Virginia Regulatory Town Hall
Department of Conservation and Recreation
Virginia Soil and Water Conservation Board
Stormwater Management Regulations AS 9 VAC 25-870 [4 VAC 50 ‑ 60]
Action Amend Parts I, II, and III of the Virginia Stormwater Management Program Permit Regulations to address water quality and quantity and local stormwater management program criteria.
Stage Proposed
Comment Period Ended on 8/21/2009
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8/18/09  11:21 am
Commenter: Hans Klinger

Too Many Questions and Uncertainties Remain
When is a project vested under the existing regulations?  Can localities develop their own vesting rules for their own programs?  There is no language in the regulations that specifies when compliance with these new standards will apply for projects that are in various stages of development.  Before these regulations are adopted, there needs to be clear policy on what is vested under the old regulations.  Here are several scenarios that can be conceived:
1. A project under construction but final stabilization has not been achieved
2. Approved construction plans but have not started construction
3. A project under design but do not have approved construction plans
4. A tentative layout approved by the llocality but construction plan design has not started
5. A piece of property zoned for development based on existing regulations but no tentative layout reviewed by the locality
Why is the phosphorous load being reduced to exactly 0.28 lbs per acre?  0.45 lbs was previously mandated by the state as an effective level of phosphorous control.  I could find little information on why the load is set at exactly 0.28 lbs per acre and have read that those asking questions during the TAC meetings regarding this level were told that this issue was off limits to discussion.  Are there multiple sources of research that support a new level of 0.28?
Definition of what is a stable and unstable natural stream – when is a stream considered unstable?  Who makes the final determination?  Any stream observed after a storm like Tropical Storm Gaston that happened in Hanover County several years ago would make all streams appear to be unstable.  Can you provide clear definitions as to how they are designated, what criteria are used, and who has the authority to determine them?
Why will the state take a percentage of the permit fees in localities where the locality handles compliance with the regulations?  If the localities are handling their own approved program and still must pay the state for their program, why wouldn’t the locality keep all of the fees they charge?  It seems the state will be “double dipping” on the fees, once from the MS-4 permit and another from the individual VSMP.
Clarification on prior developed land – if a property is developed into a housing development that was once a golf course (which fits the definition of land that has been previously utilized for commercial or recreation) would it be subject to a 20% reduction or to the .28 lbs/acre? 
If I want to clear an additional 3,000 square feet of my wooded property to expand my yard, does this newly cleared area need a BMP to treat its stormwater runoff?  
Why is turf now being managed for stormwater runoff?  It has never been considered an impervious surface.  How are areas treated that fall somewhere between pure turf areas and pure wooded areas, such as landscaped areas with mulch?
If there is an existing lake wholly contained on a property which will be developed in the future, can it be used as a wet pond BMP or must the stormwater be treated before it enters the lake?  It would seem ludicrous to have a new lake built next to an existing lake.
Can I use an existing lake owned by someone else as a BMP?  For example, if I buy a lot on Lake Anna and want to build a home, can I use the lake as my BMP or must I develop an independent BMP on my own property?
If a developed site cannot achieve a phosphorous reduction to .28 lbs per acre, can reductions be purchased elsewhere such as how wetland banking operates?  Will BMP banks be allowed to exist in the same way that wetland and stream mitigation banks now exist?  If so, would DCR monitor a ledger or would it be up to the locality?  If it is the locality, what happens when credits are taken from a different locality, but within the same HUC – how would the credits be tracked?
Everyone wants clean water and a clean Bay.  But from the information I have seen and the comments that have been posted, it is obvious that there are many people who do not fully understand these regulations nor the costs associated with them.  Please do not pass Part II of these regulations as it exists at this time.
CommentID: 9690