Erosion and Sediment
Tim Carpenter
E & S Inspector/Plan Reviewer
605-1 Pine Street
Hillsville, VA 24343
276.730.3117 - office
276.733.1036 - cell
The office of Erosion & Sediment Control Inspector/Plan Review is responsible for approval of submitted E&S plans before any land-disturbing activity may take place. It is also responsible for inspections and enforcement of the Virginia Erosion & Sediment Control Laws and Regulations.
This office is currently located in the Governmental Complex in the C Wing
Virginia State Law requires any land owner wishing to disturb more than 10,000 square feet of soil must first submit to the local Plan Approving Authority an Erosion & Sediment Control Plan. Once the plan has been approved a land-disturbing permit may be issued. For the construction of a single family residence an Agreement in lieu of an E&S plan may be substituted. Where the land-disturbing activity is less than 10,000 square feet but is for the construction of a single family residence in a residential subdivision an E&S plan must still be submitted or an Agreement in lieu of may be substituted.
State law does allow civil penalties to be assessed against anyone who performs a regulated land-disturbing activity without the proper requirements or permits. If you are not sure of the requirements or have any questions pertaining to the E&S laws and regulations please call the office of Erosion & Sediment Control.
It is the responsibility of the land owner to make sure all required local, state and federal permits that may be required have been obtained before any land-disturbance may take place.
If the Plan Approving Authority determines that an Agreement in lieu of an E&S plan is satisfactory for the land-disturbance a simple form must be filled out and an administrative fee of $50.00 plus tax are all that are required for the land-disturbing permit to be issued.
If the Plan Approving Authority determines that an approved Erosion & Sediment Control Plan be submitted. The applicant must obtain written approval from the Plan Approving Authority stating the submitted E&S plan has been approved. The applicant must then submit to the Plan Approving Authority the name and certification number of a Responsible Land Disturber (RLD). This will be the person in charge of all E&S measures during the land-disturbing project. Carroll County also requires an administrative fee of $100.00 plus $25.00 per acre over 1 acre at 1% tax and a surety of $2500.00 per acre of disturbance in the form of a cash escrow, bond or an irrevocable letter of credit. Once the above criteria have been met a land-disturbing permit may be issued.
Notice to all Excavators, Developers, Contractors, Home Builders.
The office of the Erosion & Sediment Control Inspector requests a pre-construction conference before any land-disturbance take place. This is to help understand your plans of how and when certain E&S measures will be implemented as the project starts and progresses. Believe it or not this can save you and the land owner costly delays and possible fines from being imposed.
Exemptions to the E&S laws.
*Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work.
*Individual service connections.
*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.
*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.
*Surface or deep mining activities authorized under a permit issued by the Department of Mines, Minerals and Energy.
*Exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas.
*Tilling, planting, or harvesting of agricultural, horticultural, forest crops or livestock feedlot operations; 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 this title or is converted to bona fide agricultural or improved pasture. The construction of agricultural buildings ( barns, stables, livestock houses, etc.) that require more than 10,000 square feet of land-disturbance are not exempt.
*Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
*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, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.
*Disturbed land areas of less than 10,000 square feet in size unless the land-disturbing activity is for the construction of a single family residence in a residential subdivision.
*Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.
*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 ordinance.
*Emergency work to protect life, limb or property, and emergency repairs; however, if the land-disturbing activity would have required an approved E&S 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 plan approving authority.
The program administrator shall determine the validity of a claim of exempt status by a property owner who disturbs 10,000 square feet or more. As soon as a nonexempt status is determined, the requirements of the act shall be immediately enforced.
**Stormwater Management must be considered for ultimate development.
In addition to an Erosion & Sediment Control Plan, your project may require coverage under the Virginia Stormwater Management Program (VSMP) Construction General Permit. The VSMP Permit Regulations require owners/operators of construction activities (those sites or common plans of development or sale that will result in the disturbance of one or more acres of total land area) to obtain coverage under the General Permit for Discharges of Stormwater from Construction Activities [DCR01].
Those grading on the site must also hold a Responsible Land Disturber (RLD) certification.
These programs are administered by Virginia Department of Conservation and Recreation (DCR).
If you have any questions, please feel free to call the Carroll County Erosion & Sediment Control Office at 276.730.3117 or the Department of Conservation and Recreation at (540) 394-2581.
*Virginia Stormwater Program
*Virginia's 19 Minimum Standards For Erosion & Sediment Control
