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PublicWorksCommitteeReport2025January28 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday,January 28, 2025 8:00 a.m. Public Works Conference Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Heather Lockridge, Chair;Josh E. Ludwig; Joseph Brand; Bob McDonald Committee Members Absent: Atilla Gergely Staff present:Joe C. Wilder, Director of Public Works; Christina Tasker, Animal Shelter Manager (Attachment 1)Agenda Packet ITEM REQUIRING ACTION 1-Discuss and review revisions to county code—Chapter 143—Stormwater/Erosion and Sediment Control ordinance: Recently,the Virginia Department of Environmental Quality (DEQ) has adopted new regulations related to stormwater management and erosion and sediment control.The new regulation is 9VAC25-875-00. In order for the ordinance to stay in compliance with the new state regulations, we must update the local ordinance.The committee was updated on the particular sections of the ordinance that have been revised to meet the new program changes. Supervisor Ludwig made a motion to recommend approval of the revised ordinance and to forward it to the Board of Supervisors for approval.The motion was seconded by committee member Brand and unanimously approved by the committee. The revised ordinance does not need a public hearing since the only proposed changes are related to state program changes.The ordinance has also been reviewed by the County Attorney's Office. We request this ordinance revision be placed on a future Board of Supervisors meeting agenda for discussion and approval. ITEMS FOR INFORMATION ONLY 1-Discuss the placement of a new monument sign for the Frederick County Animal Shelter: Currently there is a very small sign that was built by an Eagle Scout over 15 years ago. The animal shelter plans to reset the existing sign near the building. The animal shelter would like to place a new 50 square feet digital/monument sign along Fort Collier Road in front of the Northwestern Regional Adult Detention Center. The funds to purchase the sign would be from the donation fund reserve account. Therefore, no local funds would be needed. The sign would help citizens find the animal shelter, allow staff to make announcements regarding upcoming events, and post animals for adoption. The committee supports the idea of placing the sign.This office will do more research and determine actual costs to construct the new sign and will plan to come back to the committee during the March meeting with updates and to seek funding for the sign from the donation reserve fund. 3-Renaissance Drive Extension project update: The committee was informed that CSX Transportation is supposed to arrive at the Renaissance Drive project in February to construct the at grade crossing. Respectfully submitted, Public Works Committee Heather Lockridge Josh E. Ludwig Atilla Gergely Joseph Brand Bob McDonald By: Joe C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Michael Bollhoefer, County Administrator Austin Cano, Interim County Attorney Christina Tasker, Animal Shelter Manager file C Attachment 1 yy COUNTY of FREDERICK Department of Public Works 40/ - 4 `Mal td° °�4� / 78- , MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Meeting of January 28, 2025 DATE: January 22, 2025 There will be a meeting of the Public Works Committee on Tuesday, January 28, 2025, at 8:00 a.m. in the conference room located on the second floor of the north end of the County Administration Building at 107 North Kent Street, Suite 200. The agenda thus far is as follows: 1. Discuss and review revisions to County Code— Chapter 143 — Stormwater/Erosion and Sediment Control Ordinance. (Attachment 1) 2. Discuss the placement of a new monument sign for the Frederick County Animal Shelter. 3. Update on projects. 4. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 2) b. Recycling Report (Attachment 3) C. Animal Shelter Dog Report: (Attachment 4) d. Animal Shelter Cat Report (Attachment 5) JCW/kco Attachments: as stated 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 Draft Stormwater/Erosion and Sediment Control Ordinance Frederick County, Virginia. — Proposed County Code Chapter 143 1-13-2 25 REVISION §143-100 Purpose 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. 1 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. §143-105 Authority A. This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.3 (§ 62.1-44.15:24 et seq.), known as the "Virginia Erosion and Stormwater Management Act"(VESMA) B. Pursuant to the Code of Virginia § 62.1-44.15:54, the Frederick County Public Works Department is designated as the Virginia Erosion and Sediment Control Program (VESCP) authority to operate a Virginia Erosion and Sediment Control Program in Frederick County, Virginia and for the Towns of Middletown and Stephens City in compliance with all required elements hereto. C. Pursuant to the Code of Virginia § 62.1-44.15:27, the Frederick County Public Works Department is designated as a Virginia Stormwater Management Program (VSMP) authority to operate a Virginia Stormwater Management Program in Frederick County, Virginia and for the Towns of Middletown and Stephens City in compliance with all required elements hereto. §143-110 Definitions In addition to the definitions set forth in 9VAC25-875-20 of the Virginia Erosion and Stormwater Management Regulation, 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 Erosion and Stormwater Management Program (VESMP) authority has been designated to the Frederick County Public Works Department responsible for administering the VESMP on behalf of Frederick County, Virginia. AGREEMENT IN LIEU OF AN EROSION AND SEDIMENT CONTROL PLAN A contract between the VESMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of VESMA and this chapter for the construction of a(i) single-family residential structure or(ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of 2 less than 5.0%; such contract may be executed by the VESMP authority in lieu of a soil erosion control and stormwater management plan or by the department acting as a VSMP authority in lieu of a stormwater management plan.. AGREEMENT IN LIEU OF STORMWATER MANAGEMENT PLAN A contract between the VESMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VESMP for the construction of a single-family residence; such contract may be executed by the VESMP authority in lieu of a stormwater plan. APPLICANT Any person submitting a soil erosion control and stormwater management plan to a VESMP authority, or a stormwater management plan to the department when it is serving as a VSMP authority, for approval in order to obtain authorization to commence a land- disturbing activity. BEST MANAGEMENT PRACTICE or BMP Schedules of activities,prohibitions of practices, maintenance procedures, and other management practices, including both structural and nonstructural practices, to prevent or reduce the pollution of surface waters and groundwater systems. 1. "Nonproprietary best management practice" means both structural and nonstructural practices to prevent or reduce the pollution of surface waters and groundwater systems that are in the public domain and are not protected by trademark or patent or copyright. 2. "Proprietary best management practice" means both structural and nonstructural practices to prevent or reduce the pollution of surface waters and groundwater systems that are privately owned and controlled and may be protected by trademark or patent or copyright. BEST MANAGEMENT PRACTICE IMPLEMENTATION PLAN or BMP IMPLENTATION PLAN Is 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 VESMP Permit for the larger common plan of development. BOARD The Virginia State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality. CERTIFICATION 3 The designation issued by the department, on behalf of the Commonwealth, to individuals who have completed department-approved training programs and met any additional eligibility requirements or in other ways demonstrated adequate knowledge and experience in accordance with the eligibility requirements of 9VAC25-875-410 related to the specified classifications (9VAC25-875-400)within the separate subject areas of ESC or SWM or both. CHANNEL A natural stream or manmade waterway. CLEAN WATER ACT OR CWA The federal Clean Water Act(33 USC §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 where separate and distinct construction activities may be taking place at different times on different schedules. CONTROL MEASURE Any BMP, stormwater facility, or other method used to minimize the discharge of pollutants to state 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, 10-year, 24-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: 4 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 non-agricultural or non- silvicultural 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 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 construction 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),provides 75% or more vegetative cover with no significant bare areas, is mature enough to survive, and will inhibit erosion. 5 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. The homebuilder shall maintain a copy of the written notification and a signed statement certifying that the information was provided to the homeowner in accordance with the stormwater pollution prevention plan recordkeeping requirements as specified in Part II G 6 of 9VAC25-880-70 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 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 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 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 6 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 permit authorizing a category of discharges under the CWA and the VESMA 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 unless specifically identified as another order. IMMEDIATELY As soon as practicable, but no later than the end of the next business day, following the day when the construction activities have temporarily or permanently ceased. In the context of this general permit, "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 ACTIVIES: A. Prepping the soil for vegetative or non-vegetative stabilization; B. Applying mulch or other non-vegetative 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 7 E. Finalizing arrangements to have the stabilization product fully installed in compliance with the applicable deadline for completing stabilization. INSPECTION An onsite review of the project's compliance with any applicable design criteria, or an onsite review to obtain information or conduct surveys or investigations necessary in the implementation or enforcement of the VESMA, ESCL, and applicable regulations. 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 A manmade change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land. LAND-DISTURBANCE APPROVAL An approval allowing a land-disturbing activity to commence issued by (i) a VESMP or VSMP authority after the requirements of§ 62.1-44.15:34 of the Code of Virginia have been met or(ii) a VESCP authority after the requirements of§ 62.1-44.15:55 of the Code of Virginia have been met. 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. MANMADE Constructed by man. 8 MEASURABLE STORM EVENT A rainfall event producing 0.25 inches of rain or greater over 24 hours or snow melt from a snow event producing 3.25 inches or more of snow within a 24-hour period. 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 9VAC25-875-1240. 