virginia state corporation commission efiling case ...€¦ · convenience and necessity:...

Virginia State Corporation Commission eFiling CASE Document Cover Sheet (•Q

Case Number (if already assigned) PUR-2018-00075

Case Name (if known) Chesterfield-Hopewell #211 and #228 230 kV Transmission Line Partial Rebuild

•s

Document Type RPNS

Document Description Summary Commonwealth of Virginia's response to PUR 2018-00075 Chesterfield Hopewell Transmission Line Partial Rebuild.

Total Number of Pages

Submission ID

eFiling Date Stamp

61

14920

8/7/2018 10:41:10AM

C9 H

©

COMMONWEALTH of VIRGINIA y o

Matthew J. Strichicr Secretary ofNaturel Resources

DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 1111 East Main Street, Suite 1400, Richmond, VA 23219

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 www.deq.virginia.gov

David K. Paylor Director

(804) 698-4000 1-800-592-5482

August 7, 2018

Mr. Joel H. Peck, Clerk Document Control Center State Corporation Commission 1300 E. Main Street, Tyler Bldg., 1st Floor Richmond, Virginia 23219

RE: Application of Virginia Electric and Power Company for a Certificate of Public Convenience and Necessity: Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild, Case No. PUR-2018-00075, Application No. 285 (reviewed under DEQ #18-089S).

Dear Mr. Peck:

As requested in Mr. William Harrison's May 21, 2018 letter, the Department of Environmental Quality (DEQ) has coordinated the review of the above-referenced application, focusing on the DEQ supplement included with the application. The purpose of the review is to develop information for State Corporation Commission (SCC) staff about potential impacts to natural and cultural resources associated with the proposed project. Based on comments submitted by reviewers, we are providing a summary of potential impacts to these resources from construction and operation of the electric transmission line rebuild, as well as recommendations for minimizing those impacts and for compliance with applicable legal requirements. This report includes copies of the comments submitted by reviewers.

Thank you for the opportunity to review the application for SCC application. We trust that you will find our report helpful in your review process. If you have any questions, please feel free to call me at (804) 698-4204 or Janine Howard at (804) 698-4299.

Bettina Rayfield, PrograrrrManager Environmental Impact Review

Joel H. Peck DEQ #18-0893 PUR-2018-00075 Page 2

& &

ec: William Harrison, SCC David J. DePippo, Dominion Robbie Rhur, DCR Amy Ewing, DGIF Roger Kirchen, DHR Arlene Fields Warren, VDH Mark Eversole, VMRC James Cromwell, VDOT Rusty Harrington, DOAV Martha Little, Virginia Outdoors Foundation Weedon Cloe, Chesterfield County Scott Flanigan, Chesterfield County John Altman, City of Hopewell Mark Bittner, Crater Planning District Commission Sarah Stewart, Richmond Regional Planning District Commission

Matthew J. Strickler SecretHiy of Natural Resources

COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

Street address: 1111 East Main Street, Suite 1400, Richmond, YA 23219 Mailing address: P.O. Box 1105, Richmond, Virginia 23218

www.dcq.virginia.gov David K. Payior

Director

(804)698-4000 1-800-592-5482

COMMENTS OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY concerning the Application of Virginia Electric and Power Company (Dominion) for a Certificate of Public Convenience and Necessity: Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild, Case No. PUR-2018-00075, Application No. 285 (reviewed under DEQ #18-0898).

p m © m Hi a u m

The following comments are intended to provide technical assistance to the State Corporation Commission (SCC) in evaluating the project. The following agencies joined in this review:

Department of Environmental Quality (DEQ) Department of Conservation and Recreation (DCR) Department of Game and Inland Fisheries (DGIF) Department of Health (VDH) Department of Historic Resources (DHR) Marine Resources Commission (MRC) Department of Transportation (VDOT) Department of Aviation (DOAV) Virginia Outdoors Foundation (VOF) Richmond Regional Planning District Commission (PDC)

The Department of Agriculture and Consumer Services, Chesterfield County, the City of Hopewell, and the Crater PDC were also invited to comment.

The information considered in this review includes Dominion's Chesterfield-Hopewell Lines #21 land #228 230kV Transmission Line Partial Rebuild, Application No. 285, Case No. PUR-2018-00075, focusing on the information in the DEQ Supplement.

Joel H. Peck DEO #18-0893 m PUR-2018-00075

m PROJECT DESCRIPTION p

o Dominion has submitted an application to the SCC for a Certificate of Public ^ Convenience and Necessity to conduct a partial rebuild of two existing 230 kilovolt (kV) ® Lines #211 and #228 transmission lines located in Chesterfield County and the City of Hopewell, Virginia. The purpose of the project is to comply with mandatory North American Electric Reliability Corporation Reliability Standards by increasing transmission capacity and replacing aging infrastructure. The project proposes to (i) rebuild, entirely within the existing variable width right-of-way (ROW), an approximately 8.2-mile section of the existing 11-mile Lines #211 and 228 which run between the existing Chesterfield Substation to the Hopewell Substation; (ii) rebuild two structures on these lines, near the Chesterfield Substation on company-owned property; and (iii) make minor equipment replacements at both the Chesterfield and Hopewell substations. The two structures to be rebuilt near Chesterfield Substation are Structures #2 and #3, currently weathering steel lattice towers, to be replaced with two 230 kV double-circuit weathering steel two-pole double deadend angle structures. From Structure #19 Junction to Hopewell Substation, 46 230 kV weathering steel lattice towers and one double circuit 230 kV weathering steel pole (Structure #29) supporting Lines #211 and #228 will be replaced with 33 230 kV double circuit weathering steel poles for the tangent suspension structures and 14 230 kV double circuit weathering steel two-pole double deadend structures for the line angles. The ROW for the corridor is comprised of 4.2 miles within Chesterfield County, 0.4-mile within Prince George County, and 3.6 miles within the City of Hopewell. The ROW has been in continuous use since 1969. The corridor is primarily located in urban residential areas with some open space areas. The SCC asked DEQ to conduct a coordinated review of the environmental report (DEQ Supplement) associated with the application.

LIST OF PERMITS OR APPROVALS

The following permits and approvals are likely to be necessary as prerequisites to project construction. The details of these requirements appear in the "Regulatory and Coordination Needs" section of these comments.

1. Water Permits (see "Regulatory and Coordination Needs", item 1, page 27).

a. Section 404 permit (e.g. Nationwide Permit 12, if appropriate). Required pursuant to the federal Clean Water Act and issued by the U.S. Army Corps of Engineers for impacts to jurisdictional wetlands and/or waters of the United States.

b. Virginia Water Protection Permit (9VAC25-210 et seq.). Issued by the Department of Environmental Quality (DEQ) for impacts to waters and jurisdictional wetlands, including isolated wetlands.

