·         Rural localities receive applications for land disturbance from individual parcels that do not fit the subdivision and site plan requirements of the County, but are land disturbing activities under the E&S and SW regulations. These individual parcels may include construction of a driveway, residence, drain field and out buildings in excess of 1 acre of disturbance. These sites are currently granted an in lieu agreement, but will now be required to satisfy stormwater management requirements of a local program authority. How does an individual and local program authority supposed to comply with the General Permit for Construction Activities? Provide provisions in 4VAC50-60-1100 et seq. to cover Single Family Homes; not part of a larger plan of development, private driveways, and agricultural buildings under an agreement in lieu of a plan. Authority seems to be available under 4VAC50-60-410 (B)(2)(e). Also a revised FEE structure should be provided for in lieu agreements.

·         The local program authority will be assuming responsibility for stormwater management under HB 1065 (2012). The General Permit for Construction Activities should address how the local program authority will be reviewing and approving SWPPPs, issuing permits to landowners, and providing inspection and reporting services. Update the General Permit for Construction Activities to correspond to the transfer of authority to the local program. Provide a process for the local program authority to review and approve an individual permit.

·         4VAC50-60-1110 Purpose: The General Permit for Construction Activities only covers discharge from a point source to state waters. How is a construction activity considered a point source of discharge? Stormwater from construction is typically a nonpoint source. Recommend possible clarification between point sources on a construction site and nonpoint stormwater discharge.

·         4VAC50-60-1140 (3.) The operator will not develop the SWPPP under a local program. Under a local program authority, the SWPPP will be submitted by the land owner and is reviewed and approved prior to permit issuance. Recommend clarification of the operator responsibilities.

·         4VAC50-60-1150 Permit Application (registration statement):

o   A. (3.) Update as necessary to comply with grandfather clause

o   A. (4.) The stormwater pollution prevention plan (SWPPP) will be reviewed and approved by the local program authority. Certification that the SWPPP was approved is needed.

o   B. The registration statement and permit application will be completed through the e-permitting program. Update as necessary. Local program authorities usually have the landowner submit a permit application with SWPPP for review and approval. What is the difference between the permit application and registration statement? Does the local program authority accept the registration statement and permit application? 

·         4VAC50-60-1170 Section II (A.)(3.) Remove the Spill prevention control and Containment Plan (SPCC) and substitute the more general Pollution Prevention Plan (PPP) if it meets all EPA requirements. 

·         4VAC50-60-1170 Section III: There is a note stating that monitoring is not required in the General Permit for Construction Activities. Will discharge monitoring be required with the EPA effluent standards (40CFR450.22(a)(2))? Will the operator be reporting to the local program authority?

·         4VAC50-60-1182 through 4VAC50-60-1190 needs to be updated to the new technical stormwater standards approved September 13, 2011. Do the technical criteria apply to the General Permit for Construction Activities, since 4VAC50-60-1170 Section I (B.)(1.) does not authorize stormwater discharges after construction activities? Maybe alternative technical criteria during construction activities should apply in addition to the post construction criteria to satisfy EPA effluent standards. There is a Revised Universal Soil Loss Equation (RUSLE) for construction sites (New York Standards and Specification for Erosion and Sediment Control (August, 2005) Appendix A).