Update on SWCB Hearing on Indigo Dunes on October 16th

Details about State Water Control Board Hearing re: Indigo Dunes:

The meeting room holds around 150 if I remember correctly.

It is important for your group to understand that the meeting on
October 16-17 is not a new public hearing.  Only those persons who
commented during the previous public hearing comment period can
address the Board in October.  Also, an individual commenter can speak
for up to 3 minutes.  Below is the Board’s policy for comment at Board
meetings.  The Indigo Dune development is a case decision for your
purpose of reviewing the policy.

You can record the meeting or have a transcriptionist.  The only
limitation is that whoever is recording or filming or whatever can not
interfere with the proceedings.

The meeting room is in the General Assembly Building which is located
at the corner of 9th and Broad Streets on the northwest corner of
Capitol Square.  There is metered street parking, but it is not
recommended.  There are parking lots/decks around the20square.  The
link to parking information is:

Click to access Ridefinders_Parking.pdf

Board Policy for Public Comment at Board meetings:

PUBLIC COMMENTS AT STATE WATER CONTROL BOARD MEETINGS: The Board
encourages public participation in the performance of its duties and
responsibilities. To this end, the Board has adopted public
participation procedures for regulatory action and for case decisions.
These procedures establish the times for the public to provide
appropriate comment to the Board for their consideration.

For REGULATORY ACTIONS (adoption, amendment or repeal of regulations),
public participation is governed by the Administrative Process Act and
the Board’s Public Participation Guidelines. Public comment is
accepted during the Notice of Intended Regulatory Action phase
(minimum 30-day comment period and one public meeting) and during the
Notice of Public Comment Period on Proposed Regulatory Action (minimum
60-day comment period and one public hearing). Notice of these comment
periods is announced in the Virginia Register and by mail to those on
the Regulatory Development Mailing List. The comments received during
the announced public comment periods are summarized for the Board and
considered by the Board when making a decision on the regulatory
action.

For CASE DECISIONS (issuance and amendment of permits and consent
special orders), the Board adopts public participation procedures in
the individual regulations which establish the permit programs. As a
general rule, public comment is accepted on a draft permit for a
period of 30 days. If a public hearing is held, there is a 45-day
comment period and one public hearing. If a public hearing is held, a
summary of the public comments received is provided to the Board for
their consideration when making the final case decision. Public
comment is accepted on consent special orders for 30 days.

In light of these established procedures, the Board accepts public
comment on regulatory actions and case decisions, as well as general
comments, at Board meetings in accordance with the following:

REGULATORY ACTIONS: Comments on regulatory actions are allowed only
when the staff initially presents a regulatory action to the Board for
final adoption. At that time, those persons who participated in the
prior proceeding on the proposal (i.e., those who attended the public
hearing or commented during the public comment period) are allowed up
to 3 minutes to respond to the summary of the prior proceeding
presented to the Board. Adoption of an emergency regulation is a final
adoption for the purposes of this policy. Persons are allowed up to 3
minutes to address the Board on the emergency regulation under
consideration.

CASE DECISIONS: Comments on pending case decisions at Board meetings
are accepted only when the staff initially presents the pending case
decision to the Board for final action. At that time the Board will
allow up to 5 minutes for the applicant/owner to make his complete
presentation on the pending decision, unless the applicant/owner
objects to specific conditions of this permit. In that case, the
applicant/owner will be allowed up to 15 minutes to make his complete
presentation. The Board will then, in accordance with § 2.2-4021,
allow others who commented in the prior proceeding (i.e., those who
submitted oral or written comments at the public hearing or submitted
written comment the public comment period) up to 3 minutes to exercise
their right to respond to the summary of the prior proceeding
presented to the Board.  No public comment is allowed on case
decisions when a FORMAL HEARING is being held.

POOLING MINUTES:  Those persons who participated in the prior
proceeding and attend the Board meeting may pool their minutes to
allow for a single presentation to the Board that does not exceed the
time limitation of 3 minutes times the number of persons pooling
minutes or 15 minutes, whichever is less.

NEW INFORMATION will not be accepted at the meeting. The Board expects
comments and information on a regulatory action or pending case
decision to be submitted during the established public comment
periods. However, the Board recognizes that in rare instances new information may become available after the close of the public comment
period. To provide for consideration of and ensure the appropriate
review of this new information, persons who participated during the
prior public comment period shall submit the new information to the
Department of Environmental Quality (Department) staff contact listed
below at least 10 days prior to the Board meeting. The Board’s
decision will be based on the Department-developed official file and
discussions at the Board meeting. For a regulatory action should the
Board or Department decide that the new information was not reasonably
available during the prior public comment period, is significant to
the Board’s decision and should be included in the official file, an
additional public comment period may be announced by the Department in
order for all interested persons to have an opportunity to
participate.

PUBLIC FORUM: The Board schedules a public forum at each regular
meeting to provide an opportunity for citizens to address the Board on
matters other than pending regulatory actions or pending case
decisions. Anyone wishing to speak to the Board during this time
should indicate their desire on the sign-in cards/sheet and limit
their presentation to not exceed 3 minutes.

The Board reserves the right to alter the time limitations set forth
in this policy without notice and to ensure comments presented at the
meeting conform to this policy.

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