Program evaluation of the city of Virginia Beach E&S control program

[From the U.S. Government Printing Office, www.gpo.gov]

PROGRAM EVALUATION

OF THE

CITY OF VIRGINIA BEACH

EROSION AND SEDIMENT CONTROL PROGRAM

ell,

TC
225
V8
P76
11

1989

PROGRAM EVALUATION

OF THE

CITY OF VIRGINIA BEACH

E&S CONTROL PROGRAM

Property of the Library

U.S. DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON, SC 29405-2413

SDN WATER RESOURCES
Six Manhattan Square
Suite 102
Hampton, Virginia 23666
(804) 865-9610

TABLE OF CONTENTS

Page
I EXECUTIVE SUMMARY I

Il OBJECTIVE 3

A. CURRENT LEGISLATION 3
B. PURPOSE OF EVALUATION 4

III EVALUATION METHODOLOGY 5

A. GENERAL 5
B. CURRENT ADMINISTRATION & ORGANIZATION STRUCTURE 7
1. REVIEW 7
2. EVALUATION 8
C. CURRENT PLAN REVIEW PROCESS 9
1. REVIEW 9
2. EVALUATION 13
D. CURRENT INSPECTION PROCESS 16
1. REVIEW 16
2. EVALUATION 19
E. ENFORCEMENT PROCEDURES 20
1. REVIEW 20
2. EVALUATION 22
F. CURRENT STAFF 24
1. REVIEW 24
2. EVALUATION 26

IV INTERAGENCY COORDINATION 29

V STAFF TRAINING 31

VI CONCLUSIONS 33

VII RECOMMENDATIONS 35

LIST OF FIGURES Page
1 ORGANIZATION CHART 8
2 PLAN REVIEW PROCESS 15
3 APPROVAL STAMP 17

ACKNOWLEDGEMENT

This report was produced, in part, through financial support from the
Council on the Environment pursuant to Coastal Resources Program Grant
No. NA88AA-D-CZ-091 from the National Oceanic and Atmospheric
Administration.

1. EXECUTIVE SUMMARY

This report contains the results of an evaluation of the City of Virginia Beach Erosion
and Sediment (E&S) Control Program. The evaluation determines the effectiveness of the
current program and recommends specific improvements.
Chapter II is an introductory chapter which provides an overview of the objective and
purpose of the evaluation.
Chapter III provides the evaluation methodology and determines whether the current
administration and organizational structure is adequate to meet the City's objectives of
controlling erosion and sedimentation. It evaluates the plan review process, inspection, and
enforcement procedures. It also determines the current and future staffing needs.
Chapter IV contains a discussion of the City's interagency coordination.
Chapter V highlights the need for staff training.
Chapter V1 provides conclusions on the evaluation of the City's E&S Control program.
Chapter VII recommends changes in the City's E&S Control Program.
The salient recommendations are listed below:

0 Establish an office to coordinate the activities of the
US Control Program,
0 Establish clear cut review, inspection, and enforcement
responsibilities,
0 Establish a certification program for the plan reviewers
and the inspectors,
9 Increase the surety bond and the penalty amount, and
0 Conduct awareness programs for the general public
and the building community.
0 Include E&S Control information in the City geographic
informatio n system (G.I.S.).

11 OBJECTIVE

A. Current Lepaislation
The City of Virginia Beach has been in the forefront of erosion and sediment control
legislation. In 1965, the City first approved an E&S Control and Tree Protection Ordinance.
At that time, the awareness for such programs was lacking and the knowledge of erosion and
sediment control measures was inadequate. The City of Virginia Beach exhibited a leadership
role among local jurisdictions in passing the Ordinance. The Ordinance mandated the
implementation of a city-wide E&S Control program. The enactment of the City of Virginia
Beach Ordinance, in 1965, preceded the Commonwealth of Virginia's law by eight (8) years.
The Commonwealth of Virginia erosion and sediment control legislation was promulgated in
1973. The general provisions of the 1973 act require that state-wide E&S Control standards,
criteria, and procedures be established and followed by local jurisdictions in developing and
implementing local E&S Control programs.
The Commonwealth of Virginia administers the E&S Control law through an E&S
Control program. The State program is administered by the Virginia Soil and Water
Conservation Board under Title 10, Chapter 5, Article 4 (Chapters 10.1 -560 -10.1 - 571) of
the State Code.
Pursuant to the State Code, the City of Virginia Beach has been regulating land
disturbing activities through a local E&S Control program. In compliance with the State Code,
the Virginia Beach City Council, on August 21, 1989, adopted an Ordinance to amend and
re-ordain Article III of Chapter 30 of the Code of the City of Virginia Beach pertaining to
E&S Control and Tree Protection. This adopted ordinance outlines the various methods to be
employed by the City of Virginia Beach to minimize erosion and sedimentation and includes
the policies and guidelines, and inspection and enforcement procedures.

B. Purpose of Evaluation
The Office of Environmental Management initiated and procured a Coastal
Management Grant (W NA88AA-D-CZ091) for $13,000 to have the evaluation performed.
Though the City has the staff and expertise, it was decided to hire an outside consultant to
perform the evaluation for objectivity.
It should be noted that this evaluation was initiated by the City and has not been
prompted by any State Law.
On July 3, 1989, Smith Demer Normann, Ltd. was retained to perform the evaluation
of the City's E&S Control Program. The purpose of the evaluation is to:
1. determine whether the current administration and organization structure is
adequate to meet the City's objectives of controlling erosion and sedimentation,
2. evaluate the plan review processes, inspection and enforcement procedures and
coordination with different agencies of the City of Virginia Beach,
3. determine the adequacy of staff training,
4. highlight the strengths and deficiencies of the program, and
5. provide recommendations for improving and enhancing the efficiency and
effectiveness of the current E&S Control Program.

