eastern shore of virginia ground water committee · 5/15/2018 · the meeting of the eastern shore...

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Eastern Shore of Virginia Ground Water Committee

April 17, 2018 10:00 a.m.

Enterprise Building, Accomac

MEETING AGENDA

1. Call to Order 2. Minutes of the April 17, 2018 Meeting .............................................................................. 3

3. Financial Status Report ....................................................................................................... 8

4. Staff Update ...................................................................................................................... 10

Public Comment Policy and Agenda Order .......................................................... 10

Household Hazardous Waste Collection Historic Summary .......................... 11

FY 2018 ATTENDANCE RECORD ................................................................... 12

BY-LAWS ............................................................................................................ 13

5. April 17, 2018 Ground Water Consultant Report ............................................................. 24

6. Other Matters

7. Public Participation

8. Schedule Next Meeting & Adjourn

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Minutes of the April 17, 2018 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, March 20, 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 John Salm John Coker, Vice Chairman Mike Mason Paul Muhly, Chairman Robert Meyers Members Absent: Jim Belote Others Present: Anne Violi Britt McMillan, ARCADIS Cole Charnock, ESSWCD Curt Smith, A-NPDC Dirk Lynch, MSA P.C. Janet Sturgis, Northampton Citizen Jim West, Town of Chincoteague Joseph Betit, Accomack Citizen Ken Dufty, Eastern Shore COG Linda Cicoira, Eastern Shore Post Mathew Link, VDEQ-OWS Meriwether Payne, Accomack Citizen Paul Grossan, Cape Charles Citizen Rich Morrison, Accomack County Sandra Beerends, Citizen Shannon Alexander, A-NPDC Sue Mastyl, CBES

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1. Call to Order Chairman Muhly called the meeting to order at 10:00 AM.

2. Review of the March 20, 2018 Minutes The draft minutes of the March 20, 2018 meeting were amended. The last sentence in Section 7. Public Participation was amended to read, “Mrs. Bachelder also indicated that the water from the well or her home in Pungoteague has been impaired with elevated salt content.”

Committee Member Meyers moved to approve the Minutes of the February 20, 2018 meeting as amended. The motion, seconded by Committee Member Hampton, carried unanimously with Committee Member Salm abstaining due to absence during the March meeting.

3. 2018 Financial Status Report The FY 2018 Financial Status Report was presented. Brief discussion ensued.

Committee Member Meyers moved to approve the FY2018 financial status report. The motion, seconded by Committee Member Salm, carried unanimously.

4. Staff Update In order to allow time for the consultant presentation and other items, staff limited reporting. The following staff updates were presented:

Committee Attendance Record The FY2018 Committee Attendance Record was presented. Other Items Wagner Borrow Pit SUP Discussion was tabled until the Consultant report. 2016 Virginia Toxics Release Inventory Report Staff presented tables for Accomack County (Northampton County did not have any facilities in the report) for on-site releases and on-site management, quantities and state ranking, from 2008-2016, as well as a brief summary. Member Hampton pointed out the risks associated with the hydrogen sulfide discharges (acid rain) from Perdue and lead discharges from NASA WFF. VDH Wellhead Protection Implementation Grant Staff presented that they will be applying to the Virginia Department of Health for a grant that would create a regional permanent household hazardous waste facility.

Committee Member Meyers moved to supply a letter of support to the A-NPDC for their application to VDH for a Wellhead Protection Implementation Grant that would create a

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permanent regional household hazardous waste collection. The motion, seconded by Committee Member Chesser, carried unanimously. Town of Chincoteague Request Mr. Jim West, the Town of Chincoteague Manager, presented information about their progress with exploratory wells on property currently zoned for agriculture to the south of the NASA WFF property where the contaminated wells are located.

Committee Member Salm moved to supply a letter to the Town of Chincoteague indicating the Committee’s support of the Accomack County Conditional Use Permit that would allow installation of these public water supply wells on the 30-acre parcel in District 2. The motion, seconded by Committee Member Hampton, carried unanimously. Upcoming Events Staff announced they will be at the Exmore Earth Day Celebration as an educational exhibitor on April 21st. 5. Consultant Report: The Consultant gave a brief presentation with regards to the Wagner Borrow Pit Special Use Permit Application to expand their existing permitted 10-acre borrow pit to 18-acres at a depth of 30-feet below ground surface. Vice Chairman Coker made a motion to supply an information letter to the Northampton Planning Commission which summarized the review and remarks of the consultant. The motion was seconded by Committee Member Hampton, and carried unanimously with the exception of Committee Member Salm, who recused himself from the vote. The consultant provided information about legislation in the current General Assembly, including HB211, HB358, & SB520. HB885, 887, & 888. The consultant gave a new presentation, Groundwater Level Summary, which was prepared in response to questions at previous meetings and is intended to be a more comprehensive review of groundwater level trends in response to groundwater use, focusing on four general areas.

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6. Other Matters: Vice Chairman Coker brought up the need for ‘big picture’ discussions, taking into account new large groundwater users and long-term needs for the Eastern Shore. Chairman Muhly presented a potential change to the Committee By-laws that would shift the Public Participation from the item preceding Adjournment to Item 2, immediately following the Call to Order. This was suggested as a way to ensure there is time for public comment and time for the consultant to complete his important presentations at the end of the agenda, without needing to end early to go to Public Participation. As stated in the By-laws, this amendment would go into effect after 30 days prior notice. Chairman Muhly presented draft Public Participation Policy rules for Members to consider.

