Thank you for the opportunity to provide comments on the proposed revisions to the Virginia Water Protection (“VWP”) Permit and Compliance Manual (“Manual”).  I am writing on behalf of the Virginia Manufacturers Association (“VMA”).   VMA represents a broad range of industries and manufacturers in Virginia.  Our members are subject to the permitting requirements outlined in the Manual, both for wetland-related impacts as well as for surface water withdrawals.

VMA supports the issuance of the revised Manual, and appreciates DEQ’s efforts to regularly update the Manual to reflect changes in the statutes, regulations and practices of the agency.  The revisions to the compensatory mitigation measures are helpful.  These provisions will be critical to our members, particularly in areas where mitigation bank credits are scarce.

VMA also noted the reference in Appendix B to the fact that a surface water withdrawal permitting manual is being developed.  This is much needed, and VMA encourages DEQ to move forward in issuing that manual quickly.  VMA looks forward to the opportunity to review and comment on it, once available.

With respect to surface water withdrawals, VMA members remain concerned about some of DEQ’s characterizations of grandfathered withdrawals, particularly in Chapter 11.  Grandfathered withdrawals are authorized, lawful withdrawals.  The grandfathering exemption applies until such time a Clean Water Act Section 401 certification is required to increase a withdrawal.  Va. Code 62.1-44.15:22.  All references to and characterizations of grandfathered withdrawals should be consistent with this statutory language. 

Thank you again for the opportunity to provide these comments.  Please let me know if you have any questions or need any additional information. 

Sincerely,

Brooks M. Smith

Andrea W. Wortzel

Counsel to VMA Water Subcommittee