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 and 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 bankfull storm event within its banks and allows larger flows to access its bankfull bench and 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 the VESMA and this chapter. In the context of stormwater associated with a large or small construction activity, "operator" means any person associated with a construction project that meets either of the following two criteria: (i)the person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications or(ii)the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit or VESMP authority permit conditions (i.e., the person is authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions). In the context of stormwater discharges from an MS4, "operator" means the operator of the regulated MS4 system.. OWNER 9 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 VESMP AUTHORITY PERMIT An approval to conduct a land-disturbing activity issued by the Frederick County Public Works Department, the permit-issuing VESMP 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 9VAC25-880 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 County that includes a state VESMP 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 County 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 VESMP 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. POINT OF DISCHARGE A location at which concentrated stormwater runoff is released. 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 or tract of land. PREDEVELOPMENT Refers to the conditions that exist at the time that plans for the land-disturbing activity are submitted to the plan approval VESMP authority. Where phased development or plan approval occurs (e.g. 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. 10 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 to assess 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. On or after July 1, 2025, "qualified personnel" shall hold an unexpired Dual Inspector certification issued by the department; an unexpired Inspector for Erosion and Sediment Control certification and an unexpired Inspector for Stormwater Management certification, both issued by the department ; a Construction General Permit Qualified Personnel Certificate issued by the department or the Virginia Department of Transportation; or an equivalent certification provided by EPA (currently titled Construction Inspection Training Course). REGULATIONS The Virginia Erosion and Stormwater Management Regulation, 9VAC25-875-10, et seq, as amended; or the general VPDES permit regulations, 9VAC 25-880-10 et seq., as amended. RESPONSIBLE LAND DISTURBER or"RLD" An individual holding a certificate issued by the department who is responsible for carrying out the land-disturbing activity in accordance with the approved erosion and sediment control plan. The RLD may be the owner, applicant,permittee, designer, superintendent,project manager, contractor, or any other project or development team member. The RLD must be designated on the erosion and sediment control plan or permit as defined in this chapter as a prerequisite for engaging in land disturbance. RUNOFF or STORMWATER RUNOFF That portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways. RUNOFF CHARACTERISTICS Include maximum velocity,peak flow rate, volume, and flow duration. RUNOFF VOLUME The volume of water that runs off the land development project from a prescribed storm event. SINGLE FAMILY RESIDENCE A noncommercial dwelling that is designed to be occupied exclusively by one family. 11 SITE 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 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, 9VAC25-880, and 9VAC25- 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: 1. MAN-MADE STORMWATER CONVEYANCE SYSTEM A pipe, ditch, vegetated Swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems; 2. NATURAL STORMWATER CONVEYANCE SYSTEM 12 The main channel of a natural stream and the flood-prone area adjacent to the main channel; or 3. RESTORED STORMWATER CONVEYANCE SYSTEM A 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 the quantity and quality, the period of release or the velocity of flow. STORMWATER MANAGEMENT HANDBOOK The Virginia Stormwater Management 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. STORMWATER MANAGEMENT PLAN Documents containing material describing methods for complying with the requirements of a VESMP. STORMWATER POLLUTION PREVENTION PLAN or SWPPP A document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges. A SWPPP required under a VESMP or VSMP for construction activities shall identify and require the implementation of control measures and shall include or incorporate by reference 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 13 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 1. 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; 2. All interstate waters, including interstate wetlands; 3. 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: a. That are or could be used by interstate or foreign travelers for recreational or other purposes; b. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or c. That are used or could be used for industrial purposes by industries in interstate commerce; 4. All impoundments of waters otherwise defined as surface waters under this definition; 5. Tributaries of waters identified in subdivisions 1 through 4 of this definition; 6. The territorial sea; and 7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subdivisions 1 through 6 of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA and the law, are not surface waters. Surface waters do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other agency, for the purposes of the CWA, the final authority regarding the CWA jurisdiction remains with EPA. 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 14 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 non-agricultural run-off 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. VIRGINA 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; 15 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; L 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 A collection that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the VESMA and associated regulations. VIRGINIA EROSION AND STORMWATER MANAGEMENT ACT or VESMA Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia. 16 VIRGINIA STORMWATER MANAGEMENT HANDBOOK a collection of pertinent information that provides general guidance for compliance with the VESMA and associated regulations and is developed by the department with advice from a stakeholder advisory committee. 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 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 (VSMP) LAND DISTURBANCE or VSMP LAND-DISTURBING ACTIVITY A manmade 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, desalting 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. 17 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 VESMP 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. VSMP CONSTRUCTION GENERAL PERMIT or CONSTRUCTION GENERAL PERMIT or CGP The General Permit for Discharges of Stormwater from Construction Activities found in 9VAC25-880 of the Virginia Stormwater Management Program Regulations 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 18 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. §143-125 Permits required; exemptions A. No person shall conduct a VESCP land-disturbing activity as defined in §143-110 until the County land-disturbing permit has been obtained from the Administrator and maintains in good standing, a permit entitling such person and any contractor or agent of such person to conduct such activity. No permit involving land-disturbing activity will be issued without an approved erosion and sediment control plan by Frederick County and certification that the plan will be carried out by the designated Responsible Land Disturber. Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all associated permits required by Federal, State, and local laws and regulations shall be obtained, and evidence of such permits submitted to the County. Reference: § 62.1-44.15:55 B. No person shall conduct a VSMP land-disturbing activity as defined in §143-110 until a Frederick County land-disturbing permit as required in Subsection A and a VESMP authority permit has been obtained from the Administrator and maintains in good standing, a permit entitling such person and any contractor or agent of such person to conduct such activity. No permit involving a VSMP land-disturbing activity will be issued without a stormwater management plan approved by the County. Reference: §62.1-44.15:34. A §143-130 Permit application A. Prior to issuance of a Frederick County land-disturbing permit for a VESCP land- disturbing activity, the following items must be submitted in accordance with the provisions of this chapter and approved: 1. Completed Frederick County land-disturbing permit application; 2. The approved erosion and sediment control plan or an executed agreement in lieu of an erosion and sediment control plan; 3. The performance bond(s) in compliance with §143-240; 4. The applicable permit fee; 5. Completed land disturbance permit fee calculation form; 6. All applicable outside agency approvals; and 7. Copies of all applicable local, state, and federal permits. 19 B. Prior to issuance of a Frederick County VSMP permit for a VSMP land-disturbing activity the following items must be submitted in accordance with the provisions of this chapter and approved: 1. The requirements of a land-disturbing permit application of Subsection A; 2. A Stormwater Pollution Prevention Plan (SWPPP)to include all required elements applicable to a VESMP land-disturbing activity; 3. A stormwater management plan or an executed agreement in lieu of a plan that complies with Virginia stormwater requirements and the County stormwater requirements as outlined in this regulation; 4. A VESMP Authority permit application/registration statement if such statement is required. A person shall not conduct any land-disturbing activity until he has submitted a permit application to the VESMP authority that includes a state VESMP permit statement if such statement is required. A registration statement is not required for a detached single-family home construction within or outside of a common plan of development or sale, but such projects must adhere to the requirements of the general permit; (§62.1-44.15:28.8) 5. All applicable fees 6. Evidence of coverage under the state general permit for discharges from construction activities through the state electronic database; and 7. BMP Maintenance Agreement Reference: 9VAC25-875-500; 9VAC25-875-510; 9VAC25-875-530; 9VAC25-875-535; 9VAC25-875-1290, et seq.; 62.1-44.15:34 C. Prior to issuing coverage under an existing VSMP Authority permit for a land-disturbing activity within a common plan of development, the following items must be addressed: 1. The requirements of a Frederick County land-disturbing permit application of Subsection A; 2. A Stormwater Pollution Prevention Plan (SWPPP)to include all required elements applicable to a VSMP and disturbing activity, or when the area of disturbance is less than one acre, a SWPPP Template and a BMP Implementation Plan consistent with the BMP performance goals of the common plan of development; and 3. A stormwater management plan that complies with Virginia stormwater requirements and the County stormwater requirements as outlined in this regulation. 20 D. Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation and submission of plans, obtaining approval of the required plans, and obtaining all required permits shall be the responsibility of the owner of the land. Reference: §62.1-44.15.34; 9VAC25-875-500; 9VAC25-875-510; §143-145 Applicable design standards, specifications and methods A. The standards contained within the Virginia Erosion and Stormwater Management Regulation (VESMR), the Virginia Stormwater Management Handbook (VSMH) (latest version), and any additional guidance provided by the VESMP Authority are to be used by the applicant in the preparation and submission of an erosion and sediment control plan, and by the VESMP Authority in considering the adequacy of a plan submittal. When the standards vary between the publications, the state regulations shall take precedence unless otherwise noted in this chapter. B. The latest approved version of BMPs found on the Virginia Stormwater BMP Clearinghouse Website or the Virginia DEQ website shall be utilized to effectively reduce the pollutant load and runoff volume as required in this chapter in accordance with the Virginia Runoff Reduction Method. Reference: 9VAC25-875-590 C. The erosion and sediment control plan and stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface run-off. Reference: 9VAC25-875-510 D. Proposed residential, commercial, or industrial subdivisions shall apply these stormwater management criteria to the development project as a whole. Individual lots or parcels shall not be considered separate development projects, but rather the entire subdivision shall be considered a single development project. Hydrologic parameters shall reflect the ultimate development and shall be used in all engineering calculations. Implementation of the plan may be phased or carried out by individual or separate applicants as referenced in §143-130.C. E. Unless otherwise specified, the following shall apply to the hydrologic computations of this section: 1. The prescribed design storms are the 1-year, 2-year, 10-year and 100-year 24-hour storms using the site-specific rainfall precipitation frequency data recommended by 21 the U.S. National Oceanic and Atmospheric Administration (NOAA) Atlas 14 and provided in the VA SWM Handbook. 2. All hydrologic analyses shall be based on the existing watershed characteristics and how the ultimate development condition of the subject project will be addressed. 3. The U.S. Department of Agriculture's Natural Resources Conservation Service (MRCS) synthetic 24-hour rainfall distribution and models, including, but not limited to TR-55 and TR-20, hydrologic and hydraulic methods developed by the U.S. Army Corps of Engineers, or other NRCS standard hydrologic and hydraulic methods, shall be used to conduct the analyses described in this part. 4. For purposes of computing predevelopment runoff, all pervious lands on the site shall be assumed to be in good hydrologic condition in accordance with the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) standards, regardless of conditions existing at the time of computation. 5. Pre-development and post-development runoff characteristics and site hydrology shall be verified by site inspections, topographic surveys, available soil mapping or studies, and calculations consistent with good engineering practices. Guidance provided in the Virginia Stormwater Management Handbook and by the Virginia Stormwater BMP Clearinghouse shall be considered appropriate practices. Reference: 9VAC25-875-600; 9VAC25-875-620 6. All proposed sediment control or stormwater impounding structures shall be designed in accordance with State standards. Reference: 9VAC25-875-650 §143-148 Grandfathering provisions A. Any VESMP land-disturbing activity shall be considered grandfathered by the VESMP authority and shall be subject to the technical criteria of Article 4 (9VAC25-875-670 et seq.) of the regulations provided: 1. A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat,preliminary or final site plan, or any document determined by the locality to be equivalent thereto (i)was approved by the locality prior to July 1, 2012, (ii)provided a layout as defined in 9VAC25-875-670, (iii)will comply with the Part II C technical criteria of this chapter, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff, 2. A state permit has not been issued prior to July 1, 2014; and 22 3. Land-disturbance did not commence prior to July 1, 2014. B. Locality, state, and federal projects shall be considered grandfathered by the VESMP authority and shall be subject to the technical criteria of Article 4 of this chapter provided: 1. There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012; 2. State permit has not been issued prior to July 1, 2014; and 3. Land disturbance did not commence prior to July 1, 2014. C. Land disturbing activities grandfathered under Subsections A and B of this section shall remain subject to the technical criteria of Article 4 of this chapter for one additional state permit cycle. After such time,portions of the project not under construction shall become subject to any new technical criteria adopted by the Board. D. In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Article 4. E. Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. Reference: 9VAC25-875-490, § 62.1-44.15:25, 62.1-44.15:28 §143-150 Stormwater pollution prevention plan components and applicability For each of the following activities as may be relevant, a stormwater pollution prevention plan (SWPPP) shall contain the indicated components: A. VESCP Activities: 1. General SWPPP requirements as described in §143-155; 2. An erosion and sediment control (ESC)plan or if single-family residential construction an agreement in lieu of an ESC plan as described in §143-160. B. VESMP land-disturbing activities: 1. General SWPPP requirements as described in §143-155; 2. An ESC plan or if single-family residential construction an agreement in lieu of an ESC plan as described in §143-160; 23 3. A SWM plan as described in §143-165; and 4. A PPP plan as described in §143-175. C. VESMP land-disturbing activities part of a larger Common Plan of Development shall include: 1. General SWPPP requirements as described in §143-155; 2. An ESC plan or if single family residential construction an agreement in lieu of an ESC plan as described in §143-160; 3. A SWM Plan as described in §143-165, or if less than 1 acre a BMP Implementation Plan or a completed SWPPP Template demonstrating compliance with all applicable elements of the approved SWPPP developed for the larger common plan of development. D. The requirements for a SWPPP as outlined in §9VAC25-875-500 shall be included with each plan submitted for review. Reference: § 62.1-44.15:34; 9VAC25-875-500; 9VAC25-875-510; 9VAC25-875-520; 9VAC25-875-550; 9VAC-880-70 Part 11. §143-155 General stormwater pollution prevention plan (SWPPP) requirements A. In addition to the applicable components as provided in §143-150, a Stormwater Pollution Prevention Plan (SWPPP) shall include all items identified within the Virginia General VPDES Permit for Discharges of Stormwater Construction Activity (General Permit No.: VAR10). B. Prior to engaging in the activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of a qualified person to the Administrator. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in §143-225. Reference: § 62.1-44.15:34 A, 62.1-44.15:55 B C. The SWPPP must be maintained at a central location on-site. If an on-site location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. The operator shall make SWPPP's and all updates available upon request to County personnel. Reference: 9VAC25-875-500 24 §143-160 Erosion and sediment control (ESC)program and plan requirements A. As stated in §143-150, Frederick County Public Works Department will be the program authority to operate the County's Erosion and Sediment Control Program. Pursuant to §62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The erosion control program of the County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person; B. As required in §143-150, an erosion and sediment control plan shall be developed and referenced into the SWPPP where a SWPPP is required. The erosion and sediment control plan shall not be considered approved until reviewed by a certified plan reviewer. When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken by the County within 45 days, the plan shall be deemed approved, and the person authorized to proceed with the proposed activity. C. The erosion and sediment control plan shall be designed to control stormwater volume and velocity within the site to minimize soil erosion and to minimize sediment discharges from the site by incorporating all the minimum standards as outlined in 9VAC25-875- 560, incorporate all requirements for flow rate capacity and velocity requirements as outlined in section 62.1-44.15:52.A of the Code of Virginia and incorporating the following performance goals to the maximum extent practicable: 1. The area of land disturbance at any one time shall be the minimum necessary to install and/or construct the proposed site improvements; 2. The installation and/or construction of the proposed site improvements shall be phased to limit the duration of exposed soils to the minimum time needed to construct and/or install the improvements in the immediate vicinity of the disturbance; 3. The disturbance and/or compaction of the existing native soils shall be minimized by directing construction traffic, material stockpiling, and other activities to only those areas of the site that are designated for proposed infrastructure (buildings, roads, parking areas, etc.); 4. Disturbance of slopes 15% or steeper shall be avoided to the maximum extent practicable given the proposed site improvements. When disturbance of steep slopes is unavoidable, or the resulting grade of exposed soil is 15% or greater, the area shall be stabilized immediately with an approved soil stabilization measure; 5. Existing topsoil shall be preserved to the maximum extent practical; 25 6. The selection and design of erosion and sediment controls shall be based on the expected frequency, intensity, and duration of precipitation, and the corresponding expected volume of runoff and sediment erosion, sedimentation, and transport during the land-disturbing activity: a. The volume and peak flow rate of runoff from the construction site should be estimated for the 2-year and/or 10-year design storms as required for the individual controls being considered using accepted NRCS hydrologic methods as described in the Virginia Stormwater Management Handbook, latest version; and b. The expected volume of sediment erosion, sedimentation, and transport during activities should be estimated considering the surface area, length, and slope of exposed soil, the soil horizons exposed by grading activities, and the range of soil particle sizes expected to be present. 7. Provide 50-foot natural vegetated buffers around surface waters, and direct stormwater to vegetated areas where feasible. Where infeasible, alternate practices that remove or filter sediment and maximize stormwater infiltration may be approved by the County in accordance with State standards; 8. Sediment basins and traps, when used in accordance with the requirements of the Virginia Stormwater Management Handbook, shall incorporate an outlet structure that discharges from the surface (i.e., above the permanent pool or wet storage water surface elevation). Reference: 9VAC25-880-70 Part ILB.2; 9VAC25-875-560 D. When the land-disturbing activity is part of a larger common plan of development, the ESC plan shall demonstrate compliance with the approved SWPPP for the larger common plan of development, and shall contain the following information and/or statements demonstrating compliance with the minimum standards of the erosion and sediment control regulations of the Board (9VAC25-875-560): 1. Compliance with the water quantity requirements of§62.1-44 et. seq. of the Code of Virginia shall be deemed to satisfy the requirements of 9VAC25-875-560(19) (Minimum Standard 19 of the Virginia Erosion and Stormwater Management Regulation); 2. The location, dimensions, and other information as required ensuring the proper construction and maintenance of all temporary erosion and sediment controls necessary to comply with the provisions of this chapter; 3. Calculations for sediment traps, basins, outlet protection, etc. as applicable; 4. A sequence of construction and clear delineation of the initial areas of land disturbance necessary for installation of the initial erosion and sediment control 26 measures such as earthen dams, dikes, and diversions. The areas of initial land- disturbance shall be the minimum necessary for installation of the initial erosion and sediment control measures and the delineation should include all areas necessary for such installation, including stockpiles, borrow areas, and staging areas. The sequence should also include the stabilization of these areas immediately upon reaching final grade. 