Effective November 21, 2012, changes will be made to the Virginia Stormwater Management Program (VSMP) Construction General Permit and the Virginia Erosion and Sedimentation Control Program (VESCP), also known as the E&S Program. Requirements have been recently reported in the Virginia Register.

All contractors, developers, utility companies, and design practitioners should take note of these changes and update project quotes, E&S plans, or VSMP permits accordingly.

Virginia Stormwater Management Program (VSMP) Construction General Permit

The Virginia Department of Conservation and Recreation (DCR) is responsible for issuing, denying, revoking, terminating, and enforcing VSMP permits for control of stormwater discharges from Municipal Separate Storm Sewer Systems (MS4s) and construction activities. The VSMP construction general permit applies to those projects proposing land disturbances in excess of one acre, or for those areas within the Chesapeake Bay Act localities where the land disturbance is in excess of 2,500 square feet.

The VSMP is currently administered by the DCR, but is slated to be delegated to localities by 2014.

In general, changes to the VSMP program include new fees for construction permits and inspections:

• $750 fee for large construction permits (equal to or greater than five acres) (previously $500)
• $450 fee for small construction permits (equal to or greater than one acre) (previously $300)
  • Fees for Chesapeake Bay area projects (small construction) will be removed after the proposed expiration date of the existing VSMP general permit by July 2014 (currently $200)
• Effective until July 2014, a new non-compliance re-inspection fee of $125 per visit until compliance is reached

To address the Environmental Protection Agency's (EPA) new rules regarding Total Maximum Daily Loads (TMDLs) and "exceptional waters," there will now be more stringent stream channel protection requirements which may be required under the locality's VSMP authority. In these cases, the locality must provide 24-hour detention of runoff generated from a one year, 24-hour duration storm, in lieu of the two-year post development peak.

All changes to the VSMP Regulation can be found here.

The Virginia Erosion and Sedimentation Control Program (VESCP) also known as the E&S Program

The E&S Program requires following certain standards and specifications to minimize erosion from various construction, agriculture, and silviculture sites with land-disturbing activities equal to or exceeding 10,000 square feet (or 2,500 square feet in Chesapeake Bay Act localities).

Overseen by the DCR, the E&S Program has been primarily delegated to localities. One exception is agencies and companies who cross multiple localities—public roadways, infrastructure, etc. These agencies and companies must file general erosion control specifications annually for review which detail the specifications and measures used to meet minimum standards set by the DCR. Additionally these companies must file detailed information for each land disturbance project.

In general these changes include, but are not limited to:

• The E&S program now requires inter- and intra-state gas and gas pipeline companies, as well as railroads, to follow E&S control standards and specifications and file for annual review and approval
• Public institutes of higher education will now be subject to project review and compliance for state E&S control by the VESCP authority, unless they submit annual specifications to the DCR
• Construction sites must be stabilized no work proceeds on the project within 14 calendar days (previously 30 days)
• Stream restoration and relocation projects that incorporate natural channel design concepts are not "man-made channels" and are exempt from any flow rate capacity and velocity requirements for natural or man-made channels
• Plans approved on or after July 1, 2014, must address water quantity and flow rate capacity and velocity requirements in the SWM Act and attendance regulations, unless land disturbance is in accordance with VSMP regulation

All changes to the E&S program can be found here.