Paragraph E states that no portion of an AOSS soil treatment area may be located in a wetland.   Wetland is defined in 12VAC5-613-10 as areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Examples are sited as including swamps, marshes, bogs, and similar areas.

The definition of 'wetland' is critical to assuring that wetlands as defined above are protected while not making the regulation so overly restrictive as to preclude development in lower lying areas.  As an example, most of Chincoteague Island is low lying with groundwater near the surface.  If 'wetland' is deemed to apply to areas where groundwater is <x inches from the surface or to apply to areas which are not swamps, marshes, or bogs, on-site sewage disposal permits would not be issued under the proposed regulation.  This would inhibit further development on much of the Island causing undue hardships, negative economic impacts and financial losses. 

I request that it be made clear as to how 'wetland' is to be intrepreted and that the interpretation of wetland logically only apply to swamps, marshes, or bogs.

Other comments to the  AOSS performance requirements of 12VAC5-613-80 and this section by AOSS system engineers indicate that the proposed sewage system requirements are overly restrictive and could only be met with AOSS system designs which are prohibitively expensive for individuals or cannot be met at all with current technology.    I request that these comments be carefully considered and fully resolved prior to inacting these proposed regulations. 

The Oyster Bay II Community which I represent has only been able to get sewage system approval and resume building with the introduction of Advanced On-Site Sewage Systems and regulation changes within the last two years after some 25-30 years of sewer system application rejections. If enacted as proposed, these regulations will one again limit futher sewage system permit approvals and prevent communities such as ours from moving ahead.