2. Subaqueous Lands Management (see "Regulatory and Coordination Needs", Item 5, page 28).

2

Joel H. Peck DEQ #18-0895 PUR-2018-00075

m © m t* m y m

a. Subaqueous Lands Permit pursuant to Section 28.2-1204 of the Code of Virginia. Issued by the Virginia Marine Resources Commission for encroachments in, on or over state-owned subaqueous beds.

3. Erosion and Sediment Control and Stormwater Management Plans (see "Regulatory and Coordination Needs," Item 2, page 27).

a. General erosion and sediment control specifications pursuant to Virginia Code § 62.1-44.15:55. General erosion and sediment control specifications are subject to annual approval by DEQ.

b. Erosion and Sediment Control Plans for construction of facilities not covered under Virginia Code § 62.1-44.15:55 are subject to approval by the appropriate plan approving authority.

4. Stormwater Management Program Permit (see "Regulatory and Coordination Needs," Item 3, page 27).

a. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activities (VAR10) (9VAC25-880-70 et seq.) involving land disturbance of 1 acre or more. Coverage under this general permit is approved by the local VSMP authority.

5. Air Quality Permits or Approvals (see "Regulatory and Coordination Needs," Item 4, pages 27-28).

a. Open Burning Permit (9VAC5-130 et seq.). For open burning involving demolition debris.

b. Fugitive dust emissions (9VAC5-50-60 etseq.). Governs abatement of visible emissions.

c. Fuel-burning equipment (9VAC5-80, Article 6, Permits for New and Modified Sources). Governs the installation of fuel-burning equipment (boilers, generators, compressors, etc.) or any other air pollution emitting equipment.

6. Solid and Hazardous Waste Management (see "Regulatory and Coordination Needs," Item 6, page 28).

a. Applicable state laws and regulations include: • Virginia Waste Management Act (Code of Virginia Section 10.1-1400 et

seq.); • Virginia Hazardous Waste Management Regulations (VHWMR) (9VAC20-

60); • Virginia Solid Waste Management Regulations (VSWMR) (9VAC20-81);

and • Virginia Regulations for the Transportation of Hazardous Materials

(9VAC20-110).

b. Applicable Federal laws and regulations include:

3


• Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Section 6901 et seq., and the applicable regulations contained in Title 40 of the Code of Federal Regulations; and

• U.S. Department of Transportation Rules for Transportation of Hazardous materials (49 CFR Part 107).

7. Historic and Archaeological Resources (see "Regulatory and Coordination Needs," Item 8, page 29).

a. Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulation 36 CFR 800 requires that federally licensed and permitted projects consider its effects on properties that are listed or eligible for listing on the National Register of Historic Places. Section 106 applies if there is federal involvement such as the issuance of a Section 404 Clean Water Act permit, including Nationwide Permits. The applicability of Section 106 to the entire project or any portion thereof must be determined by the responsible federal agency.

8. Virginia Department of Transportation (VDOT) Right-of-Way Permit (see "Regulatory and Coordination Needs," Item 9, page 29).

a. The General Rules and Regulations of the Commonwealth Transportation Board (24VAC30-151) are adopted pursuant to the authority of § 33.1-12 of the Code of Virginia. These rules and regulations provide that no work of any nature shall be performed on any real property under the ownership, control or jurisdiction of VDOT until written permission has been obtained from VDOT.

9. Aviation (see "Regulatory and Coordination Needs," Item 10, page 29).

a. Form 7460-1 should be submitted to the Federal Aviation Administration if a proposed development is 200 feet above ground level or within 20,000 linear feet of a public use airport pursuant to Title 14 CFR Part 77 or if the development involves any construction or alteration at any height greater than the imaginary surfaces identified in the Federal Air Regulations Part 77.

10. Protected Species Legislation (see "Regulatory and Coordination Needs," Item 11, page 29).

a. The Federal Endangered Species Act and Virginia protected species legislation may apply if there is any taking of protected species. The applicant must comply with the Federal Endangered Species Act (16 U.S.C. sections 1531 et seq.), Virginia protected species legislation (Virginia Code §29.1-563 et seq.), and the Virginia Endangered Plant and Insect Species Act of 1979 as amended (Chapter 39 of Virginia Code Section 3.1-1020 through 1030).

4


11. Open Space Land (see Regulatory and Coordination Needs," Item 13, page 29). ®

a. Virginia Code §10.1-1704 addresses the conversion and diversion of property from open space land use and associated requirements.

12. Chesapeake Bay Preservation Act Compliance (see "Regulatory and Coordination Needs," Item 15, page 29).

a. The project must satisfy the applicable requirements of the Chesapeake Bay Preservation Act (Virginia Code §62.1-44.15:67 - 62.1-44.15:78) and Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations).

©

5


SUMMARY OF FINDINGS AND RECOMMENDATIONS

Based on the information and analysis submitted by reviewing agencies, we have several recommendations for consideration by the SCC in its deliberations on the approval and certification of electric transmission facilities. These recommendations are in addition to requirements of federal, state or local law or regulations listed above. The rationale for these recommendations is discussed in the remainder of these comments, specifically in the Environmental Impacts and Mitigation section.

A summary of recommendations follows:

• Conduct an on-site delineation of all wetlands and stream crossings within the project area with verification by the U.S. Army Corps of Engineers, using accepted methods and procedures, and follow DEQ's recommendations to avoid and minimize impacts to wetlands and streams (Environmental Impacts and Mitigation, Item 1(c), pages 9-11).

• Follow DEQ's recommendations regarding erosion and sediment control and stormwater management, as applicable (Environmental Impacts and Mitigation. Item 3(c), page 13).

• Follow DEQ's recommendations regarding air quality protection, as applicable (Environmental Impacts and Mitigation. Item 4(d), page 15).

• Reduce solid waste at the source, reuse it and recycle it to the maximum extent practicable, as applicable (Environmental Impacts and Mitigation. Item 5(c), page 16).

• Coordinate with the Department of Conservation and Recreation's (DCR) Division of Natural Heritage for updates to the Biotics Data System database if six months have passed before the project is implemented or if the scope of work changes. Additionally coordinate with DCR DNH further if any work is proposed in the marshes at the Appomattox River near the Point of Rocks area (Environmental Impacts and Mitigation. Item 6(e), page 18).

• Coordinate with the Department of Game and Inland Fisheries (DGIF) regarding its recommendations to protect terrestrial and aquatic wildlife (Environmental Impacts and Mitigation. Item 7(c), pages 19-20).

• Coordinate with the Department of Historic Resources regarding the recommended architectural and archaeological surveys (Environmental Impacts and Mitigation. Item 8(c), page 21)

• Coordinate with the Department of Aviation regarding the recommendation to coordinate with Richmond International Airport and the Richmond Executive-Chesterfield County Airport to mitigate potential airspace hazards or impacts that

Joel H. Peck M DEQ #18-0898 PUR-2018-00075 ^

may affect future development (Environmental Impacts and Mitigation, Item 10(d), page 22) £

M Coordinate with the Department of Health (VDH) regarding its recommendations to protect public drinking water sources and water utility infrastructure (Environmental Impacts and Mitigation, Item 11(c), page 23).

