Environmental Issues

• Environmental Application Forms
• Chesapeake Bay Act Requirements
• Flood Plain Boundaries
• Erosion and Sediment Control Requirements
• Stormwater Requirements
• County MS4 Permit (VSMP)
• HUC Codes (Virginia’s 6th Order Hydraulic Unit Codes)
• Stormwater Permitting Requirements for Construction Activities
• Drainage Requirements
• Lake and Pond Impoundment Requirements
• Emergency Pollution Response and Complaints
• Land Application of Biosolids
• Standard Erosion and Sediment Control & Pollution Prevention Plan Notes

Chesapeake Bay Act Requirements

The Chesapeake Bay Act Regulations are administered by DPW and are contained in the County Code under Chapter 10, Environmental Management; Article II Chesapeake Bay Preservation.  These requirements provide the review criteria for development and redevelopment within environmentally sensitive areas of the County, mainly those areas within close proximity to stream systems.

As part of the building permit application process, scale drawings of the areas being developed are required.  DPW’s Form 201, Erosion and Sediment Control and Chesapeake Bay Permit Application for Residential Permits contains a listing of the required site features to be included on the drawing including environmentally sensitive areas subject to regulation under the provisions of the Chesapeake Bay Act such as Chesapeake Bay Resource Protection Areas (RPA), wetlands and streams with perennial flow.  It should be noted that minimum setbacks from environmentally areas are required under the provisions of the Code.  In addition, sewage disposal systems located in Chesapeake Bay Preservation Areas (CBPA) are subject to more rigorous design and maintenance requirements.

Any applicant desiring to develop or redevelop any land within the County is required to submit DPW's Form 202, Water Quality Impact Assessment prepared by a qualified professional.  Where proposed development or redevelopment within a Chesapeake Bay Preservation Area exceeds 50,000 square feet, additional water quality impact assessment information may be required.  Applicants proposing to construct a single family dwelling or accessory structure may request DPW make a determination that the construction is in conformance with the Chesapeake Bay Preservation requirements.

For additional information on the Chesapeake Bay requirements contact the Hanover County Department of Public Works at 804-365-6181.

For additional information on the Chesapeake Bay Act, regulations, or programs, contact the Virginia Department of Conservation and Recreation Division of Chesapeake Bay Local Assistance Toll-free/TDD: 1-800-CHESBAY.

Flood Plain Boundaries

Hanover County has been working with the Federal Emergency Management Agency (FEMA) and the US Army Corps of Engineers to update the 100-year flood elevations for streams in the County.  This project, which was funded by FEMA, is a joint effort between FEMA, the Corps, and Hanover County and has taken several years to complete.  Under this project FEMA determined the Base Flood Elevation along the streams studied and then generated an updated flood plain boundary.  The Base Flood Elevation for the 100-year flood is the flood that has a 1% chance of being equaled or exceeded in any given year. FEMA has drafted a “Fact Sheet”, which contains information on their Flood Plain Management Program.

FEMA has compiled proposed Flood Insurance Rate Maps (FIRM) under the National Flood Insurance Program using the updated 100-year flood plain data.  The process for FEMA to officially adopt the revised flood plain boundary maps requires FEMA solicit public input on the proposed Base Flood Elevations, through issuance of a “Proposed Flood Elevation Determination” announcement.  This announcement contains contact information for FEMA.  For additional information on the FEMA flood plain program please visit their web page at www.fema.gov or www.fema.gov/plan/prevent/floodplain/index.shtm.  If you already have flood plain insurance, the National Flood Insurance Program has grandfather provisions, which can be viewed at www.fema.gov/library/viewRecord.do?id=2497, which may provide you with cost savings opportunities.

The proposed FIRM maps can be viewed in the Hanover County Public Works Department offices located at 7516 County Complex Road, Hanover, Va. 23069.  You can contact the Public Works Department at (804) 365-6181.  If you reside in the Town of Ashland, the FIRM maps can be reviewed in the Town offices at 100 Thompson Street, Ashland, Va. 23005.

