Soil erosion is the wearing away of the land surface (including detachment and movement of soil particles) by running water, wind, ice, and gravity.  Frederick County’s Erosion and Sediment Control (ESC) Program primarily deals with erosion resulting from water (raindrop impact and surface runoff) on un-stabilized soil during the construction process.

All qualifying land disturbing activities 10,000 square feet or more require a land disturbance permit.  Please see the commercial/industrial land disturbance permit package for details.  If you are still uncertain as to whether a specific activity is regulated, please contact Public Works at 540-665-5643.

Agricultural operations including management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, and livestock operations are exempt and do not require a land disturbance permit.  Such operations must produce food or fiber within 12 months of the initial activity.

The stormwater regulation describes a common plan of development as “a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules.”  This includes phased subdivision/site plans.

Please see DEQ Guidance Memo No. 15-2003 for information regarding linear projects: https://townhall.virginia.gov/l/GetFile.cfm?File=C:%5CTownHall%5Cdocroot%5CGuidanceDocs%5C440%5CGDoc_DEQ_5735_v1.pdf

As defined in the Frederick County Code, final stabilization occurs when “all soil-disturbing activities at the site have been completed, and a permanent vegetative cover has been established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved that is uniform (e.g., evenly distributed), is mature enough to survive, and will inhibit erosion.”

Virginia Erosion and Sediment Control Minimum Standard 2 states, “during construction of the project, soil stockpiles and borrow areas shall be stabilized or protected with sediment trapping measures. The applicant is responsible for the temporary protection and permanent stabilization of all soil stockpiles on site as well as borrow areas and soil intentionally transported from the project site.”

Virginia Erosion and Sediment Control regulations further state that “whenever land-disturbing activity involves activity at a separate location (including but not limited to borrow and disposal areas), [Frederick County] may either:

1. Consider the off-site activity as being part of the proposed land-disturbing activity; or

2. If the off-site activity is already covered by an approved erosion and sediment control plan, the VESCP authority may require the applicant to provide proof of the approval and to certify that the plan will be implemented in accordance with the Act and this chapter."

Please contact the Department of Planning and Zoning at 540-665-5651 to begin the bond release (or reduction) process.

Applicable code is located at the following link County Code Chapter 143.

Details and specifications can be found within the Virginia Erosion and Sediment Control handbook (https://www.deq.virginia.gov/water/stormwater/esc-handbook).

Alternative erosion and sediment control measures may be utilized if they are specifically shown on the approved erosion and sediment control plans or if written approval is provided by a FCPW E&S inspector.

Sediment trapping devices (basins, traps, etc) may only be removed once the upstream areas have been stabilized and permission to remove has been granted by a FCPW inspector.

SWPPPTrack is FCPW’s mobile inspection application.  Construction operators and/or contractors will receive routine inspection reports via email which may identify erosion and sediment control deficiencies which require attention.

Any deficiencies identified on the SWPPPTrack inspection must be remediated within seven (7) days to avoid enforcement action by FCPW.  Once corrective action has been made, please reply to FCPW using the link provided in the inspection report email.  If the items cannot be corrected within seven (7) days please contact your E&S inspector.

Please contact FCPW to ensure that SWPPPTrack has the correct contact information or to add individuals to the list of those receiving inspection reports.

https://www.deq.virginia.gov/permits-regulations/training-certification/responsible-land-disturber
Please note that this program is administered by the Virginia Department of Environmental Quality and not through Frederick County.

Go to the RLD course in DEQ's Certification Accreditation Tracking System (CATS).