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Eastern Shore of Virginia Ground Water Committee March 21, 2017

10:00 a.m. Enterprise Building, Accomac

MEETING AGENDA

1. Call to Order 2. Minutes of the February 21, 2017 Meeting ........................................................................ 3

3. Financial Status Report ....................................................................................................... 7

4. Staff Update ........................................................................................................................ 9

FY 2017 ATTENDANCE RECORD ................................................................... 12

5. March 2017 Ground Water Consultant Report ................................................................. 15

6. Other Matters

7. Public Participation

8. Schedule Next Meeting & Adjourn

It is the mission of the Eastern Shore Ground Water Committee to assist local governments and

residents of the Eastern Shore in understanding, protecting, and managing ground water resources, to prepare a ground water resources protection and management plan, to serve as an educational and

informational resource to local governments and residents of the Eastern Shore, and to initiate special studies concerning the protection and management of the Eastern Shore ground water resource.

Current Goals:

1. Continue assisting and educating local governments and residents regarding ground water through maintenance of the Committee website, a public workshop series, and other educational documents. 2. Perform ongoing maintenance to the ESVA Ground Water Supply Management and Protection Plan and County Water Supply Plans (update due to DEQ 2018) including incorporating recent studies, data, and technological advances in the understanding of the Eastern Shore ground water system. 3. Ensure adequate water quality and supply for Accomack County residents and the entire population of the Eastern Shore of Virginia.

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Minutes of the February 21, 2017 Meeting

Eastern Shore of Virginia Ground Water Committee The meeting of the Eastern Shore of Virginia Ground Water Committee was held at 10:00 AM on Tuesday, February 21, 2017 in the A-NPDC Conference Room of the Enterprise Building in Accomac, Virginia. Members Present: Daniel Hershey Elaine Meil Eugene R. Hampton Granville Hogg, Chairman Jim Belote John Salm Mike Mason Paul Muhly, Vice Chairman Robert Meyers Members Absent: Grayson Chesser Others Present: Cole Charnock, ESSWCD Curt Smith, A-NPDC Jon Richardson, VDH Matthew Link, VDEQ Shannon Alexander, A-NPDC

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1. Call to Order Chairman Hogg called the meeting to order at 10:05 AM.

2. Review of the January 17, 2017 Minutes Committee Vice Chairman Muhly moved to approve the Minutes of the January 21, 2017 meeting with the amendment adding Committee Member “Daniel Hershey” to item 2. The motion, seconded by Committee Member Hershey, carried unanimously.

3. Financial Status Report Committee Member Salm moved to approve the financial status. The motion, seconded by Committee Member Meyers, carried unanimously.

4. Staff Update The following staff updates were presented:

Committee Attendance Record The FY2017 Committee Attendance Record was presented. USGS Electromagnetic Logging Data Analysis Curt Smith presented on presentation to Accomack County Board of Supervisors. Environmental Reviews and Permits Staff reached out to DEQ’s Julia.Wellman@deq.virginia.gov by phone at 804-698-4326 to get additional details. Staff is to request an extension to the public comment period so that this can be discussed during the March meeting. Link to DEQ public notice Concerns about lack of details about the flood hazard zone, proximity to Holdens Creek, lack of a Stormwater Management Plan, etc. were expressed. Annual Poultry Update Staff presented the information supplied to Accomack County staff for their annual PC/BOS poultry update. DEQ’s Matt Link reported that April will begin DEQ’s Compliance Initiative Program. Plans & Reports Staff presented the Annual Water Quality Monitoring Plan 2016 with 11 stations in Accomack and 7 in Northampton County, all ambient long-term trend program. Discussion ensued about additional waterways, such as King Creek. Reduction of Toxics in State Waters Report (biennially) January 2017 Informational Items Deep groundwater aquifers respond rapidly to climate variability. - Matthew Carroll, Penn State