5. Clear delineation of the proposed areas of land disturbance and those areas to be protected from construction activity and traffic, including the following: a. Minimize the disturbance of slopes 15% or greater; and b. Minimize soil compaction and, unless infeasible,preserve topsoil. 6. Requirement that final stabilization of disturbed areas shall be initiated immediately upon reaching final grade on any portion of the site, and that temporary stabilization shall be initiated immediately upon areas that may not be at final grade but will remain dormant for longer than 14 days. 7. A comprehensive drainage plan including: a. The existing and proposed drainage patterns on the site; b. All contributing drainage areas to permanent stormwater practices and temporary sediment controls; c. Existing streams,ponds, culverts, ditches, wetlands, other water bodies, and floodplains; d. Land cover such as forest meadow, and other vegetative areas; e. Current land use including existing structures, roads, and locations of known utilities and easements; f. Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels; g. Proposed buildings, roads,parking areas, utilities, and stormwater management facilities; and h. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to forest or reforestation, buffers, impervious cover, managed turf(lawns), and easements. 8. The location of any stormwater management practices and sequence of construction. 27 9. Temporary natural vegetated buffers in accordance with the requirements of the VESMP Construction General Permit. These buffers shall be delineated on the ESC Plan and protected with accepted signage, safety fence, or other barrier. E. In lieu of the plan described in Subsections A,B, and C of this section, single-family residential construction that is not part of a larger common plan of development, including additions or modifications to an existing single-family detached residential structure, may execute an ESC Agreement in Lieu of an Erosion and Sediment Control Plan with the Administrator. F. In lieu of the plan described in Subsections A,B, and C of this section, single-family residential construction that disturbs less than 1 acre and part of a larger common plan of development, may execute a SWPPP Template with the Administrator that demonstrates compliance with the practices and strategies identified for the lot or parcel in the larger common plan of development SWPPP. G. Regarding the erosion and sediment control minimum standards as outlined in 9VAC25- 875-560, the following more stringent changes are applied within the County: 1. Subsection 6b. Surface run-off from disturbed areas that are comprised of flow from drainage areas greater than or equal to three acres shall be controlled by a sediment basin. The minimum storage capacity of a sediment basin shall be 134 cubic yards per acre of drainage area. The outfall system shall, at a minimum, maintain the structural integrity of the basin during a 100-year-storm of twenty-four-hour duration. Runoff coefficients used in runoff calculations shall correspond to a bare earth condition or those expected to exist while the sediment basin is utilized. 2. Subsection 14, regulation of watercourse crossing - All applicable federal, state and local regulations pertaining to working in or crossing live watercourses shall be met. Prior to obtaining a land-disturbance permit, copies of all applicable environmental permits, including but not limited to wetland disturbance, stream crossing, stormwater discharge permits, shall be submitted with the application. 3. Subsection 17, vehicular sediment tracking - Where construction vehicle access routes intersect paved or public roads,provisions shall be made to minimize the transport of sediment by vehicular tracking onto paved or public road surface; the road surface shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and transported to a sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. This provision shall apply to individual development lots as well as to larger land- disturbing activities. 4. In subdivisions, the owner/developer of the subdivision shall be responsible for compliance with the standard set forth in Subsection G(3)until the streets are taken into the Virginia Department of Transportation's Secondary Road System for maintenance, and the plan submitted for approval shall include a detailed plan or 28 narrative to ensure transport of sediment onto subdivision streets does not occur during any phase of construction, including but not limited to construction of all infrastructure, utilities, and building construction. In addition, if individual lots or sections in a subdivision are being developed by a different owner, such owner shall be jointly and severally responsible with the owner/developer of the subdivision for achieving compliance with this minimum standard, and the erosion and sediment control plan, or "agreement in lieu of a plan," submitted for approval shall include a detailed plan or narrative to ensure transport of sediment onto the applicable roads does not occur during any phase of construction, including but not limited to construction of all infrastructure, utilities, and building construction. 5. To assure proper stormwater drainage and site stabilization, the following policies are hereby adopted concerning all development. Prior to release of building permits, the following infrastructure shall be completed and stabilized within the subdivision, subsection or phase as shown on the approved plan: a. Stormwater conveyance systems, including but not limited to culverts, road surface, curb and gutter, stormwater structures, drainage swales and ditches, channel linings and all cleared areas shall be stabilized, etc. b. Submittal of a certified as-built plan of the subdivision, subsection or phase, which includes but is not limited to stormwater conveyance systems, curb and gutter, drainage swales and ditches, stormwater/sediment ponds, graded areas, etc. A letter from the engineer-of-record shall be included with the as-built plan which states that the subdivision has been constructed in accordance with the approved plan. c. A proposed overall lot grading plan is required by Frederick County prior to the release of building permit(s) for subdivisions. This plan shall meet the intent of the original site plan submitted by the developer. It is required that the developer provide the builder/owner a copy of the original engineered site grading plan for the particular subdivision. d. It will be necessary to submit a certified as-built survey for all lots on which proposed lot grading plans were required. This certified as-built survey shall indicate the following: properly annotated boundary lines; setback lines; house footprint; offsets to house; existing grading; spot shots as necessary to show positive drainage; spot shots at ten (10) foot intervals along all drainage swale with less than a 3% slope; actual driveway location; actual floor elevation to include basement, first floor and garage; and erosion and sediment controls, if required. The as-built plan shall be accompanied by a document prepared by a professional engineer or a certified land surveyor certifying that the as-built conditions meet the intent of the approved site grading plan. The certified as-built survey shall be submitted to the Public Works Department prior to release of the final certificate of occupancy. 29 6. Before adopting or revising this chapter, the County shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when the County is amending its program to conform to revisions in the state program. However, a public hearing shall be held if the County proposes or revises regulations that are more stringent than the state program. 7. The program and regulations provided for in this chapter shall be made available for public inspection at the office of the Department of Public Works. §143-165 Stormwater management(SWM)plan requirements A. As required in §143-150, a stormwater management plan shall be developed and referenced into the SWPPP. B. In addition to the plan requirements outlined in §143-155 and §143-160, the stormwater management plan shall include the following: 1. A general description of the proposed stormwater management facilities, including: a. Information on the type of and location of stormwater discharges, information on the features to which stormwater is being discharged including surface waters or karst features if present, and pre-development and post-development drainage areas. b. Contact information including the name, address, telephone number, and email address of the owner and the tax map identification number and parcel number of the property or properties affected. c. Narrative that includes a description of current site conditions and final site conditions or if allowed by the County, the information provided and documented during the review process that addresses the current and final site conditions. d. A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete. e. Information on proposed stormwater management facilities, including 1) Detailed narrative on the conversion to a long-term stormwater management facility if the facility was used as a temporary ESC measure; 2) The type of facilities 3) Location, including geographic coordinates 4) Acres treated 5) The surface waters or karst features into which the facility will discharge 30 f. Hydrologic/hydraulic computations, including runoff characteristics. g. Documentation/calculations verifying compliance with water quality and quantity requirements of this chapter. h. Map or maps of site that depicts topography of the site and includes: 1) All contributing drainage areas. 2) Existing streams,ponds, culverts, ditches, wetlands, other water bodies, floodplains. 3) Soil types, geologic formations if karst features are present in the area, forest cover, other vegetative areas. 4) Current land use including existing structures, roads, locations of known utilities and easements. 5) Sufficient information on adjoining parcels to assess impacts of stormwater from the site on these parcels. 6) Limits of clearing and grading,proposed drainage patterns on the site. 7) Proposed buildings, roads,parking areas, utilities, stormwater management facilities. 8) Proposed land use with tabulation of percentage of surface area to be adapted to various uses, including planned locations of utilities, roads and easements. i. A stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria to the part to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities. j. A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. Reference: 9VAC25-875-510 2. All necessary documentation and calculations supporting the design and construction of the proposed stormwater management structures, including sufficient details such as cross sections,profiles, dimensions, grades, and other information as needed to ensure that the BMPs are built in accordance with the approved plans and the BMP Design Specifications of the Virginia Stormwater Management Handbook. 31 3. Runoff Reduction Method compliance spreadsheet summary sheet. 4. A landscaping plan prepared by an individual familiar with the selection of appropriate vegetation for the particular BMP (emergent and upland vegetation for wetlands, woody and/or herbaceous vegetative stabilization and management techniques to be used within and adjacent to the stormwater management facilities, etc.). The landscaping plan must also describe the maintenance of vegetation at the site and what practices should be employed to ensure that adequate vegetative cover is preserved. 5. Identification of all easements provided for inspection and maintenance of stormwater management facilities in accordance with specifications in the Virginia Stormwater Management Handbook and the County requirements. 6. When applicable, a copy of the Frederick County SWM BMP operation and maintenance agreement to be recorded in the local land records prior to plan approval. 