act (33 U.S.C. § 1251 et
seq.), formerly referred to as the Federal Water Pollution Control
Act or Federal Water Pollution Control Act Amendments of 1972, Public
Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public
Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
CLEARING
Any activity which removes vegetative ground cover, including,
but not limited to, root material removal or topsoil removal.
COMMENCEMENT OF LAND DISTURBANCE
The initial disturbance of soils associated with clearing,
grading, or excavating activities or other construction activities
(e.g., stockpiling of soil fill material).
COMMON PLAN OF DEVELOPMENT
The contiguous area of a proposed residential, commercial,
or industrial subdivision where the timing of the development of any
one or multiple lots or parcels may result in separate and distinct
construction activities taking place at different times on different
schedules.
CONTROL MEASURE
Any best management practice or stormwater facility other
method used to prevent or reduce the discharge of pollutants to surface
waters.
COUNTY
County of Frederick, Virginia.
DEPARTMENT
The Department of Environmental Quality.
DESIGN STORM
For purposes of addressing quantity control provisions of §
143-165, means the one-year, two-year, ten-year, twenty-four-hour design storms as defined in §
143-145E. The design storm for purposes of complying with the water quality provisions of §
143-165C is the one-inch rainfall depth as applied with the Virginia Runoff Reduction Method.
DEVELOPMENT
Either or both of the following:
A.
Land disturbance and the resulting landform associated with
the construction of residential, commercial, industrial, institutional,
recreation, transportation or utility facilities or structures or
the clearing of land for nonagricultural or nonsilvicultural purposes.
B.
A tract or parcel of land developed or to be developed as a
single unit under single ownership or unified control which is to
be used for any business or industrial purpose or is to contain three
or more residential dwelling units.
DIRECTOR
The Director of Frederick County Public Works or assigned
designee.
DRAINAGE AREA
A land area, water area, or both, from which runoff flows
to a common point.
EROSION AND SEDIMENT CONTROL (ESC) PLAN or PLAN
A document containing material for the conservation of soil
and water resources of a unit or group of units of land. It may include
appropriate maps, an appropriate soil and water plan inventory and
management information with needed interpretations, and a record of
decisions contributing to conservation treatment. The plan shall contain
all major conservation decisions to ensure that the entire unit or
units of land will be so treated to achieve the conservation objectives.
EROSION CONTROL HANDBOOK
The Virginia Erosion and Sediment Control Handbook and/or
a locally adopted erosion and sediment control handbook with such
amendments, modifications and supplements as may, from time to time,
be properly adopted.
EROSION IMPACT AREA
An area of land not associated with current activity but
subject to persistent soil erosion resulting in the delivery of sediment
onto neighboring properties or into state waters. This definition
shall not apply to any lot or parcel of land of 10,000 square feet
or less used for residential purposes or to shorelines where the erosion
results from wave action or other coastal processes.
EXCAVATING
Any digging, scooping or other methods of removing earth
materials.
FILLING
Any depositing or stockpiling of earth materials.
FINAL STABILIZATION
One of the following situations has occurred:
A.
All soil-disturbing activities at the site have been completed
and a permanent vegetative cover has been established on denuded areas
not otherwise permanently stabilized. Permanent vegetation shall not
be considered established until a ground cover is achieved that is
uniform (e.g., evenly distributed), mature enough to survive, and
will inhibit erosion.
B.
For individual lots in residential construction, final stabilization
can occur by either:
(1)
The homebuilder completing final stabilization as specified in Subsection
A of this definition; or
(2)
The homebuilder establishing temporary stabilization, including
perimeter controls for an individual lot prior to occupation of the
home by the homeowner, and informing the homeowner of the need for,
and benefits of, final stabilization.
C.
For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters, and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization criteria specified in Subsection
A of this definition.
FLOOD FRINGE
The portion of the floodplain outside the floodway that is
usually covered with water from the 100-year flood or storm event.
This includes, but is not limited to, the flood or floodway fringe
designated by the Federal Emergency Management Agency.
FLOODING
A volume of water that is too great to be confined within
the banks or walls of the stream, water body or conveyance system
and that overflows onto adjacent lands, thereby causing or threatening
damage.
