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Accomack County
Department of Planning
Erosion and Sediment Control
Program
Presentation to the Board of Supervisors
June 20, 2007
Purpose of the E&S Program
• Program required by Code of Virginia
Title 10.1, Chapter 5, Article 4
• Protect downstream properties
• Maintain or improve water quality
• Control erosion & sediment
• Maintain stream channel integrity
• Minimize flooding
Watersheds are in Dynamic
Equilibrium
Lane’s Relationship
Qs D50 ∞ Qw S
Qs = Quantity of Sediment
D50 = Sediment Particle Size
Qw = Quantity of Water
S = Slope of Channel
Photo source: Arizona Department of Natural
Resources, Design Manual for Engineering
Analysis of Fluvial Systems, 1985
Maintaining Watershed Health
• General stormwater runoff from impervious
surface areas is the major source of microbial
pathogen pollution.
• Studies in North Carolina show watersheds with
impervious surface cover between 10% and
20% are impaired
• Watersheds with impervious surface cover over
20% are severely polluted with all areas unsafe
for shellfishing.
• Mallin, Michael A., Demographic, landscape, and meteorological factors controlling
the microbial pollution of coastal waters. Hydrobiologia 460: 185-193, 2001.
Development in Accomack County
# of Building Permits # of E&S Permits
1400 500
1200
400
1000
800 300
600 200
400
100
200
0 0
87
89
91
93
95
97
99
01
03
05
96
97
98
99
00
01
02
03
04
05
06
19
19
19
19
19
19
19
20
20
20
19
19
19
19
20
20
20
20
20
20
20
# of Building Permits # of E&S Permits
Construction Value # of Subdivision Final Approvals
$140,000,000 50
$120,000,000
40
$100,000,000
$80,000,000 30
$60,000,000
20
$40,000,000
$20,000,000 10
$0
0
87
89
91
93
95
97
99
01
03
05
19
19
19
19
19
19
19
20
20
20
2001 2002 2003 2004 2005 2006
Construction Value # of Subdivision Final Approvals
In 2005, the Planning Commission recommended preliminary approval of 30 major subdivisions, and in
2006, they recommended preliminary approval of 27 major subdivisions.
Accomack County E&S Program
• DCR Program Review September 30,
2005 identified program shortcomings
• Accomack Scored 153 out of 400 points
• July 2006 Board of Supervisors funded
additional staff to address problems
• October 2006 DCR Corrective Action
Agreement – County signed agreement
and is addressing problems
Accomack County E&S Program
• 2005 Program Review by DCR
– Program Administration 73/100
– Plan Review 50/100
– Inspections 20/100
– Enforcement 10/100
(Need 70 points each to pass)
Accomack County E&S Program
• Corrective Action Agreement
– All program personnel must be certified
– ESC ordinance must be updated
– Inadequate plans must have comments
returned in writing stating reasons for
disapproval
– Approved plans must meet Minimum
Standards
– Approved plans must meet guidelines of
VESCH
Accomack County E&S Program
• Corrective Action Agreement
– Periodic inspections must be conducted in
accordance with VESCR 4VAC50-30-60
– All construction sites are must meet the
requirements of the approved ESC plan and
the Minimum Standards (VESCR 4VAC50-30-
40)
– Pursue enforcement actions in accordance
with the VESCL when deadlines noted on
inspection reports are unmet
Fines for Localities
• 2005 General Assembly instituted civil
penalties for local ESC programs that fail to
implement Corrective Action Agreement
• §10.1-562.E. $5,000/per day/per violation, max of
$20,000 per violation
• If Accomack County does not implement the
CAA the fines could total $160,000.
Implementation of CAA
• July 2006 – Hired Environmental Planner
to do Program Administration and Plan
Review
• August 2006 – Hired E&S Control
Inspector to do Inspections and
Enforcement
Program Administration
• Staff are certified as plan reviewers and
inspectors
• New ESC ordinance has been drafted
Plan Review
• Checklist of items required in narrative and on
plans
• E&S measures
– must meet 4VAC50-30 19 Minimum Standards
• Stormwater calculations must show that
downstream properties are protected
– Runoff must discharge to a channel that is adequate
for erosion at the 2-yr storm event and adequate for
capacity at the 10-yr storm event
– Water quality requirements 4VAC50-60-60
Plan Review
• Over 40 E&S Plans were submitted for
review in 2006. Since January 2007, 21
new plans have been submitted.
• All plans are reviewed within 45 days with
written comments returned if necessary
• Each plan takes an average of 2-3
submittals before final approval
Inspections
• Prevention
– Pre-construction meetings and preventative measures
• Implementation
- Site meetings with the contractor on the installation of preventative
measures
• Results
– Cleaner waterways, lower runoff velocity and longer retention of
runoff on site.
– More stable sites and less sediment runoff from construction
sites.
Sediment entering unchecked into
tidal and non-tidal wetlands
Inspections
• Prevention
– Without Pre-construction meetings and preventative measures
Inspections
• Prevention
– With Pre-construction meetings and preventative measures
Erosion & Sediment Control At Work
• Implementation
Before Implementation Result
Before Implementation Result
Erosion & Sediment Control Protecting
• Unchecked & Unregulated Construction
Before
Erosion & Sediment Control Protecting
• Results of Checked & Regulated Construction
After
Enforcement
• Violations are issued a Verbal Notice and
Notice to Comply by certified mail
• If violation continues after deadline of
Notice to Comply a STOP WORK ORDER
is issued
• Under current ordinance violations are a
class 1 misdemeanor
• As of July 1, 2006 State Law for violations
allows fines up to $3,000 maximum.
E&S Program Summary
• Accomack County is actively working on
improving Erosion and Sediment Control
Program to meet requirements of Code of
Virginia Title 10.1, Chapter 5, Article 4
• Additional staff hired and trained 2006/07
• DCR Corrective Action Agreement being
addressed with efforts of additional staff:
– Program Administration In progress – need E&S
Ordinance Update
– Plan Review Complete
– Inspection Complete
– Enforcement Complete
Acknowledgements
The staff of the Department of Planning would like to
thank the County Departments, County Officials, and
State Agencies for their continued support and
cooperation in helping Accomack County Department of
Planning establish and maintain the Erosion and
Sediment Control Program.
-Board of Supervisors
-Planning Commission
-Steve Miner, County Administrator
-David Fluhart, Building and Zoning
-Tim Holloway, Virginia Department of Transportation
-Jane Corson-Lassiter, Soil & Water Conservation District
