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New
Fairfax County Requirement Surveying Downstream Ponds
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Fairfax
County announced in a March
31, 2003 Letter to Industry new policies and procedures
for land development projects upstream of existing impoundments.
All first submission site plans, subdivision plans, rough grading
plans, bonded grading plans (where the limits of disturbance
have not been included in the subdivision plans), public improvement
plans, infill plans, and minor site plans, will require a pre-construction
bathymetric survey of certain ponds downstream of the site prior
to plan approval. This policy is in response to several fights
in the last few years over how much sediment left certain construction
sites and was deposited in downstream ponds.
The new requirements are effective May 12, 2003. They include
impact area determination standards, developer/engineer responsibilities
and Fairfax County DPWES responsibilities. The intent of the
new policy is to quantify the pre-construction condition of
downstream impoundments so that future conflicts regarding “impacts”
to those impoundments can be minimized.
Most significantly, the new policy will require a bathymetric
survey (conducted using specific U.S. Army Corps of Engineers
standards) of impoundments located downstream of development
projects to be conducted prior to plan approval to establish
existing conditions. The amount of additional work and time
can be significant and requires some specialized surveying techniques
and equipment. In addition, developers or engineers will be
responsible for: (1) identifying all downstream water impoundments
within the Potential Influence Area (PIA)1; and (2)
providing certification on the plan that indicates if a water
impoundment is or is not located within the potential influence
area of the proposed land-disturbing activity. In addition,
under certain circumstances, post-bathymetric surveys may be
required.
Developers may be released from performing pre- and/or post-development
bathymetric surveys if: (1) the owner of the water impoundment
does not respond within 30 calendar days to the developer's
written request to perform a pre-development bathymetric survey;
(2) the owner of the water impoundment does not allow the developer
reasonable access to perform the bathymetric survey after reasonable
efforts to secure that access by developer have been made; or
(3) the requirement is waived or modified in writing by EFRD
on behalf of the Fairfax County DPWES Director.
While this new policy will require additional up-front effort
to establish pre-construction bathymetric data on downstream
impoundments, benefits to the development community should be
realized. For example, WSSI has been involved in many regional
projects in which both real and perceived sedimentation issues
could have been easily resolved at much less expense had pre-development
data been established. With procedures such as these, countless
man-hours can be saved on modeling pre-development conditions
of ponds, sampling the in-situ sediments, and in arguing with
owners about pond conditions prior to the commencement of upstream
construction.
For further policy details refer to Fairfax County's “Policy
and Procedures for the Evaluation of Downstream Impoundments".
If you have specific questions on this topic, contact: Frank
Graziano at fgraziano@wetlandstudies.com
or Bill Nell at bnell@wetlandstudies.com.
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Defined
as: (1) the point at which the total drainage area
is at least 100 times greater than the maximum proposed
disturbed area, or (2) an offsite water impoundment
downstream of the proposed land-disturbing activity where
the cumulative total water surface area of the downstream
water impoundment(s) exceeds 10 percent of the proposed
disturbed area.
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