FLOODPLAIN
The area adjacent to a channel, river, stream, or other water
body that is susceptible to being inundated by water normally associated
with the 100-year flood or storm event. This includes, but is not
limited to, the floodplain designated by the Federal Emergency Management
Agency.
FLOOD-PRONE AREA
The component of a natural or restored stormwater conveyance
system that is outside the main channel. Flood-prone areas may include,
but are not limited to, the floodplain, the floodway, the flood fringe,
wetlands, riparian buffers, or other areas adjacent to the main channel.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas, usually associated with flowing water, that must be reserved
to discharge the 100-year flood or storm event without cumulatively
increasing the water surface elevation more than one foot. This includes,
but is not limited to, the floodway designated by the Federal Emergency
Management Agency.
GENERAL PERMIT
A state permit authorizing a category of discharges under
the CWA and the Act within a geographical area.
GRADING
Any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled conditions.
HYDROLOGIC UNIT CODE or HUC
A watershed unit established in the most recent version of
Virginia's 6th Order National Watershed Boundary Dataset.
IMMEDIATELY
As soon as practicable, but no later than that end of the
next workday, following the day when the land-disturbing activities
have temporarily or permanently ceased. In the context of this permit
issued under this chapter, "immediately" is used to define the deadline
for initiating stabilization measures.
IMPAIRED WATERS
Surface waters identified as impaired on the most recent
Water Quality Assessment Integrated Report.
IMPERVIOUS COVER
A surface composed of material that significantly impedes
or prevents natural infiltration of water into soil.
INFEASIBLE
Not technologically possible or not economically practicable
and achievable in light of best industry practices.
INITIATION OF STABILIZATION ACTIVITIES
A.
Prepping the soil for vegetative or nonvegetative stabilization;
B.
Applying mulch or other nonvegetative product to the exposed
area;
C.
Seeding or planting the exposed area;
D.
Starting any of the above activities on a portion of the area
to be stabilized, but not on the entire area; or
E.
Finalizing arrangements to have the stabilization product fully
installed in compliance with the applicable deadline for completing
stabilization.
INSPECTION
An on-site review of the project's compliance with the VESCP
authority land-disturbing permit or VSMP authority permit, and any
applicable design criteria, or an on-site review to obtain information
or conduct surveys or investigations necessary in the implementation
or enforcement of this chapter.
KARST AREA
Any land area predominantly underlain at the surface or shallow
subsurface by limestone, dolomite, or other soluble bedrock regardless
of any obvious surface karst features.
KARST FEATURES
Sinkholes, sinking and losing streams, caves, large flow
springs, and other such landscape features found in karst areas.
LAND DISTURBANCE or LAND-DISTURBING ACTIVITY
Any man-made change to the land surface that potentially
changes its runoff characteristics, including but not limited to clearing,
grading, or excavation, except that the term shall not include those
exemptions specified in § 62.1-44.15:34 and § 62.1-44.15:51,
Code of Virginia, and in this chapter.
LAND-DISTURBING PERMIT OR APPROVAL
A permit or other form of approval issued by the County for
the clearing, filling, excavating, grading, transporting of land or
for any combination thereof or for any similar activity.
LAYOUT
A conceptual drawing sufficient to provide for the specified
stormwater management facilities required at the time of approval.
LOCALIZED FLOODING
Smaller-scale flooding that may occur outside of a stormwater
conveyance system. This may include high water, ponding, or standing
water from stormwater runoff, which is likely to cause property damage
or unsafe conditions.
MAIN CHANNEL
The portion of the stormwater conveyance system that contains
the base flow and small frequent storm events.
MAJOR MODIFICATION
For the purposes of this chapter, the modification or amendment
of an existing state permit before its expiration that is not a minor
modification as defined in this regulation.
