Appalachian Power Company (APCO) appreciates the DEQ focus on summarizing the key points from the current regulations to aid in plan development and review.  We offer the following comments on the draft Guidance Memo.

APCO is concerned with the language used for Sheet Flow in Section 3.305 as the current requirement for the NPDES permit program are to regulate point source discharges.  Sheet flow is not defined by Virginia as a point source discharge.  The requirements proposed by DEQ in 3.305.1 create a burden on the regulatory community and take engineering guidance for determining storm runoff volume and peak rate of discharge and mis-apply those procedures to actual ground conditions for short durations of overland flow.  Further study and analysis by technical groups is necessary to evaluate sheet flow across the Commonwealth so that additional design and costs associated with post-construction stormwater facilities are necessary components to water quantity compliance.

APCO regrets that Guidance Memo 15-2003 or any other technical guidance for development of linear project plans was not included in this document and urges DEQ to look into ways that the urban watershed planning tool of the Virginia Runoff Reduction Method (VRRM) called for in 9VAC25-870-65 can be adapted to take into account linear projects and access roads to remain in often mountainous terrain in southwest Virginia.  Following Guidance Memo 15-2003 requires reclamation of all areas to predevelopment runoff characteristics, which imposes significant costs with unquantified environmental benefits.  Our ratepayers are very concerned at this time with rising costs of living and APCO is looking to ensure that investments in construction projects are prudent and meet the intent of the regulations.

Our consultants have great difficulty in applying energy balance to existing driveways, farm roads, and logging roads we utilize for access to our high voltage electric lines.  There are currently no stormwater BMPs on the clearinghouse utilized by DEQ that apply to mountainous terrain and our typical linear projects, most are intended for commercial developments on grades found in the Piedmont and Tidewater regions.  This leaves APCO in a disadvantage when trying to retain access for maintenance and inspections, or work with landowners who want to keep roads on their individual properties. 

APCO feels that the minimal options for water quality land cover also create additional costs and burdens by not allowing maintained rights of ways and disturbed areas to exist as open space without using that as credit for quality and having to place deed restrictions on those areas.  APCO uses managed turf instead which implies a nutrient load such as a golf course or manicured lawn that is not consistent with our typical areas of disturbance post-construction.  It is noted in this Guidance Memo that DEQ is currently reviewing the water quality design criteria.  APCO recommends that DEQ look to review the technical criteria not just for the Chesapeake Bay watershed.  APCO supports the development of a new stormwater management policy for linear utility projects that maximizes the flexibility of utilities to install and maintain access to their infrastructure at the lowest possible cost to the electric consumers in the Commonwealth, while properly taking into account the need to manage stormwater point source discharges from construction activities.

We appreciate the opportunity to review and comment on this document and feel that with additional work it can become a successful tool for the regulated community.

Sincerely,


Jared Webb, PE