IH EVALUATION METHODOLOGY

A. General
The City requested and obtained a grant. A committee of persons representing various
departments in the City of Virginia Beach, was formed to develop the content of the scope
of work and a contract. The Office of Environmental Management assumed the responsibility
for coordinating these tasks.
The first step, after the selection of the Consultant, was to collect background material
on the City E&S Control Ordinance and the State of Virginia E&S Control Law. These were
furnished to the Consultant by the Office of Environmental Management. A group meeting
was held between the Consultant and the members of the working committee to start the
project. The purposes of this meeting were to gather the pertinent information regarding the
functions and responsibilities of each department associated with E&S Control in the City of
Virginia Beach, and to discuss the operation of the program in a group setting.
The next step was to conduct individual interviews with the members of the staff of
each department associated with E&S Control in the City. These interviews were coordinated
by the Project Manager, Mary Morris of the Office of Environmental Management. The
following departments and the members of the staff were interviewed:
Department of Public Works
Engineering Division

Plan Review Section Mr. Richard Elliot
Waterfront Operations Bureau Mr. Thomas W. Couch
Mr. Gary Price
Highway Construction Mr. Don Perry
Mr. Chris DeFord

Highway Inspections Division Mr. Joe Russell
Mr. Al Henley
Department of Planninz Mr. Robert Bidlack
Comprehensive Planning Division Mr. Clay Bernick
Mr. Collin Powers

Operations Division Mr. Rick Scarper
Department of General Services
Landscape Division Mr. Roger Huff
Department of Agriculture
Environmental Services Division Mr. Bartley E. Tuthill
Department of Permits & Inspections Mr. Robert R. Loher
Office of the City Attorney Mr. David S. Hay
Mr. Nianza E. Wallace, H

At these individual interviews, the specific responsibilities of each department
associated with E&S Control was ascertained. The description and implementation of the
City's E&S Control Program f rom the perspective of each department was obtained and
verbal comments were solicited. The individual interviews were helpful in obtaining a good
understanding of the differing opinions of the program. The personal experiences with, and
attitudes toward, the program and its effectiveness and weaknesses were determined during the
interview process.
The next step was to visit various on-going construction projects in the City to observe
E&S Control practices. Another purpose of the field trip was to observe compliance with
technical standards contained in the State of Virginia's E&S Control Handbook, and with the
State Law and the City Ordinance. The following sites In the City were selected by the
Highway Inspections Division for observation during the field trip:

Redmill Lago Mar
Buym Farm North Glenwood
Whitehurst Grove Church Point
During the field trip, members of the staffs of various City departments accompanied
the Consultant.
The final step in the evaluation of the City E&S Control Program was to distribute
survey forms to staffs of the appropriate departments. The survey forms were developed by
the Consultant to evaluate the State of Virginia E&S Control Program. The survey forms
covered the following elements of the program:
Administration Plan Review
Technical Site Inspections
Enforcement Legal

B. Current Administration & Organization Structure
1. Review
Under the adopted City of Virginia Beach Ordinance, the plan approving authority
responsible for determining the adequacy of an E&S Control Plan submitted for land
disturbing activities is the Department of Public Works, Engineering Division or the City
Engineer. For reviewing the E&S Control Plans, other departments of the City are also
involved. An organizational chart depicting the various departments and divisions currently
involved in the City E&S Control Program and the functions performed by each of them are
shown on Figure 1.

CITY OF VIRGINIA BEACH
EROSION & SEDIMENT CONTROL PROGRAM

AUBREY WA7TS

CITY MANAGER

THOMAS MARTINSEN

DEPUTY CITY MANAGER

00
ROBERT LOHER ROBERT SCOTT ORAL LAMBERT
DEPT, OF PERMITS DEPT. OF PLANNING DEPT. 0F PUBLIC WORKS

THOMAS PAULS CHARLIE HASSEN ARTHUR SHAW F-JOSEPH RUSSELL
COMPREHENSIVE PLANNING OPERATIONS DIVISION ENGINEERING DIVISION HIGHWAY DIVISION

E & S CONTROL FUNCTIONS

� INSPECTION o PLAN REVIEW o PLAN REVIEW o PLAN REVIEW o PLAN REVIEW
� ENFORCEMENT o INSPECTION o INSPECTION
a ENFORCEMENT o ENFORCEMENT

ORGANIZATION CHART
FIGURE I

2. Evaluation
The organization chart shows that there are several departments involved in the City
of Virginia Beach E&S Control Program. These departments have responsibilities in
reviewing, inspecting, and enforcing E&S Control in the City. There is no one department
identified and associated with E&S Control. This organizational structure, at best, requires
extensive coordination between the various offices responsible for E&S Control. At times,
confusion may occur, leading to duplication of effort, delays, uneven application of the
ordinance, etc. This comment is made based on the experience of the Consultant. Whenever
extensive coordination is required, duplication of effort and delays do occur. Several
members of the staff also mentioned this during the interview process.
In order to focus attention on E&S Control, a single office should be assigned the
responsibility for overall coordination of all aspects of E&S Control and should have the
E&S Control designation in its title. This office could be under an existing department of the
City. The office phone number and name of the person to contact on E&S Control questions
should be on all the City's brochures and on all approved plans.