MINOR MODIFICATION
For the purposes of this chapter, minor modification or amendment
of an existing state permit before its expiration for the reasons
listed at 40 CFR 122.63 and as specified in 9 VAC 25-870-640. "Minor
modification," for the purposes of this chapter, also means other
modifications and amendments not requiring extensive review and evaluation
including, but not limited to, changes in EPA-promulgated test protocols,
increasing monitoring frequency requirements, changes in sampling
locations, and changes to compliance dates within the overall compliance
schedules. A minor state permit modification or amendment does not
substantially alter state permit conditions, substantially increase
or decrease the amount of surface water impacts, increase the size
of the operation, or reduce the capacity of the facility to protect
human health or the environment.
NATURAL CHANNEL DESIGN CONCEPTS
The utilization of engineering analysis based on fluvial
geomorphic processes to create, rehabilitate, restore, or stabilize
an open conveyance system for the purpose of creating or recreating
a stream that conveys its bank full storm event within its banks and
allows larger flows to access its floodplain.
NATURAL STREAM
A tidal or nontidal watercourse that is part of the natural
topography. It usually maintains a continuous or seasonal flow during
the year and is characterized as being irregular in cross section
with a meandering course. Constructed channels such as drainage ditches
or swales shall not be considered natural streams; however, channels
designed utilizing natural channel design concepts may be considered
natural streams.
OPERATOR
The owner or operator of any facility or activity subject
to regulation under this chapter.
OWNER
The owner or owners of the freehold of the premises or lesser
estate therein, mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, or other person, firm, or corporation
in control of a property.
PEAK FLOW RATE
The maximum instantaneous flow from a prescribed design storm
at a particular location.
PERCENT IMPERVIOUS
The impervious area within the site divided by the area of
the site multiplied by 100.
PERMIT or VSMP AUTHORITY PERMIT
An approval to conduct a land-disturbing activity issued
by the Frederick County Public Works Department, the permit-issuing
VSMP authority, for the initiation of a land-disturbing activity after
evidence of coverage under the general permit for discharges of stormwater
from construction activities found in 9 VAC 25-880 et seq. of the
Virginia Stormwater Management Program Regulations has been provided.
A person shall not conduct any land-disturbing activity until he has
submitted a permit application to the VSMP authority that includes
a state VSMP permit registration statement, if such statement is required,
a stormwater management plan or an executed agreement in lieu of a
stormwater plan and has obtained VSMP authority approval to begin
land disturbance.
PERMITTEE
The person to whom the land-disturbing permit or approval
is issued, and/or the person to whom the VSMP permit is issued, and/or
the person who certifies that the approved erosion and sediment control
plan will be followed and/or the person who certifies that the approved
stormwater plan will be followed.
PERSON
Any individual, corporation, partnership, association, state,
municipality, commission, or political subdivision of a state, governmental
body, including federal, state, or local entity as applicable, any
interstate body or any other legal entity.
POST DEVELOPMENT
Refers to conditions that reasonably may be expected or anticipated
to exist after completion of the land development activity on a specific
site.
PREDEVELOPMENT
Refers to the conditions that exist at the time that plans
for the land development of a tract of land are submitted to the plan
approval VSMP authority. Where phased development or plan approval
occurs (preliminary grading, demolition of existing structures, roads,
and utilities, etc.), the existing conditions at the time prior to
the first item being submitted shall establish predevelopment conditions.
PRIOR DEVELOPED LAND
Land that has been previously utilized for residential, commercial,
industrial, institutional, recreation, transportation or utility facilities
or structures, and that will have the impervious areas associated
with those uses altered during a land-disturbing activity.
QUALIFIED PERSONNEL
A person knowledgeable in the principles and practices of
erosion and sediment and stormwater management controls who possesses
the skills to assess conditions at the construction site for the operator
that could impact stormwater quality and quantity and who assesses
the effectiveness of any sediment and erosion control measures or
stormwater management facilities selected to control the quality and
quantity of stormwater discharges from the construction activity.
REGULATIONS
The Virginia Stormwater Management Program (VSMP) Regulations,
9 VAC 25-870-10 et seq., as amended; the Virginia Erosion and Sediment
Control Regulations, 9 VAC 25-840-10 et seq., as amended; or the general
VPDES permit regulations, 9 VAC 25-880-10 et seq., as amended.
