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Contractors be aware: State permits required
BY CHARLES GARRATT + STAFF WRITER
HOT SPRINGS - Contractors and developers already familiar with erosion and sedimentation plans found out about Virginia regulations for managing stormwater during construction at a presentation in Hot Springs Monday.
Stormwater management plans and permits required by the state are not the same as the plans and permit required for erosion and sedimentation control (E&S), said Bath E&S administrator Andy Seabolt. E&S regulations are local, Seabolt said, while stormwater management permits are issued by the Virginia Department of Conservation and Recreation.
This can lead to some confusion, he added. He hopes the board of supervisors will revise the E&S code to require the stormwater management permit as part of the E&S application so his office can help contractors avoid being cited after construction begins.
While he can tell developers and contractors about the state permit, under current local code he cannot require the state permit before he issues E&S permits or building permits. If the local code is changed, contractors would not be able to begin distrubing land until all permits are obtained.
Only about 25 percent of contractors are aware of the state permit requirements, says Mark Chambers, who presented the program. Chambers works in the DCR office in Staunton and is responsible for permit enforcement in much of western Virginia.
The program was targeted to contractors and developers in Bath, Highland and Alleghany counties. In the past year, Chambers has been involved in only four permits and six complaints that did not require permits in Bath and Highland.
Federal law requires construction site operators to develop and implement plans to address water quality during any land disturbance equal to or greater than one acre.
In Virginia, this is done through a Virginia Stormwater Management Program general permit. In addition, DCR is authorized to issue National Pollutant Discharge Elimination System permits for stormwater runoff.
Unlike E&S permits, Seabolt said, state permits are concerned not just with water flow and soil loss but also with total water quality. Any kind of potential pollutant, including fuels and construction materials, is of concern.
As part of the permit process, contractors prepare a Stormwater Pollution Prevention Plan. A plan narrative includes a description of the site, list of contractors, list of receiving waters, list of potential pollution sources, list of measures to control pollutants and a schedule of grading and stabilization activities.
"Pervious surfaces, such as meadows and woodlands, absorb and infiltrate rainfall, hence generate little runoff," the DCR explains. Development covers those surfaces with impervious materials. The result, says DCR, is that a typical city block generates nine times more runoff than a woodland of the same size.
In addition, the developed landscape collects pollutants such as "automobile oil, grease, brake pad dust, sediment from construction sites, bacteria from animal waste, excess lawn care fertilizers and pesticides." During storms, these pollutants can be washed into streams and rivers.
Some land disturbing activities
are exempt from the permit process. Exemptions include singlefamily residences not part of a subdivision and most farming and agricultural activities.
The materials distributed Monday include a three-page stormwater plan checklist. The tiny font used on the checklist gives an instant visual cue as to the details required.
Chambers says contractors should be able to fill out the permit application themselves with the help of the Web site, and the instructions included with the forms. "They won't be able to create a plan on their own," he adds. The plans require engineering calculations, Chambers said.
Chambers can answer a few questions about the application, he said, but the application goes through the main DCR office. He points out the state will cite and fine contractors if they being construction without the permit.
The Web site, and literature available from DCR, has a lot of good information, Chambers said. He recommends the Web site to contractors and developers wanting to learn more about permit requirements and application. Go to: www.dcr.virginia.gov/ soil&water/stormwat.shtml for the DCR site on stormwater management.
For permits, more information or to report violations, contact Chambers in the Staunton DCR office at (540) 332-9225.
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