Hanover County has also created a “Geographic Information System (GIS)” web page that allows citizens and businesses to view the flood plain boundary and the base flood elevation data on aerial photography (flown in the Spring 2009).  The web site allows users to enter their tax parcel number or street address to locate their property.  The web page will then display the property, aerial photography, flood plain boundary, and base flood elevation data.  If you have questions about the GIS web page, please contact the GIS office at (804) 365-6811.

FEMA has revalidated some determinations described in Letters of Map Change (LOMC) that were issued prior to this most recent update to the flood hazard elevations.  This revalidation lists properties or structures that have been determined to be outside of a floodplain.  Revalidation Letter.

Erosion and Sediment Control Requirements

The Virginia Erosion and Sediment Control Regulations are administered by DPW and are contained in the County Code under Chapter 10, Environmental Management; Article I Erosion and Sediment Control.  These regulations require all new development (i.e. site plans and/or subdivision plans) to obtain a Land Disturbance Permit prior to land disturbing activities (e.g. land clearing or grading).

Land disturbance activities require a permit if disturbed area is 2,500 square feet or more in a Chesapeake Bay Preservation Area or 10,000 square feet or more in non-Chesapeake Bay Preservation Areas.

In order to receive a Land Disturbance Permit, a qualified professional must prepare an Erosion and Sediment (E&S) Control Plan, and a performance bond must be posted with DPW to cover the cost for the E&S control measures shown on the approved plan. 6 Key Components of Successful Seeding for Erosion Control  

Only bona fide agricultural and forestry management activities are exempt from the E&S regulations. These exempt activities must be covered by plans prepared by the Hanover-Caroline Soil and Water Conservation District (for agricultural activities) or the Virginia Department of Forestry (for forestry management activities). Illegal land disturbance activities are subject to the issuance of a Stop Work Order to the landowner and the Civil Penalties contained in the County Code.

For additional information on Erosion and Sediment Control requirements, contact the Hanover County Department of Public Works at 804-365-6181.

For additional information on Virginia’s Erosion and Sediment Control Program, contact the Virginia Department of Conservation and Recreation at (804) 786-1712.

Stormwater Requirements

Hanover County’s Regional Stormwater Management Program applies to all new development and redevelopment located in the County’s Suburban Services Area, as defined by the County’s Comprehensive Land Use Plan.  The County’s stormwater program provides for the collection of a one-time pro-rate share fee from development based on the amount of impervious surface.  Fees collected are used to construct regional stormwater management ponds to meet water quality requirements instead of requiring on-site Best Management Practices (BMPs).  Participation in the County’s program is voluntary.  Those choosing not to participate must comply with the requirements mandated by the Chesapeake Bay Act Regulations and the Virginia Stormwater Management Program.

New developments and redevelopments located outside of the Suburban Services Area are not eligible to participate in the Regional Stormwater Management Program.  These developments must comply with the requirements mandated by the Chesapeake Bay Act Regulations and the Virginia Stormwater Management Program.

The improper disposal of waste materials can have a significant impact on water quality.  Hanover County Solid Waste Services offers a variety of waste disposal and recycling services to encourage the proper management of common household wastes.

For additional information on the County’s stormwater requirements, contact the Hanover County Department of Public Works at 804-365-6181.

Stormwater Links:
U. S EPA Citizen’s Guide to Stormwater Management
U. S. EPA Stormwater Permitting Program (VPDES Permits)
VDOT Drainage Design Manual
Virginia Erosion and Sediment Control Handbook
Virginia Stormwater Management Handbook

County MS4 Permit (VSMP)

Hanover County’s urbanized area is subject to the requirements of the National Pollution Discharge Elimination System (NPDES)program related to municipal separate storm sewer systems (MS-4) as mandated by the Clean Water Act.  In the Commonwealth of Virginia the NPDES program is administered by the Virginia Department of Conservation and Recreation under the Virginia Stormwater Management Program (VSMP). The County’s MS-4 permit took effect on July 9, 2008 and covers a five-year period, expiring on July 9, 2013.  The County is required to reapply for permit coverage at least 90 days prior to the permit’s expiration date.