C. Current Plan Review Process

1. Review

Under the adopted City of Virginia Beach Ordinance, a Conservation Plan or E&S
Control Plan is prepared. The pla n reflects the measures to be utilized to contain sediment
on-site during the different stages of development of the site.
The E&S Control Plans are prepared by the Consulting Engineer, Surveyor, Architect,
or other representative for the developer or the builder. The Consulting Engineer, Surveyor,
Architect or person submits the plan to the Development Review Office in the Department of
Planning. After the plans are logged-in, they are forwarded to the Dep4rtmient of Public
Works, Engineering Division, Plan Review Section. After receipt and a second log-in of the
plans by the Department of Public Works, they are forwarded to various City agencies for

review and comment. -,view Section gathers all comments from different review
agencies. The comments are synthesized into one letter, a .copy of which is sent to the
Consulting Engineer, Surveyor, Architect, or representative who submitted the plans.
The type of plans which require that E&S Control measures be submitted to the Plan
Review Section are as follows:
9 Site plans for commercial activities
0 Construction plans for residential subdivisions
0 Drainage plans
0 Preliminary plans
0 Duplex plans
0 Combination plans
0 Grading and/or filling plans
The following agencies in the City of Virginia Beach review the E&S Control Plans:
Department of Public Works
Engineering Division - Plan Review Section
0 Reviews the appropriateness of the E&S Control measures utilized
for controlling sediment.
0 Reviews the design and supporting computations.
a Rev iews the drainage design.
a Reviews the appropriateness of the design and supporting
computations of the stormwater management measures (Best
Management Practices - BMPs).
Reviews the plan forcompliance with the State of Virginia E&S
Control Handbook.

Engineering Division -- Waterfront Operations Bureau
0 Reviews appropriateness of E&S Control measures in
environmentally sensitive wetland areas.
9 Reviews and approves all Site Plans and Construction Plans with
respect to wetlands.
0 Reviews and approves the plans connected with lowlands, and
borrow pits.
Hi - Inspects and monitors the project.
-ghway Insvections Division
Reviews and comments on all Construction Plans for residential

sub-divisions.
Reviews and comments on all Site Plans in the City of Virginia
Beach rights-of-way.
Reviews and comments on the appropriateness of the E&S
Control measures with respect to quality control during the land
disturbing activity.
Reviews and comments on the appropriateness of the E&S
Control measures with respect to maintenance.
Reviews and recommends on-site E&S Control measures to be
incorporated in the design to enhance specific site conditions.
Reviews the plan for compliance with the State of Virginia E&S
Control Handbook.

Department of Planning
Comprehensive Planning Division
Reviews and comments on all Site Plans and Construction Plans.

Reviews and coordinates the development activity with the overall
planning of the area.
Reviews and amalgamates the environmental effects of the
development activity with respect to water quality of the receiving

waters.
Reviews and approves tile stormwater management measures
(BMPs).
Reviews the compliance with the State of Virginia E&S Control
Handbook.
Department of General Services
Landscave Division
0 Reviews and comments on the appropriateness of the E&S
Control measures with respect to vegetative requirements and soil
erosion.
0 Reviews and comments on parking lot landscaping.
9 Reviews the plan for compliance with the landscape ordinance
requirements.
0 Reviews and approves the tree protection requirements.
Reviews and comments on screening and buffering requirements.
Department of Agriculture
Environmental Services Division

Reviews all Site Plans and Construction Plans for the
appropriateness of the E&S Control measures.
Reviews the E&S Control Plans and comments on the erodibility
of soils.
Reviews the plans for compliance with Floodplain Ordinance
Regulations and bank stability adjacent to floodplains.

2. Evaluation
After the E&S Control Plans are received and logged-in by the Department of Public
Works, Engineering Division, Plan Review Section, an individual staff engineer is assigned to
the project . The Plan Review Section determines to which agency the E&S, Control Plans
should be forwarded for review and comment. These agencies review the E&S Control Plans
for compliance based on their specific expertise and assigned responsibilities. The individual
review agencies make their comments and forward them back to the assigned staff engineer.
The assigned staff engineer incorporates all comments in a letter and forwards a copy to the
applicant. The applicant incorporates the comments in the revised E&S Control Plans and
resubmits to the Plan Review Section for approval. If the assigned staff engineer approves the
revised E&S Control Plans, the approval process is completed.
Figure 2 reflects the Plan Review Process and the various City agencies involved in
the approval of E&S Control Plans.
Thirteen (13) copies of the E&S Control Plans are submitted by the applicant. A full-
time staff member in the Plan Review Section is assigned to track the progress of the review
of the plans with various City agencies. The Plan Review Section keeps this information on
a well-structured Lotus spreadsheet. The Section is in the process of getting this information

transferred to an Rbase format.
With the forwarding of E&S Control Plans to various review agencies, there is a
possibility of the plans being misplaced or not being forwarded to a particular review agency.
In cases where all the comments have not been incorporated in the resubmitted plans, the
engineer sends the plans back to the applicant. Generally, all comments are incorporated in
one resubmission. This assertion is based on the comments made by the members of the staffs
of different departments during the individual interviews. The reviewing of E&S Control Plans
by various agencies provides a distinct possibility for duplication of effort, excessive review
and conflicting comments. This finding is based on the comments made by members of the

staff during the interviews. Presently, the resolution of any conflict on comments made by
various agencies on the E&S Control Plans is deliberated and coordinated by the assigned
staff engineer.
The process of resolution of any conflicts on comments can be improved by instituting
an additional step. Before the synthesized letter is mailed to the applicant, the commenting
agencies may review the draft of the letter. By instituting this step, the individual reviewer