• Coordinate with the Virginia Outdoors Foundation (VOF) if the project area changes or the project does not start for 24 months (Environmental Impacts and Mitigation. Item 12(c), page 23).

• Follow the principles and practices of pollution prevention to the maximum extent practicable (Environmental Impacts and Mitigation. Item 13, pages 23-24).

• Coordinate with DCR Division of Planning and Recreational Resources regarding minimizing the visual impacts of river crossings and the utilization of native plant material for land stabilization (Environmental Impacts and Mitigation. Item 14(c), page 24).

• Limit the use of pesticides and herbicides to the extent practicable (Environmental Impacts and Mitigation. Item 15, page 25).

7

Joel H. Peck DEC #18-0895 PUR-2018-00075

ENVIRONMENTAL IMPACTS AND MITIGATION

No tidal wetlands are associated with the project.

m

&

m

H 1. Water Quality and Wetlands. The DEQ Supplement (page 2) states that the rebuild project is located within the Lower James River and the Appomattox watersheds. Three named perennial streams will be crossed by the project: the Appomattox River, Cabin Creek, and Cattail Creek. Any necessary clearing to be performed in proximity of the streams will be performed by hand within 100-feet of the banks and vegetation less than three inches in diameter will be left undisturbed.

Wetlands and jurisdictional waters have been delineated within the project corridor. The jurisdictional resources include palustrine emergent wetlands (18.91 acres), palustrine scrub-shrub wetlands (0.94-acre), open water (0.15-acre), jurisdictional ditches (112 linear feet), streams (3,717 linear feet), and the Appomattox River (160 linear feet). Prior to construction all required permits will be obtained (page 3).

1(a) Agency Jurisdiction. The State Water Control Board promulgates Virginia's water regulations covering a variety of permits to include the Virginia Pollutant Discharge Elimination System Permit regulating point source discharges to surface waters, Virginia Pollution Abatement Permit regulating sewage sludge, storage and land application of biosolids, industrial wastes (sludge and wastewater), municipal wastewater, and animal wastes, the Surface and Groundwater Withdrawal Permit, and the Virginia Water Protection (VWP1 Permit regulating impacts to streams, wetlands, and other surface waters. The VWP permit is a state permit which governs wetlands, surface water, and surface water withdrawals and impoundments. It also serves as §401 certification of the federal Clean Water Act §404 permits for dredge and fill activities in waters of the U.S. The VWP Permit Program is under the Office of Wetlands and Stream Protection (OWSP), within the DEQ Division of Water Permitting. In addition to central office staff that review and issue VWP permits for transportation and water withdrawal projects, the six DEQ regional offices perform permit application reviews and issue permits for the covered activities:

• Clean Water Act, §401; • Section 404(b)(i) Guidelines Mitigation Memorandum of Agreement (2/90); • State Water Control Law, Virginia Code section 62.1-44.15:20 et seg.; and • State Water Control Regulations, 9 VAC 25-210-10.

1(b) Agency Findings. The DEQ OWSP completed a wetland impact consultation for the proposed project on June 15, 2018. OWSP noted based on a review of the submitted wetland desktop report, both wetland areas, and stream corridors were identified within the existing transmission line alignment. Dominion delineated wetlands and other Waters of the U.S. within the corridor and submitted the results to the U.S. Army Corps of Engineers (Corps) in March 2018 for confirmation.

8


Total jurisdictional resources within the proposed Rebuild Project ROW are shown below in Table 1:

Resource Palustrine emergent wetlands Palustrine scrub-shrub wetlands Open Water Jurisdictional ditches Streams Appomattox River

Acreage (+/-)

18.91

0.94

0.15

0.1

0.55 3.59

K1

Table 1. Jurisdictional Resources within Rebuild Project ROW

Prior to construction the company will obtain any necessary permit for impacts to jurisdictional resources. The DEQ Piedmont Regional Office (PRO) will make the final permitting decision during the Joint Permit Application (JPA) review process.

The DEQ PRO notes that the section of the Appomattox River the proposed power line will cross is impaired for fish consumption use due to polychlorinated biphenyls (PCBs) in fish tissue. Aquatic life use is not supported due to low amounts of submerged aquatic vegetation. Recreation use is not supported due to E.coli violations.

1(c) Agency Recommendations. DEQ OWSP recommends that structures should be sited to avoid wetlands to the extent practicable and should be sited outside of stream channels. Timbering debris should not be placed in wetlands or streams. Wetland and stream avoidance and minimization efforts can be achieved during project construction by: (1) spanning wetlands and streams, (2) maintaining 100-foot buffers along either side of streams, (3) placing support structure foundations outside of wetlands and streambeds, and (4) using removable mats in wetland areas to reduce compaction and rutting.

In addition, DEQ has the following recommendations:

• Prior to commencing project work, all wetlands and streams within the project corridor should be field delineated and verified by the Corps, using accepted methods and procedures.

• Towers should be placed to avoid wetlands, wherever possible. To the extent where any footings must be installed in wetlands, each footing should occupy the minimum space necessary. When excavation for a structure is necessary in a wetland, excess spoil should not be disposed of in adjacent wetland areas unless authorized by a state or federal wetland permit.

• If the scope of the project changes, additional review will be necessary by DEQ OWSP.

9


• At a minimum, compensation for impacts to State Waters, if necessary, should be in accordance with all applicable state wetland regulations and wetland permit requirements, including the compensation for permanent conversion of forested wetlands to emergent wetlands.

• Any temporary impacts to surface waters associated with this project should require restoration to pre-existing conditions.

• No activity may substantially disrupt the movement of aquatic life indigenous to the water body, including those species, which normally migrate through the area, unless the primary purpose of the activity is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. No activity may cause more than minimal adverse effect on navigation. Furthermore the activity must not impede the passage of normal or expected high flows and the structure or discharge must withstand expected high flows.

• Erosion and sedimentation controls should be designed in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. These controls should be placed prior to clearing and grading and maintained in good working order to minimize impacts to state waters. These controls should remain in place until the area is stabilized and should then be removed. Any exposed slopes and stream banks should be stabilized immediately upon completion of work in each permitted area. All denuded areas should be properly stabilized in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992.

• No machinery may enter surface waters, unless authorized by a VWP permit. • Heavy equipment in temporarily impacted surface waters should be placed on

mats, geotextile fabric, or other suitable material, to minimize soil disturbance to the maximum extent practicable. Equipment and materials should be removed immediately upon completion of work.