RESPONSIBLE LAND DISTURBER
An individual from the project or development team, who will
be in charge and responsible for carrying out a land-disturbing activity
covered by an agreement in lieu of a plan, when applicable, or an
approved erosion and sediment control plan, who:
A.
Holds a certificate of competence as a responsible land disturber;
or
B.
Holds a current certificate of competence from the Board in
the area of inspection; or
C.
Holds a current contractor certificate of competence for erosion
and sediment control; or
D.
Is licensed in Virginia as a professional engineer, architect,
certified landscape architect or land surveyor pursuant to § 54.1-400
et seq. of Chapter 4 of Title 54.1 of the Code of Virginia.
RUNOFF or STORMWATER RUNOFF
That portion of precipitation that is discharged across the
land surface or through conveyances to one or more waterways.
RUNOFF VOLUME
The volume of water that runs off the site from a prescribed
design storm.
SITE
The land or water area where any facility or activity is
physically located or conducted, a parcel of land being developed,
or a designated area of a parcel in which the land development project
is located. Also, means the land or water area where any facility
or land-disturbing activity is physically located or conducted, including
adjacent land used or preserved in connection with the facility or
land-disturbing activity.
SITE HYDROLOGY
The movement of water on, across, through and off the site
as determined by parameters including, but not limited to, soil types,
soil permeability, vegetative cover, seasonal water tables, slopes,
land cover, and impervious cover.
STATE
The Commonwealth of Virginia.
STATE PERMIT
An approval to conduct a land-disturbing activity issued
by the Board in the form of a state stormwater individual permit or
coverage issued under a state general permit or an approval issued
by the Board for stormwater discharges from a municipal separate storm
sewer system (MS4). Under these state permits, the state imposes and
enforces requirements pursuant to the federal Clean Water Act and
regulations, the Act, and this chapter. As the mechanism that imposes
and enforces requirements pursuant to the federal Clean Water Act
and regulations, a state permit for stormwater discharges from an
MS4 and, after June 30, 2014, a state permit for conducting a land-disturbing
activity issued pursuant to the Virginia Stormwater Management Act,
are also types of Virginia Pollutant Discharge Elimination System
(VPDES) permits. "State permit" does not include any state permit
that has not yet been the subject of final Board action, such as a
draft state permit. Approvals issued pursuant to this chapter, 9 VAC
25-880, and 9 VAC 25-890 are not issuances of a permit under § 62.1-44.15:01
of the Code of Virginia.
STATE WATERS
All water, on the surface and under the ground, wholly or
partially within or bordering the commonwealth or within its jurisdiction,
including wetlands.
STORMWATER
Precipitation that is discharged across the land surface
or through conveyances to one or more waterways and that may include
stormwater runoff, snow melt runoff, and surface runoff and drainage.
STORMWATER CONVEYANCE SYSTEM
A combination of drainage components that are used to convey
stormwater discharge, either within or downstream of the land-disturbing
activity. This includes:
C.
RESTORED CONVEYANCE SYSTEMA stormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel.
STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
A discharge of stormwater runoff from areas where land-disturbing
activities (e.g., clearing, grading, or excavation); construction
materials or equipment storage or maintenance (e.g., fill piles, borrow
area, concrete truck washout, fueling); or other industrial stormwater
directly related to the construction process (e.g., concrete or asphalt
batch plants) are located.
STORMWATER MANAGEMENT CONCEPT PLAN
Documents developed at the preliminary plan, zoning, or other
state of the development process that establish the initial layout
of the development along with sufficient information to ensure that
the final development stormwater management plan will comply with
this chapter.
STORMWATER MANAGEMENT FACILITY
A control measure that controls stormwater runoff and changes
the characteristics of that runoff including, but not limited to,
the quantity and quality, the period of release or the velocity of
flow.
STORMWATER MANAGEMENT PLAN
Documents containing material for describing methods for
complying with the requirements of this chapter and the VSMP permit
regulations.