Committee Member Hershey moved to amend the Committee By-laws Article VIII – ORDER OF BUSINESS to move the Public Participation to Item 2. The motion, seconded by Committee Member Chesser, carried unanimously. Chairman Muhly presented for consideration the idea of a potential bi-county ordinance that would increase protection of the recharge spine with regards to development and stormwater requirements. Staff is to look into this further and bring back a report. 7. Public Participation: Mrs. Sue Mastyl expressed concerns about moving the Public Participation to the beginning of the meeting. She also requested additional information about the Gubernatorial amendments to HB888, clarifying that the amendments do not include removing the Eastern Shore from privatization of local VDH office well and septic design services. Mr. Joe Betit introduced himself and described his experience as a land surveyor for over 40 years. He pointed out the details and very specific data that would be needed from an expert witness. He pointed to page 11 of USGS Circular 1392, Land Subsidence and Relative Sea-Level Rise in the Southern Chesapeake Bay Region, which covers aquifer system compaction from groundwater withdrawals. He indicated the need for defining a metric for stating the sustainability of an aquifer system and that it needs to be more than just ‘height’ and needs to include compaction. Mr. Betit pointed out that using DPI’s 2017 number of poultry houses on the Eastern Shore of Virginia, these operations represent 19% of DelMarVa total production on only 8.25% of the land. Mr. Betit offered to provide Google Earth KML files, to anyone who requests them, for the pre-2014 poultry houses and the new CAFO permits since then, which he obtained by a FOIA request from Accomack County Planning. Mr. Ken Dufty provided comments with regards to stormwater and groundwater recharge and referenced the 2009 Northampton County Comprehensive Plan, as it indicates moving development from the spine to the towns off of Route 13. He indicated that Wagner Brother’s representatives stated that they did use their existing borrow pit for fill during one of the meetings of the Northampton County Board of Supervisor. Mr. Dufty

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Mrs. Sandra Beerends presented a book titled Environmental management of Concentrated Animal Feeding Operations (CAFOs) by Nancy E. Whiting. She mentioned CAFO groundwater recovery doesn’t follow regular agricultural seasonal recharge, due to year-round use. 8. Schedule Next Meeting & Adjournment

The next Committee meeting was scheduled for May 15th, 2018 at 10:00 AM in the A-NPDC Conference Room of the Enterprise Building in Accomac.

Chairman Muhly adjourned the meeting at 12:08 p.m.

____________________________________

Paul Muhly, 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: May 15, 2018

SUBJECT:

Financial Status Report

Financial Status Report

The FY 2018 Financial Status Report is attached.

Bills Payable:

Care Environmental HHWC $5,409.91

TOTAL BILLS PAYABLE $5,409.91

Staff requests the Committee review and consider approving the FY2018 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: May 15, 2018 SUBJECT:

Staff Update Committee Attendance Record The FY2018 Committee Attendance Records are attached. Public Comment Policy and Agenda Order Amendments to the By-laws for the Committee were suggested to be modified during the April meeting. Attached are the draft amended By-laws. A motion to adopt the By-laws with April amendments may be made this meeting, as there has been a month since the motion to amend the order of the agenda. The By-laws may be amended by a majority vote of the entire membership after thirty days prior notice. The current By-laws were last amended October 18, 2016. Staff requests action to adopt the amended By-Laws. Staff request adoption of a Public Participation Policy. Environmental Reviews and Permits VA Pollutant Discharge Elimination System Program VA Pollution Abatement Program Total Maximum Daily Load/Implementation Plans Public Notice – Environmental Project Consent Orders Waste Permits

• None (as of 5/8/2018) Other Items Recharge Area Discussion See page 18 excerpt from the Groundwater Management Plan, Section 2.2. Full report found here. See Accomack County Comprehensive Plan excerpt, page 19-23. Household Hazardous Waste Collection Typically held on the first Saturday of May, the HHWC is now offered at three locations simultaneously. Since 2004, this event has kept over 40,000 pounds (over 20 tons) of hazardous materials from polluting the local system.

http://www.a-npdc.org/wp-content/uploads/2016/05/ESVAGroundwaterResourceProtectionAndPreservationPlan2013compress.pdf

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Household Hazardous Waste Collection Historic Summary Year Site #

Participants Pounds

Collected Total #

Participants Total Pounds

Collected Notes

2018 Eastville 13 356

72 2,046 (1 ton) Paint not accepted Grangeville 20 497

Chincoteague 39 1,193

2017 Eastville 15 809

53 2,994 (1.5 tons)