• Activities should be conducted in accordance with any time-of-year restriction(s) as recommended by the Department of Game and Inland Fisheries, the Department of Conservation and Recreation, or the Virginia Marine Resources Commission. The permittee should retain a copy of the agency correspondence concerning the time-of-year restriction(s), or the lack thereof, for the duration of the construction phase of the project.

• All construction, construction access, and demolition activities associated with this project should be accomplished in a manner that minimizes construction materials or waste materials from entering surface waters, unless authorized by a permit. Wet, excess, or waste concrete should be prohibited from entering surface waters.

• Herbicides used in or around any surface water should be approved for aquatic use by the U.S. Environmental Protection Agency (EPA) or the U.S. Fish and Wildlife Service. These herbicides should be applied according to label directions by a licensed herbicide applicator. A non-petroleum based surfactant should be used in or around any surface waters.

• Consider mitigating impacts to forested or converted wetlands by establishing new forested wetlands within the impacted watershed.

10

Joel H. Peck p DEQ #18-0895 ^ PUR-2018-00075 Jg

60 p

DEQ PRO recommends that Dominion consider the Fish Advisory for RGBs and use © dielectric fluid that does not contain RGBs for the protection of water resources. W

a 1(d) Requirements. The following permits may be required: ^

• If the project qualifies for a Nationwide Permit 12 (NWP 12) from the Corps, then a VWP permit is not necessary. If the applicant does not obtain a NWP 12, then a VWP permit may be necessary.

• If the project proposes permanent impacts to more than one-half (1/2) acre of wetlands, then a VWP permit will be required from DEQ.

As necessary, submit a JPA to obtain the appropriate permits for impacts to jurisdictional features (see Item 2 in the Environmental Impacts and Mitigation section below for information on submitting a JPA).

2. Subaqueous Lands Impacts. According to the DEQ Supplement (page 2-3), as necessary, a JPA will be submitted for review by the VMRC, DEQ, the Corps, and the City of Hopewell Local Wetlands Board to obtain authorization for jurisdictional crossings and for any impacts to Jurisdictional features. The existing transmission line corridor crosses three named perennial streams and rivers: the Appomattox River, Cabin Creek, and Cattail Creek.

2(a) Agency Jurisdiction. The Virginia Marine Resources Commission regulates encroachments in, on or over state-owned subaqueous beds as well as tidal wetlands pursuant to Virginia Code § 28.2-1200 through 1400. For nontidal waterways, VMRC states that it has been the policy of the Habitat Management Division to exert jurisdiction only over the beds of perennial streams where the upstream drainage area is 5 square miles or greater. The beds of such waterways are considered public below the ordinary high water line.

The VMRC serves as the clearinghouse for the JPA used by the:

• Corps for issuing permits pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act;

• DEQ for issuance of a VWP permit; • VMRC for encroachments on or over state-owned subaqueous beds as well as

tidal wetlands; and • local wetlands board for impacts to wetlands.

The VMRC will distribute the completed JPA to the appropriate agencies. Each agency will conduct its review and respond.

2(b) Agency Finding. VMRC finds that a permit will be required for the crossing of the Appomattox River as well as any smaller stream crossings within its jurisdiction.

11

m m m h

2(c) Requirement A permit is required for crossings over, under or through state- •Q owned submerged lands (perennial streams with an upstream drainage area of 5 ^ square miles or greater). Submit a JPA to VMRC for public interest review and to obtain ® a permit.

3. Erosion and Sediment Control and Stormwater Management. The DEQ Supplement (pages 6-7) states that Dominion has DEQ-approved annual Erosion and Sediment Control (ESC) and Stormwater Management (SWM) Specifications for linear electric transmission facilities. The specifications are given to the contractors and erosion and sediment control measures are required to be in place prior to construction commencing. These specifications outline the requirements for the rehabilitation of the ROW.

3(a) Agency Jurisdiction. The DEQ Office of Stormwater Management administers the following laws and regulations governing construction activities:

• Virginia Erosion and Sediment Control (ECS) Law (§ 62.1-44.15:51 et seq.) and Regulations (9VAC25-840);

• Virginia Stormwater Management Act (§ 62.1-44.15:24 et seq.); • Virginia Stormwater Management Program (VSMP) regulation (9VAC25-870);

and • 2014 General Virginia Pollutant Discharge Elimination System (VPDES) Permit

for Discharges of Stormwater from Construction Activities (9VAC25-880).

In addition, DEQ is responsible for the Virginia Stormwater Management Program (VSMP) General Permit for Stormwater Discharges from Construction Activities related to Municipal Separate Storm Sewer Systems (MS4s) and construction activities for the control of stormwater discharges from MS4s and land disturbing activities under the Virginia Stormwater Management Program (9VAC25-890-40).

3(b) Requirements.

3(b)(i) Erosion and Sediment Control and Stormwater Management Annual Specifications. In accordance with §62.1-44.15 et seq., electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies, and railroad companies shall, and authorities created pursuant to § 5.2-5102 may, file general erosion and sediment control standards and specifications annually with DEQ for review and approval. Such standards and specifications shall be consistent with the requirements of this article and associated regulations and the Erosion and Sediment Control Law and Stormwater Management Act (§ 62.1-44.15:24 et seq.) and associated regulations where applicable. The specifications shall apply to:

• Construction, installation, or maintenance of electric transmission, natural gas, and telephone utility lines and pipelines, and water and sewer lines; and


12

Joel H. Peck ts DEQ #18-0895 M PUR-2018-00075 g

• Construction of the tracks, rights-of-way, bridges, communication facilities, and ^ other related structures and facilities of the railroad company.

U 3(b)(ii) General Virginia Pollutant Discharge Elimination System (VPDES) Permit J® for Discharges of Stormwater from Construction Activities (VAR10). The operator or owner of a construction activity involving land disturbance of equal to or greater than 1 acre is required to register for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities and develop a project specific stormwater pollution prevention plan (SWPPP). The SWPPP must be prepared prior to submission of the registration statement for coverage under the general permit and the SWPPP must address water quality and quantity in accordance with the Virginia Stormwater Management Program (VSMP) Regulations. General information and registration forms for the General Permit are available at www.deQ.virainia.Qov/ProQrams/Water/StormwaterManaaementA/SMPPermits/Constru ction GeneralPermit.asox.

3(c) Agency Recommendation. The DEQ PRO has the following recommendations:

• Consider utilizing permeable paving for parking areas and walkways, where appropriate.

• Denuded areas should be promptly revegetated following construction work.

4. Air Quality. The DEQ Supplement (page 2) states that minimal earth disturbance will take place as a result of this project. There may be temporary impacts to air quality from exhaust from construction equipment and potential fine debris in the air but this will be limited to the construction phase of the project. Open burning of cleared materials is not planned and fugitive dust will be controlled during construction.

