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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8/20/09  2:52 pm
Commenter: Timothy P. Cleary, P.E. Charles Ross Homes, Williamsburg, VA 23188

Vote No on Part II of Proposed Stormwater Regs


My name is Timothy P. Cleary. As a citizen of the Commonwealth of Virginia, I am concerned that the technical mandates in the proposed stormwater regulations would both affect Virginia's industries ability to compete in the global marketplace and endanger Virginia’s reputation as one of the best places in America to do business.
When you vote on these regulations, I encourage you to vote no on Part II, which contains the proposed new technical standards, and to reconvene the Technical Advisory Committee (TAC) to continue work on these requirements and consider alternative regulatory arrangements.
In making your decision, please consider the following:
  • The proposed regulations are a highly inefficient method of addressing pollutant removal in the bay. The cost of mitigation versus the benefits realized has been determined to be “significant” according to the Department of Planning and Budget.
  • These regulations apply a single standard across Virginia, despite the fact that there has been no scientific evidence presented to validate this approach.
  • During the recent TAC process, stakeholders were told that the technical requirements were “off limits,” many stakeholders had and still have concerns that have not been adequately addressed or even addressed at all.
  • During the Board’s September. 2008, public hearing, six of the nine TAC members who spoke asked you to hold off on Part II; there is hardly consensus on this issue.
  • There are alternatives that would do more to help the Chesapeake Bay at less financial and environmental cost to Virginia citizens. These alternatives deserve a full vetting by a reconvened TAC.
  • The proposed regulations will make it much tougher build the town center and village-style projects—counter to the smart growth approaches envisioned in state law.
Again, I urge you vote NO on Part II of the proposed stormwater requirements and reconvene the Technical Advisory Committee (TAC).  Thank you for your consideration.
Timothy P. Cleary, P.E.
Managing Director
Charles Ross Homes
Williamsburg, VA 
CommentID: 9793