Some paint accepted Painter 12 792

Fishers Corner 26 1,393

2016 Birdsnest 21 991

60 2,328 (1.1 tons) Paint not accepted Grangeville 14 284

Horntown 25 1,053


99 3,402 (1.5 tons) Paint not accepted Tasley 43 1,450

Chincoteague 36 1,340


50 1,762 (0.8 tons) Paint not accepted Fishers Corner 28 1,123

Makemie Park 5 117


102 4,270 (1.9 tons) Paint not accepted Painter 47 1,964

Horntown 34 1,689

2012 Eastville 33 2,017 33 2,017 (0.9 tons) Paint not accepted

2011 No Collection Held NA NA NA NA Funding

limitations did not permit 2011 event

2010 Chincoteague 95 7,326 95 7,326 (3.3 tons) Paint accepted

2009 Eastville unknown unknown

unknown unknown Pesticide cleanup day held in place

of HHWC Tasley unknown unknown

2008 Eastville 44 2,781 44 2,781 (1.3 tons) Paint accepted

2007 Oak Hall 25 1,688 25 1,688 (0.8 tons) Paint accepted

2006 Belle Haven 38 1,302 38 1,302 (0.6 tons) Paint accepted



Program Totals 696 37,786 (18.9 tons) *

*Actual total amount is greater, 2009 collected amounts not included.

Upcoming Events

• June 2 –Annual Clean the Bay Day, Guard Shore Beach and Road

• June 2 - 10 – Chesapeake Bay Awareness Week

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EASTERN SHORE OF VIRGINIA

GROUND WATER COMMITTEE FY 2018 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 X Grayson Chesser * X X X * X X X X Daniel Hershey

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

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

October, 2019 * X X X * X X X X

Granville Hogg * X X X * - - - - - -

John Coker - - - - - * X X X X Robert Meyers

January, 2019 * X X X X * X X X X

John Salm May, 2018 * X X * X X

Non-Voting Ex-Officio Members Mike Mason NA * * X X X Charles Kolakowski NA * X X * X X X

Elaine Meil NA * X X X 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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BY-LAWS

EASTERN SHORE OF VIRGINIA GROUND WATER COMMITTEE AMENDED May 15, 2018

ARTICLE I - AUTHORIZATION 1-1. This Committee is established in conformance with the Joint Resolution creating

an agreement between the County of Accomack, Virginia and the County of Northampton, Virginia, to jointly promote the management and protection of ground water within the counties of Accomack and Northampton and the establishment of the Eastern Shore of Virginia Ground Water Committee, hereinafter referred to as the "Joint Resolution."

1-2. The official title of this body shall be the Eastern Shore of Virginia Ground Water

Committee, hereinafter referred to as the "Committee."

ARTICLE II - PURPOSE 2-1. The primary purposes of the Committee are to serve as a viable 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.

ARTICLE III - MEMBERSHIP 3-1. The Committee shall consist of eleven (11) members appointed by Accomack

County and Northampton County as specified in the Joint Resolution. 3-2. The terms of office for the members shall be as specified in the Joint Resolution. 3-3. Vacancies shall be filled as specified by the Joint Resolution.

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3-4. Members of the Committee shall be eligible for reappointment, as specified by the Joint Resolution.

3-5. Terms of Committee members shall expire immediately before the beginning of the

regular meeting at which their successors' terms of office begin.

ARTICLE IV - SELECTION OF OFFICERS 4-1. Officers of the Committee shall consist of a Chairman, Vice Chairman, and

Secretary. The positions of Chairman and Vice-Chairman shall each be filled by a member of the Committee and shall be elected by the Committee membership. The members filling the positions of Chairman and Vice-Chairman shall alternate between Accomack County and Northampton County, with neither position representing the same county at the same time and with a two (2) consecutive term limit. The Secretary shall serve at the request of the Committee and may be a member of the Committee or the Executive Director of the Accomack-Northampton Planning District Commission.

4-2. Nomination of officers shall be made from the floor at the July meeting each year.

Election of officers shall follow immediately. A candidate receiving a majority vote of the entire membership shall be declared elected.

4-3. Terms of office shall be for one year or until a successor takes office. 4-4. Vacancies shall be filled as specified by the Joint Resolution.

ARTICLE V - DUTIES OF OFFICERS 5-1. The Chairman shall: 5-1-1. Preside at meetings. 5-1-2. Appoint sub-committees. 5-1-3. Rule on procedural questions (subject to reversal by a two-thirds majority vote of

the members present). 5-1-4. Report official communications at the next regular Committee meeting. 5-1-5. Certify official documents involving the authority of the Committee. 5-1-6. Certify minutes as true and correct copies.

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5-1-7. Carry out other duties as assigned by the Committee. 5-2. The Vice-Chairman shall: 5-2-1. Assume the full powers of the Chairman in the absence or inability of the Chairman

to act. 5-3. The Secretary shall: 5-3-1. Record attendance at all meetings. 5-3-2. Record the minutes of the Committee meetings. 5-3-3. Notify members of all meetings. 5-3-4. Maintain a file of all official Committee records and reports. 5-3-5. Certify records and reports of the Committee. 5-3-6. Give notice and be responsible for publishing public notices of all Committee

public hearings and public meetings. 5-3-7. Attend to the correspondence necessary for the execution of the duties and

functions of the Committee.

ARTICLE VI - MEETINGS 6-1. Regular meetings of the Committee shall be held on the third Tuesday of each

month at 10:00 a.m. Special meetings shall be called as needed. When a meeting date falls on a legal holiday, the meeting shall be held on the day following unless the Committee selects an alternate day.

