Public Comments on Proposed General Permit for Discharges of Stormwater from Construction Activities

To:  DEQ and the State Water Control Board

Thank you for your consideration of the information contained in the following comments related to the proposed changes to the General Permit for Discharges of Stormwater from Construction Activities. 

9VAC25-880-45 2(b)(1).

Per DEQ guidance memo 14-2014 issued August 25, 2014, land-disturbing activities that obtain first-time coverage under the 2014 general permit, with the exception of “grandfathered” projects or projects served by an existing stormwater management facility, are subject to the new Part II B technical criteria for two (2) additional general permit cycles. Any land-disturbing activities served by an existing on-site or off-site stormwater management facility, including a regional (watershed-wide) stormwater management facility, designed and implemented in accordance with the old Part II C technical criteria remain subject to the old Part II C technical criteria for two (2) additional general permit cycles.

The use of grandfathered existing on site or offsite facilities, including regional facilities designed to meet the Part IIC criteria is not reflected in the language in the proposed permit.  This will affect projects that have been permitted to use a regional facility designed to the Part IIC criteria, but have not yet begun construction or still have portions of the project that are not under construction.  Please include language consistent with the guidance.

9VAC25-880-45 2(b)(3)(d)(1)

Please clarify that this definition means that construction has begun on any portion of the project included on the stormwater management plan, including regional stormwater facilities.

9VAC25-880-50(B)(17)

Comment:  The requirement to purchase nutrient credits prior to the issuance of state coverage may cause delays in releasing plans for construction.  Complete SWPPPs (including approved stormwater management plans) are often approved by the locality early in the site plan process. Permit processing can take several weeks and nutrient credits are typically not purchased until the entire site plan has achieved approval from the locality and just before the plan is released for construction.  Final plan approval/release or land disturbance permits should be sufficient to make sure credits are purchased.

9VAC25-880-70 PART II G(2)(b)(2)(c)

The numbering appears to be incorrect in this proposed section.  This comment refers to the increased inspection frequency for frozen/stabilized projects. The inspection frequency for G(2)(a) properties should be the same as for those projects covered by G(2)(b) and(c).  There is no significant risk of polluted runoff from a property in an area with a TMDL if the ground is stabilized or frozen over a project not covered by a TMDL.  Requiring weekly inspection and inspections after a rain event when the project is stabilized or the ground frozen is overly burdensome as stormwater discharges are still unlikely. Please allow projects under a TMDL to revert to the 30 day inspection if the ground is stabilized or frozen.

In addition, the requirements are unclear for inspections once final stabilization has been reached. With the additional requirement of the submission of an as-built drawing for permit termination, projects may be at final stabilization for months or years before the final as-built submittals are completed for the project.  Requiring weekly inspections and inspections after a rain event when the project is stabilized and just awaiting as-built approval is overly burdensome and not necessary to meet the goal of pollution reduction.  Please add an additional item to the permit clarifying inspections are not required once final stabilization has been reached.

9VAC25-880-60 (B)(7) and 9VAC25-880-70 PART II D

Under the proposed language, projects will have to maintain signage until as-builts are submitted.  Often projects are completely closed with residents inside the buildings before as-builts are received and construction signage has been removed.  Please allow for construction signage to be removed once final stabilization has been achieved.

9VAC25-880-70 PART II F

Projects will have to implement all aspects of the SWPPP including inspections until as-builts are submitted.  Often projects are completely closed with residents inside the buildings for months or years before as-builts are received.  Requiring inspections until as-builts are submitted even though final stabilization has been achieved is overly burdensome for both the developer and the locality. Please allow for inspections to cease once final stabilization has been achieved.

Again, thank you for your review and consideration.

Melanie Mason

Watershed Management Planner

City of Alexandria, VA