Eastern Shore of Virginia Ground Water Committee

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1 December 18, :00 a.m. Enterprise Building, Accomac MEETING AGENDA 1. Call to Order 2. Public Participation 3. Minutes of the December 18, 2018 Meeting Financial Status Report Nomination for 2018 Ground Water Award Staff Update... 9 Desalination Options Update... 9 VDH Septic & Well Services Hardship Guidelines to be developed by July 1, HHWC Update Legislative Subcommittee FY 2019 ATTENDANCE RECORD January 2019 Ground Water Consultant Report Other Matters 9. Schedule Next Meeting & Adjourn 1

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3 Minutes of the December 18, 2018 Meeting The meeting of the was held at 10:00 AM on Tuesday, December 18, 2018 in the A-NPDC Conference Room of the Enterprise Building in Accomac, Virginia. Members Present: Charles Kolakowski Daniel Hershey Elaine Meil Eugene R. Hampton Grayson Chesser Jim Belote John Coker, Chairman Paul Muhly, Vice Chairman Members Absent: Michael Mason John Salm Robert Meyers Others Present: Anne Violi, Accomack Citizen Carmie Savage, ESSWCD Curt Smith, A-NPDC Holly Porter, DPI Janet Sturgis, Northampton Planning Comm. Jeff Poulterer, ES Locavores Jim Crunk Joseph Betit, Accomack Citizen Ken Dufty, Northampton Resident Larry Breech, ESRC&DC Meriwether Payne, Accomack Resident Rich Morrison, Accomack County Roberta Kellam, Northampton Resident Sarah Harrison Linton, Tyson Foods Shannon Alexander, A-NPDC 3

4 1. Call to Order Chairman Coker called the meeting to order at 10:05 AM. 2. Public Participation Three members of the public signed up to participate. Mr. Larry Breech of the Eastern Shore Resource Conservation and Development Council introduced himself and offered to provide technology expertise regarding water reuse and organic aquifer enhancement. Mrs. Janet Sturgis of Northampton County referenced the meeting with Rear Admiral Ann Phillips, the new Special Assistant to the Governor for Coastal Adaptation and Protection. She requests a public forum to educate Ann Phillips and the public about groundwater management concerns on the Shore. Mrs. Roberta Kellam referenced the VDEQ groundwater information exchange held November 13 th and stated that she has requested that in 2019 the event be held on the Shore, in or near Cape Charles. She stated that VDEQ is interested in a study on the saltwater interface and needs approximately $200,000 or staff support. She noted that the pre-modeling for water withdrawals from the new CAFO permit applications show salt water intrusion and that there were inconsistencies between applications for the amount of water that would be needed for cooling purposes. Holly Porter of DPI contributed information about the variations in growers, operations, and houses. Britt McMillon reminded the Committee and the public that over a decade ago when VDEQ was just beginning to permit agricultural uses, the permit application use requests were estimates and were refined over time with data. Mrs. Kellam referenced the Virginia Code and indicated that it may be easiest to request an Attorney General opinion concerning the authority of the localities to manage groundwater withdrawals. She also stated that she no longer served on the State Water Control Board and that there was now no member from the Shore. Chairman Coker indicated that the letter to Gov. Northam requesting an Eastern Shore appointment upon the term expiration should be sent soon and then a reminder letter in the late spring. 3. Review of the November 20, 2018 Minutes The draft minutes of the November, 2018 meeting were presented. Vice Chairman Muhly moved to approve the Minutes of the November 20, 2018 meeting. The motion, seconded by Committee Member Hampton, carried unanimously. 4

5 4. FY 2019 Financial Status Report The FY 2019 Financial Status Report was not presented. The January report will include all transactions for November and December. 5. Nomination for 2018 Ground Water Award Staff reported that Committee Members and the public should be prepared to provide nominations before or during the January meeting. 6. Staff Update The following staff updates were presented: Committee Attendance Record The FY2019 Committee Attendance Record was presented. Environmental Reviews and Permits Staff referred to the packet to report the current public notices from VDEQ. Other Items Desalination Options Staff provided an update with regards to communication with the Town of Chincoteague and the Town of Cape Charles. During the meeting with Congresswoman Elaine Luria, Chincoteague representatives included the desalination plant in their discussions. VDH Septic & Well Services Hardship Guidelines to be developed by July 1, 2019 Staff provided a draft 2-page comment letter in response to the draft guidance. Overall the Committee agreed with the comments, but requested minor edits. Vice Chairman Muhly moved to submit the updated letter to VDH as official comment from the Committee on the draft hardship guidelines. The motion, seconded by Committee Member Belote, carried unanimously. HHWC Update Staff reported that they intend to present a draft Joint Resolution Agreement to both Counties Boards during their respective January meetings. Potential Legislative Initiatives Staff supplied an update from the subcommittee discussions and subsequent research efforts. Staff is to return to the Committee with additional information in January and February. Discussion concerning use of local zoning options to manage water quantity, due to the direct correlation of 5