CITY OF VIRGINIA BEACH
EROSION & SEDIMENT CONTROL PROGRAM

SITE PLAN
CONSTRUCTION PIAN

EPARTMENT
APPLICATION LOG-IN, PAY FEES OF
PLANNING

DEPARTMENT
ASSIGNS' ENGINEER & DISTRIBUTES PLANS OF
PUBLIC WORKS

ENGINEERING DIVISION

REVIEW & COMMENT REVIEW & COMMENT

DEPARTMENT DEPARTMENT DEPARTMENT DEPARTMENT DEPARTMENT DEPARTMENT
OF OF OF OF OF PUBLIC of
GENERAL SERVICES AGRICULTURE PUBLIC WORKS/HIGHWAY PERMITS k INSPECTIONS WORKS: WATERIFFRONT PLANNING
LANDSCAPE SERVICES INSPECTIONS DIVISION OPERATIONS BUREAU

DEPART'dENT OF
APPROVES PLAN-COMMENT IZ17ER PUBLIC WORKS PLAN REVIEW PROCESS
EN
F GINEERING DIVISION
TOTAL REVIEW TIME
RO KS
FOR APP VAL: 3-4 WEE
FIGURE 2 LAPPLICANT

of a particular agency can be sure that his concerns are being conveyed to the applicant and
the appropriate measures will be.shown on the approved E&S Control Plans. The time and
effort involved to review the draft letter should be minimal.
As is evident from Figure 2, there are several agencies involved in reviewing the E&S
Control Plans. Each agency reviews these plans from its own perspective and that is the
inherent strength of the current review process. At the same time, the process has certain
deficiencies for the reasons mentioned above. These deficiencies are the result of several
members of different agencies reviewing the same E&S Control Plans. As discussed before,
this can lead to duplication of effort and excessive review. This can be alleviated by reducing
the number of agencies involved in reviewing the plans. The particular agencies to be relieved
of reviewing the E&S Control Plans should be at the discretion of the City Manager's Office.

D. Current Inspection Process

1. Review
After the E&S Control Plans have been approved by the Department of Public Works,
Engineering Division, Plan Review Section, an approval stamp is affixed on the plans. A
facsimile of the approval stamps for E&S Control is shown on Figure 3. Recently, the Plan
Review Section has initiated a pre-construction meeting note to be added on the E&S Control
Plans. This note is in addition to the regular E&S Control notes to be shown on all E&S
Control Plans. The pre-construction meeting note directs the applicant's contractor to contact
the Department of Public Works, Highway Inspections Division before any land disturbing
activity commences on the particular site. The purpose of this meeting is to discuss the E&S
Control measures shown on the approved plan and to discuss construction scheduling and time
frames associated with the land disturbing activity on the site.

FIGURE 3

APPROVAL FOR OPERATION OF A
"LAND DISTURBING ACTIVITY"

APPROVAL is hereby given, In accord-
once with Article 11, Chaplet 31, Code
of the City of Virginia Beach (Ordinance
485) entitled EROSION AND SEDIMENT
CONTROL, and subject to all conditions
outlined in said ordinance.

APPROVED

DATE

APPROVED FOR EROSION AND
SEDIMENTATION CONTROL
ONLY

The following agencies of the City of Virginia Beach are associated with E&S Control
during construction:
Department of Public Works
Highway Inspections
Inspects all Site Plan activities in the City of Virginia Beach
rights-of-way.
Inspects all Construction Plans activities in residential
subdivisions.

Waterfront Operations Bureau
Reviews the plans adjacent to water (lakes, streams, rivers, etc.)
Reviews the plans associated with waterfront projects.
Inspects all construction activities associated with waterfront
projects.
Investigates all unauthorized land disturbing activities.
Prosecutes all unauthorized land disturbing activities.
Highway Construction
Inspects all construction activity for C.I.P. projects.
De artment of Permits and Inspections
Inspects all Site Plans activities which are not in the Cfty of Virginia
Beach rights-of-way.
Provides assistance to the Highway Inspection inspectors on an as

needed basis.

Department of Utilities
Inspects all utility projects.

2., Evaluation
As" in the plan review process, there are several agencies involved in performing the
identical function of inspecting the E&S Control measures to be installed during the land
disturbing activity. There is no clearly identified direction for the applicant's contractor with
regard to which agency to contact in order to have an inspection performed. During the
interview process, this confusion in the building community was verbally asserted by all
members of the staff. The confusion can be corrected by modifying the pre-construction
meeting note. The pre-cons truc don meeting note on all E&S Control Plans (Site Plans and
Construction Plans) should direct the applicant's contractor to contact die Department of
Public Works, Highway Inspections Division, for getting any inspection performed. By
instituting this step, there is one central agency which is responsible for performing the
inspections related to E&S Control. Any inspection to be performed for E&S Control
measures in the City should be the responsibility of this central agency.
It seems pertinent to comment that on certain sites, land disturbing activity commences
without knowledge of the inspection staff of any agency of the City of Virginia Beach.
Examples are rough grading or filling of sites. In such cases, the inspection staff has to play
catch up for getting the already deteriorating erosion and sedimentation problem rectified.
Interim measures may have to be installed and the process of ameliorating the situation could
be aggravated by inclement weather. This puts onerous responsibility on the inspection staff.
The pre-construction meeting note clearly states that no land disturbing activity can
commence before the Highway Inspections Division is contacted. By adding a phone number
to this note, it becomes the responsibility of the contractor to take this step. If any land
disturbing activity commences before notification is received, enforcement action should be
taken by the Highway Inspection Division.
The effective administration of an E&S Control Ordinance is not solely a matter of
regulating and enforcing the act ions of the private sector contractors. It is important to
incorporate E&S Control measures into the City of Virginia Beach's own C.I.P. projects. The