STORMWATER POLLUTION PREVENTION PLAN or SWPPP
Documents prepared in accordance with good engineering practices
and that identify potential sources of pollutants that may reasonably
be expected to affect the quality of stormwater discharges from the
construction site. In addition, the document shall identify and require
the implementation of control measures, and shall include, but not
be limited to, the inclusion of and/or the incorporation by reference
of an approved erosion and sediment control plan, an approved stormwater
management plan, and a pollution prevention plan.
STORMWATER POLLUTION PREVENTION PLAN TEMPLATE or SWPPP TEMPLATE
Documents intended to be used for single-family residential
construction activity that disturbs less than one acre of land and
is part of a larger common plan of development to identify all applicable
requirements of the SWPPP that was developed for the larger common
plan of development.
SUBDIVISION
The same as defined in the Frederick County Subdivision Ordinance (Chapter
144 of Frederick County, Virginia, Code).
SURFACE WATERS
A.
All waters that are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters that are subject to the ebb and flow of the tide;
B.
All interstate waters, including interstate wetlands;
C.
All other waters such as intrastate lakes, rivers, streams (including
intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, or natural ponds the use, degradation,
or destruction of which would affect or could affect interstate or
foreign commerce, including any such waters:
(1)
That are used or could be used by interstate or foreign travelers
for recreational or other purposes;
(2)
From which fish or shellfish are or could be taken and sold
in interstate or foreign commerce; or
(3)
That are used or could be used for industrial purposes by industries
in interstate commerce;
D.
All impoundments of waters otherwise defined as surface waters
under this definition;
E.
Tributaries of waters identified in Subsections
A through
D of this definition;
G.
Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in Subsections
A through
F of this definition.
TOTAL MAXIMUM DAILY LOAD or TMDL
The sum of the individual wasteload allocations for point
sources, load allocations for nonpoint sources, natural background
loading and a margin of safety. TMDLs can be expressed in terms of
either mass per time, toxicity, or other appropriate measure. The
TMDL process provides for point versus nonpoint source trade-offs.
TOWN
Either of the incorporated Towns of Middletown or Stephens
City.
VIRGINIA EROSION AND SEDIMENT CONTROL PERMIT PROGRAM AUTHORITY
The County, which has adopted a soil erosion and sediment
control program that has been approved by the Board, is the Virginia
Erosion and Sediment Control Permit Program authority for issuance
of land-disturbing permits, plan review, inspections, and enforcement
of compliance with applicable laws and regulations, in the County
and in the Towns of Middletown and Stephens City.
VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM or VESCP
A program approved by the Board that has been established
by a VESCP authority for the effective control of soil erosion, sediment
deposition, and nonagricultural runoff associated with a land-disturbing
activity to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources and shall include items
where applicable as local ordinances, rules, permit requirements,
annual standards and specifications, policies and guidelines, technical
materials, and requirements for plan review, inspection, enforcement
where authorized in this chapter, and evaluation consistent with the
requirements of this chapter and its associated regulations.
VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM (VESCP) LAND DISTURBANCE
or VESCP LAND-DISTURBING ACTIVITY
Any man-made change to the land surface that may result in
soil erosion from water or wind and the movement of sediments into
state waters or onto lands in the state, including, but not limited
to, clearing, grading, excavating, transporting, and filling of land,
except that the term shall not include:
A.
Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
B.
Individual service connections;
C.
Installation, maintenance, or repair of any underground public
utility lines when such activity occurs on an existing hard-surfaced
road, street or sidewalk, provided the land-disturbing activity is
confined to the area of the road, street or sidewalk that is hard
surfaced;
D.
Septic tank lines or drainage fields unless included in an overall
plan for land-disturbing activity relating to construction of the
building to be served by the septic tank system;
E.
Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted pursuant to Title 45.1;
F.
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulation, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection
B of § 10.1-1163 of the Code of Virginia;
G.
Repair or rebuilding of the tracks, right-of-way, bridges, communication
facilities and other related structures and facilities of a railroad
company;
H.
Agricultural engineering operations, including but not limited
to the construction of terraces, terrace outlets, check dams, desilting
basins, dikes, ponds not required to comply with the provisions of
the Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter
6 of Title 10.1 of the Code of Virginia, ditches, strip cropping,
lister furrowing, contour cultivating, contour furrowing, land drainage
and land irrigation;
I.