6 quantity and quantity due to salt water intrusion, ended with a concern about enforcement and a need for additional information. Research & Publications Staff included three publications concerning groundwater economics and governance. 7. Ground Water Consultant Report The consultant provided a summary of the 2 nd Annual VDEQ Groundwater Information Exchange which occurred November 13 th. The consultant reported that if VDEQ is to work with USGS to develop a saltwater intrusion monitoring strategy there will need to be a budgetary request made by representative(s). All Committee Members present agreed that staff should reach out to Delegate Bloxom and Senator Lewis to move this item forward well in advance of the January 11 th deadline for budgetary amendments. 8. Other Matters: Ms. Alexander identified two items of concern that were communicated to her by Mr. Granville Hogg and requested to be brought to the Committee: 1 A malfunctioning stormwater pond on Townfield Rd in Northampton County which is continuously draining surficial aquifer waters to Mill Creek. 2 Concerns about Bayview convenience center nutrient/bacteria loading to Kings Creek. Discussion ensued about a VDH presentation from years ago that provided information about the source of bacterial contamination in ESVA waterways. Mr. Smith reminded the Committee about the ditch LiDar data that is newly available. 9. Schedule Next Meeting & Adjournment The next Committee meeting was scheduled for January 15 th, 2019 at 10:00 AM in the A- NPDC Conference Room of the Enterprise Building in Accomac. Chairman Coker adjourned the meeting at 12:00 p.m. Copy test: 6 John Coker, Chairman Elaine K. N. Meil, Secretary

7 MEMORANDUM TO: FROM: Shannon Alexander Coastal Resources Program Manager Accomack-Northampton Planning District Commission DATE: January 15, 2019 SUBJECT: Financial Status Report Financial Status Report The financial report will cover November and December and be available upon arrival. 7

8 MEMORANDUM TO: FROM: Shannon Alexander Coastal Resources Program Manager Accomack-Northampton Planning District Commission DATE: January 15, 2019 SUBJECT: Nomination for 2018 Ground Water Award The deadline to submit the Groundwater Awards application is typically the end of the month of January the following calendar year. Previous recipients are listed below. In June of 2016, when the Commonwealth Chesapeake Company renewal permit was reviewed, the Committee discussed their nomination based on the use of the Columbia aquifer for the majority of water use. Public nominations are accepted. The 2-page form and additional information can be found at Jane Corson-Lassiter, ES Environmental Education Council 2006 Richard Davis, Ivy Farm Nursery 2007 William Neal, Hermitage Farms Nursery 2008 Chuck Tankard, Tankard Farms 2009 Robin Rinaca, Eastern Shore Nursery of Virginia Walmart Supercenter of Onley 2011 Cherrystone Campground and Aqua-Farms Town of Cape Charles Wastewater Treatment Plant 2013 ES Rural Health Onley Community Health Center 2014 Waste Watchers of the Eastern Shore 2015 Home-Fitchett Farms 2016 Commonwealth Chesapeake Company 2017 John Lauer, Accomack County Regulatory Compliance Specialist Staff requests the Committee s nominations for the 2018 Ground Water Award. 8

9 MEMORANDUM TO: FROM: Shannon Alexander Coastal Resources Program Manager Accomack-Northampton Planning District Commission DATE: January 5, 2019 SUBJECT: Staff Update Committee Attendance Record The FY2018 Committee Attendance Records are attached. Environmental Reviews and Permits VA Pollutant Discharge Elimination System Program TBD. VA Pollution Abatement Program TBD. Notice Environmental Project TBD. Consent Orders TBD. Federal Consistency Reviews TBD. Other Items Desalination Options Update Staff continues to work with the Town of Chincoteague, following the presentation on November 18 th. Staff has reached out to the Town of Cape Charles to explain that the underlying geology, primarily as a result of the impact crater, does not make deep brackish water aquifers a viable source and that the St Marys aquifer does not extend far past the Town of Exmore. Staff worked to potentially incorporate alternative aquifer testing into a budgetary amendment request for the General Assembly VDH Septic & Well Services Hardship Guidelines to be developed by July 1, 2019 Draft available for comment. Please visit VDH reported that the second draft will be posted on and will include a formal public comment period, as required for all agency guidance documents starting January 1, Most likely there will then be a third and final draft in the March-April timeframe to address comments on the second draft. Written comments can be submitted electronically or be sent by post to 109 Governor Street, 5th Floor, Richmond, Virginia 23219, attention Lance Gregory. 9

10 HHWC Update A-NPDC staff has been working with staff from both Accomack County and Northampton County and has developed a draft joint resolution agreement that would allow for the shared responsibility of the cost of the contracted authorized hazardous waste collection company. Staff hopes to bring this the Board of Supervisors for each County in the month of January. Once this step is complete, the construction contracts can be executed and work on-the-ground begin. Legislative Subcommittee Staff will provide an update as to any progress on legislative progress. Research and Publications New resource from W&M VCPC, VIMS, and Virginia Sea Grant. Onsite Sewage Systems: Background, Framework, and Solutions. pdf MEMORANDUM TO: FROM: Britt McMillan Principal Hydrogeologist Arcadis DATE: January 15, 2019 SUBJECT: January 2019 Ground Water Consultant Report To be supplied at the meeting. 10

11 Members Accomack Co. Jim Belote Grayson Chesser Daniel Hershey Term Exp. EASTERN SHORE OF VIRGINIA GROUND WATER COMMITTEE FY 2019 ATTENDANCE RECORD July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June June 30, 2019 * X X X X X * X X X X X June 30, 2019 * X X X X Paul Muhly * X X X X X Northampton Co. Eugene Hampton October, 2019 * X X X X X John Coker * X X X X X Robert Meyers John Salm Decemb Non-Voting Ex-Officio Members er, 2019 * X X X X January, 2020 * X X X Mike Mason NA * X X X ( ) Charles Kolakowski NA * X Elaine Meil NA * X X X X - Indicates not a member. X Indicates member present. * Indicates no monthly meeting held. NA Not Applicable ( ) Indicates an alternate present 11

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