Provided here is a copy of the County’s DRAFT Registration Statement for the MS4 program. This registration is to be submitted the the Department of Conservation and Recreation by April 9, 2013. Contact Hanover Public Works at 804-365-6181 with any questions.

Provided here is a copy of the County’s MS4 Program Plan submitted to DCR with the County’s MS4 permit application.

Under the terms of the MS-4 permit the County is required to identify: (1) proposed best management practices and measurable goals for six required “minimum control measures”; (2) the timing of implementation for each control measure; and (3) the person or persons responsible for implementing the Stormwater Management Program.  The County’s program contains the EPA’s six minimum control measures along with specific measurable goals and interim milestone completion dates for each, as well as the person or persons responsible for their implementation.

Provided here are copies of the County’s annual report as submitted to DCR by October of each year of the MS4 permit. The annual report describes the County’s actions during the term of the permit described in the MS4 Program Plan provided above.
Year 1 - Annual Report FY 2009  
Year 2 - Annual Report FY2010
Year 3 - Annual Report FY2011
Year 4 - Annual Report FY2012

The following guidance is designed to assist the public with issues related to the County’s MS4 permit including basic information on the MS4 program and methods to assist the public with the prevention of pollution. Provided below are all current guidance documents:
Small MS-4 Program Fact Sheet – Information Bulletin 1
Illicit Discharge Detection and Elimination – Information Bulletin 2
Construction Site Tips - Information Bulletin 3
Construction Site Waste Management - Information Bulletin 4
Concrete Truck Washout - Information Bulletin 5

For additional information on the County’s MS-4 permit or the requirements under the NPDES program, consult the County’s or contact the Hanover County Department of Public Works at 804-365-6181.

Hanover’s MS4 permit for FY2011 called for the development of a brochure pointing out the environmental problems caused by the improper disposal of pet waste. A number of Hanover’s streams have been impacted by pet waste. The proper disposal of pet waste can keep Hanover’s water clean.

HUC Codes

(Virginia’s 6th Order Hydraulic Unit Codes (HUC))

Hanover County is required to track construction activities based on the watershed where the activity is occuring.  Several of the forms that are submitted for development projects require the applicant to include the “hydraulic unit code” or “HUC Code” where the project is located.  The HUCs for Hanover County are provided at the following link: Hydraulic Unit Codes (18Mb).

Stormwater Permitting Requirements for Construction Activities (VSMP Construction Permit Assistance)

Owners and/or operators of construction activities equal to or larger than one (1) acre are required to apply for registration coverage under the General Permit for Discharges of Stormwater From Construction Activities from the Virginia Department of Conservation and Recreation under the Virginia Stormwater Management Program (VSMP).

Owners and/or operators of construction activities larger than 2,500 square feet and less than one (1) acre located in Chesapeake Bay Preservation Areas are also required to apply for registration coverage.

Recent changes to the VSMP construction permit will require stormwater issues to be addressed in the VSMP construction permit application, the Storm Water Pollution Prevention Plan (SWPPP), and the termination application.  The following guide is provided to assist operators of construction activities in Hanover County with the preparation of these documents.

VSMP Construction Permit Assistance

Mapping of Impaired Waters, HUC areas, Stormwater Program Boundary and MS4 Boundary
(Please note that the above map is quite large and is intended to be viewed as a PDF and not printed)

List of Impaired Waters in Hanover County
(Based on Final 2008 305(b)/303(d) Integrated Report)

County Owner Stormwater Basins
This information is provided based information that was available on the on the effective date of the VSMP Construction Permit Regulations, July 2009.  Impaired waters are updated every other year and can be found in the latest Water Quality Assessment 305(b) and 303(d) Integrated Report

For additional information on stormwater permitting requirements for construction activities, contact the Virginia Department of Conservation and Recreation at 804-786-1712.