6-2. Special meetings may be called by the Chairman or by two members upon written

request to the Secretary. The Secretary shall mail a written notice to all members, at least five days before a special meeting, stating the time, place and purpose of the meeting.

6-3. All meetings of the Committee shall be open to the public. 6-4. Committee members who are unable to attend a regularly scheduled meeting of the

Committee should notify the Chairman or the Secretary prior to the meeting. If any

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member of the Committee misses three (3) consecutive regular monthly meetings, the Committee shall send a letter to that member advising them of their absence and requesting their regular attendance at future meetings. This letter shall be also copied to the member’s appointing body. If, after this action, the same member misses the next regularly scheduled meeting, the Committee may send a letter to the appointing body requesting that it name a replacement as soon as possible.

ARTICLE VII - VOTING 7-1. A majority of the members shall constitute a quorum. 7-2. No action of the Committee shall be valid unless authorized by a majority vote of

those present and voting.

ARTICLE VIII - ORDER OF BUSINESS 8-1. The order of business for a regular meeting shall be: 8-1-1. Call to order. 8-1-2. Approval of minutes. Public participation. 8-1-3. Approval of minutes. 8-1-34. Staff Report. 8-1-45. Unfinished business. 8-1-56. New business. 8-1-6. Public participation. 8-1-7. Consultant Report 8-1-7. Adjournment. 8-2. Parliamentary procedure in Committee meetings shall be governed by Robert's

Rules of Order.

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8-3. The Committee shall keep minutes of each meeting, and these minutes shall become a public record. The Secretary and Chairman shall sign all minutes and, at the end of the year, certify that the minutes of the preceding year are a true and correct copy.

ARTICLE IX - PUBLIC HEARINGS 9-1. In addition to those required by law, the Committee may hold public hearings on

any matter which it deems to be in the public interest, upon approval of Accomack County and Northampton County.

9-2. Notice of a public hearing shall be published once a week for two successive weeks,

in a newspaper of general circulation in the area, at least ten days before the day of the public hearing. Such notice shall specify the time and place of hearing, which cannot be held less than six or more than twenty-one days after the second newspaper advertisement.

9-3. The Chairman shall summarize the matter before the Committee, allow interested

parties to speak, and accept written statements and other documentation pertinent to the matter being addressed.

9-4. An accurate, written record shall be made of the proceedings of a public hearing

and maintained as a part of the Committee's files.

ARTICLE X - AMENDMENTS 10-1. These By-laws may be amended by a majority vote of the entire membership after

thirty days prior notice.

2.2 Groundwater GROUNDWATER MANAGEMENT PLAN

Page 2.2-15

There have been a number of groundwater recharge values previously estimated for the Eastern Shore.

Holme4 conducted a detailed two year study of ground water recharge from monthly ground water budgets

in the Beaverdam Creek basin in Maryland, near the border with Accomack. From his work a recharge

value of 12 in/yr was determined, after subtracting ground water loss through evapotranspiration. The

12 in/yr estimate includes recharge which is later lost through discharge to surface waters. Harsh and

Laczniak conducted a study of the regional aquifer system of the Northern Atlantic coastal Plain5. In this

study, they estimated that ground water recharge to the water table aquifer is approximately 15 inches/year.

A digital-flow-model study in the Coastal Plain of central and southern Delaware6 used 14 inches/year as an

estimate of ground water recharge for the area and other studies on the Eastern Shore have estimated that

recharge to the unconfined aquifer ranges between 8.5 and 15 in/yr2 and 12 and 26 in/yr7. The most recent

estimate was developed by the USGS as part of the Eastern Shore Model10 and is currently the best

estimate for recharge on the Shore. The current estimates of recharge are presented on Figure 2.2-13, with

6.6 in/yr recharging the Columbia aquifer.

Fresh groundwater recharge to the underlying

confined Yorktown-Eastover aquifer is generally

greatest near the central “spine recharge” area of

the peninsula, where the difference in water level

between the Columbia aquifer and Yorktown-

Eastover aquifer is greatest (Figure 2.2-14). Some

of the water that recharges near the center of the

peninsula flows vertically through the water table

aquifer and underlying confining units to recharge

the confined aquifers. This downward flow

component decreases with distance from the central

recharge area. The Yorktown-Eastover aquifers are

recharged at a much lower rate than the Columbia

aquifer. Current estimates for recharge rate to the

Upper Yorktown-Eastover aquifer is ½ in/yr (less

than 1% of the precipitation falling on the Shore.

Recharge to the Middle and Lower Yorktown-

Eastover aquifers are progressively lower with

depth. Age measured from groundwater samples

collected from the Columbia and Yorktown-Eastover

aquifers10 illustrates these low recharge rates with

average ages as follows:

Columbia aquifer ≈ 50 years

Upper Yorktown-Eastover ≈ 4,500 years

Middle Yorktown-Eastover aquifer ≈ 9,700 years

Lower Yorktown-Eastover aquifer ≈ 13,900 years

Figure 2.2-14: Recharge Areas of the Eatern

Shore

Chapter Four: Issues and Concerns Adopted May 14, 2008

Respecting the Past, Creating the Future: The Accomack County Comprehensive Plan 4-31

but monitoring equipment to confirm compliance is not available on the Shore. An air quality monitoring station would allow for the detection of air quality deterioration and the study of long term trends. The county should look into the possibility of a having the state establish a monitoring station on the Shore or the possibility of establishing a monitoring station in cooperation with a university research station.

