Virginia Regulatory Town Hall View Comments

Department of Environmental Quality

State Water Control Board

Guidance Document Change: The Virginia Stormwater Management Handbook, Version 1.0 (Handbook) provides guidance to implement water quantity and water quality criteria in the Virginia Erosion and Stormwater Management Regulation, 9VAC25-875, effective July 1, 2024. The Handbook replaces nine guidance documents, listed below, that the Department of Environmental Quality (DEQ) plans to rescind effective July 1, 2025: 1. Virginia Erosion and Sediment Control Handbook, Third Edition, 1992 2. Virginia Stormwater Management Handbook, First Edition, 1999 3. Guidance Document on VSMP Site Inspection Strategies 4. Guidance Document on Utilization of Nonpoint Nutrient Offsets 5. Guidance Memo No. 14-2002 Implementation Guidance for the 2009 General Permit for Discharges of Stormwater from Construction Activities, 9VAC25-880 6. Guidance Memo No. 14-2014 Implementation Guidance for Section 47 (time limits on applicability of approved design criteria) and Section 48 (grandfathering) 7. Guidance Memo No. 15-2003 Postdevelopment SW Mgmt Implementation Guidance for Linear Utility Projects 8. Guidance Memo No. 22-2011 Streamlined Plan Review for Construction Stormwater Plans and Erosion and Sediment Control Plans submitted by a Licensed Design Professional and reviewed by a Dual Combined Administrator for Erosion and Sediment Control and Stormwater Management 9. Guidance Memo No. 22-2012 Stormwater Management and Erosion & Sediment Control Design Guide The reason that the guidance documents will be rescinded effective July 1, 2025, through a separate Town Hall notice, is that they have been incorporated into the Handbook to reduce complexity and improve the ease of use. A one-year transition period allows plans and permit applications submitted between July 1, 2024 and June 30, 2025 to utilize either the existing manuals, handbooks and guidance or the Virginia Stormwater Management Handbook, Version 1.0. The Handbook is available as a Portable Document Format (pdf) file and online at https://online.encodeplus.com/regs/deq-va/index.aspx. Due to the large file size and number of pages in the Handbook, DEQ recommends using the web-based version to review it and submit comments. Chapters, best management practice specifications, and other information from the Handbook may be downloaded from the website as pdf files. Written comments on the Handbook may be submitted directly through the enCodePlus website that is hosting the handbook, as well as through the Town Hall website, and by email to the contact address provided with this notice. Instructions for submitting comments through the host website are available from the “Comment” link on the webpage banner. DEQ will use comments received during this forum and after the Handbook becomes effective to maintain its content consistent with the process for updates and revisions described in Chapter 1: Introduction. DEQ formed a Stakeholders Advisory Group (SAG) to help develop the Handbook and its content. The SAG met 12 times between July 2022 and October 2023. Members of the SAG were provided an opportunity review and provide feedback on a draft version of the Handbook during November 2023. DEQ reviewed and revised the draft Handbook based on the feedback SAG members provided. Handbook Version 1.0 reflects those revisions. Two Excel spreadsheets with comments SAG members submitted on the draft version of the Handbook, and responses to those comments, are available from the DEQ website at: https://www.deq.virginia.gov/our-programs/water/stormwater/stormwater-construction/handbooks under the Virginia Stormwater Management Handbook, Version 1.0 banner.

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3/27/24 2:10 pm

Commenter: Wayne R. Massie

Linear Utility Project Exemption

I have been unable to locate clear direction regarding exemption of linear utility projects from the SWM requirements. The lack of clear direction within the stormwater manual has caused permitting confusion and delay over the past ten years. Specializing in water and sewer infrastructure projects, I have seen this occur repeatedly since the new regulations where enacted 10 years ago, despite GM 15 having been issued. These linear utilities are most often built on private property within a narrow utility easement. The ability to provide effective stormwater management practices within a narrow utility easement is not practical and imposes additional impact to private property owners who are many times hesitant to grant the easement for the buried utility itself. Additionally, to effectively install and implement BMP strategies downstream of the easement area could necessitate property acquisition in addition to easements, further complicating property rights and leading to potential condemnations. Furthermore, the uncertainty of a requirement can delay design, reviews, and construction timelines for critical infrastructure that will serve the health, safety, and welfare of the general public. A typical water or sewer utility will have a minimum 50-foot width of disturbance to allow for sidecasting of excavated soils, staging of materials, and passage of equipment and materials along the installation corridor. Large diameter sewer interceptors, water supply, or distribution lines may require a wider disturbance depending on size and depth of bury. The disturbed areas are returned to pre-construction grades and left in a stabilized vegetated state per applicable E&S measures. I respectfully request that a clear exemption for linear utilities be included within the new SWM manual with references included in the erosion and sediment control portions of the regulation. Thank you.

CommentID: 222396