general public, as well as the building community, must perceive that the City will require of
itself what it requires of them. Presently, the responsibility of enforcing the E&S Control
Ordinance for C.I.P. projects falls under the Department of Public Works, Highway
Construction. The decision whether to combine E&S Control function of this agency with
the Highway Inspection Division or not involves organizational changes and should be at the
discretion of the City Manager's Office.
Likewise, all the E&S Control functions performed by the Waterfront Operations
Bureau can be the responsibility of the Highway Inspections Division. Some prudent
judgement by the staff will have to be made on case-by-case basis when environmentally

sensitive wetlands are involved.
During the interview process, it was mentioned that no E&S Control measures are
required for utility projects for water and sewer lines. It is recommended that a policy of
incorporating the E&S Control measures for these projects be instituted. The responsibility
of enforcing this may be combined with the functions of the Highway Inspections Division.

E. Enforcement Procedures

1. Review
Under Section 30 - 60 (a)(2) of the approved E&S Control and Tree Protection
Ordinance, the City Engineer may require monitoring and reports from the applicant to ensure
compliance with the approved E&S Control Plans. If the City Engineer determines that there
is a failure to comply with the plans, notice will be served upon the applicant by registered
or certified mail. The notice will 'specify the measures needed to comply with the approved
plans and shall specify the time within which such measures shall be completed. Upon failure
to comply within the time specified, the permit may be revoked and the applicant shall be
deemed to be in violation of the E&S Control and Tree Protection Ordinance. Section 30 -
60 (b) provides a vehicle to issue a stop work order on all or part of the land disturbing

activities permitted on the site. Section 30 - 75 lists the penalties associated with violating the

Ordinance.
The following agencies in the City of Virginia Beach are associated with enforcing the
E&S Control and Tree Protection Ordinance:
Department of Public Works
Highway Inspections Division
Waterfront Operations Bureau.
Highway Construction
Department of Permits and Inspections
Whenever there is a land disturbing activity on a site for which there are no approved
E&S Control Plans, the Waterfront Operations Bureau takes the responsibility of enforcing
the Ordinance. For all other Site Plan and Construction Plan activities in City rights-of-way,
the Highway Inspections Division enforces the ordinance. The Department of Permits and
Inspections is the lead agency for issuing the occupancy permits on all sites and residential
sub-divisions and also enforces the E&S Ordinance for construction activities which are not
in the City of Virginia Beach rights-of-way.
A surety bond based on $500.00 per acre (or fraction thereof) of the disturbed site is
required by the applicant to be posted with the Department of Public Works' Business Office.
After, the site has been finally stabilized and accepted by the inspection staff of the Highway
Inspections Division, the surety bond is released.
The following agencies of the City of Virginia Beach require and release their own
bonding:
Department of Public Works
Waterfront Operations
Highway C,onstruction

2. Evaluation
During the interview process, lack of enforcement was the most vociferous comment
made by all members of the staff. It was mentioned that enforcement does not receive
enough attention. The inspection staff has other responsibilities and enforcing the City's E&S
Control Ordinance is not their priority. This is not due to the inspectors' willful intentions.
The inspectors' workloads are en ormous and there are conflicting priorities.
As with the Inspection Process, the Highway Inspections Division should be the sole
agency responsible for enforcement. The inspection staff should only be charged with the
responsibility of enforcing the E&S Control Ordinance. The other duties not related to E&S
Control, which are presently being performed by the inspection staff, should not be their
responsibility. This could be performed by a sub-unit of the Highway Inspections Division.
One major problem which is encountered by the inspection staff is to hold the
individual site builders within a subdivision responsible for E&S Control. The applicant, who
is the developer of the subdivision, gets the E&S Control Plans approved and then sells the
subdivision lots to different builders for the construction of individual homes. At times, on
a single subdivision, there may be many different builders. This poses enforcement difficulties
for the inspection staff.
In all cases, the developer who posts the bond for a subdivision should be held
responsible for any neglect in following the approved E&S Control Plans. During the
interview process, it was conveyed to the Consultant the futility of holding the developer
accountable. This situation can be improved by modifying the pre-construction meeting note
to include requiring the applicant and contractor/builder to contact the FEghway Inspections
Division before any land disturbing activity commences on any site. The importance of this
has to be emphasized to the contractor or builder at the pre-construction meeting. The
persistent and systematic conveying of this message should result in compliance by the
building community.

The amount of surety bond presently required by the applicant to be posted with the
Public Works' Business Office is of the amount of $ 500.00 per acre (or fraction thereof) of
the disturbed site. During the interview process, it was pointed out by the members of the
staff that this amount is inadequate. If the City has to correct any E&S Control related
problem at any site, the surety bond amount, in all probability, will not cover the expenses
incurred. It is recommended that the amount of surety bond for the E&S Control Plans
should be the amount equal to the construction cost of the E&S Control measures required on
the site plus the maintenance required for these measures during the construction phase of the
project. The construction and maintenance cost estimates can be coordinated by the
Department of Public Works, Engineering Division.
The State Law and the City Ordinance authorizes the City Engineer to require from
the applicant a reasonable performance bond in the form of surety, cash escrow, letter of
credit or any combination there of acceptable to the City Attorney. The City can easily
increase the present bond amount of $500.00 per acre (or fraction thereof) of the disturbed
site. This bond amount does not reflect the current construction, material, and maintenance