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Other Items EVGMAC – During the March 14 Curt Smith will relay the top three issues decided upon by the Committee that need to be resolved by the EVGMAC. Details in the Consultant Report. Nutrient Trading Program – Staff reported that Aqualaw will hopefully soon be done drafting the Tyson/Tangier Agreement. Public Workshop & Outreach – Second Annual Well & Septic Forum will likely be held in conjunction with the Clinic Kickoff Meeting (AREC, early Oct.) or the interpretation meeting (mid-Nov.). Details about the Water Clinic (Oct. 11th) were discussed. Northampton Watershed Festival – Tuesday April 18th staff will have a booth. 2016 Ground Water Award – Staff reported that Chairman Hogg and Vice Chairman Muhly presented the award to Chesapeake Commonwealth on Thursday February 16 at 1pm and the press release and photo will be submitted to papers. HB2477 – Staff presented that this bill has passed both the Senate and the House. Indoor Plumbing Program – Elaine Meil presented that there have been about 125 sites documented, but that additional research is needed on the seaside of Accomack County, and on the Bayside of both counties, as initial bayside efforts focused on specific suspected ‘hot spots.’ HHWC – Date set for Saturday, May 6, 10am-2pm. At the Birdsnest and Painter Convenience Centers. Staff is confirming third site in Accomack County with DPW. Research Needs List – Staff presented a copy of a list of research needs to each Committee Member to review and add to and bring to the March meeting. Discussion concerning potential additional items such as phragmites, climate change (impacts on long-term conditions, inundation rates, surficial aquifer water table, etc.), and even effects of convenience center waste. Discussion continued surrounding the Bayview Convenience Center and the negative impacts to the watershed and potential retrofit options. 5. Consultant Report: The Consultant presented three draft issues, and details for all three, that may reflect the opinion of the Committee for Curt Smith to present during the March 14 EVGMAC meeting. Committee Member Hampton moved to approve the three issues with agriculture added to item (b.) and (c.) of issue (3.). The motion, seconded by Committee Member Belote, carried unanimously.

6. Other Matters:

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Discussion ensued concerning form GW2 required from property owners following well installation. Committee Member Meyers expressed difficulty in obtaining the necessary information from a local well drilling company. Curt Smith suggested adding the Committee research needs list into the update for the SET/CEDS plan. This was well received and efforts to make this integration will be made.

7. Public Participation: None.

8. Schedule Next Meeting & Adjournment The next Committee meeting was scheduled for March 21, 2017 at 10:00 AM in the A-NPDC Conference Room of the Enterprise Building in Accomac. Chairman Hogg adjourned the meeting at 12:00 p.m.

____________________________________ Granville Hogg, Chairman

Copy test:

____________________________________ Elaine K. N. Meil, Secretary

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MEMORANDUM TO: Eastern Shore of Virginia Ground Water Committee FROM: Shannon Alexander Coastal Resources Program Manager Accomack-Northampton Planning District Commission

DATE: March 21, 2017

SUBJECT:

Financial Status Report

Financial Status Report

The FY 2017 Financial Status Report is attached.

Deposits for the period include $9,401.50, representing 3rd quarter funds received from both counties.

TOTAL BILLS PAYABLE $0.00

Staff requests the Committee review and consider approving the FY2017 Financial Status Report.

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MEMORANDUM TO: Eastern Shore of Virginia Ground Water Committee FROM: Shannon Alexander Coastal Resources Program Manager Accomack-Northampton Planning District Commission DATE: March 21, 2017 SUBJECT:

Staff Update Committee Attendance Record The FY2017 Committee Attendance Records are attached. USGS Electromagnetic Logging Data Analysis Randy McFarland’s abstract received USGS approval and now will be submitted to the Conference and likely will be presented at the Oct. 2017 Mid-Atlantic Water Resources Conference (more info). Environmental Reviews and Permits VA Pollutant Discharge Elimination System Program

• None VA Pollution Abatement Program

• None Total Maximum Daily Load/Implementation Plans

• None Public Notice – Environmental Project

• No new • DEQ was sent a comment letter on behalf of the Ground Water Committee the state’s

response to the environmental aspects of 8 (60ftx600ft) poultry houses on Saxis Road (USDA federal loan guarantee to a commercial lender). Link to DEQ public notice Julia.Wellman@deq.virginia.gov 804-698-4326. See letter, attached.

