National Association of State Conservation Agencies State Parks * Soil and Water Conservation * Outdoor Recreation Planning Natural Heritage * Dam Safety and Floodplain Management * Land Conservation National Association of State Conservation Agencies October 2, 2018

Engineering Job Approval Authority for Agricultural Best Management Practices in Virginia

History of Engineering Job Approval Effective October 1, 2013 NRCS no longer delegated engineering job approval authority for Virginia District employees Virginia Department of Professional and Occupational Regulation (DPOR) rules employees not under “direct control and personal supervision” DCR “grandfathered” District employees with existing authority to continue to design and certify practices under Virginia Agricultural Best Management Practices Cost-Share Program (VACS) NRCS continued to provide training and support

DCR District Engineering Services Provides services for 47 Virginia Districts Established by the Department in 2014 and provides: Engineering support with designs; Training of District employees; Implementation of various quality control measures Engineering Job Approval Authority (EJAA) Key component of quality control measures Authority to design, inspect, and certify various BMPs Level of EJAA based on individual’s training, experience, and demonstrated competence

DCR District Engineering Services (Cont.) Currently 6 employees 4 professional engineers 2 engineers (including manager) provide engineering assistance and administers EJAA for Districts 2 engineers assist Districts with responsibilities related to flood control structures Additional engineering technician oversees agricultural BMP engineering training program; provides support to Districts Dam engineering technician responsible for hydraulic and hydrologic modeling for dams

Dam Safety Related Services DCR Staff “Engineer of Record” 104 District owned dams 14 Virginia State Park dams Administer District Dam Maintenance, Repair, and Rehabilitation Fund $500,000 provided annually by General Assembly Additional $312,000 provided for routine maintenance ($3,000 per dam) Study on rehabilitation of high hazard District dams due to Governor and General Assembly by November 1

Virginia’s EJAA Established under Code of Virginia authority of the Virginia Soil and Water Conservation Board § 10.1-505. Duties of Board. 3. To oversee the programs of the districts. § 10.1-546.1. Delivery of Agricultural Best Management Practices Cost-Share Program. Districts shall locally deliver the Virginia Agricultural Best Management Practices Cost-Share Program described under § 10.1- 2128.1, under the direction of the Board, as a means of promoting voluntary adoption of conservation management practices by farmers and land managers in support of the Department's nonpoint source pollution management program.

Development of Virginia’s EJAA VA DPOR determined Program exempt from law because all practices are agricultural Convened an Engineering Workgroup to develop Program Comprised of District employees, Association of Soil and Water Conservation District representation, and DCR staff Based on NRCS’ Program Adapted standards and specifications Utilized standard drawings

Development of Virginia’s EJAA (Cont.) Worked closely with NRCS during development Training provided for key Department staff Program based on combination of demonstrated competency and training Program effective January 1, 2018

What requires EJAA? Cost-share program BMPs comprised of numerous NRCS components Example: livestock exclusion (SL-6) Comprised of 8 NRCS components Livestock pipeline, pumping plant, heavy use area protection, spring development, stream crossing, trails and walkways, watering facility, water well etc. EJAA assigned for components, not BMP Other practices requiring EJAA include: Grass filter strips Grazing land management Terrace systems

EJAA versus PE Certain components must be designed by licensed PE Determination made based on: Risk to life and property Type of engineering required Guidance issued by NRCS Examples: sediment basin; waste storage facility

3 Categories of EJAA Investigation and Evaluation Design On site observations for planning and preparation Provides producer with options for addressing concerns Design Design of practice Review of information, drawings, and specifications to ensure practice will address the concern Establishing any specific inspection requirements

3 Categories of EJAA Construction Surveys, layouts, staking Inspection of materials and work Ensuring installation meets specifications Requires approval signature

Levels of EJAA Varying levels can be issued for each component Similar to NRCS Example: May be issued for up to 1,500 feet of pipeline or up to 3,000 feet of pipeline Other variations include diameter of pipeline, velocity of stream Levels issued depend on competency demonstrated

Competency Demonstrated Examples of EJAA Category Factors Units Competency Demonstrated 1 2 3 4 5 Livestock Pipeline Pressure PSI (pounds per square inch) 50; 100 200 250 300 Diameter Inch 1.5 All Length (longest run) Feet 1,000 2,500 5,000 10,000 Stream Crossing Design velocity (<=6) FPS (feet per second) Design velocity (>6) 7 8 10 Culvert Inside Diameter Inches 18 24 36 48

Requirements to Receive EJAA For new EJAA Review of at least 3 complete design packages Person requesting review must have contributed to designs Must be documented in the plans For re-certification of EJAA Review of 3 complete design packages preferred

Review of EJAA Schedule determined in consultation with Engineering Workgroup Issuance or renewal at discretion of Department Reviews occur: Once every 3 years for employees with existing EJAA (either NRCS or DCR) Yearly review for employees who have never had EJAA for first 3 years of certification Field visit required for construction level EJAA

Unsatisfactory Reviews Employees that have held EJAA for more than 3 years but have not had a satisfactory review: Must have annual review no later than one year after unsatisfactory review Additional review in lieu of invalidating EJAA If second review is satisfactory, employee returns to review every 3 years

Certification Letter to each employee after review includes: Whether review was deemed satisfactory Any deficiencies noted When next review will be conducted Statement regarding status of EJAA Certification documents EJAA certification sheet All issued EJAA categories and levels listed

Training Training is significant portion of Program Regional trainings provided yearly based on needs One-on-one training with individual Districts Combined training for all Districts provided annually Program based on combination of demonstrated competency and training

Department of Conservation and Recreation Clyde E. Cristman, Director 600 East Main Street Richmond, VA 23219 Clyde.Cristman@DCR.virginia.gov 804-786-6124