Groundwater Management Ground Water Supply Protection and Management Plan for the Eastern Shore of Virginia: The Ground Water Supply Protection and Management Plan for the Eastern Shore of Virginia was initiated in 1990 at the request of Accomack and Northampton Counties. A bi-county Ground Water Study Committee was formed to oversee the development of the plan. This study committee consists of two members from each county’s Board of Supervisors, one citizen appointee by each Board, the County Administrator from each county, and the Executive Director of the Accomack-Northampton Planning District Commission. The consulting firm of Horlsey Witten and Hegemann (HWH) assisted with preparation of the plan. The plan, which was adopted in 1992, summarizes information on groundwater hydrology, water withdrawals, land use threats, and current control mechanisms on the Eastern Shore. The Ground Water Plan recognizes the importance of understanding the water system as a whole in order to make future land use and development decisions designed to protect water supplies. An understanding of the flow patterns and locations of the recharge areas on the peninsula was seen as crucial, so a conceptual model was developed which took a three-dimensional approach. The key element of the model with respect to protecting the long term quality and quantity of groundwater in the Eastern Shore is the role played by the central spine of the peninsula. The center portion functions as the primary recharge source for the heavily used confined Yorktown-Eastover aquifer, and its protection is of utmost importance to the continued viability of the aquifer as a source of water. Recommendations were proposed to develop a comprehensive groundwater protection and supply management strategy which will maintain an adequate supply of high quality water for the future needs of the region. All recommendations listed below must take into account sea level rise. Recommendations for Water Quality Protection: The 1992 HWH plan recommended the following: Pursue water conservation measures with major industrial users: The Ground Water Study Committee has met with major industrial users, to recommend freshwater conservation possibilities. These include the use of lower quality water for effluent dilution, and the reduction in wastewater flows from treatment plants. Create an overlay protection zoning district to protect the spine recharge area to the Yorktown-Eastover aquifer: d upon the Wellhead Protection Area Map prepared by HWH, and the delineation of wellhead protection areas and recharge areas to the Yorktown-Eastover aquifer, Accomack County has considered but has not adopted a zoning overlay groundwater protection district.



Underground Storage Tanks Underground storage tanks (USTs) pose a threat to groundwater in

that older steel tanks that are not of double wall construction can corrode and leak contaminants into the soil. These leakages can continue undetected for a considerable amount of time. USTs are used primarily for fuel storage, either at retail establishments such as gas stations or home fuel oil supplies. The concentration of gas

stations along Route 13, which runs along much of the groundwater recharge spine is a reason for concern.

Review and revise county zoning and subdivision regulations: Accomack County has revised its their current zoning and subdivision regulations to incorporate some groundwater quality and quantity protection measures to control the density, location and the pattern of development. Additional measures are needed to designate the ground water recharge area, require central water supplies for large developments, and require shallow irrigation wells for new residential development.

Land Use in the Groundwater Recharge Spine 1996 Source: Accomack County Dept. of Building, Planning & Zoning

Land Use Acreage Percent of Total Agricultural/Vacant .................. 8,832 ................... 43.27% Agricultural/Forested ............... 8,673 ................... 43.39% Agricultural/Poultry ....................... 46 ....................... .23% Residential/General ................... 828 ..................... 4.05% Residential/Mobile Home ............. 42 ..................... 0.20% Commercial ................................ 129 ..................... 0.63% Industrial .................................... 495 ..................... 2.42% Public/Institutional ........................ 52 ..................... 0.25% Incorporated Town .................. 1,129 ..................... 5.51% Route 13 right-of-way ................. 214 ..................... 1.04%

Incorporate groundwater protection requirements into site plan review : Accomack County has revised its zoning ordinance to require that groundwater protection be considered in all major site plan reviews. Develop a private well ordinance to control the siting and construction of new wells: Accomack County does not have a requirement, but most new private wells should be finished in the Yorktown-Eastover aquifer. Support the implementation of agricultural nutrient management plans: The Soil Conservation Service, County Extension Agents, and the Eastern Shore Soil and Water Conservation District have continued their program of assisting farmers in developing nutrient management plans. Recommendations for Water Quantity Management: Revise State Ground Water Act and Regulation to allow for reevaluation of existing permits: The State Ground Water Act now requires reevaluation of ground water withdrawal permits



every 10 years. Develop an Eastern Shore Water Management District to manage water withdrawals: No action has been taken on this recommendation. Control the siting and development of new water supply wells to prevent well interference and reduce the threat of saltwater intrusion: New wells using 10,000 gallons per day are required to have ground water withdrawal permits, which are evaluated for impacts such as overpumping and saltwater intrusion. However, large residential developments with individual wells are not required to have permits. Continue the accurate reporting of agricultural water withdrawals, by well location and depth: Large agricultural water withdrawals are now required to have permits, and submit water use data. Continue the consideration of mandatory permitting of agricultural withdrawals after review of reporting data: Large agricultural water withdrawals are now required to have permits, and submit water use data. Protect open space and undeveloped land in the spine recharge area: To date, there has been no program to acquire open space or easements to protect the Zone 2 Recharge Area. General Recommendations: Implement a land use/water quality data base: The A-NPDC works with a ground water consultant to update ground water data annually, but has not developed a centralized water quality data base for all water use on the Eastern Shore.