4(a) Agency Jurisdiction. The DEQ Air Division, on behalf of the State Air Pollution Control Board, is responsible for developing regulations that implement Virginia's Air Pollution Control Law (Virginia Code §10.1-1300 et seq.). DEQ is charged with carrying out mandates of the state law and related regulations as well as Virginia's federal obligations under the Clean Air Act as amended in 1990. The objective is to protect and enhance public health and quality of life through control and mitigation of air pollution. The division ensures the safety and quality of air in Virginia by monitoring and analyzing air quality data, regulating sources of air pollution, and working with local, state and federal agencies to plan and implement strategies to protect Virginia's air quality. The appropriate DEQ regional office is directly responsible for the issuance of necessary permits to construct and operate all stationary sources in the region as well as monitoring emissions from these sources for compliance. As a part of this mandate, environmental impact reviews (EIRs) of projects to be undertaken in the state are also reviewed. In the case of certain projects, additional evaluation and demonstration must be made under the general conformity provisions of state and federal law.

13

Joel H. Peck ^ DEQ #18-0898 ©3 PUR-2018-00075 ©

& The Air Division regulates emissions of air pollutants from industries and facilities and H implements programs designed to ensure that Virginia meets national air quality ® standards. The most common regulations associated with projects are: ^

p • Open burning: 9 VAC 5-130 et seq. • Fugitive dust control: 9 VAC 5-50-60 et seq. • Permits for fuel-burning equipment: 9 VAC 5-80-1100 et seq.

4(b) Ozone Attainment Status. According to the DEQ Air Division, the project site is located in an ozone attainment area and an emission control area for oxides of nitrogen (NOx) and volatile organic compounds (VOCs).

4(c) Requirements.

4(c)(i) Fugitive Dust. During construction, fugitive dust must be kept to a minimum by using control methods outlined in 9VAC5-50-60 et seq. of the Regulations for the Control and Abatement of Air Pollution. These precautions include, but are not limited to, the following:

• Use, where possible, water or chemicals for dust control; • Install and use hoods, fans and fabric filters to enclose and vent the handling

of dusty materials; • Cover open equipment for conveying materials; and • Promptly remove spilled or tracked dirt or other materials from paved streets

and remove dried sediments resulting from soil erosion.

4(c)(ii) Open Burning. If project activities change to include open burning or the use of special incineration devices are employed in the disposal of land-clearing debris during demolition and construction, these activities must meet the requirements under 9VAC5-130 et seq. for open burning. Whereas, the regulation provides for, but does not require, the local adoption of a model ordinance concerning open burning, Dominion should contact the locality to determine what local requirements, if any, exist. Some applicable provisions of the regulation include, but are not limited to:

• All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles;

• The material to be burned shall consist of clean burning demolition material; • The burning shall be at least 500 feet from any occupied building unless the

occupants have given prior permission, other than a building located on the property on which the burning is conducted;

• The burning shall be conducted at the greatest distance practicable from highways and air fields;

• The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced;

14

Joel H. Peck DEQ #18-0895 «l PUR-2018-00075 ©

m • The burning shall not be allowed to smolder beyond the minimum period of P

time necessary for the destruction of the materials; and ^ • The burning shall be conducted only when the prevailing winds are away from q

any city, town or built-up area. p

4(c)(iii) Fuel-burning Equipment. Should the project install fuel burning equipment (boilers, generators, compressors, etc.), or any other air pollution emitting equipment, the project may be subject to 9 VAC 5-80, Article 6, Permits for New and Modified sources.

4(d) Agency Recommendation. Precautions should be taken to restrict the emissions .of VOCs and NOx during construction, particularly during periods of high ozone.

5. Solid and Hazardous Waste Management. The DEQ Supplement (page 4) states that a database search of information regarding environmentally regulated sites in the study area available from the EPA and DEQ was performed. Nineteen registered Resource Conservation and Recovery Act (RCRA) sites were found within the project radius, although primarily outside of the ROW. Sixty-three petroleum release sites were also identified within the 0.5-mile search radius. However, none were within the ROW and they are not expected to affect the rebuild project. Dominion has a procedure in place, should petroleum contaminated soils be encountered. Two Voluntary Remediation Program (VRP) sites were identified within the search radius. The DEQ Supplement does not indicate that the project will be affected by the identified waste sites.

5(a) Agency Jurisdiction. On behalf of the Virginia Waste Management Board, the DEQ Division of Land Protection and Revitalization is responsible for carrying out the mandates of the Virginia Waste Management Act (Virginia Code §10.1-1400 etseq.), as well as meeting Virginia's federal obligations under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation Liability Act (CERCLA), commonly known as Superfund. The DEQ Division of Land Protection and Revitalization also administers those laws and regulations on behalf of the State Water Control Board governing Petroleum Storage Tanks (Virginia Code §62.1-44.34:8 etseq.), including Aboveground Storage Tanks (9VAC25-91 etseq.) and Underground Storage Tanks (9VAC25-580 et seq. and 9VAC25-580-370 et seq.), also known as 'Virginia Tank Regulations', and § 62.1-44.34:14 et. seq. which covers oil spills.

Virginia:

• Virginia Waste Management Act, Virginia Code §10.1 -1400 et seq. • Virginia Solid Waste Management Regulations, 9 VAC 20-81

o (9 VAC 20-81 -620 applies to asbestos-containing materials) • Virginia Hazardous Waste Management Regulations, 9 VAC 20-60

o (9 VAC 20-60-261 applies to lead-based paints) • Virginia Regulations for the Transportation of Hazardous Materials, 9 VAC 20-

110.

15

p @9

m p m M m p

5(b) Agency Findings and Database Search. The DEQ Division of Land Protection and Revitalization (DLPR) staff conducted a 0.25-mile radius search of solid and hazardous waste databases (including petroleum releases) and did not identify any additional waste sites in close proximity along the project corridor that were not previously identified in the submittal. Additionally, no waste sites of possible concern were located within the zip codes of the project area (23836 and 23860).

5(c) Agency Recommendations. DEQ encourages all projects and facilities to implement pollution prevention principles, including:

• the reduction, reuse and recycling of all solid wastes generated; and • the minimization and proper handling of generated hazardous wastes.

Information related to hazardous wastes and RCRA/CERCLA sites can be accessed from EPA's websites at:

• https://www3.epa.qov/enviro/ • https://rcrainfopreprod.epa.qov/rcrainfoweb/action/main-menu/view • https://www.epa.qov/superfund

5(d) Requirements. • Any soil that is suspected of contamination or solid or hazardous wastes,

including construction and demolition wastes and universal wastes, that are generated during construction must be tested and disposed of in accordance with applicable federal, state and local laws and regulations.

• Contact DEQ if improperly disposed solid or hazardous wastes, or petroleum contaminated soils, are encountered during construction and follow applicable federal, state and local regulations for disposal.

• If applicable, all structures being demolished should be checked as appropriate for asbestos-containing materials (ACM) and lead-based paint (LBP) prior to demolition. If ACM or LBP are found, in addition to the federal waste-related regulations mentioned above, state regulations 9VAC20-81-620 for ACM and 9VAC20-60-261 for LBP must be followed.