7. When stormwater facilities are proposed on individual residential lots, a copy of the proposed residential lot BMP inspection and maintenance agreement to be signed by the property owner upon settlement. This must be submitted prior to plan approval. 8. If an operator intends to meet the requirements established in 9VAC25-875-580 or 9VAC25-875-600 through the use of offsite compliance options, where applicable, then a letter of availability from the offsite provider must be included C. Stormwater management(SWM)plans shall demonstrate compliance with the following: 1. Stormwater runoff quality and runoff volume reduction criteria for new development. Reference: 9VAC25-875-580 2. Stormwater runoff quality criteria for development on prior developed lands. Reference: 9VAC25-875-580 3. Channel protection criteria. Reference: 9VAC25-875-600 4. Flood protection criteria. Reference: 9VAC25-875-600 5. Requirements for identifying, evaluating, and addressing increased volumes of sheet flow resulting from pervious or disconnected impervious areas or from physical spreading of concentrated flow through level spreaders. 32 Reference: 9VAC25-875-600 D. Prior to release of the stormwater plan surety bond, two sets of the construction record drawing or as-built of permanent stormwater management facilities, also referred to as "as-built plans," in accordance with County requirements shall be submitted to the Administrator. The construction record drawing shall be appropriately sealed and signed by a professional registered in the State pursuant to Article 1 (§54.1-400 et seq.) of Chapter 4 of Title 54.1. of the Code of Virginia. The record drawing shall contain a statement signed by a professional registered in the Commonwealth of Virginia pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, stating that to the best of the professional's knowledge, the construction record drawing shows all adjustments and revisions to the stormwater management plan made during construction and serve as a permanent record of the actual location of all constructed elements. Reference: 9VAC25-875-535 E. Single family residential construction that is less than one acre of disturbance and part of a larger common plan of development may execute and implement a BMP Implementation Plan as part of the SWPPP Template to demonstrate compliance with the practices and strategies identified in the larger common plan of development SWPPP. F. Stormwater management facility maintenance agreements. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance agreement that must be approved by the Administrator and recorded in the land record prior to issuance of a permit and contain the following provisions: l. A copy of the County BMP operation and maintenance agreement proposed for recordation in the local land records prior to plan approval to be signed by the property owner upon settlement shall be submitted with the plans. Reference: 9VAC25-875-535. 2. Responsibility for the operation and maintenance of stormwater management facilities shall remain with the property owner or an owner's association and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the responsibility to successors in title. Reference: 9VAC25-875-535. 3. Maintenance agreements shall be in accordance with the County requirements (BMP Inspection and Maintenance Program) and provide for all necessary access for inspections. Reference: §62.1-44.15:39; 9VAC25-875-535. 33 4. Except as provided in Subsection F(5)below, maintenance agreements shall be enforceable (by the Administrator). Reference: 9VAC25-875-535. 5. Individual on-lot stormwater facilities that are designed to primarily manage the runoff from the individual residential lot on which they are located require a County residential lot BMP inspection and maintenance agreement acknowledging the presence,purpose, location, and basic maintenance requirements for the particular BMPs in accordance with County requirements. Reference: 9VAC25-875-535 6. Elements of the stormwater management plans that include activities regulated under Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the State pursuant to Article 1 (§54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. 7. Stormwater management plans for residential, commercial or industrial subdivisions are approved and govern the development of individual parcels within that plan, throughout the development life even if ownership changes. Reference: §62.1-44.15:28.7 §143-175 Pollution prevention plan (PPP) A. A pollution prevention plan (PPP) is required for all VESMP Activities as required in §143-125, and shall be developed for incorporation into the SWPPP. B. The PPP shall be developed in accordance with the Virginia Stormwater Management Handbook to minimize the discharge of pollutants and the exposure of materials to stormwater, and prohibit illicit discharges from construction activities. C. The PPP shall be implemented and updated as outlined in §143-205.0 and the Virginia Stormwater Management Handbook as necessary throughout all phases of the land- disturbing activity to implement appropriate pollution prevention measures applicable to construction activities. Reference: 9VAC25-875-520 §143-185 Review and approval of plans A. Upon receipt of a plan for a permit and accompanying plans as required by §143-150, the Administrator shall determine the completeness of the application and notify the applicant within 15 calendar days if the submittal is considered incomplete. 34 B. Once the applicant has been notified of a complete submittal, the Administrator shall have an additional 60 calendar days from the date of the communication for the review of the plans to determine compliance with the requirements of this ordinance, and to communicate to the applicant the approval or disapproval of the plans. C. If the plans are not approved, the reasons for not approving the plans shall be provided in writing to the applicant. D. The Administrator shall review within 45 calendar days of the date of resubmission any plans that been previously disapproved. E. Unless otherwise indicated in the application, electronic communication shall be considered communication in writing. Reference: §62.1-44.15:55B; §62.1-44.15:34A; 9VAC25-875-110 §143-190 Preconstruction meeting required No land disturbing activities shall commence until a preconstruction meeting between the Administrator and the applicant, and the individual responsible for carrying out the plan has been conducted. The applicant shall notify the Administrator in advance to schedule the meeting on- site. §143-195 Issuance, time limit, modification, maintenance, transfer and/or termination of Frederick County permit and the VESMP Authority Permit A. Permit issuance. Once the requirements for obtaining a County land-disturbing permit and coverage under the state general permit for discharges from construction activity (if applicable) have been met, including the receipt or verification of payment of all required permit fees in accordance with the fee schedule of§143-235, the Administrator will issue a Frederick County land disturbance permit and a VESMP Authority permit. Prior to the initiation of an application, by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50%, for a permit under this chapter, all delinquent real estate taxes and any other charges that constitute a lien on the subject property that are owed to the County and have been properly assessed against the subject property must be paid, unless otherwise authorized by the Treasurer. B. No transfer, assignment, or sale of the rights granted by virtue of a County land- disturbing permit shall be made unless a written notice of transfer and corresponding permit modification fee is filed with the Administrator and the transferee certifies agreement to comply with all obligations and conditions of the permit. The Administrator may require modification or revocation and reissuance of the VESMP authority permit to change the name of the permittee and incorporate such other requirements as may be necessary for the transfer. 35 C. If land-disturbing activity has not commenced within 180 days of land-disturbing activity or VESMP authority permit issuance or ceases for more than 180 days, the Administrator may evaluate the existing approved ESC plan to determine whether the plan still satisfies local and state erosion and sediment control criteria and to verify that all design factors are still valid. If the previously filed ESC plan is determined to be inadequate a modified plan shall be submitted and approved prior to the resumption of land-disturbing activity. Reference: 9VAC25-875-240 D. VESMP Authority Permits are effective for a fixed permit cycle of 5 years. Activities requiring a VESMP permit may obtain coverage at any time during the 5-year permit cycle and must be renewed if the permit has not been terminated prior to the end of the cycle. The annual permit maintenance fees in §143-235 apply until the permit coverage is terminated or renewed. E. Land-disturbing activities for which VESMP Permit coverage was issued between July 1, 2014 and June 30, 2019 permit cycle may remain subject to the technical criteria of Part 11 B of the Virginia Stormwater Regulations for two additional permit cycles provided coverage under the original VESMP Permit is maintained. After two permit cycles have passed, or should the original VESMP Permit coverage not be maintained, portions of the project not under construction shall become subject to any new technical criteria adopted by the VESMP Authority after the original VESMP Permit coverage was issued. F. Land-disturbing activities for which VESMP Permit coverage was issued between July 1, 2014 and June 30, 2019 permit cycle may elect to modify the permit by paying the appropriate permit modification fee and request approval for compliance with the technical criteria of Part II B for any remaining portions of the project. Reference: §62.1-44.15:24; 9VAC25-875-480. §143-200 Variances/exceptions A. Frederick County may grant exceptions or modify the ESC requirements of activities if they are deemed inappropriate or too restrictive for site conditions by granting a variance. A variance may be granted under the following conditions: 1. At the time of plan submission, an applicant may request a variance from the requirements of an erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed shall be documented in the plan. 2. During construction, the person responsible for implementing the approved plan may request a variance in writing from the Administrator. The Administrator shall respond in writing either approving or disapproving such a request. If the Administrator does not approve a variance within 10 days of receipt of the request, the request shall be 36 disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation. 3. The Administrator shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off- site properties and resources from damage. B. The Administrator may grant exceptions to the Technical Criteria of§143-165, Stormwater management(SWM)plan requirements. An exception may be granted, provided that: 1. The exception is the minimum necessary to afford relief, 2. Reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the intent of the VESMA and this chapter is preserved; 3. Granting the exception will not confer any special privileges that are denied in other similar circumstances; 4. Exception requests are not based upon conditions or circumstances that are self- imposed or self-created; and 5. Economic hardship alone is not sufficient reason to grant an exception from these requirements. C. Under no circumstance shall an exception to the requirement that the land-disturbing activity obtain required VESMP permits be granted, nor shall the use of a BMP not found through the Virginia Stormwater BMP Clearinghouse be approved. D. Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options available as described in §143-165B(8)have been considered and found not available. E. A record of all exceptions granted shall be maintained by the County in accordance with 9VAC25-875-180 Reference: 9VAC25-875-170; 9VAC25-875-180 §143-205 Amendments to approved plans A. The County may require changes to an approved erosion and sediment control plan and/or stormwater management plan in the following cases: 1. Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or 37 2. Where the owner finds that because of changed circumstances or for other reasons the plan cannot be effectively carried out, and proposed amendments to the plan consistent with the requirements of the Act are agreed to by the VESMP authority and the owner Reference: 9VAC25-875-110 B. Amendments to an approved SWPPP may be required in order to reflect changes in the implementation of an approved ESC or SWM Plan. In addition to the requirements of Subsection A of this section, the site operator shall document the implementation of the provisions of the SWPPP as follows: 1. The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance that may have a significant effect on the discharge of pollutants from the construction activity and that has not been previously addressed in the SWPPP. 2. The SWPPP must be amended if during inspections or investigations by the operator's qualified personnel, or by the Administrator, state or federal officials, it is determined that the existing control measures are ineffective in minimizing pollutants in stormwater discharges from the construction site. 3. Revisions to the SWPPP shall include additional or modified control measures designed and implemented to correct problems identified. If approval by the Administrator is necessary for the control measure, revisions to the SWPPP shall be completed no later than five business days following approval_ Implementation of these additional or modified control measures shall be accomplished as described in Part II H of the general permit. 4. Amendments, modifications, or updates to the SWPPP shall be signed in accordance with Part III K 2 of the general permit and shall include the required certification in accordance with Part III K 4 of the general permit. Changes to any component of an approved SWPPP with VESMP Permit coverage that result in changes to stormwater management plans or require additional review by the Administrator shall be subject to permit modification fees set out in §143-235. Reference: 9VAC25-880-70 Part II C. General permit. §143-210 Monitoring and inspections during activities A. Erosion and sediment control 1. The responsible land disturber, as provided by §62.1-44.15:52, shall oversee and is responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity. The County may require the person responsible for carrying out the plan to monitor the land-disturbing activity. The 38 person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. 2. The County shall periodically inspect the land-disturbing activity in accordance with 9VAC25-875-140 of the Virginia Erosion and Stormwater Management Regulation to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The application for a permit shall include a provision for appropriate agents and employees of the County, at reasonable times, to go upon the property on which permission has been sought to conduct land-disturbing activities and to monitor such activities. The owner,permittee, or person responsible for carrying out the plan shall be given notice of the inspection. a. If the Administrator determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by mailing with confirmation of delivery to the address specified in the permit application or in the plan certification, by electronic mail to the address specified in the permit application, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. b. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be subject to the penalties provided by this chapter. Reference: § 62.1-44.15:37; § 62.1-44.15:58 3. Upon issuance of an inspection report denoting a violation of Code of Virginia §62.1- 44.15:55, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. If land-disturbing activities have commenced without an approved plan, the Administrator may issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the alleged violator has been issued a notice to comply as specified in this 39 ordinance. Otherwise, such an order may be issued only after the alleged violator has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply and shall remain in effect for a period of seven days from the date of service pending application by the owner or permit holder for appropriate relief to the Circuit Court of the County. Said order shall be posted on the site where the disturbance is occurring and shall remain in effect until permits and plan approvals are secured. The owner may appeal the issuance of an order to the Circuit Court of the County. Any person violating or failing, neglecting or refusing to obey an order issued by the Administrator may be compelled in a proceeding instituted in the Circuit Court of the County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the Administrator from taking any other action authorized by this chapter. Reference: § 62.1-44.15:37; § 62.1-44.15:58 B. Stormwater 1. The VESMP Authority will inspect all regulated activities to ensure compliance with the approved ESC Plan in accordance with the County and state requirements. The owner,permittee or person responsible for carrying out the plan or agreement may be given notice of the inspection. Reference §62.1-44.15:58. 2. The County requires that storm-water management facilities be inspected, and the construction of such facilities are certified in accordance with Subsection B(4) of §143-210. The VESMP Authority may also inspect the construction of permanent storm-water management facilities at critical stages of construction and in accordance with the Virginia BMP Design Specifications to ensure compliance with the approved plans. Reference §62.1-44.15:37. 40 3. The right-of-entry for the VESMP Authority to conduct such inspections shall be expressly reserved in the permit. The permit holder, or his duly designated representative, shall be afforded the opportunity to accompany the inspectors. Reference §62.1-44.15:39, Right of entry 4. The County will accept the submittal of inspection reports certifying that the stormwater management facilities are being constructed in accordance with the approved plan conducted by: a) A person who is licensed as a professional engineer, architect, 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; b) A person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or c) A person who holds a certificate of competence in stormwater inspection from the Board. Reference: 9VAC25-875-140 5. The VESMP Authority will inspect all regulated activities covered by a VESMP authority permit to ensure the operator is conducting and documenting the operator inspections as required by the County and is appropriately updating the PPP as required by the County. The owner, permittee or person responsible for carrying out the plan or agreement may be given notice of the inspection. Reference: Subsection B(1), (2), and (3) above: 9VAC25-875-140 6. All activities covered by a VESMP Permit shall be inspected by the operator in accordance with the requirements of the County. The operator shall maintain records of inspections and maintenance to determine whether the measures required in the ESC plan are effective in controlling erosion and sedimentation and to ensure compliance with the approved plan. Records shall be made available to the Administrator or the County inspector upon request. Reference: 9VAC25-880-70 7. Prior to the release of any performance bonds or termination of the VESMP Authority Permit, the applicant shall submit the required as-built drawings for the stormwater management facilities. The site shall be surveyed to determine actual field conditions, and the approved plans as annotated to reflect actual field conditions shall constitute the as-built drawing. As-built drawings shall include the following: a. Storm sewer systems. 1) The general location of all drainage structures. 41 2) The storm structure top and all pipe invert elevations including end sections. 3) Storm pipe size, material and percent grade between inverts from structure to structure. 4) Spot elevations of the invert of all man-made ditches at fifty-foot intervals. 5) Extent of all riprap outfall protection. b. Topographic survey of all constructed SWMBMP facilities. c. The location, size and/or material of all required BMP elements including but not limited to cleanouts, observation wells, overflow structures, gravel diaphragms, and flow spreaders. d. Confirmation of the volume provided in all ponds and water quality structures. Deviations from the approved plans shall require new routings to confirm that the ponds will function as designed. e. For residential projects, topographic survey of all disturbed common space areas to confirm that all slopes and swales are properly placed and that all drainage patterns have been established in accordance with the grading plan. f. Detailed records of any variations of the work from the approved plans. Reference 9VAC25-875-535 8. Reports; recordkeeping a) On a fiscal year basis (July 1 to June 30), the County shall report to the Department by October 1 of each year in a format provided by the Department. The information to be provided shall include the following: l. Information on each permanent stormwater management facility completed during the fiscal year to include type of stormwater management facility, geographic coordinates, acres treated, and the surface waters or karst features into which the stormwater management facility will discharge; 2. Number and type of enforcement actions during the fiscal year; and 3. Number of exceptions granted during the fiscal year. b) A VESMP authority shall keep records in accordance with the following: l. Project records, including approved stormwater management plans, shall be kept for three years after state permit termination or project completion. 2. Stormwater management facility inspection records shall be documented and retained for at least five years from the date of inspection. 42 3. Construction record drawings shall be maintained in perpetuity or until a stormwater management facility is removed. 4. All registration statements submitted in accordance with 9VAC25-875- 530 shall be documented and retained for at least three years from the date of project completion or state permit termination. Reference: 9VAC25-875-180 §143-215 Monitoring and inspections of permanent stormwater management facilities A. Owners of stormwater management facilities shall be responsible for conducting inspections and performing maintenance in accordance with the recorded stormwater BMP maintenance agreement as described in §143-165 and in accordance with County requirements. Regarding individual residential lots, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located,provided it is demonstrated to the satisfaction of the Administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the Administrator. Provisions for this are addressed in the Virginia Stormwater Management Handbook. B. If a recorded instrument is not required pursuant to section §143-215.A, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other methods targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the Administrator. Reference: 9VAC25-875-130; 9VAC25-875-140 C. The Administrator will ensure that permanent stormwater management facilities are being adequately maintained as designed after completion of land-disturbing activities according to the following: 1. The Administrator shall track the five-year frequency comprehensive inspection report submittals as required by the recorded maintenance agreement and in accordance with County requirements. The Administrator or the Administrator's designee, not to include the owner, except as described below, shall conduct maintenance inspections at a minimum of once every 5 years for certain BMPs as defined by County requirements. 