The Virginia Department of Environmental Quality has suspended all actions related to Caroline County’s request to construct a water intake facility and withdraw nearly 14 million gallons a day from the Rappahannock River.
Eric Seavey, manager of the Office of Water Withdrawal Permitting for the DEQ, sent a letter to Caroline Director of Public Utilities Joseph Schiebel on Oct. 25 requesting that the county provide a report within 60 days addressing several concerns raised during a public hearing that concluded Oct. 11.
Cory Garrett, the fifth-generation farmer, who had 11 acres of his land condemned by the county with the goal of building the water intake facility, is hopeful the suspension of the permit process will lead to a reversal of the eminent domain used by the county to take a portion of his land.
Garrett’s attorney filed a motion in late August requesting that a Caroline County Circuit Court judge invalidate the certificate of take used to acquire the property.
“Based on DEQ’s suspension of all action on the permit, the Garretts are hopeful that the county will now do the right thing and return their property to them, as it is clear that the county does not have the approvals it needs to undertake the speculative project for which it prematurely condemned the Garretts’ property,” his attorney Joshua Baker said.
The DEQ received letters from Del. Richard Stuart (R-Westmoreland) and Del. Hilary Pugh Kent (R-Richmond County) expressing concern about the project during the public hearing.
DEQ Director Michael Rolband responded to Stuart and Kent advising them of the next steps in the process. Prior to the public hearing, the DEQ had tentatively decided to issue the permit. Rolband said the next public hearing has yet to be scheduled. County officials declined to comment on the suspension of the permit process.
“The questions posed in your letter require additional information and modeling to answer,’ Rolband wrote to Stuart and Kent. “DEQ has submitted an information request to the applicant … Upon review of the information submitted, DEQ will determine if any changes to the draft permit are required and recommence action to approve or deny the draft permit.”
Seavey asked Schiebel and county staff to clarify six concerns – three in relation to the intake on the Rappahannock and the same three questions related to discharges at Polecat Creek and the Mattaponi River.
Seavey asked Schiebel for information regarding the maximum acceptable change in salinity that would not affect downstream beneficial uses including agricultural uses, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation and cultural and aesthetic values.
Seavey also requested an updated model showing the maximum withdrawal volume that does not result in exceeding the acceptable level of salinity change and incorporation of climate change scenarios and the degree to which those scenarios would impact maximum withdrawal volume.
“The public hearing process will be suspended until after receipt and review of the above information,” Seavey wrote. “The department will then incorporate appropriate changes to the draft permit and, if necessary, require readvertisement of the updated draft permit for public comment.”
