The Aggregate Producer Members of the Virginia Transportation Construction Alliance (VTCA), respectfully submit these comments relating to the “Petition for Establishment of a Regulation or Policy Interpreting the Definition of a Nontidal Wetland Under 9VAC25-830-40, 9VAC25-830-80, and Fairfax County Ordinance 118-6-1(q)”

The Aggregate Producer Members of VTCA account for 90% of all metal/nonmetal mineral production in the Commonwealth.

It is the position of Virginia’s Aggregate industry that the existing definition of Nontidal Wetlands under 9VAC25-830-40, 9VAC25-830-80, and Fairfax County Ordinance 118-6-1(q) (Nontidal Wetland) is sufficient, effective, and well-understood. Also, we believe the current Code of Virginia establishes the definition of Nontidal Wetlands, and any regulatory amendment would potentially interject confusion when interpreting the definition(s).

VTCA’s Aggregate Producer members would not support any action by the State Water Control Board that would serve to modify the current Code and/or Regulations that may alter current interpretations of the definition of Nontidal Wetlands in the Commonwealth.