May 9, 2008

Regulatory Coordinator

Virginia Department of Conservation and Recreation

203 Governor Street, Suite 302

Richmond, VA 23219

Re:      Public Comments (NOIRA) – Virginia Stormwater Management Program (VSMP) Permit Regulations (amending General permit for Discharges of Stormwater from Construction Activities).

 Dear Regulatory Coordinator:

Please accept the following comments on behalf of Hanover County regarding proposed modifications to the regulations associated with the general permit for discharges of stormwater from construction activities.

The substance of the NOIRA should include provisions for inclusion of regional and watershed management plans in the general permit.  The general permit currently contains a section discussing the content of a Stormwater Pollution Prevention Plan (SWPPP).  The general permit should allow post construction stormwater management to be addressed through approved regional and watershed management plans.  This would ensure the general permit is consistent with legislative intent regarding regional and watershed plans.

   In addition, the general permit should be flexible enough to allow post construction stormwater issues to be addressed in a variety of ways including regional or watershed management plans, stream restoration, pollutant trading and other measures on or off-site that are not associated with the specific construction activity, but may be required as a part of a locally adopted MS-4, Chesapeake Bay Preservation Act, Erosion and Sediment Control or other program.  This will allow for the necessary flexibility to coordinate the issuance and utilization of the general permit with other state programs and regulations.

Please refer to my letter of April 9, 2008 regarding the NOIRA for Amendments Part I, II, and III of the Virginia Stormwater Management Program Permit Regulations, copy attached.  These comments should be considered as they apply to the integration between the general permit and the VSMP regulations.

We want to continue to acknowledge the substantial effort by the Board and by the Department under this regulatory action.  We appreciate the opportunity to comment on this regulatory action and appreciate your efforts to include the regulated community.   If you should have any questions please feel free to call me at (804) 365-6237.

                                                                        Sincerely,

                                                                  J. Michael Flagg, Director

                                                                  Hanover County

                                                                  Department of Public Works

Enclosure: Letter dated April 9, 2008