Disturbed land areas of less than 10,000 square feet in size;
however, the governing body of the program authority may reduce this
exception to a smaller area of disturbed land or qualify the conditions
under which this exception shall apply;
J.
Installation of fence and signposts or telephone and electric
poles and other kinds of posts or poles;
K.
Shoreline erosion control projects on tidal waters when all
of the land-disturbing activities are within the regulatory authority
of and approved by local wetlands boards, the Marine Resources Commission
or the United States Army Corps of Engineers; however, any associated
land that is disturbed outside of this exempted area shall remain
subject to this and the regulations adopted pursuant thereto; and
L.
Emergency work to protect life, limb or property, and emergency
repairs; however, if the land-disturbing activity would have required
an approved erosion and sediment control plan, if the activity were
not an emergency, then the land area disturbed shall be shaped and
stabilized in accordance with the requirements of the VESCP authority.
VIRGINIA STORMWATER BMP CLEARINGHOUSE WEBSITE
A website that contains detailed design standards and specifications
for control measures that may be used in Virginia to comply with the
requirements of the Virginia Stormwater Management Act and associated
regulations.
VIRGINIA STORMWATER MANAGEMENT HANDBOOK
A collection of pertinent information that provides general
guidance for compliance with the Act and associated regulations and
is developed by the Department with advice from a stakeholder advisory
committee.
VIRGINIA STORMWATER MANAGEMENT PROGRAM AUTHORITY or VSMP AUTHORITY
The County, which has adopted a stormwater management program
that has been approved by the Board, is the VSMP authority for issuance
of VSMP authority permits, plan review, inspections, and enforcement
of compliance with applicable laws and regulations in the County and
in the Towns of Middletown and Stephens City. A program approved by
the Board after September 13, 2011, to manage the quality and quantity
of runoff resulting from land-disturbing activities and shall include
such items as local ordinances, rules, permit requirements, annual
standards and specifications, policies and guidelines, technical materials,
and requirements for plan review, inspection, enforcement, where authorized
in the Act and associated regulations, and evaluation consistent with
the requirements of the Act and associated regulations.
VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP
The program established by the County and approved by the
Board to manage the quality and quantity of runoff resulting from
land-disturbing activities and includes the County's local ordinance
and requirements for plan review, inspection, enforcement, permit
requirements, policies and guidelines, and technical materials.
VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP) LAND DISTURBANCE
or VSMP LAND-DISTURBING ACTIVITY
A man-made change to the land surface that potentially changes
its runoff characteristics, including clearing, grading, or excavation,
except that the term shall not include:
A.
Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted under the provisions
of Title 45.1.
B.
Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection
B of § 10.1-1163 of the Code of Virginia.
C.
Single-family residences separately built and disturbing less
than one acre and not part of a larger common plan of development
or sale, including additions or modifications to existing single-family
detached residential structures.
D.
Land-disturbing activities that disturb less than one acre of
land area except for activities that are part of a larger common plan
of development or sale that is one acre or greater of disturbance.
E.
Discharges to a sanitary sewer or a combined sewer system.
F.
Activities under a state or federal reclamation program to return
an abandoned property to an agricultural or open land use.
G.
Routine maintenance that is performed to maintain the original
line and grade, hydraulic capacity, or original construction of the
project. The paving of an existing road with a compacted or impervious
surface and reestablishment of existing associated ditches and shoulders
shall be deemed routine maintenance if performed in accordance with
this subsection.
H.
Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VSMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of §
143-130, including a registration statement that substantiates the occurrence of an emergency, is required within 30 days of commencing the land-disturbing activity.
WASTELOAD ALLOCATION or WASTELOAD or WLA
The portion of a receiving surface water's loading or assimilative
capacity allocated to one of its existing or future point sources
of pollution. WLAs are a type of water-quality-based effluent limitation.
WATERSHED
A defined land area drained by a river or stream, karst system,
or system of connecting rivers or streams such that all surface water
within the area flows through a single outlet. In karst areas, the
karst feature to which the water drains may be considered the single
outlet for the watershed.
WETLANDS
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.