costs.
The concerns of several builders working in one subdivision and the inability of the
inspection staff to enforce the E&S Control Ordinance may be reduced appreciably by
requiring the individual builders to post a surety bond with the developer of the site. The
amount of this surety bond may depend on the number of individual builders on the site and
the total construction and maintenance cost estimated as described above. It should be pointed
out that this recommended step will entail additional office work and monitoring required by
the inspection staff.
The present procedure of 'notice to comply and the issuance of stop work order, though
meeting the State Law and the City Ordinance provisions, is very time consuming and
cumbersome. It requires expending appreciable amount of time and effort by the inspection

staff and the Office of the City Attorney. This hinders the ability of the City's staff to
implement the enforcement procedures.
The interview process also highlighted the fact that the amount of penalty for violations
is inadequate. The State Law and the City Ordinance limits the fine amount. not to exceed
$ 1,000.00. This penalty amount is not considered to be@ a suitable deterrent'to' the applicant
or the individual builders. This impacts the ability of the City's staff to enforce the
Ordinance. The issue of raising the amount of the penalty is a legal matter and should be
explored by the City. Raising the amount of the penalty could make the developer and the
builders more aware of their responsibilities to meet'the intent of the City',s E&S Control
Ordinance.

F. Current Staffing

1. Review
The agencies cited in the previous sections have been identified As concerned and
connected with the City's Ordinance for controlling the migration of sediment to the receiving
waters. The staff of the individual agencies have,a myriad of other tasks to,perform. Their
primary function and responsibility is not E&S Control. For illustration purposes, the staff of
Highway Inspections Division is assigned the responsibility of performing the following
inspection functions besides inspection of, E&S Controls and enforcement of the City's
Ordinance:
Drainage Installations
Water and Sewer Open Cuts.
Grading and Excavating
Base Construction

Paving
Curb & Gutter Placement
Apron Installations

Traffic Controls
Street Name Signs
9 Best Management Practices
0 Engineers Estimates of Construction costs
0 Certificates of Completion
0 Moving and Hauling Permits
9 Utility Permits
0 Citizen Complaints and Inquiries
'P Encroachments

The Plan Review Section has an extensive check list for Site and Construction Plans
of which E&S Control measures is only one item. Waterfront Operations performs the
complete review, inspection, enforcement and prosecution of construction activities related to
marinas, piers, bulkheads, dredging, etc.. The Department of Permits and Inspections is solely
responsible for the complete building inspection including structural, electrical and fire
inspection.
Based on the personal interviews conducted with staff of the different departments, the
following number of staff personnel have been identified which are partially connected with
the E&S Control Program:
Agency Number of Staff
Department of Public Works
Plan Review Section 9
Waterfront Operations 6
Highway Inspections 18
Highway Construction 10
Department of Planning 6
Department of Permits and Inspections 10
Department of Agriculture 1

Department of General Services 3

It is apparent that there are many staff members directly involved with the E&S Control
process. But E&S Control is not the first priority of their job description and the complete,
und ivided attention which this Ordinance warrants is not feasible and forthcoming.

The current work load of the agencies is enormous. The following was ascertained during
the interviews with key members of the agencies involved with the E&S program:

0 Department of Public Works Site Plan reviews = 650
Plan Review Section Construction Plan reviews = 150
0 Department of Public Works Active Site Plans = 450
Highway Inspections Active Construction Plans = 150
0 Department of Planning Plans reviewed = 1400
2. Evaluation (Fiscal Year - 1988-89 estimates)
As was mentioned previously, the present City staff does not perform only the function
of reviewing, inspecting and enforcing the E&S Control Program. Presently, the inspection
staff devotes approximately less than 10% of their total time to E&S Control.
The following recommendations regarding staff are based on observations of effective
control programs in other municipalities and states. The numbers stated should be used as
guidelines and can be modified based on the City's staff experience and actual involvement
in E&S Control. The staffing is for the E&S Control Program only. Other duties to be
performed by the staff will require additional staff hours.

a) Plan Review and Approval

Based on the Consultant's experience with the evaluation of the State E&S Control
Program, eight (8) hours per plan review should be adequate. This assumes a mix of project
sizes and complexities. Also, it assumes that some plans are resubmissions. If it is assumed
that the City receives a combined total of 800 Site Plans and Construction Plans per year
(Based on fiscal year 1988-89 estimates), the Plan Review Section should provide a staff of
3.2 full time reviewers for the E&S Control Program. The computations are shown below:
8 hours X 800 plans X year X day 3.2 reviewers
plan year 250 days 8 hours

b) Inspection
Inspection is related to the average number of active land disturbing projects ongoing at
any given time. Based on 4 to 5 site visits per day, a single inspector solely devoted to E&S
Control should be able to oversee about 100 projects at any given time. With approximately
600 combined Site Plans and Construction Plans active in the City, the Highway Inspection
Division should provide a staff of 6 full time inspectors for E&S Control Program. The
computations are shown below:
@E-MjS@!-s x inspectors = 6 inspectors
c) Enforcement 100 projects
Some projects will require more time for enforcement than others. Assuming that about
ten (10) percent of the active projects will require some type of enforcement, about 60 active
projects will require action. Based on the earlier assumption of a single inspector able to
oversee about 100 projects, the Highway Inspections Division should provide a staff of 0.6
full time inspectors for E&S Control Program enforcement. The computations are shown
below:

600 projects 0.10 X inspectors 0 6 inspectors
IUF@i@Tjcts

The above computations are shown as a guideline and do not include vacation and sick
leave time. The total number of projects to be inspected by each inspector can be increased
or de creased based on the City's experience with subdivision and site plan inspection. The
total number of projects to be inspected and enforced also does not include the additional
work, from the Waterfront Operations Bureau and the Highway Construction (C.I.P. Projects),
which may be transferred to the Highway Inspections Division.
The total cost associated with reviewing, inspecting and enforcing the E&S Control
Ordinance is computed as below:

Plan Review = 3.2 x Avg. Annual Salary of $ 30,000 = $ 96,000
Inspection & Enforcement = 6.6 x Avg. Annual Salary of $ 22,500 = $ 148,500
Total $ 244,500
Supervisory time is not included in the above hours. The salary amounts are estimates
and do not include fringe benefits.

IV INTERAGENCY COORDINATION
During the interview process of the key members of the agencies, it was quite obvious
that the staff is deeply interested in the E&S Control Program. The concern exhibited by an
to control the deposition of sediment and to control erosion was exemplary. The sincere wish
to perform better and the enthusiasm to do it was obvious. It seems that except for a few
lapses, there is good coordination between the different agencies involved. It was mentioned
by the members of the City staff to the Consultant, that, at times, the individual reviewer is
not certain if his concerns have been conveyed to the applicant in the synthesized letter. The
lapses are prone to occur when more than one agency is involved and the channels of
communications are not well defined and clear. As discussed earlier under the Current
Administration Organization Structure, an office coordinating the E&S Control Program should
facilitate making the channels of communications well defined and clear.
With the implementation of Stormwater Management Ordinance (BMPs), the workload
of the agencies has increased substantially. Reviewing the plans and the appropriateness of the
BMPs to be installed requires additional time and careful scrutiny. The City Engineer's Office
is the agency in the City responsible for the implementation of the Stormwater Management
Ordinance. Installation of the BMP measures during the land disturbing activity requires
careful construction methods and detailed inspection. A fragmented organization may lead to
the wrong BMP devices being installed. Improper construction methods may result in improper
functioning and early failure of the BMPs. BMPs require regular and continuous maintenance
to function as intended and designed. It is suggested that the City explore the possibility of
combining the review, inspection and enforcement of the Stormwater Management Ordinance
with the E&S Control Ordinance. The scope of work of this evaluation does not allow the
Consultant to explore this issue in any detail. The number of inspectors needed to inspect and
enforce the E&S Control (as computed. earlier) does not include the inspectors for enforcing
the Stormwater Management Ordinance (BMP's).

The geographic information system (G.I.S.) currently being implemented by the City will
become an excellent vehicle for coordination of E&S Control projects in the City. Not only
will information be available to the review agency regarding the pre-project site conditions,
but all proposed and active project locations can be stored in the G.I.S. In addtion, the G.I.S.
database can be designed to contain review and inspection data, which will be useful in
coordination and in potential enforcement actions. Inclusion of overlap related to E&S Control
and stormwater management projects in the City G.I.S. is recommended.

V STAFF TRAINING
The State of Virginia Soil and Water Conservation Division has a training program for
E&S Control and BMPs. A few members of the staffs of agencies in the City have attended
the training seminars. Presently, there is no certification program in E&S Control available to
the inspectors. The Plan Review Section has conducted training sessions for staff engineers
and. for contractors. On June 26, 1989, the City of Virginia Beach hosted a one-half day
education and awareness program regarding E&S Control. The purpose of this program was

to:
bring about a greater interest in the Ordinance,
stress the importance of the Ordinance,
clarify and simplify the Ordinance,
help eliminate long-term damages to wetlands and water quality,
avoid unnecessary expenses to local development and builders, and
establish and improve communication between the City of Virginia Beach and the
construction and development community.

During the staff interviews, every member of the staff stressed the importance of training.
It was highlighted that the inspectors need to know and understand the reasoning and logic
for the different E&S Control measures, their proper installation techniques, and good
inspection procedures. All the inspectors in the Highway Inspection Division and the
reviewers in the Plan Review- Se ction should attend a required training seminar consisting of
lectures and slide presentations about the E&S Control measures and techniques. The training
seminars can be formulated on the following guidelines:
E&S Control Measures I Day
Installation & Maintenance Techniques I Day
Inspection & Enforcement Procedures I Day

Each member of the City staff who has successfully attended the training seminar, should
be awarded a certificate. The training seminar could be conducted by the City staff or an
outside Consultant can be hired to plan and conduct the seminar. Speakers from other
municipalities or agencies could be invited to participate.
The training seminars should be continued, improved, and expanded to provide a
continuing educational process in E&S Control and stormwater management.
The costs associated with conducting the training seminars will vary. If they are
conducted by the City staff, the funds can be a part of the operating budget of the City
Engineers' Office. It is estimated to cost an amount of $ 150 - $ 200 per attendee to conduct
the training seminar. The cost includes the course materials, and instructors' time and travel

expenses.
The education and training of contractors is paramount. The applicant's representative in
the field has to understand the consequences of uncontrolled erosion and sedimentation. The
general public also needs to be made aware of the threat to the public waterways. Education
and training is the key to warding off this problem. Other jurisdictions in the country have
differing approaches to educate and train the contractors. The developers and contractors
should also be encouraged to attend the training seminars. The City can charge the developers
and contractors a reasonable amount to attend the seminars.

