The Virginia Department of Environmental Quality (DEQ) has recently issued a statement saying that the DEQ will continue to process registration statements for projects needing to extend coverage from the 2009 to the 2014 Construction General Permit (CGP). DEQ will continue accepting registration statements until February 27th, 2015 for prospects that had a 2009 CGP. All new projects that were not previously covered by a 2009 CGP will have to be designed in accordance with the 2014 CGP criteria and 2014 registration statements have to be submitted to the local VSMP authority. DEQ will continue processing registration statements if your locality is not administering its own VSMP program. |
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A list of VSMP localities can be found here. |
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If your construction activity does not appear on this list of active 2014 permits, then a registration statement still needs to be submitted. This will be the last opportunity to extend a 2009 CGP into 2014 coverage, which will give your project 10 more years of coverage under the 2009 stormwater design criteria. |
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If a Storm Water Pollution Prevention Plan (SWPPP) was prepared under the 2009 regulations then it will need to be amended to ensure it is in compliance with the 2014 CGP. By signing the 2014 registration statement for continuous coverage, an operator is certifying that a SWPPP has been prepared referencing a site specific erosion and sediment control plan. The operator will have 60 days from the date of the coverage letter to update the previously prepared SWPPP and to submit erosion and sediment control plans to their locality for approval. |
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| To help clarify this new policy – Here are 3 answers to questions we posed for DEQ: |
Q1: Can an operator apply for new coverage under the 2009 permit and reissuance under the 2014 permit until February 27, 2015. |
A1: No, DEQ is accepting applications for reissuance under the 2014 permit until February 27, not applications for coverage under the 2009 permit.
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Q2: If DEQ is the SW plan approval authority: For those operators who have a 2009 permit and apply for reissuance under the 2014 GP prior to February 27, 2015, will they be able to use Part IIC (Old SW Regs) according to DEQ? |
A2: DEQ will evaluate this on a case by case basis. If you have questions about a specific scenario, contact Drew Hammond at DEQ.
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Q3: If local government VSMP is the SW plan approval authority: For those who have a 2009 permit and apply for reissuance under the 2014 GP prior to February 27, 2015, will they be able to use Part IIC accordingly? |
A3: This will vary depending on the local government. Please contact Drew Hammond at DEQ if you have any specific questions. |
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If you have any questions about the continuous coverage application process or would like assistance in ensuring that your project is in compliance, please contact Roy Van Houten or Mike Wills. |