Acreage of Irrigated Land

Year Acreage 1974 ............... 4,097 1978 ............... 5,388 1982 ............... 6,345 1987 ............... 9,132 1992 ............... 7,889 1997 ............... 9.399 2002

9,716

Source: Census of Agriculture 1992, 1997, 2002

Develop a public education program on groundwater: The Eastern Shore of Virginia Ground Water Committee developed materials and a web site on the importance of the groundwater resource on the Eastern Shore, and coordinates research conducted by the U.S. Geological Survey.



Continued Research and Investigation: Investigate the nature of recharge to the Yorktown-Eastover aquifer: USGS is updating the Eastern Shore Ground Water Flow Model to better estimate recharge and pumping impacts. Research dilute saltwater issues: DEQ has reactivated its ground water quality monitoring program, which was dormant for many years. The most recent data has been used to update the USGS ground water model. Investigate the Character of Pleistocene Paleochannels on the Eastern Shore: The USGS Ground Water Flow Model update includes better information on the paleochannels. Evaluate pesticide use on the Eastern Shore: Progress to date on pesticide impacts to ground water is unknown. The impact of pesticide use on groundwater quality on the Eastern Shore should be studied. Currently, information is not available to accurately assess this potential source of contamination. The Virginia Department of Agriculture and Consumer Services, Office of Pesticide Management should be contacted to provide assistance in this effort. Since agriculture is planned as the predominant land use in the future, this effort should be a priority for future investigations. Support additional agricultural nutrient management research: Progress to date on nutrient management research is unknown. Revise the nitrogen model used in the study over time: Progress to date on revisions to the nitrogen model is unknown. Technical Analysis and Justification for Groundwater Ordinances In January, 2001, Malcolm Pirnie issued a Technical Analysis and Justification for Groundwater Ordinances on the Eastern Shore of Virginia, for the Accomack-Northampton Planning District Commission. This report contained findings and recommendations for action. The recommendations of the Malcolm Pirnie report included the following: • Homeowners apply the minimum fertilizer application rate for the soil and grass type on their

lot. • Centralized wastewater collection and treatment systems should be constructed for any new

developments of 50 or more lots of 0.25 acres or less. • Institute water conservation measures such as low flow plumbing fixtures, irrigation only in

the evenings and metered irrigation, and landscaping that requires minimal water use. • Use centralized water systems for larger residential areas (greater than 50 lots) to buffer the

peak water demand. A centralized potable water system withdrawing from a confined aquifer with non-potable irrigation water supplied by individual residential wells pumping from the water table aquifer provides the greatest protection from saltwater intrusion and loss of yield due to over pumping.



• All developments of 50 lots or greater should obtain their potable water supply from the upper

Yorktown aquifer, and obtain non-potable (irrigation) water from the water table aquifer.

Waste Disposal

Recycling: The County is required by the state to meet certain recycling levels. In addition to those mandated levels, increasing the amount of the waste stream that is recycled helps to extend the life expectancy of our landfills. The county currently has four solid waste convenience and recycling centers that collect paper, glass, and plastic. Additional centers of this type should be created to provide access for all county residents. A bottle deposit would further encourage residents to recycle glass bottles and reduce the amount of trash in the landfill. For this reason, the county should support any efforts to adopt bottle deposit legislation in Virginia. Litter: Many of Accomack County’s roadsides are cluttered with litter. This litter creates a bad image of the Shore for visitors, degrades the visual quality of the county for residents, and can pose a threat to water quality. The Virginia Department of Transportation conducts an adopt-a-road program in Accomack County in addition to general spring and fall clean-ups. Accomack County could cooperate with VDOT in organizing and providing support for two county-wide litter clean-up efforts annually. County support could be provided in the form of providing bags, providing trucks to pick up trash collected, assigning areas most in need of cleaning, and reducing tipping charges on clean-up days. Trash Collection: Accomack County should re-evaluate it’s greenbox collection system to ensure that the distribution of boxes is efficient and cost effective. Improvements may need to be made to some locations to make dumpster access safer and easier for elderly or handicapped citizens. Septage Lagoons: All septic system waste pumped in Accomack and Northampton Counties by Bundick Well & Pump and Boggs Water and Sewage is currently being disposed of in three anaerobic lagoons located in Accomack County. Anaerobic stabilization of biodegradable organisms is a slow process characterized by bad odors and the possibly of contamination to groundwater and nearby surface water. Concentration of bacterial organisms in these ponds is close to that found in primary sewage sludge. Contamination threats lie in potential breaching of the earthen berms that contain the septage and leaching of pollutants though the bottom of the lagoon into the groundwater system. Health Department records indicate that lagoon berms have been breached on occasion, allowing contents to discharge onto the ground surface and drain into nearby streams. There were no comprehensive septage disposal regulations in Virginia until 1982. Accomack County’s facilities were constructed prior to that time and consist of unlined ponds that are permitted for continued operation through “grandfathered” permits. The septage lagoons are regulated by the Virginia Department of Health, which will allow the facilities to continue operation as long as they do not threaten public health. The Health Department inspects the facilities quarterly and monitoring wells located around each of the septage lagoons are sampled annually for groundwater quality. As of 1997, water samples do not indicate any impact on groundwater quality. The Ground Water Management Plan recommends that groundwater flow direction be modelled to ensure that monitoring wells are capturing recharge from the lagoons. The three facilities are located in

