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Stormwater Management and Erosion & Sediment Control Design Guide The reason that the guidance documents will be rescinded effective July 1, 2025, through a separate Town Hall notice, is that they have been incorporated into the Handbook to reduce complexity and improve the ease of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 11:44 am

Commenter: Trent Warner, Developers Engineers & Contractors, LLC

Linear Projects Exclusions for Utility Projects

It has come to our attention that the last draft reviewed by the SAG committee is different than what was posted on the web for this public review regarding the "exclusions of linear projects". In the draft for the last review by the SAG members, Section 4.3.2.7.2 had specific language under SWM Exceptions that "...VDEQ may use their best professional judgment when evaluating aboveground or underground linear utility projects. If the project will not result in significant changes to the pre-development runoff characteristics of the land surface after the completion of construction and final stabilization, then the VESMP authority or VDEQ, at their discretion, may waive the requirement for the preparation and implementation of an SWM Plan. These requests will be considered on a site-specific basis, as an SWM plan may be required if the linear utility project will alter the pre-development runoff characteristics of the land surface". This exclusion has been of a key importance to allowing linear projects to be built without the costs of water quantity and quality and was part of the GM 15-2003. Has this language been placed somewhere else, as we have not been able to find it.

While at it, we would like to add that the Professional Engineer should also be allowed to use at his or her discretion that the linear project of less than 30' wide can be done without a SWM Plan provided the linear project will not alter the pre-development runoff characteristics of the land surface.

CommentID: 222392