Cranston's Mill Pond Raw Water Supply November 30, 2016 Prepared for: Virginia Marine Resource Commission (VMRC) Habitat Management Division 2600 Washington Avenue, 3rd Floor Newport News , Virginia 23607-0756 Prepared By Partners: RS RESTORATION SYSTEMS I LLC November 30, 2016 Director Paylor, Commissioner Bull, and Other Involved Virginia Agencies: The Commonwealth has identified a need to develop water storage sites and diversify its water supply portfolio. Chesapeake Bay Nutrient Land Trust and Restoration Systems are private companies that are recognized in Virginia for finding innovative, market-based approaches to meeting environmental needs. These two companies formed a partnership in 2009 known as Cranston Mill Pond, LLC (CMP) focused on developing water resource-based projects in the Commonwealth of Virginia. With submittal of this Joint Permit Application CMP is seeking to become a partner to the Commonwealth in providing water storage and development of an innovative alternative solution to help address the Commonwealth’s significant water supply challenges in the Eastern Virginia Groundwater Management Area. It is widely accepted, especially in the Eastern portion of the Commonwealth, that innovative, alternative sources of water supply are needed to reduce the amount of water currently withdrawn from groundwater sources, provide adequate additional water for future population and economic growth, and diversify water resource assets. We have participated in various aspects of the Eastern Virginia Groundwater Management Advisory Committee’s efforts and have heard repeatedly from localities and industry representatives that their options for alternative sources of water are limited. It is clear, not only from more than a decade of regional water supply planning as required by state law and regulation, but also from very recent deliberations of the statutorily-required Advisory Committee, that to meet future water needs for public consumption and economic development, the citizens of the Commonwealth need additional sources of water that don’t rely on deep groundwater aquifers and we must use the available water as efficiently as possible. Cranston’s Mill Pond, a 50+ acre impoundment located in James City County, was constructed in 2011 and permitted by all necessary state and federal agencies to both meet current Dam Safety Regulations and to allow the additional capture of water quality. Therefore, there is no lengthy (potentially multiple-years long) construction period required for this water supply. Cranston’s Mill Pond presents an immediately available alternative to assist in meeting both the near-term groundwater reduction requirements for individual users and being a component of the solution for the long-term water supply demands for individual users and the region as a whole. Since the current release from the pond flows directly to tidal waters, any anticipated downstream impacts to flow, water quality, or existing beneficial uses would be negligible. Our partnership has invested significant resources to support data collection and analysis efforts and contracted with third party engineering experts to generate necessary information that will assist the state agencies with their review of our proposal. We will provide whatever additional information is needed to expedite the review of the proposal. Preliminary discussions with, and water yield analysis performed by, DEQ Staff have concluded that Cranston’s Mill Pond could be a viable alternative source to a public water supply and presents a potentially feasible asset towards building a diverse water portfolio. Cranston’s Mill Pond Raw Water Supply Joint Permit Application _________________________________ TABLE OF CONTENTS CMP JPA Master Page Number: 1) Cover Letter to Virginia Agencies (Active Page Link) 2) Joint Permit Application 1 – 33 3) Attachments Project Description, Purposes, and Alternatives Attachment 1 34 - 36 Permits Obtained for Nutrient Credit Facility and Dam Construction Attachment 2 37 - 80 Cranston’s Mill Pond Adjacent Property Owners Attachment 3 81 - 83 Department of Historic Resources – Detailed Archives Search Attachment 4 84 - 90 Cranston’s Mill Pond Declaration of Covenants Attachment 5 91 - 98 Structural Dimensions of Existing Earthen Dam and Concrete Spillway Attachment 6 99 - 102 DEQ Modeling Summary: Cranston’s Mill Pond Attachment 7 103 - 113 14-Month Record of On-Site Data Collection of Spillway Flows Attachment 8 114 - 124 Cranston’s Mill Pond Dam and Spillway Location Attachment 9 125 - 126 Release Valve Schematics and Staged-Storage Volumes Attachment 10 127 - 131 Proposed Project Use and Need Attachment 11 132 - 135 Proposed Withdrawals, Calculations and Justifications Attachment 12 136 - 138 Email