Other Items HB1774 (http://leg1.state.va.us/cgi-bin/legp504.exe?ses=171&typ=bil&val=hb1774) Stormwater Management; Work Group to Examine Ways to Improve

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Directs the Commonwealth Center for Recurrent Flooding Resiliency (the Center) to convene a work group to consider alternative methods of stormwater management in rural Tidewater localities. The bill provides that the group is to be facilitated by the Virginia Coastal Policy Center at William and Mary Law School and is to include representatives of institutions of higher education, state agencies, local governments, private industry, and other groups. The bill provides that the work group is to review and consider the creation of rural development growth areas, the development of a volume credit program, the payment of fees to support regional best management practices, and the allowance of the use of stormwater in highway ditches to generate volume credits. The bill requires the Center to report the results of the work group's examination to the Governor and the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources by January 1, 2018, which is the date the work group provisions of the bill are set to expire. The bill also delays from July 1, 2017, to July 1, 2018, the effective date of new stormwater laws enacted during the 2016 Session of the General Assembly.

Resident Certified Letter A letter addressed to Elaine Meil was received on February 23 from Ms. Ann Violi. The letter focused on her concerns about poultry CAFOs and their impacts to groundwater, surface waters, human health, and property values.

Staff suggests drafting a standard informative document about ESVA groundwater, including a ‘fact and myth’ section. Accomack County to Amend Poultry Ordinance Most recent ordinance amendment to remove poultry from residential and general business has been sent to the Board of Supervisors to set a public hearing. This could be an opportunity to include language concerning DEQ Groundwater Withdrawal Permit with the reference to the requirement of a DEQ VPA permit. EVGMAC

• Will be meeting monthly, 9am-4pm at DEQ in Richmond, beginning in March, 2017. Curt Smith or Shannon Alexander will be attending. April (TBD), May 15, June 12, July 10. Existing Work Groups include: Alternative Sources of Supply, Alternative Management Structures, Trading, Future Permitting Issues, Funding. Unfortunately, no A-NPDC staff was able to attend the March 14 meeting. Materials from that meeting are available at the following link. http://www.deq.virginia.gov/Programs/Water/WaterSupplyWaterQuantity/EasternVirginiaGroundwaterManagementAdvisoryCommittee.aspx

Nutrient Trading Program

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• Aqualaw drafting Agreement to aid in the process of Tyson donating nutrient credits to the Town of Tangier for 2017, 2018, 2020. Staff will then review and distribute to Town and Tyson for review and approval. Last update was 3/3/2017.

Public Workshop & Outreach

• 2017 Household Hazardous Waste Collection: 13th Annual, Sat. May 6 10am-2pm, Fishers Corner (Parksley), Painter, and Eastville. Signs up at Convenience Centers, Facebook event created, advertising initiated.

• Second Annual Well & Septic Forum o Working with Theresa/Ursula, perhaps Forum can be held in conjunction with the

Clinic Kickoff Meeting (AREC, early Oct.) or the interpretation meeting (mid-Nov.).

o Water Clinic date set from Oct. 11th, cost is $55 per kit. Max participants is 200, min is 30, pre-registration required. Flyer attached.

• Staff presenting for the Master Gardeners on July 11th at 9:30am at the AREC in Painter.

• 2016 Ground Water Award presented to Chesapeake Commonwealth on Thursday February 16 at 1pm by Chairman Hogg and Vice Chairman Muhly. Press release attached.

Upcoming Events

• March 22 – World Water Day,

• April 4-6, Virginia Military Institute, Lexington: 27th Annual Environment Virginia Symposium. Organized by the VMI Center for Leadership and Ethics. More information.

• April 18 – Northampton Watershed Festival, Tuesday at Kiptopeke State Park. Shannon will have a Groundwater educational booth.

• April 22 – Exmore Earthday Festival, Saturday at the Exmore Park. Shannon will have a Groundwater educational booth.

• May 2 – Tidal Wetlands Workshop W&M, Williamsburg, more info/registration here.

• May 9 - CAWG Quarterly Meeting, VIMS ESL Wachapreague 1pm-3pm.

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EASTERN SHORE OF VIRGINIA

GROUND WATER COMMITTEE FY 2017 ATTENDANCE RECORD

Members Term Exp.