2. The Adminstrator may utilize the inspection reports of the owner of a stormwater management facility as part of an inspection program established in subsection A of this section if the inspection is conducted by a person who is licensed as a 43 professional engineer, architect, 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; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the department. 3. The right-of-entry for the Administrator to conduct such inspections shall be expressly reserved in the maintenance agreements. The owner, or his duly designated representative, shall be afforded the opportunity to accompany the inspectors. References: 9VAC25-875-140; § 62.1-44.15:39 D. The Administrator shall notify the property owner or owner's association in writing in accordance with§143-225B(1)to the address as identified in the SWM BMP Inspection and Maintenance Agreement when a determination has been made that the stormwater management facility is in disrepair or is not functioning as intended. The notice shall specify the measures needed to comply with the approved maintenance plan and shall specify the time within which such measures shall be completed. If the responsible party fails to perform such maintenance and repair, the County shall have the authority to initiate enforcement action in accordance with§143-225B(6) and perform the work and recover the costs from the responsible party. §143-225 Enforcement; violations and penalties A. Erosion and sediment control. 1. Violators of this chapter shall be guilty of a Class I misdemeanor. 2. Any person who violates any provision of Va. Code §§ 62.1-44.15:34, 62.1-44.15:55 may, upon a finding of the District Court of the County, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of$10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of$10,000. Any such civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under Subsection A of§62.1-44.15:63. 3. The Administrator the owner or property which has sustained damage, or which is in imminent danger of being damaged, may apply to the Circuit Court of the County to enjoin a violation or a threatened violation of Va. Code §§ 62.1-44.15:34, 62.1- 44.15:55, without the necessity of showing that an adequate remedy at law does not exist. 44 However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii)neither the person who has violated the local program nor the program authority has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. 4. In addition to any criminal or civil penalties provided under this ordinance, any person who violates any provision of the Erosion and Sediment Control Law may be liable to the County in a civil action for damages. 5. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the County. Any civil penalties assessed by a court shall be paid into the treasury of the County, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury. 6. With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or condition of a permit or any provision of this ordinance, or order of the VESCP authority the County may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under this section. 7. The Commonwealth's Attorney shall, upon request of the County, take legal action to enforce the provisions of this chapter. 8. Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages. B. Stormwater. 1. If, during inspections at any stage of the land-disturbing activity, the Administrator determines that the operator has failed to comply with the approved plan, including but not limited to failure to install or properly install stormwater BMPs or erosion and sediment controls, the Administrator shall serve a Notice to Comply upon the permittee or person responsible for carrying out the permit conditions as follows: 45 a) Certified mail return receipt requested sent to the address specified by the owner or permittee in his application or plan certification; or b) Electronic mail to the address specified in the permit application; or c) Delivery at the site of the activities to the agent or employee supervising such activities. 2. The notice shall specify the measures necessary to comply with the plan or agreement in lieu of a plan and shall specify the time within which such measures shall be completed. 3. Stop Work Order. a) If a permittee fails to comply with a notice to comply issued in accordance with Subsection B (1)within the time specified, the Administrator may issue an order requiring the owner, permittee, or person responsible for carrying out the approved plan, to cease all land-disturbing activities until the violation of the permit has ceased or the specified corrective actions have been taken. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the registration statement, by electronic mail to the address specified in the permit application, or by personal delivery by an agent of the VESMP authority or Department. b) In addition to the cessation of all activities as described in Subsection B(3)(a) above, the permittee may also be subject to having the VESMP Authority permit revoked; and furthermore, he shall be deemed to be in violation of this ordinance and, upon conviction, shall be subject to the penalties as provided in the Code of Virginia or by this chapter. c) Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in surface waters within the watersheds of the state, or where the activities have commenced without an approved plan, agreement in lieu of a plan or any required permits, such an order may be issued without regard to whether the owner or permittee has been issued a notice to comply. 4. If, at any stage of the activity, the VESMP Authority determines that the physical conditions on the site are not as stated or shown on the approved erosion and sediment control plan or stormwater management plan, or the County determines that the storm drainage system or stormwater management facility is inadequate or not constructed as shown on the approved stormwater management final plan, the VESMP Authority may refuse to approve further work and the County may revoke existing permits or approvals until a revised stormwater management final plan has been submitted and approved. 46 5. Commencing activities without an approved plan or a permit. a. If activities have commenced without an approved plan, agreement in lieu of a plan, or a VESMP Authority Permit where required, a stop-work order may be issued requiring that all activities be stopped until an approved plan, an agreement in lieu of a plan or any required permits are obtained. b. The stop-work order shall remain in effect for a period of seven calendar days from the date of service pending application by the Administrator or alleged violator for appropriate relief to the Circuit Court of the jurisdiction wherein the violation is alleged to have occurred. If the alleged violator has not obtained an approved plan, agreement in lieu of a plan or any required permits within seven days from the date of service of the order, the Director may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan, agreement in lieu of a plan or any required permits have been obtained. The order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the County or by electronic mail to the address specified in the permit application. c. The owner may appeal the issuance of an order to the Circuit Court. 6. Maintenance of permanent stormwater facilities. a. If during periodic inspections to ensure that stormwater management facilities are being adequately maintained as designed, the VESMP authority identifies operational deficiencies and/or determines that the owner of the stormwater management facility has failed to perform maintenance or conduct maintenance inspections in accordance with the recorded SWM BMP maintenance and inspection agreement, the VESMP Authority shall notify the person or organization responsible for carrying out the requirements of the agreement. The notice shall specify the deficiencies, the corrective actions required to restore the facility, and the time frame within which the corrective actions shall be completed. b. If the individual or organization fails to comply with the notice within the time specified, the VESMP Authority may initiate informal and/or formal administrative enforcement procedures including but not limited to directives issued by the Board in accordance with §62.1-44.15:25, or civil penalties in accordance with this chapter and §62.1-44.15:48. 7. Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the VESMP authority or any provisions of this chapter may be compelled in a proceeding instituted in any appropriate court by the VESMP 47 authority to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy. Nothing in this section shall prevent the VESMP authority from taking additional enforcement action permitted by state law. 8. Any person who violates any provision of this chapter or of any regulations or ordinances, or standards and specifications adopted or approved hereunder, including those adopted pursuant to a VESMP permit, or who fails, neglects, or refuses to comply with any order of the VESMP authority, the Department, the board, or court, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. a. Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following: 1) No permit registration; 2) No SWPPP; 3) Incomplete SWPPP; 4) SWPPP not available for review; 5) Failure to install stormwater BMP or erosion and sediment controls; 6) Stormwater BMPs improperly installed or maintained; 7) Operational deficiencies; 8) Failure to conduct required inspections; 9) Incomplete, improper, or missed inspections; 10)Discharges not in compliance with the requirements of the VESMP construction general permit; and 11)No approved erosion and sediment control plan. b. The Administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court. c. In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and the economic benefit to the violator from noncompliance. 48 d. Any civil penalties assessed by a court because of a summons issued by the County shall be paid into the treasury of the County to be used for the purpose of minimizing,preventing, managing, or mitigating pollution of the waters of the County and abating environmental pollution therein in such manner as the court may, by order, direct. 