Correspondence Between Jeff Corbin and Matthew Link Attachment 13 139 - 144 Cranston’s Mill Pond Surface Water Balance Evaluation Attachment 14 145 - 165 Cranston’s Mill Pond – Dam, Spillway and Pond Photos Attachment 15 166 - 171 STANDARD JOINT PERMIT APPLICATION United States Army Corps of Engineers (USACE) - Norfolk District 803 Front Street, ATTN: CENAO-WR-R Virginia Marine Resources Commission (VMRC) Habitat Management Division Norfolk, Virginia 23510-1096 rd Phone: (757) 201-7652, Fax: (757) 201-7678 2600 Washington Avenue, 3 Floor Website: http://www.nao.usace.army.mil/Missions/Regulatory.aspx Newport News, Virginia 23607-0756 Phone: (757) 247-2200, Fax: (757) 247-8062 Website: http://www.mrc.virginia.gov/hmac/hmoverview.shtm Virginia Department of Environmental Quality (DEQ) Virginia Water Protection Program Post Office Box 1105 Richmond, Virginia 23218 Phone: (804) 698-4000, Fax: (804) 698-4000 Websites: http://www.deq.virginia.gov/ http://www.deq.virginia.gov/Locations.aspx The following instructions and information are designed to assist you in applying for permits from Federal, State, and Local regulatory agencies for work in waters and/or wetlands within the Commonwealth of Virginia. The intent is to provide general information on the permit process, not to act as a complete legal and technical reference. JOINT PERMIT APPLICATION PROCESS The Joint Permit Application (JPA) process and Standard JPA form are used by the United States Army Corps of Engineers (USACE), the Virginia Marine Resources Commission (VMRC), the Virginia Department of Environmental Quality (DEQ), and the Local Wetlands Boards (LWB) for permitting purposes involving water, wetlands, and dune/beach resources, including, but not limited to, major water supply and water withdrawals projects (as defined in DEQ Regulation 9 VAC 25-210). The Tidewater Joint Permit Application form may be used for most commercial and noncommercial projects in tidal waters, tidal wetlands, and coastal primary sand dunes and beaches in Virginia that require the review and/or authorization by local wetlands boards, the Virginia Marine Resources Commission, the Department of Environmental Quality, and/or the U. S. Army Corps of Engineers. The Tidewater JPA may be downloaded from the same web page on which the Standard JPA is located: http://www.nao.usace.army.mil/Missions/Regulatory/JPA.aspx . If using the Tidewater JPA, follow the instructions provided with that form. Note that the Tidewater JPA form is not intended for noncommercial, riparian shellfish aquaculture projects (i.e., “oyster gardening”); the form for these types of projects may be obtained from http://www.mrc.virginia.gov/forms/abbrjpa.pdf or from the VMRC office. The Standard JPA should not be used for minor water supply or water withdrawal projects, defined in DEQ Regulation 9 VAC 25-210 as a surface water withdrawal of less than 90 million gallons per month (mgm), unless filling or flooding of wetlands and streams occurs or if alteration of stream flow occurs. The application form for minor water supply or water withdrawals can be obtained from DEQ’s web site. In the case where fill, flooding, or alteration of flow occurs, please use the Standard JPA. Please note that some health departments and local agencies, such as local building officials and erosion and sediment control authorities, do not use the Joint Permit Application process or forms and may have different informational requirements. The applicant is responsible for contacting these agencies for information regarding those permitting requirements. REGULATORY AUTHORITIES OF PARTICIPATING AGENCIES: The USACE regulates activities in waters of the United States, including wetlands, under Section 404 of the Clean Water Act (33 U.S.C. §1344), Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403), and Section 103 of the Marine Protection Research and Sanctuaries Act of 1972 (33 U.S.C. §1413). The VMRC regulates activities on State-owned submerged lands, tidal wetlands, and dunes/beaches under Code of Virginia Title 28.2, Chapters 12, 13, and 14. The DEQ regulates activities in state waters and wetlands under Section 401 of the Clean Water Act (33 U.S.C. §1341), under State Water Control Law (Code of Virginia Title 62.1), and Virginia Administrative Code Regulations 9VAC25-210 et seq., 9VAC25-660 et seq., 9VAC25-670 et seq., 9VAC25-680 et seq., and 9VAC25-690 et seq. The LWBs regulate activities in tidal wetlands and dunes/beaches under Code of Virginia Title 28.2, Chapters 13 and 14. LOCAL WETLANDS BOARD CONTACT INFORMATION: Links to LWB information on the Web can be found at http://ccrm.vims.edu/permits_web/guidance/local_wetlands_boards.html. 1 Revised: December 2013 CMP JPA Master Page Number: 001 USACE FIELD OFFICE INFORMATION