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Stormwater Management and Erosion & Sediment Control Design Guide The reason that the guidance documents will be rescinded effective July 1, 2025, through a separate Town Hall notice, is that they have been incorporated into the Handbook to reduce complexity and improve the ease of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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3/8/24 12:26 pm

Commenter: Developers Engineers & Contractors, LLC

1% Rule - Ch 5 Section 5.3.2.1

Ch 5 Section 5.3.2.1 – Add Item 1.a “1% Rule”, or language to clearly include the 1% rule….”If the site being developed discharges to a channel, manmade or natural, where the receiving channel or pipe were to have a drainage area greater than 100 times that of the site’s drainage area, then any form of detention is not required to meet Channel Protection and Flooding portions of Water Quantity Stormwater Regulations.” This needs to be clearly put back into the current handbook, as taking it out from the 1999 Handbook when it was rewritten in 2013 has caused confusion, needless disturbance, and higher costs of construction. In the SAG response process, DEQ referenced a letter to us dated August 1, 2023, but DEQ’s response was ““…the limits of analysis” has generally replaced the phrase 1% Rule. Regardless, the requirement is established in 9VAC25-870-66 B.4 and C.3a and will be carried forward verbatim in the Virginia Erosion and Stormwater Management Regulation 9VAC25-875-600 B.4 and C.3a (effective July 1, 2024). DEQ has no plans to remove the limits of analysis requirements…” This response indicates that the 1% Rule was simply changed in language only and is viable. Without so stating this, it only adds more confusion. The language is properly written in the1999 Handbook, the VDOT Drainage Manual (Ch 11), the Erosion & Sediment Control Regulations 9VAC25-840-40 19(b)(1) and is by law 9VAC25-870-66 (Part B.4 and Part C.3.a) During this effort to reduce regulation and ease the burden on the costs of homes, this is critical language to put back in the handbook.

CommentID: 222254