9. Notwithstanding any other civil or equitable remedy provided by this section, any person who willfully or negligently violates any provision of this chapter, any order of the County or the Department, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $2,500 nor more than $32,500, either or both. References:§ 62.1-44.15:37; §62.1-44.15:48; §62.1-44.15:63; §62.1-44.15:64 §143-230 Hearings A. Any permit applicant,permittee, or person subject to the Frederick County land- disturbing permit, VESMP authority permit, or state permit requirements under this article aggrieved by any action of the Department of Public Works taken without a formal hearing, or by inaction of the Department of Public Works may demand in writing a formal hearing by the County Board of Supervisors,provided a petition requesting such hearing is filed with the Board of Supervisors within 30 days after notice of such action. Any hearings conducted by the Board of Supervisors shall be in accordance with §62.1- 44.26 of the Code of Virginia. Hearings must be conducted by the Board of Supervisors at a regular or special meeting. In reviewing the agent's actions, the County Board of Supervisors shall consider evidence and opinions, and the County Board of Supervisors may affirm, reverse or modify the action. Verbatim record of proceedings must be taken and filed with the County Board of Supervisors. The County Board of Supervisors decision shall be final, subject only to review by the Circuit Court of the County. Reference: 9VAC25-875-160 §143-232 Appeals A. Any permittee or party aggrieved by a state permit or enforcement decision of the Frederick County Public Works under this article, or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Department of Public Works or Board of Supervisors under this chapter, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act(§2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the Constitution of the United States. Final decisions shall be subject to review and appeal to the Circuit Court of the County, provided an appeal is filed within 30 days from the date of any written decision adversely 49 affecting the rights, duties, or privileges of the person engaging in or proposing to engage in the land disturbance activity occurs or is proposed to occur. Unless otherwise provided by law, the Circuit Court shall conduct such review in accordance with the standards established in § 2.2-4027, and the decisions of the Circuit Court shall be subject to review by the Court of Appeals. A person shall be deemed to meet such standard if: 1) Such person has suffered an actual or imminent injury that is an invasion of a legally protected interest and that is concrete and particularized; 2) Such injury is traceable to the decision of the Department or the Board and not the result of the independent action of some third parry not before the court; and 3) Such injury will likely be redressed by a favorable decision by the court. Reference: §62.1-44.15:46. §143-235 Fees A. The Board of Supervisors, by resolution, may establish a schedule of fees for the application, modification, transfer and maintenance of stormwater/erosion and sediment control permits and plans. B. The fee for the Frederick County Permit and fees for coverage under the VESMP Authority Permit shall be imposed in accordance with Table 1. When a site or sites have been purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to Table 1. Reference: Part VIII of the VESMP Regulation Table 1: Fees for coverage under the VESMP Construction General Permit/VESCP Type of Permit Total Fee Paid Portion to be by Applicant Paid to DEQ VESCP permit fee (all land disturbing activities, excluding individual $500 + N/A single-family dwellings) $100/acre VESCP permit fee (land disturbing activities begun without permit, $1,500 + N/A excluding individual single-family dwellings) $200/acre VESCP permit fee for single family detached/attached residential structures within or outside a common plan of development or sale $290 N/A with land disturbance acreage less than five (5) acres) VESCP permit fee (single family dwellings begun without permit) $580 N/A 50 VESCP single family dwelling re-inspection fee $75 N/A VESMP General / Stormwater Management- Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $2 700 $756 than 1 acre and less than 5 acres VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $3 400 $952 than 5 acres and less than 10 acres VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $4 500 $1 260 than 10 acres and less than 50 acres VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $6 100 $1 708 than 50 acres and less than 100 acres VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $9 600 $2 688 than 100 acres C. Fees for the modification or transfer of coverage under the VESMP construction general permit issued by the Administrator shall be imposed in accordance with Table 2. If the permit modifications result in changes to stormwater management plans that require additional review by the Administrator, such reviews shall be subject to the fees set out in Table 2 based on the total disturbed acreage of the site. Modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial state permit fee paid and the state permit fee that would have applied for the total disturbed acreage in Table 1. Table 2: Fees for the modification or transfer of registration statements for the VESMP Authority Permit for Discharges of Stormwater from Construction Activities Fee Type of Permit Amount VESMP General/ Stormwater Management- Small Construction Activity/Land Clearing (Areas within common plans of development or sale $20 with land disturbance acreage less than 1 acre, (also includes single-family detached residential structures within or outside a common plan of development or sale with land disturbance acreage less than 5 acres) 51 VESMP General/ Stormwater Management- Small Construction Activity/Land Clearing (Sites or areas within common plans of development or $200 sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres) VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $250 sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $300 sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $450 sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $700 disturbance acreage equal to or greater than 100 acres) D. Permit maintenance fees. (9VAC25-875-1420): 1. The following annual permit maintenance shall be imposed in accordance with Table 3, including fees imposed on expired permits that have been administratively continued. With respect to the VESMP authority permit, these fees shall apply until the permit coverage is terminated. 2. VESMP authority permit coverage maintenance fees shall be paid annuallyto the VESMP authority, by the anniversary date of VESMP authority general permit coverage, in accordance with Table 3. No VESMP authority permit will be reissued or automatically continued without payment of the required fee. VESMP authority permit coverage maintenance fees shall be applied until a notice of termination is effective. 52 Table 3: VESMP Authority Permit Maintenance Fees Fee Type of Permit Amount VESMP General/ Stormwater Management- Small Construction Activity/Land Clearing (Areas within common plans of development or sale $50 with land disturbance acreage less than 1 acre, also includes single family detached residential structures within or outside a common plan of development or sale with land disturbance acreage less than 5 acres.) VESMP General/ Stormwater Management- Small Construction Activity/Land Clearing (Sites or areas within common plans of development or $400 sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres) VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $500 sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $650 sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $900 sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) VESMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $1,400 disturbance acreage equal to or greater than 100 acres) E. The fees set forth in Subsections A through C above shall apply to: 1. All persons seeking coverage under the VESMP Authority Permit or VESCP permit if VESMP not required. 2. All permittees who request modifications to or transfers of their existing registration statement for coverage under a VESMP authority permit. 3. Persons whose coverage under the VESMP Authority Permit has been revoked shall reapply for an individual permit for discharges of stormwater from construction activities. 4. Permit and permit coverage maintenance fees outlined under Subsection C may apply to each VESMP Authority Permit holder. 53 F. No VESMP Authority Permit application fees will be assessed to Permittees whose permits are modified or amended at the initiative of the VESMP authority, excluding errors in the registration statement identified by the Director or errors related to the acreage of the site. G. All incomplete VESMP permit fee payments will be deemed as nonpayments, and the applicant shall be notified of any incomplete permit fee payments. Interest may be charged for late permit fee payments at the underpayment rate set forth in §58.1-15 of the Code of Virginia and is calculated monthly at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent(over 90 days past due) account. The Administrator shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. §143-240 Performance Bonds A. Prior to the issuance of any permit, the owner or permittee shall execute and file with the Administrator a Frederick County monetary guaranty in such form as is in accordance with the monetary guaranty and performance agreement policy adopted by the Board and in an amount determined in accordance with the Frederick County bond estimate worksheet which shall be equal to the approximate total cost of providing erosion and sediment control and stormwater quality and quantity improvements as required by this chapter and shown on the approved plans in addition to a 25% contingency of the total bond amount. B. The Frederick County erosion and sediment control and stormwater management performance agreement and monetary guaranty is to ensure that measures could be taken by the County at the applicant's expense should he fail, after proper notice as outlined in §143-225, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions because of his land-disturbing activity. If the County takes such action upon such failure by the applicant, the County may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. C. Upon successful completion of the land-disturbing activity, to include submittal of a Notice of Termination of the Construction General Permit, submittal of the construction as-built drawings of permanent stormwater management facilities described in §143-165 and prior to termination of the VESMP Permit, the owner or permittee must provide written notification to the County in accordance with the bonding policy. Upon verification of adequate stabilization of land disturbing activity in the project or any section thereof, the Administrator shall take action upon the monetary guaranty and performance agreement in accordance with the bonding policy. D. If the applicant/owner fails to comply with the approved SWPPP as documented through the site inspections described herein, and after proper notification, the Administrator may 54 determine that the performance agreement is in default, and the monetary guaranty may be used to execute the plan. Reference: §62.1-44.15:34; 9VAC25-875-100 55 O x " O .......... Department of Public Works 540/665-5 43 7& FAX. 540/ 0 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Monthly Tonnage Report-Fiscal Year 24/25 DATE: January 10, 2025 The following table shows the tonnage for the current fiscal year. The average monthly tonnage for fiscal years 04/05 through 24/25 is also listed below: FY 04-05: AVERAGE PER MONTH: 17,029 TONS(UP 681 TONS) FY 05-06: AVERAGE PER MONTH: 17,785 TONS(UP 756 TONS) FY 06-07: AVERAGE PER MONTH: 16,705 TONS(DOWN 1,080 TONS) FY 07-08: AVERAGE PER MONTH: 13,904 TONS(DOWN 2,801 TONS) FY 08-09: AVERAGE PER MONTH: 13,316 TONS(DOWN 588 TONS) FY 09-10: AVERAGE PER MONTH: 12,219 TONS(DOWN 1,097 TONS) FY 10-11: AVERAGE PER MONTH: 12,184 TONS(DOWN 35 TONS) FY 11-12: AVERAGE PER MONTH: 12,013 TONS(DOWN 171 TONS) FY 12-13: AVERAGE PER MONTH: 12,065 TONS(UP 52 TONS) FY 13-14: AVERAGE PER MONTH: 12,468 TONS(UP 403 TONS) FY 14-15: AVERAGE PER MONTH: 13,133 TONS(UP 665 TONS) FY 15-16: AVERAGE PER MONTH: 13,984 TONS(UP 851 TONS) FY 16-17: AVERAGE PER MONTH: 14,507 TONS(UP 523 TONS) FY 17-18: AVERAGE PER MONTH: 15,745 TONS(UP 1,238 TONS) FY 18-19: AVERAGE PER MONTH: 16,594 TONS(UP 849 TONS) FY 19-20: AVERAGE PER MONTH: 16,973 TONS(UP 379 TONS) FY 20-21: AVERAGE PER MONTH: 16,803 TONS(DOWN 170 TONS) FY 21-22: AVERAGE PER MONTH: 17,553 TONS(UP 750 TONS) FY 22-23: AVERAGE PER MONTH: 17,954 TONS(UP 401 TONS) FY 23-24: AVERAGE PER MONTH: 17,776 TONS(DOWN 178 TONS) FY 24-25: AVERAGE PER MONTH: 18,338 TONS(UP 562 TONS) MONTH FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 JULY 17,956 17,677 17,893 17,250 22,732 19,050 AUGUST 17,267 16,517 21,437 20,877 18,527 19,442 SEPTEMBER 17,985 16,789 19,306 19,195 16,935 17,286 OCTOBER 22,528 20,127 18,215 19,273 18,442 21,317 NOVEMBER 17,304 15,432 16,927 16,546 16,814 15,998 DECEMBER 14,362 15,496 16,391 15,294 15,520 16,932 JANUARY 14,913 14,480 12,932 16,583 14,467 FEBRUARY 13,380 12,030 14,622 16,488 15,828 MARCH 15,533 18,758 18,167 17,987 18,112 APRIL 17,475 18,627 16,952 16,744 18,151 MAY 17,010 17,105 18,054 20,124 19,078 JUNE 17,968 18,594 19,737 19,081 18,707 JC W/gmp LO O O �T O O O O O O O O O O O M M I- O "T (O O I- (O I- 00 r- "T O co O N O Lo O 00 (O (O O O 00 N 00 N N 00 N V 00 00 (O (O 00 M N M O 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