6. Natural Heritage Resources. According to the DEQ Supplement (pages 4-6), Dominion queried the DGIF, DCR, the U.S. Fish and Wildlife Service (FWS), and the Center for Conservation Biology Bald Eagle Nest Locator databases to identify


Federal:

• Resource Conservation and Recovery Act (RCRA), 42 U.S. Code sections 6901 et seq.

• U.S. Department of Transportation Rules for Transportation of Hazardous Materials, 49 Code of Federal Regulations, Part 107

• Applicable rules contained in Title 40, Code of Federal Regulations.

16

t*

Joel H. Peck yt DEQ #18-0898 m PUR-2018-00075 q

significant habitat that may be impacted by the project. The FWS database query p identified the federally-listed threatened northern long-eared bat as potentially occurring © within the rebuild project area. However, DGIF records indicate no known hibernacula W or maternity roost trees within the project vicinity. The rebuild project will occur within an existing maintained ROW and tree removal will be limited to danger trees and limbing. Any clearing will take place outside of the time-of-year (TOY) restriction for the Northern long-eared bat (June 1- July 31).

Other threatened and endangered species identified as potentially occurring within the project area are: the red-cockaded woodpecker, Atlantic sturgeon, Sensitive joint-vetch, James spinymussel, Dwarf wedgemussel and the Bald eagle. Since all of the work will occur in an existing cleared and maintained ROW, adverse impacts and loss of significant habitat are not expected.

6(a) Agency Jurisdiction.

6(a)(i) The Virginia Department of Conservation and Recreation's (DCR) Division of Natural Heritage (DNH): DNH's mission is conserving Virginia's biodiversity through inventory, protection and stewardship. The Virginia Natural Area Preserves Act (Virginia Code §10.1-209 through 217), authorized DCR to maintain a statewide database for conservation planning and project review, protect land for the conservation of biodiversity, and the protect and ecologically manage the natural heritage resources of Virginia (the habitats of rare, threatened and endangered species, significant natural communities, geologic sites, and other natural features).

6(a)(ii) The Virginia Department of Agriculture and Consumer Services (VDACS): The Endangered Plant and Insect Species Act of 1979 (Virginia Code Chapter 39 §3.1-1020 through 1030) authorizes VDACS to conserve, protect and manage endangered and threatened species of plants and insects. Under a Memorandum of Agreement established between VDACS and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species.

6(b) Agency Findings. The DCR DNH searched its Biotics Data System (Biotics) for occurrences of natural heritage resources from the project area.

Section 1 (Chesterfield Substation and Structures #2 and #3): Biotics documents the presence of natural heritage resources within two miles of the project area. However, due to the scope of the activity and the distance to the resources, DCR does not anticipate that this project will adversely impact these natural heritage resources.

Section 2 (Rebuild Segment between Structure #19 and Hopewell Substation): The Lower Appomattox Marshes Conservation Site is located within the project site. The natural heritage resource of concern at this site is: Tidal Freshwater Marsh (Wild Rice- Mixed Forbes Type), G4?/S4?/NL/NL

17

Joel H. Peck H DEQ #18-0893 ^ PUR-2018-00075 <Q

m In Virginia, these marshes occur in the upper portion of estuarine river systems, in fresh to slightly brackish areas along flats that are exposed at low tides. Refer to the attached €3 memorandum dated July 20, 2018 for more details. ^

6(c) Threatened and Endangered Plant and Insect Species. According to DCR DNH, the current activity will not affect any documented state-listed plants or insects.

6(d) State Natural Area Preserves. There are no State Natural Area Preserves under OCR's jurisdiction in the project vicinity.

6(e) Agency Recommendations. To minimize adverse impacts to the aquatic ecosystem as a result of the proposed activities, DCR recommends the implementation of and strict adherence to applicable state and local erosion and sediment control/storm water management laws and regulations. DCR also recommends avoiding any work in the marshes at the Appomattox River near the Point of Rocks area. If work is proposed in the marshes, further coordination with DCR DNH is necessary to assess potential impacts to natural heritage resources.

Contact the DCR DNH to re-submit project information and a map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized.

7. Wildlife Resources. The DEQ Supplement (pages 4-6) indicates that Dominion queried the DGIF, DCR, and the FWS databases to identify threatened and endangered species that may be impacted by the project. The DGIF database query identified a number of listed species within the project vicinity as discussed in Item 6 above (Environmental Impacts and Mitigation. Item 6, pages 16-17).

7(a) Agency Jurisdiction. The Virginia Department of Game and Inland Fisheries (DGIF). as the Commonwealth's wildlife and freshwater fish management agency, exercises enforcement and regulatory jurisdiction over wildlife and freshwater fish, including state- or federally-listed endangered or threatened species, but excluding listed insects (Virginia Code, Title 29.1). DGIF is a consulting agency under the U.S. Fish and Wildlife Coordination Act (16 U.S.Code §661 et seq.) and provides environmental analysis of projects or permit applications coordinated through DEQ and several other state and federal agencies. DGIF determines likely impacts upon fish and wildlife resources and habitat, and recommends appropriate measures to avoid, reduce or compensate for those impacts. For more information, see the DGIF website at www. dgif virginia.gov.

7(b) Agency Findings. DGIF documents federal-listed Endangered Atlantic sturgeon from the project area. Both the James River and Appomattox River have been designated Threatened and Endangered Species Waters due to the presence of this species. In addition, these waters, and many of their tributaries, have been designated Anadromous Fish Use Areas.

18

Joel H. Peck mj DEQ #18-0895 ^ PUR-2018-00075 ^

DGIF also documents the state-listed Threatened loggerhead shrikes from the project p area. However, areas contained within and adjacent to the project areas do not appear ^ to provide suitable habitat for this species. Therefore, DGIF does not anticipate W the proposed work to result in significant adverse impacts upon this species. ® (aS Bald eagle nests and concentration zones have been documented from the project area.

7(c) Agency Recommendation. • Adhere to a time-of-year (TOY) restriction from February 15 through June of any

year for instream work whether resulting in permanent or temporary impacts to protect anadromous fishes, including the Atlantic sturgeon.

• Any instream work in the Appomattox River or James River should adhere to a TOY restriction protective of Atlantic sturgeon fall spawning from August 1 through November 15 of any year.

• If instream work is necessary, conduct any in-stream activities during low or no-flow conditions, using non-erodible cofferdams or turbidity curtains to isolate the construction area, blocking no more than 50% of the streamflow at any given time, stockpile excavated material in a manner that prevents reentry into the stream, restore original streambed and streambank contours, revegetate barren areas with native vegetation, and implement strict erosion and sediment control measures.

