In Spotsylvania County, sPower was allowed to build 300 permanent stormwater ponds as temporary erosion & sediment control ponds, and then “convert” them to permanent stormwater ponds after the construction phase was completed.  The problem with this approach is that the more stringent requirements for the construction of stormwater ponds were not enforced by either Spotsylvania County or VA DEQ.  For example, the compacting requirements for building the embankments are different, and the slopes of the banks are different.  These construction features cannot be changed later to meet the more stringent requirements for permanent ponds.

Recommendation:  clarify the regulations that a new stormwater pond must be built to the more stringent standards for permanent ponds, even if it will initially serve as an erosion & sediment pond during construction.  Construction standards for temporary erosion & sediment ponds should only be used when the pond will be removed after construction is completed.