July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

Accomack Co. Jim Belote NA * X X X X * X X Grayson Chesser * X X * Daniel Hershey

June 30, 2019 * - - - - * X X

J.W. Jeffries June 30, 2019 * X - * -

Paul Muhly * X X X * X X Northampton Co. Eugene Hampton

October, 2019 * X X X X * X X

Granville Hogg * X X X X * X X Robert Meyers

January, 2019 * X X X X * X X

John Salm May, 2018 * X X X X * X X

Non-Voting Ex-Officio Members Mike Mason NA * * X John Andrzejewski NA * *

Elaine Meil NA * X X X X * X - Indicates not a member. X Indicates member present. * Indicates no monthly meeting held. NA Not Applicable ( ) Indicates an alternate present

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March 13, 2017 Julia Wellman DEQ Central Office, 6th Floor Office of Environmental Impact Review 629 East Main Street Richmond, Virginia, 23219 Re: PN 17-022F Dear Ms. Wellman: This comment is in regards to the federal consistency determination (FCD) for the federal loan guarantee of the construction of eight 60-foot by 600-foot poultry houses on properties located between 27209 and 26259 Saxis Road. The parcels on the notification you have supplied are adjacent to a tidal waterway and entirely in either FEMA Special Flood Hazard Area Zone AE (1-percent-annual-chance flood zone) or in the 0.2-percent-annual-chance flood zone. Particularly with projected relative increases in local tidal water levels during the life of the structure, this could create a situation whereby livestock could drown and/or manure piles flood causing negative effects on water quality of the Chesapeake Bay and human health concerns. Although the USDA Wetland Delineation Maps were provided, there does not seem to have been a review of site plans with elevations based on the same datum as the FEMA maps to address the potential flooding issue. Also, in the FCD, there is also no stormwater management plan or assessment of the potential effects on our EPA designated sole source aquifer system. Without this vital information it is difficult to understand how the VDEQ concluded that the proposed action would be consistent with the Virginia CZM Program policies. Please advise when the additionally referenced information above will be available so that appropriate comments can be prepared if necessary. Sincerely, Hon. Granville Hogg, Chair, Eastern Shore of Virginia Ground Water Committee CC: Hon. Paul Muhly, Vice Chair, Eastern Shore of Virginia Ground Water Committee

Elaine Meil, Executive Director, Accomack-Northampton Planning District Commission Curt Smith, Director of Planning, Accomack-Northampton Planning District Commission Shannon Alexander, Coastal Resources Program Manager, Accomack-Northampton Planning District Commission

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MEMORANDUM TO: Eastern Shore of Virginia Ground Water Committee FROM: Britt McMillan Principal Hydrogeologist Arcadis-Malcolm Pirnie DATE: March 21, 2017 SUBJECT:

March 2017 Ground Water Consultant Report Technical/Regulatory/Educational Items

1. Eastern Virginia Groundwater Management Advisory Committee Summary: The EVGMAC has met six times since August 18, 2015 with the last meeting held March 14, 2017. Wanda Thornton represented the Eastern Shore Groundwater Committee for the initial meetings. Curtis Smith, who serves as the Alternate on the Committee continues to represent the Shore at future meetings. Focus of the Committee is on 1) Alternative Sources; 2) Alternative Management Structures; 3) Future Permitting Criteria; 4) Data needs; and 5) Funding. Five Workgroups were formed and meetings associated with the Workgroups completed December 2016. The purpose of the Workgroups is to provide information but not recommendations the Committee. Information on the Committee and Work Groups are available from the DEQ website: http://www.deq.state.va.us/Programs/Water/WaterSupplyWaterQuantity/EasternVirginiaGroundwaterManagementAdvisoryCommittee.aspx

2. USGS Research: Spatial and Temporal Variation of Stream Chemistry Associated with Contrasting Geology and Land-Use Patterns in the Chesapeake Bay Watershed: Summary of Results from Smith Creek, Virginia; Upper Chester River, Maryland; Conewago Creek Pennsylvania; and Difficult Run, Virginia, 2010-2013 (SIR 2016-5093). This study characterized factors influencing surface water quality in small watersheds with a focus on various land-use activities, land form, and groundwater contributions: Smith Creek is in the Shenandoah Valley with cattle and poultry dominated use; Upper Chester River is on the Eastern Shore of Maryland with row-crop dominated use; Conewago Creek is in southeastern Pennsylvania with mixed agriculture; and Difficult Run is in the Metro-DC area (urban dominated). Smith Creek (predominately limestone geology) and Upper Chester River (coastal plain geology) sites have groundwater dominated flow. Groundwater was found to be a major contributing source of nitrate to the surface waters in these two watersheds. The study specifically found that nitrate in groundwater from the Upper Chester River site (Eastern Shore of Maryland) is consistent with over application of artificial fertilizers or atmospheric nitrogen fixation.

