7 comments
Lines 1315-1317:
"9VAC25-875-100 G. A VESMP authority may require, excluding state and federal entities, the submission of a reasonable performance bond or other financial surety and provide for the release of such sureties in accordance with the criteria set forth in § 62.1-44.15:34 of the Code of Virginia."
This section references release of surety bonds per criteria in § 62.1-44.15:34 , but § 62.1-44.15:34 does not have sufficient criteria to define release requirements or procedures. A good model for this procedure can be found in § 15.2-2245 and should be mirrored here.
I think we should maintain the RGGI to prevent damage from the change in climate. Also, when I go camping during the warm months, I see where livestock are wading in the streams. Where this can be prevented I think it would be beneficial to the quality of the water for fish and recreational use. I not sure what can be done to prevent this and farmers may have an issue with this. I propose they receive assistance to maintain buffers to prevent this and runoff of feces from livestock. This could also reduce health problems and save money in the long run.
Thank you for the opportunity to comment on this draft regulation. Our comments are as follows:
The code of Virginia Section 62.1-44.15:34.E.2.a, indicates "Soil erosion control requirements and water quantity technical criteria adopted pursuant to this article shall apply to any activity that disturbs 10,000 square feet or more, although the locality may reduce this regulatory threshold to a smaller area of disturbed land. A plan addressing these requirements shall be submitted to the VESMP authority in accordance with subsection A. This subdivision shall also apply to additions or modifications to existing single-family detached residential structures."
If we are interpreting this section correctly, any land disturbance activity greater than 10,000 square feet would require compliance with water quantity criteria (channel and flood protection).
The current draft of the regulation "Part V. Criteria and requirements for Regulated Land- Disturbing Activities" line 2464 in particular does not refer to 9VAC25-875-600 but only to 9VAC25-875-560 which might create confusion when interpreting the land disturbance area threshold for water quantity requirements
"Ten-year storm" definition is duplicated at lines 949 and 971
Line 525: "municipal separate storm sewer" definition appears to be missing the word "System"
Line 130: The definition of "certified Plan reviewer for SWM" refers to a "program administrator". Shouldn't this refer to "Plan Reviewer"?