• To minimize harm to the aquatic environment and its residents resulting from use of the Tremie method to install concrete, installation of grout bags, and traditional pouring of concrete, DGIF recommends that such activities occur only in the dry, allowing all concrete to harden and cure prior to contact with open water.

• Due to future maintenance costs associated with culverts, and the loss of riparian and aquatic habitat, DGIF recommends stream crossings to be constructed via clear-span bridges. However, if this is not possible, DGIF recommends countersinking any culverts below the streambed at least 6 inches, or the use of bottomless culverts, to allow passage of aquatic organisms. DGIF also recommends the installation of floodplain culverts to carry bankfull discharges.

• Ensure that the project is consistent with state and federal guidelines for the protection of bald eagles (https://www.dQif.virqinia.qov/wp-content/uploads/virainia-bald-eaqle-quidelines-for-landowners.pdf). Coordinate as indicated with the U.S. FWS regarding possible impacts upon bald eagles or the need for a federal bald eagle take permit.

• Coordinate with FWS regarding potential impacts upon the federal-listed threatened northern long-eared bats associated with tree removal.

To minimize the adverse impacts of linear utility/road project development on wildlife resources, DGIF offers the following general recommendations:

19

Joel H. Peck P DEQ #18-0895 §1 PUR-2018-00075 ngj

© • avoid and minimize impacts to undisturbed forest, wetlands, and streams to the H

fullest extent practicable; ^ • maintain naturally vegetated buffers of at least 100 feet in width around wetlands ^

and on both sides of perennial and intermittent streams, where practicable; p • conduct significant tree removal and ground clearing activities outside of the

primary songbird nesting season of March 15 through August 15; • implement and maintain appropriate erosion and sediment controls throughout

project construction and site restoration.

DGIF understands that adherence to these general recommendations may be infeasible in some situations and is available to work with the applicant to develop project-specific measures as necessary to minimize project impacts upon wildlife resources.

7(d) Requirement. Coordinate with the FWS regarding potential impacts upon federally-listed Threatened northern long-eared bats and regarding possible impacts upon bald eagles or the need for a federal bald eagle take permit.

8. Historic and Archaeological Resources. The DEQ Supplement (pages 7-8) indicates a Stage 1 Pre-Application Analysis was completed for the proposed rebuild and submitted to DHR. Five previously identified archaeological sites are located In the existing ROW. One is considered potentially eligible for listing on the National Register of Historic Places (NRHP). The remaining four have not been evaluated for eligibility. No National Historic Landmarks (NHL) listed architectural resources are located within a 1.5-mile radius of the corridor. However, six NRHP-listed resources and six battlefields were identified within the 1-mile buffer of the project corridor. Three resources that have been identified within the 0.5-mile buffer of the project corridor have been determined to be eligible for listing on the NRHP. The DEQ Supplement does not indicate that adverse impacts will occur to these resources.

8(a) Agency Jurisdiction. The Virginia Department of Historic Resources (DHR) conducts reviews of both federal and state projects to determine their effect on historic properties. Under the federal process, DHR is the State Historic Preservation Office, and ensures that federal undertakings - including licenses, permits, or funding - comply with Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulation at 36 CFR Part 800. Section 106 requires federal agencies to consider the effects of federal projects on properties that are listed or eligible for listing on the National Register of Historic Places (NRHP). For state projects or activities on state lands, DHR is afforded an opportunity to review and comment on (1) the demolition of state property; (2) major state projects requiring an EIR; (3) archaeological investigations on state-controlled land; (4) projects that involve a landmark listed in the Virginia Landmarks Register (VLR); (5) the sale or lease of surplus state property; (6) exploration and recovery of underwater historic properties; and (7) excavation or removal of archaeological or historic features from caves. Please see DHR's website for more information about applicable state and federal laws and how to submit an application for review: http://www.dhr.virainia.qov/StateStewardship/lndex.htm.

20

Joel H. Peck m. DEQ #18-0893 m PUR-2018-00075 ^

m 8(b) Agency Comments. DHR provided comments directly to Dominion regarding the p pre-application analysis which was included in the SCC application. The pre-application .q analysis identifies six VLR/NRHP-listed architectural resources, four VLR/NRHP-eligible M architectural resources, and an additional six (6) battlefields, within the tiered study ® area. DHR concurs that the proposed project will have minimal impact on ten identified ^ architectural resources and no impact to six identified architectural resources. The project also crosses five recorded archaeological sites which require further evaluation (detailed below).

8(c) Recommendation. Impacts to unrecorded and/or unevaluated archaeological and historic architectural resources remain unassessed. In accordance with Section II of the Guidelines for Assessing Impacts of Proposed Electric Transmission Lines and Associated Facilities on Historic Resources in the Commonwealth of Virginia (2008) and to fully identify and address impacts to historic resources, DHR recommends:

1. Comprehensive archaeological and architectural surveys in accordance with DHR guidelines by qualified professionals prior to construction of any SCC-approved alternative.

2. Evaluation of all identified resources for listing in the VLR/NRHP. 3. Assessment of potential direct and indirect impacts to all VLR/NRHP-

eligible/listed resources, including previously inaccessible properties. 4. Avoidance, minimization, and/or mitigation of moderate to severe impacts to

VLR/NRHP-eligible/listed resources by Dominion in consultation with DHR and other stakeholders.

8(d) Requirement. If there is any federal involvement, Dominion should coordinate the project or any portion thereof with the responsible federal agency and DHR to ensure compliance with Section 106 of the National Historic Preservation Act, as amended, and its implementing regulations at 36 CFR 800.

9. Transportation Impacts. According to the DEQ Supplement (page 12), the project crosses 42 public and private roads including low traffic country roads and urban arterials to limited access highways. Dominion intends to apply for a VDOT land use permits for the aerial crossings of VDOT-maintained roads and the construction entrances from VDOT ROW. All required VDOT permits will be obtained prior to construction.

9(a) Agency Jurisdiction. The Virginia Department of Transportation provides comments pertaining to potential impacts to existing and future transportation systems.

9(b) Requirements. Any portion of the proposed project that will occur within VDOT ROW will require a Land Use Permit (LUP). The permit may be obtained at the Richmond District Office.

10. Aviation Impacts. The DEQ Supplement (page 12) indicates that Dominion has coordinated directly with the Department of Aviation (DOAV). There are no public use

21

Joel H. Peck DEQ #18-0895 (59 PUR-2018-00075 ©

m airports withirr 20,000 linear feet of the project. The proposed project must be designed H such that there is no impact to safe ingress and egress at nearby airports. ®

0 10(a) Agency Jurisdiction. The Virginia Department of Aviation is a state agency that p plans for the development of the state aviation system; promotes aviation; grants aircraft and airports licenses; and provides financial and technical assistance to cities, towns, counties and other governmental subdivisions for the planning, development, construction and operation of airports, and other aviation facilities.