Drainage Requirements

All new development or redevelopment within the County is required to comply with Chapter 12, Floodplain and Drainage Control, of the County Code.  This Code section is supplemented by DPW’s Drainage Design Handbook (Figure G1 Layout), which establishes detailed design criteria for implementing the County Code.

The DPW Drainage Design Handbook addresses instances where the County drainage requirements differ from those of the Virginia Department of Transportation (VDOT) and the Virginia Erosion and Sediment (E&S) Control Program.  In all cases where the handbook is silent on a specific issue, the applicable design criteria shall be those of the VDOT and the Virginia E&S Control Program.

For additional information on the County’s Floodplain and Drainage Control requirements, contact the Hanover County Department of Public Works at 804-365-6181.

Lake and Pond Impoundment Requirements

DPW regulates the construction or modification of lake and pond impoundments. Construction activities associated with these facilities are required to have an approved plan and a Land Disturbance Permit.

In order to obtain a Land Disturbance Permit, engineering plans are to be submitted to DPW which address the requirements contained in Chapter 12, Floodplain and Drainage Control, of the County Code.  This Code section is supplemented by the County’s Drainage Design Handbook, which contains detailed design criteria.  Please note, a Conditional Use Permit may be needed from the Hanover County Planning Department.

Once construction activities are completed, a certification from a Qualified Professional must be submitted to the County stating that the facility has been constructed or modified in accordance with the approved plan using the New Private Stormwater Facility Certification Inspection By a Consultant .  Most facilities also require a recorded owner maintenance agreement that stipulates the structure will be maintained as designed and inspected regularly.  The typical maintenance agreement requires an inspection of the facility every 3 years by a Qualified Professional retained by the owner. The County has developed a “Private Stormwater Facility Certification Inspection by a Consultant 2011” form and a “Stormwater Facility Inspection Guidance” Document that can be utilized by the Qualified Professional.

The County recommends that owners check their facilities twice a year and after each significant rain event.  These inspections can prevent failure of the facility and lower overall repair costs by addressing maintenance issues early.  To assist owners with these inspections the County has created a ”Private Stormwater Facility Inspection by Owner 2011” form and a “Stormwater Facility Inspection Guidance for Owners” document.  While the results of owner inspections are not normally submitted to Hanover County, we recommend owners keep records of these inspections.

Some facilities are also regulated by Virginia’s Department of Conservation and Recreation.  All construction or modifications of facilities regulated by the State must also comply with the Virginia Dam Safety Program administered by the Virginia Department of Conservation and Recreation.
For additional information on County requirements, contact the Hanover County Department of Public Works at 804-365-6181.

For additional information on the Virginia Dam Safety Program, contact the Virginia Department of Conservation and Recreation at 804-786-1712.

Emergency Pollution Response and Complaints

If a citizen observes an emergency situation involving a spill or discharge of any liquids or potential hazardous materials, Hanover – 911 should be called immediately.  Overturned vehicles, refueling spills, and hazardous material releases are examples of situations where Hanover - 911 should be called.

Non-emergency situations involving pollution incidents in Hanover County can be reported to the Virginia Department of Environmental Quality’s Pollution Response Program in the Piedmont Regional office (PRO).  Oil spills, fish kills, and hazardous material releases are examples of incidents that may involve the Pollution Response Program.

Land Application of Biosolids

Regulations pertaining to the land application of Biosolids (i.e. sludge) are contained in the County Code under Chapter 10, Environmental Management; Article III Land Application of Biosolids. A land application permit must be obtained from the Virginia Department of Environmental Quality Biosolids Application Program.

Hanover County only allows stabilized dried "cake" Biosolids to be land-applied.  The County does not permit liquid Biosolids or water which has been exposed to Biosolids in uncovered storage facilities to be applied to land, due to the environmental concerns with possible discharges to stream systems, high frequency of odor complaints and the lack of pathogen reduction requirements for these unregulated liquids.  Stabilized dried "cake" Biosolids are tested, stabilized and treated for pathogen reduction.

For additional information on the Land Application of Biosolids, contact the Hanover County Department of Public Works at 804-365-6181.