V1 CONCLUSIONS
During the evaluation of the City of Virginia Beach E&S Control Program and the
interviews, it became evident that there are three key elements that should be present for a
successful program. These elements and their relevance to the City's program are described
below:

a) Recognition of Need
For an E&S Control Program to be successful, elected or appointed officials, the City

M
anagement and staff, developers, design consultants, and contractors must all recognize the
need for E&S Control. Indifference by any of these people or groups will undermine
implementation of a successful E&S Control Program. The City staff is extremely aware of
the need of a successful program and have exhibited great enthusiasm in its implementation.
Several members of the staff mentioned during the interview process that the City needs a
champion for the cause of E&S Control. By establishing an office of E&S Control, a name
identification will be created.

b) Adequate Ordinance, Administration & Organization Structure
Recognition of need on the part of elected officials and City management should lead to
an adequate administrative standards and procedures. The Ordinance provides the legal basis
for requiring controls and implementation. The City has a good Ordinance and it provides
enforcement staff a means of assuring implementation. The City also has adequate
administrative standards and procedures but there are several agencies involved in the plan
review process, inspection, and enforcement of the E&S Control Program. The present
organizational structure for E&S Control is fragmented and needs a moderate change. By
establishing an Office of Erosion and Sediment Control, all E&S related activities of the City
Manager's Office will be coordinated.

The present staff involved in plan review, inspection, and enforcement of the E&S Control
Program has many other responsibilities to perform as set forth in their job descriptions. By
providing the personnel, as recommended, to perform E&S Control functions exclusively,
complete attention for implementing the E&S Control program will be provided. The costs
incurred by the City to implement this recommendation will be the associated salaries and
benefits of the necessary staff and supervisory personnel.

c) Training
Technical expertise is required for the staff to review and approve E&S Control plans.
Technical expertise is also necessary for the inspectors to know whether E&S Control
measures are being installed correctly and when to permit or require additional field
modifications of approved plans. Technical expertise comes with training and experience.
Both are necessary.
The staff of the City reviewing the E&S Control plans have the necessary education.
During the interviews, it was mentioned that the plans are reviewed by engineers. The review
staff needs to be trained in the proper selection of E&S Control measures. The inspection
staff of the City needs die most training in E&S Control measures. This training should be
mostly for field inspectors, but the office staff may also be made familiar with E&S Control
measures. The training can be provided by the City staff or an outside consultant can be
hired. Each member of the staff involved with the E&S Control Program should have a
certificate showing that they have satisfactorily completed an approved training seminar.
Based on the Consultant's evaluation, the City's E&S Control Program is adequate and
has certain strengths. The strength is the dedicated staff and their awareness of E&S issues.
The program can be effectively improved by instituting the moderate to minor changes
recommended in the evaluation.

V11 RECOMMENDATIONS
As described in the report, the City of Virginia Beach E&S Control Program is
implemented by various agencies within the city. There are dedicated and effective personnel
involved in the program and the effectiveness of the program is and will be the direct result
of their efforts.
The following recommendations are made to improve and enhance the effectiveness of the

program:

a) Establish an office to coordinate the activities of E&S Control Program.
The City needs an Office of Erosion and Sediment Control to coordinate the E&S Control
activities of the different agencies of the City Manager's Office. This office should be the
central agency for the general public and the building community to contact and obtain
information. As suggested, this office can be under the Department of Public Works or the
Office of Environmental Management.

b) Establish clear cut review, inspection, and enforcement responsibilities.
The present organization of the Department of Public Works, Engineering Division, Plan
Review Section should continue. Full time plan reviewers should be assigned to review only
E&S Control plans. The pre-construction meeting note should be modified to include the
phone number and the name of the contact person in the Highway Inspection Division.
Institute an additional step in the review process to coordinate the comments made by the
individual reviewer, before the authorization letter is mailed to the applicant.

c) Establish a central sub-unit or section in the Highway Inspection Division to inspect all
sites and enforce the E&S Control Program.

d) Establish a certification program for the plan reviewers and the inspectors.

The certification program sponsored by the State is not in effect at this time. The City
can conduct its own training program with the help of its staff or an outside consultant. The
training seminar for this program should include material for E&S Control measures,
installation and maintenance techniques of these measures and inspection and enforcement
procedures. An exatnination/test should be included in the program and should be successfully
passed prior to certification.

e) Make education and train ing a priority for review engineers and inspectors.
The City should make an effort to encourage the engineers and inspectors to attend
continuing education and training. Any coursework or training obtained by the staff should
be rewarded by promotions or other financial incentives.

f) Increase the surety bond and the penalty amount.
The City should base the amount of the surety bond on the construction and maintenance
costs associated with the E&S Control rn easures. This will enhance the ability of the staff
to enforce the Ordinance. Higher bond and penalty amounts may deter the applicant and the
builder from acting in a negligent manner.

g) Conduct awareness programs.
The City should conduct sessions for the general public and the building community about
the consequences of uncontrolled erosion on the environment. This can be accomplished by
presentation of films, publishing articles and public forums. The City is already doing this
but the importance of the awareness programs should not be minimized.

h) Include the E&S Control Ordinance with the Development Review Ordinance
Including the E&S Control Ordinance with other City ordinances like zoning, subdivision,
site plan, and stormwater management, should make the building community aware of its
requirements for developing any site.

i) Design the City G.I.S. database to include E&S Control.
The City G.I.S. should contain information on the locations and status of E&S Control
projects. The data will be useful for coordination between agencies and for any necessary
enforcement actions.

DATE DUE

GAYLORDIN.. 2333 PRINTED IN U.S.A.

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