| With the new Virginia Stormwater Management Program (VSMP) Regulations (9VAC25-870) and the General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activities (9VAC25-880) set to take effect on July 1 of this year, there are some outstanding issues that have recently been addressed (note that many of the new requirements have been discussed in a previous edition of Field Notes, Vol. 21, No. 10). The following items are those items that have only recently been clarified: |
| 1. |
Coverage Options for SWM Design Criteria – It is possible to obtain coverage under today’s SWM design criteria (9VAC25-870-47 and 9VAC25-880-50.A.2). This can be accomplished for a period of two permit cycles (10 years) by adhering to the following schedule: |
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| Another option that will provide coverage for one permit cycle (5 years) is to obtain locality concurrence grandfathering (9VAC25-870-48.A). This will require the following criteria be met: |
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a) |
A proffered REZ or other plan listed in the regulations that was approved prior to 7/1/12 and meets the following criteria: |
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Provides a layout per 9VAC25-870-10, |
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Complies with Part II C technical criteria |
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No modification that results in an increase in TP, volume, or rate have occurred |
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b) |
State permit is not issued prior to 7/1/14 |
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c) |
Land disturbance does not commence before 7/1/14 |
| 2. |
Additional TMDL Control Measures – As contained in DEQ’s VSMP FAQ document (updated 2/10/14), Question #8, the current regulations state that “Upon obtaining coverage under the 2014 Construction General Permit, DEQ will determine if the land disturbing activity will discharge to a TMDL water body and identify any additional measures needed to address the TMDL”. This represents a considerable problem as plans would have already been approved by the locality, setting up a routine and unworkable plan amendment process. This issue has been raised with DEQ and ________________. |
| 3. |
Required Plan Approval? – For sites trying to gain coverage under today’s rules, the new regulations state that all local, state, and federal approvals must be obtained (contrary to the previous regulations where approved plans were clearly not required). Information obtained from discussions with both DCR and DEQ staff has been mixed. DEQ has recently determined that _______________. |
| 4. |
Coverage for Phased Plans of Development – Previous regulations allowed for coverage of an entire development site, as long as a SWPPP was developed for the phase currently under construction. As additional phases get underway with approved plans, the owner was simply required to update the SWPPP to include the new area – coverage under the previous VSMP for the entire development site continued. The new regulations, however, are not clear in this regard. DEQ has recently determined that __________. |
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| 5. |
Coverage for Regional Ponds – A similar issue related to Regional Ponds. Does approval of a plan that includes only the area of the regional pond provide coverage for the entire contributing watershed for which the regional pond was designed? Or will a development site within that watershed be required to obtain separate VSMP coverage? DEQ has recently determined that __________. |
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For more information on Virginia Stormwater Management Regulations and Construction Activity Permits, please contact Mike Rolband, or
Mike Toalson
Home Builders Association of Virginia
707 East Franklin Street
Richmond, Virginia 23219
Email: mltoalson@hbav.com
Phil Abraham
Virginia Association of Commercial Real Estate
c/o The Vectre Corporation
707 East Main Street, Suite 1800
Richmond, Virginia 23219
Email: pabraham@vectrecorp.com |
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