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Committee Work Plan-Related Items

1. Water use and groundwater level trends: Water use and groundwater level trends are important data in tracking resource development and assuring that sustainable levels are currently being withdrawn. Permit amounts are important in considering potential increase in use and potential impacts to the groundwater resource. Actual groundwater and surface water (irrigation pond) use on the Eastern Shore over the 7-year period from 2009 to 2016 will be reviewed. Information on water use was obtained from DEQ data files and include reported use for permitted wells and unpermitted surface water withdrawals. The analysis will examine use trends for agricultural/irrigation; commercial/industrial; and community / public water supply. The actual use will be compared to permitted use. Water level information was obtained from USGS data files, and water level trends will be compared to use trends at specific monitoring locations.

Other Items: None

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Eastern Shore of Virginia Ground Water Committee

FY 2015 Consultant Progress Summary Task 1 - Committee Meetings (FY17 Goal = 10)

% Completion 60% Task 2 – Technical Documentation No. Activity Month

1 Presented information on pending regulatory change requiring well registration for all private wells after September 22,2016. This regulatory change is seen as providing important information on groundwater use on the Eastern Shore

Aug

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Presented information from three USGS reports: 1) USGS PP 1829: “Assessment of Groundwater Availability in the North Atlantic

Coastal Plain Aquifer System from Long Island, New York, to North Carolina. 2) USGS SIR 2016-5034: Regional Chloride Distribution in the North Atlantic

Coastal Plain Aquifer System from Long Island, New York, to North Carolina. 3) USGS SIR 2016: “Regional Chloride Distribution in the North Atlantic Coastal

Plain Aquifer System from Long Island, New York, to North Carolina.” The reports provided a detailed regional assessment of groundwater availability, and included factors such as excessive drawdown, saltwater intrusion, subsidence, climate change, and sea level rise.

Sep

3 Presented information from a NASA affiliated report published in the Journal of Science: Continental Patterns of Submarine Groundwater Discharge Reveal Coastal Vulnerabilities Sep

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Presented summary and recommendations from the Virginia Joint Legislative Audit and Review Commission (JLARC) report: “Effectiveness of Virginia’s Water Resource Planning and Management”. Recommendations that could most directly affect water resources on the Shore are:

a. Rec 1: DEQ should identify high priority locations for additional sites for monitoring land subsidence, salt concentration, and groundwater levels.

b. Rec 12: SWCB issue permits for non-human consumptive uses only after meeting requests for human consumptive needs.

c. Rec 13: SWCB reduce permitted withdrawals for non-human consumptive use as necessary to provide permit capacity to meet human consumptive needs.

d. Rec 14: Establish a limit on the proportion of overall permitted withdrawal capacity to be granted to an individual permit holder.

e. Rec 15: Reduce the permitted withdrawal to more closely reflect the actual amount needed.

f. An alternative option that the GA should consider is a “user fee” for groundwater users.

Oct

Task 3 - Groundwater Permit Review Applicant Permit Status Month Annual Amount (Gal)

Lumber Hall Farm Draft Permit Aug 50,000,000 Task 4 – Implement Committee Work Plan

Activity Month(s) Outcome

Public comment period for regulatory change requiring registration for all groundwater supply wells.

August

The regulatory change provides important information on groundwater use on the Shore. The regulations are in effect and drillers constructing new wells after September 22,

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2016 are required submit information to DEQ. Note that all supply wells were already required to submit information to VDH, and the information in the new regulations provide better uniform reporting.

In support of the Eastern Virginia Groundwater Management Advisory Committee, a committee mandated by the General Assembly to address groundwater resource issues in the Coastal Plain of Virginia; the Groundwater Committee identified the following as issues the Advisory Committee should focus:

1. Prioritizing use from more sustainable aquifers (water table) and limiting use of less sustainable aquifers.

2. Coordinating research and model development with Stakeholder groups such as the Eastern Shore of Virginia Groundwater Committee.

3. Better characterizing un-permitted withdrawal use and impacts to the groundwater resource.

February

Information submitted to the Eastern Virginia Groundwater Management Advisory Committee. Additional information on responses from other Committee members will be provide when issues are discussed by the Committee.

Task 5 – Progress Reports % Completion 60%

Task 6 – Community Outreach (FY16 Goal = 2)

No. Presentation/Informational Material

Description Date Attendance

1 2