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MEMORANDUM TO: Eastern Shore of Virginia Ground Water Committee FROM: Britt McMillan Principal Hydrogeologist Arcadis-Malcolm Pirnie DATE: April 17, 2018 SUBJECT:

April 17, 2018 Ground Water Consultant Report Technical/Regulatory/Educational Items

1. House Bill 211 Groundwater Withdrawal Permit Term; Lengthening to 15-years, Permit Fee: Delegate Wright introduced legislation to change the term of groundwater withdrawal permits from the current 10-year to a 15-year permit. This would make the permit limit consistent with surface water withdrawal permits. The legislation was amended to raise the permit fee from the current $6,000 to $9,000.

Status: Approved

2. House Bill 358 Groundwater Management; Subdivisions; Technical Evaluation: Delegate Bulova introduced legislation to require the developer of a new subdivision that has 30 or more lots served by private wells to apply for a technical evaluation from the DEQ prior to final subdivision plat approval. This requirement would not apply to subdivisions with private wells withdrawing from the surficial (Columbia) aquifer.

The Groundwater Committee had a number of questions regarding implementation of this regulation including: 1) what entity would be responsible for a mitigation plan; 2) does DEQ have potential liability in well failures if DEQ’s recommendations are followed and some supplies are inadequate; 3) what restrictions will be placed on individual homeowners. Status: Approved.

3. Senate Bill 520 Nonagricultural Irrigation Wells; prohibited outside surficial aquifer: Delegate Mason introduced legislation that would:

a. Require new irrigation wells for nonagricultural use to withdraw from the surficial (Columbia or water table) aquifer if there is adequate supply and quality and

b. Allow use of a General Permit for all irrigation withdrawals from the surficial aquifer that exceed 300,000 gallons in a month (i.e.; allows for a General Permit for withdrawals that require a permit if they withdraw from the surficial aquifer)

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Note that this bill proposed measures to encourage use of the surficial aquifer. Increasing use of the surficial aquifer, which is replenished at a far greater rate than the Yorktown-Eastover aquifer, would substantially increase the amount of water available for use on the Eastern Shore. Status: Senate defeated SB520 (Y=18; N=22; NV=1).

4. House Bill 885: Conventional or Alternative Onsite Sewage Systems; Authority of the Board of Health: Delegate Orrock introduced legislation that clarifies that the Board of health has supervision and control over the maintenance, inspection, and reuse of onsite sewage system.

Status: Continued to 2019 in Education and Health.

5. House Bill 887: Onsite Sewage Systems; Adjustment or Replacement of Sewer Lines, etc. is Considered Maintenance: Delegate Orrock introduced legislation providing that the adjustment or replacement of sewer lines (etc.) is considered maintenance and does not require a permit. Under current law, adjustment and replacement of such equipment requires a permit.

Status: Governor’s office submitted recommended changes to the bill to the House.

6. House Bill 888: Onsite Sewage Systems and Private Wells; VDH to Take Steps to Eliminate Evaluation and Design Services: Delegate Orrock introduced legislation requiring VDH eliminate evaluation and design services for onsite sewage systems and private wells.

• By July 1, 2018 the VDH will 1) accept private evaluations and designs for private wells; 2) cease providing onsite sewage system evaluations and design services that are not associated with a building permit or repair of a failing sewage system (hardship exceptions do not apply to these services); and 3) cease providing new construction evaluation and design services for an application that is not a principal place of residence (hardship exceptions do not apply to these services).

• By July 1, 2019 the VDH will 1) develop guidelines for VDH to serve as provider of last resort associated with building or repair of a sewage system for a principal place of residence; 2) require submission of a petition to VDH for VDH evaluation and design services for onsite sewage system or private well construction; and 3) require means testing for petition applicants.

Status: Governor’s office submitted recommended changes to the bill to the House.

7. Eastern Shore Materials Special Use Permit (Wagner Brothers Mine): Special use permit to expand the existing 10 acre borrow pit to 18 acres and reduce the 200-foot buffer to 100-feet. After excavation is complete the Application states that the “mine will be used for an irrigation pond at the end of its useful life”.

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8. Salt water response to groundwater withdrawals in the Cape Charles area: In response to questions at previous Committee meetings, additional information on changes in salt water (chloride) levels in response to groundwater use in the Cape Charles area is provided.

9. Groundwater level trends in response to groundwater use: In response to questions at previous Committee meetings, a more comprehensive review of groundwater level trends in response to groundwater use is provided. Focus is on characterizing four general areas 1) near industrial uses; 2) near agricultural uses; 3) near public water supplies; and 4) low use areas. The comparison will include water level trends in the Columbia and Yorktown-Eastover aquifers under normal and drought conditions. Water levels from representative areas across the Shore will be included (near the spine recharge area, bayside and seaside).

