VASWCD Update

Notes from DEQ’s Water Planning & Permitting Divisions

Office of Ecology (Contact John Kennedy, )

  • Continued support of and from the SWCDs needed for the Chesapeake Bay TMDL’s implementation effort and development of the Phase III Watershed Implementation Plan

Office of Water Supply (Contact Scott Kudlas, )

  • Water Withdrawal Reporting Regulation: DEQ appreciates the assistance of the VASWCD and Districts as we continue to register farms to report water withdrawals.Withdrawal reports are due by January 31 each calendar year for the previous year’s withdrawals. Reporting for previously unreported years is appreciated. Contacts for withdrawal reporting are Tammy Stephenson, (540) 562-6828, or Sara Jordan, (540) 574-7901,
  • Potomac River Basin-Wide Comprehensive Water Resources Plan: The Interstate Commission on the Potomac River Basin (ICPRB) is developing a water resources plan for the entire Potomac basin which stretches across parts of four states (Maryland, Pennsylvania, Virginia and West Virginia) as well as the District of Columbia. Stakeholder participation is essential for the successful development and implementation of the plan. ICPRB has established an advisory committee, comprised of about two dozen diverse stakeholders representing various interests and geographic regions.The advisory committee will be reviewing a complete draft of the basin-wide plan in February 2018. In addition to the advisory committee, the ICPRB maintains a "Keep Informed" list that will have opportunity to comment on the plan and receive updates about the Potomac Comprehensive Plan process. To join the effort, contact at ICPRB and request to be added to the “Keep Informed” list for the basin-wide plan.
  • The Groundwater Withdrawal Regulations (9 VAC 25-610-10 et seq.) require withdrawals of 300,000 gallons or more in a month of groundwater in a groundwater management area to be permitted.In 2017,DEQ implemented a Compliance Assistance Framework to increase awareness of regulatory requirements and the permitting process, and to increase awareness of the requirement for unpermitted groundwater users to come forward. This mechanism has been successful in the past. This initiative applied to all unpermitted groundwater users in the Eastern Virginia and Eastern Shore Groundwater Management Areas and provided a limited time period for unpermitted users to apply for permits and receive compliance assistance.DEQ received 37 applications from unpermitted users and will begin processing those permits throughout 2018. Warning letters have been sent to those who may require permits but have not yet applied or otherwise demonstrated that a permit is not required. Contacts for the Groundwater Withdrawal Permitting Program are Drew Hammond, 804-698-4101, or Ryan Green, 804-698-4258,
  • Surface Water Permitting (VWP):DEQ regulates surface water withdrawals statewide through the Virginia Water Protection (VWP) (9 VAC 25-210-10 et seq.) permitting program. Efforts to increase awareness about permitting requirements for surface water users continued through 2017, with increasing participation in the program for irrigation and other agriculture related surface water withdrawals. DEQ appreciates the ongoing work Soil and Water Conservation Districts do in directing surface water users with permitting concerns to our staff, as well as the general assistance provided by local districts in spreading awareness regarding water withdrawal permitting in their communities. Contacts for the Surface Water Withdrawal Permitting Program are are Drew Hammond, 804-698-4101, or Ryan Green, 804-698-4258,

Office of Watershed Programs (Contact Kelly Meadows, )

  • DEQ’s Office of Watershed Programs frequently works with the Districts, primarily through non-point source pollution efforts.
  • In implementing the Clean Water Act Section 319(h) Nonpoint Source and Water Quality Improvement Fund (WQIF) programs, typically via grants and partnerships with the Districts, DEQ relies heavily on the efforts of the Districts at the local level to recruit landowners, oversee the installation of agricultural and residential septic BMPs, manage the reimbursement and financial elements, and to track and submit BMP data to ensure that reductions are properly credited.
  • DEQ appreciates the Districts’ support and participation during annual partners meetings, development of TMDLs and TMDL Implementation Plans, stakeholder groups, public meetings, etc.
  • DEQ recently released a Request for Applications (deadline updated to 3/9/2018) seeking projects beginning in late 2018.
  • DEQ is working to provide additional training for both DEQ and District staff on NPS program activities.

Office of Land Application Programs (Contact Neil Zahradka, )

DEQ’s Office of Land Application Programs coordinates regulatory programs that affect a number of the farmers with which the Districts interact. Recent activity includes:

  • The Joint Legislative Audit and Review Commission (JLARC) published their final report on Land Application of Biosolids and Industrial Residuals on October 10, 2017. JLARC found that the risk of land application of these materials is low under current regulation, and Virginia’s regulatory compliance program is effective. The commission did recommended that the General Assembly appropriate funding for the Virginia Department of Health (VDH) to conduct a pilot epidemiological study of whether land application of biosolids could cause human health problems and test Virginia biosolids for certain viruses. They also recommended that VDH assess whether regulations should be modified to reduce risks of infection for residents living near land application sites (a) when aerosolization of pathogens is more likely and (b) where applications are made more frequently. The report can be accessed through JLARC’s webpage at:
  • DEQ issued a permit to allow distribution and marketing of Class A cake biosolids produced at DC Water’s Blue Plains waste water treatment facility on February 2, 2018. This permit has an abbreviated two-year permit term to pilot the statewide distribution and marketing of these Exceptional Quality cake biosolids to sites that are not covered by Class B permits. DC Water has obtainedVirginia Department of Agriculture and Consumer Services registration for the unblended product as a specialty fertilizer and registration for blended products as soil amendments. Land application of the bulk, unblended material requires implementation of a nutrient management plan, but does not require individual permitting and associated public notice of land application sites as is the case for Class B material. A copy of the permit and fact sheet are available on DEQ’s webpage at:
  • The first Virginia Pollutant Discharge Elimination System (VPDES) permits for Concentrated Animal Feeding Operations (CAFOs) for poultry farms are being processed for three (3) existing farms on the Eastern Shore of Virginia in Accomack County. These farms had been subject to administrative orders by EPA to apply for VPDES CAFO permits because of the way stormwater was managed on their farms. Virginia issued the first VPDES CAFO permits in 2016 to several Murphy-Brown swine farms in southeast Virginia at the request of Murphy-Brown, in those cases to manage secondary containment structures for storm water. A public hearing on the poultry permits was held in Accomack on January 27, 2018, and the State Water Control Board will make a permitting decision during their next scheduled meeting on April 12, 2018.

Office of Stormwater Management (Contact Jaime Robb, )

  • A regulatory amendment of the Construction Stormwater General Permit is currently underway. The current general permit will expire on June 30, 2019. DEQ has formed a technical advisory committee to review the general permit regulation and provide input on needed revisions. DEQ expects to propose an amended regulation to the State Water Control Board at the fall 2018 meeting. The current general permit will expire on June 30, 2019.
  • On December 1, 2017, DEQ regionalized thestormwater and erosion and sediment control plan review process. Plans for stormwater and erosion and sediment control plan review should be sent directly to the appropriate DEQ regional office instead of DEQ’s Central Office. Plansnormally sent to a locality for review will still be sent to that locality.

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