Other Items: None

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Eastern Shore of Virginia Ground Water Committee FY 2018 Consultant Progress Summary Task 1 - Committee Meetings (FY15 Goal = 10) % Completion 80% Task 2 – Technical Documentation No. Activity Month

1

Summarize findings from the Eastern Virginia Groundwater Management Advisory Committee. Included in the findings was the recommendation for regional planning efforts through EVGMA Planning District Commissions with specific reference to the Eastern Shore of Virginia Groundwater Committee as an example to be emulated.

Aug

2

Present information from USGS Circular: Understanding Nutrients in the Chesapeake Bay Watershed and Implications for Management and Restoration – The Eastern Shore The circular provided a synopsis of research completed on nutrient contribution to the Chesapeake Bay from the Eastern Shore along with target reductions in nutrient loading necessary to meet the TMDL requirements.

Aug

3 Presented the draft Groundwater Use Summary and discussed groundwater use trends over the past 8 years. Sep

4

Presented three-dimensional perspectives of the Eastern Shore Groundwater Resources using the Eastern Shore Model and well and water quality data from DEQ. The information ultimately will be developed into a short video to support understanding of the groundwater resources on the Eastern Shore

Sep

5

Discussed recent events that potentially conflict with the goal of increasing use from the more sustainable Columbia aquifer on the Eastern Shore. The Groundwater Committee requested preparation of informational materials, in the form of a two-page summary and presentation suitable for public meetings such as County Board of Supervisors. These informational materials would focus on the importance of the Columbia aquifer as part of the Columbia aquifer and Yorktown-Eastover aquifer Sole Source Aquifer System.

Sep

6

Attended the VDEQ Aquifer Science and Modeling Workshop. Information covered and discussed at the workshop included: 1) current understanding of the hydrogeologic framework for the Eastern Shore with a focus of paleochannels; 2) recalibration and sensitivity analysis for the Eastern Shore Model; and 3) modeled groundwater withdrawal impacts from current and permitted withdrawals on the Shore.

Oct

7 Presented limited water quality results from the domestic well sampling and discussed results in the context of the groundwater resource and domestic well construction considerations.

Nov

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8 Presented draft legislation under consideration by the General Assembly. Groundwater Committee moved to support Senate Bill 520, legislation that would encourage use of the more sustainable surficial (Columbia) aquifer.

Jan

9 DEQ reviewed the Groundwater Withdrawal regulatory requirements and how the regulations seek to preserve a sustainable groundwater supply for the Eastern Shore of Virginia.

Jan

10 DEQ reviewed status of the Poultry House groundwater withdrawal permitting efforts to date. Provided a summary of the Applications that have been submitted for Poultry House operations.

Jan

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Maintaining a Sustainable Groundwater Resource in the Multi-Aquifer Columbia – Yorktown-Eastover aquifer system: This presentation will 1) define sustainability in the context of the Eastern Shore aquifers; 2) identify factors that determine sustainability of the different aquifers; 2) limitations of the aquifers; 3) issues that have been experienced on the Eastern Shore; and 4) measures that can be taken to help maintain a sustainable supply

Feb

12

Presented: Columbia (Surficial) Aquifer as a Groundwater Resource on the Eastern Shore of Virginia. The presentation provided current information on our understating of the unconfined Columbia aquifer, sustainability, water quality characteristics, and vulnerabilities.

Mar

Task 3 - Groundwater Permit Review Applicant Permit Status Month Annual Amount (Gal) None Task 4 – Implement Committee Work Plan Activity Month(s) Outcome Present information on the Sole Source Aquifer; recent challenges for the Columbia aquifer; and maintaining the goal to promote sustainable use of the combined Columbia and Yorktown-Eastover aquifer systems.

August

A brief discussion on the dual-sole source aquifer system was initiated at the August meeting, however time limitations restricted the discussion.

Prepared and presented on maintaining a Sustainable Groundwater Resource in the Multi-Aquifer Columbia – Yorktown-Eastover aquifer system: This presentation 1) defined sustainability in the context of the Eastern Shore aquifers; 2) identified factors that determine sustainability of the different aquifers; 2) limitations of the aquifers; 3) issues that have been experienced on the Eastern Shore;

February

Presented to the groundwater committee followed by discussion with the Committee and public. Presentation is posted on the Groundwater Committee website for public access.

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and 4) measures that can be taken to help maintain a sustainable supply

Prepared and presented on Columbia (Surficial) Aquifer as a Groundwater Resource on the Eastern Shore of Virginia. The presentation provided current information on our understating of the unconfined Columbia aquifer, sustainability, water quality characteristics, and vulnerabilities.

March

Presented to the groundwater committee followed by discussion with the Committee and public. Presentation is posted on the Groundwater Committee website for public access.

Presented to the Accomack County Board of Supervisors the presentation on maintaining a Sustainable Groundwater Resource in the Multi-Aquifer Columbia – Yorktown-Eastover aquifer system.

March

Presented the groundwater sustainability presentation to the Accomack County Board of Supervisors.

Task 5 – Progress Reports % Completion 70%

eastern shore of virginia ground water committee · 5/15/2018 · the meeting of the eastern shore...

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