10(b) Agency Finding. The DOAV is concerned about potential impacts created for the development and safety at Richmond International Airport and the Richmond Executive-Chesterfield County Airport. The project may involve significant changes that will impact the ability of these airports to pursue development intended to improve the safety and utility of each airport.

10(c) Requirements. Submit a Form 7460-1 Notice of Proposed Construction or Alteration to the Eastern Regional Office, Air Traffic Division of the Federal Aviation Administration (FAA) if any of the following conditions occur:

• The project exceeds 200 feet in height above the ground or surface at its site • The project involves any construction or alteration at any height greater than the

imaginary surfaces identified in FAR Part 77extending outward and upward 20,000 feet of any runway at a public use, military or airport under construction for public-use having a runway of 3,200 feet in length.

• The project involves any construction or alteration at any height greater than the imaginary surfaces identified in FAR Part 77 extending outward and upward 10,000 feet of any public-use, military or airport under construction for public-use having a runway of less than 3,200 feet in length.

Further coordination with the FAA is necessary to ensure compliance with Federal Aviation Regulations and to verify the need for further study of the potential impacts created by the proposed project.

10(d) Recommendation. The applicant must avoid impacts or proceed in a manner that would mitigate any potential hazards to airspace that could be created by the rebuild. Close coordination with Richmond International Airport and the Richmond Executive-Chesterfield County Airport is recommended to determine the size and scope of potential impacts on these airports.

11. Public Water Supply. The DEQ Supplement does not discuss potential impacts to public water supply. With regard to herbicide applications, Dominion intends to utilize only herbicides approved for aquatic use by the EPA or FWS in or around any surface waters (page 11).

11(a) Agency Jurisdiction. The Virginia Department of Health (VDH), Office of Drinking Water (ODW) reviews projects for the potential to impact public drinking water

22

Joel H. Peck p DEQ #18-0893 ^ PUR-2018-00075 @

sources (groundwater wells and surface water intakes). VDH administers both federal p and state laws governing waterworks operation. €3

hS 11(b) Agency Findings. VDH-ODW identified no public groundwater wells within a 1- ^ mile radius of the project corridor.

The Virginia-American Water Co. Appomattox River (PWS ID 3670800) surface water intake is located within a 5-mile radius of the rebuild project. Additionally, the project corridor is also located within the intake's watershed.

11(c) Agency Recommendation. Utilize Best Management Practices, including erosion and sediment controls and spill prevention controls and countermeasures, on the project site. Properly manage materials while on site and during transportation to prevent impacts to nearby surface waters.

11(d) Requirement. Potential impacts to public water distribution systems or sanitary sewage collection systems must be verified by the local utility.

12. Open Space. According to the DEQ Supplement (page 10), two conservation easements are located within the ROW. One is a DHR easement associated with Point of Rocks (DHR ID 023-0123) and the other is a James River Soil and Water Conservation easement located south of the Appomattox in Prince George County and the City of Hopewell. Both easements are on municipal parks. There are no Virginia Outdoors Foundation easements within the proposed project corridor.

12(a) Agency Jurisdiction. The Virginia Outdoors Foundation (VOF) was created by the General Assembly in 1966 and established in the Code of Virginia under § 10.1-1800, which states:" The Virginia Outdoors Foundation is established to promote the preservation of open-space lands and to encourage private gifts of money, securities, land or other property to preserve the natural, scenic, historic, scientific, open-space and recreational areas of the Commonwealth. The Virginia Outdoors Foundation is a body politic and shall be governed and administered by a board of trustees composed of seven trustees from the Commonwealth at large to be appointed by the Governor for four-year terms."

12(b) Agency Comments. The VOF noted that as of June 15, 2018 there are no existing or proposed VOF open-space easements that will be impacted by the project.

12(c) Agency Recommendation. Coordinate further with VOF if the project area changes of if this project does not begin within 24 months of this review.

13. Pollution Prevention. DEQ advocates that principles of pollution prevention and sustainability be used in all construction projects. Effective siting, planning and on-site best management practices (BMPs) will help to ensure that environmental impacts are minimized. However, pollution prevention and sustainability techniques also include decisions related to construction materials, design and operational procedures that

23

Joel H. Peck ^ DEQ #18-0893 PUR-2018-00075 ®

©9 facilitate the reduction of wastes at the source. We have several recommendations ^ regarding pollution prevention: ®

b3 m

• Consider development of an effective Environmental Management System (EMS). An effective EMS will ensure that the proposed project is committed to minimizing its environmental impacts, setting environmental goals and achieving improvements in its environmental performance. DEQ offers EMS development assistance and it recognizes facilities with effective Environmental Management Systems through its Virginia Environmental Excellence Program (VEEP). VEEP provides recognition, annual permit fee discounts, and the possibility for alternative compliance methods.

• Consider environmental attributes when purchasing materials. For example, the extent of recycled material content, toxicity level and amount of packaging should be considered and can be specified in purchasing contracts.

• Consider contractors' commitment to the environment (such as an EMS) when choosing contractors. Specifications regarding raw materials and construction practices can be included in contract documents and requests for proposals.

• Integrate pollution prevention techniques into the facility maintenance and operation, to Include inventory control for centralized storage of hazardous materials. Maintenance facilities should have sufficient and suitable space to allow for effective inventory control and preventive maintenance.

DEQ's Office of Pollution Prevention provides information and technical assistance relating to pollution prevention techniques and EMS. If interested, please contact DEQ (Meghann Quinn at 804-698-4021).

14. Recreational Resources. According to the DEQ Supplement (page 10), at the location of the existing crossing to be rebuilt, the Appomattox River has been designated a as a scenic river. Additionally the existing ROW for the rebuild project crosses through a Chesterfield County Park at Point of Rocks and the Appomattox River Regional Park (jointly administered by Prince George County and the City of Hopewell). Several other City of Hopewell parks are adjacent to or near the ROW.

14(a) Agency Jurisdiction. OCR's Division of State Parks is responsible for acquiring and managing state parks. Park development and master planning are managed by the Division of Planning and Recreation Resources (PRR). Master plans are required prior to a parks opening and are updated every ten years (Virginia Code § 10.1-200 et seq.).

14(b) Agency Comments. OCR's Division of State Parks notes that this section of the Appomattox River has been designated a scenic river.

14(c) Agency Recommendation. DCR PRR recommends that all crossings be perpendicular to the river to minimize visual impacts. All land disturbance should be stabilized using native plant material.

24

Joel H. Peck DEQ #18-0895 Lj PUR-2018-00075 ^

15. Pesticides and Herbicides. In general, when pesticides or herbicides must be ^ used, their use should be strictly in accordance with manufacturers' recommendations. @ In addition, we recommend that Dominion use the least toxic pesticides or herbicides y effective in controlling the target species to the extent feasible. For more information on @ pesticide or herbicide use, contact VDACS at (804) 786-3501. ^

16. Chesapeake Bay Preservation Area. According to the DEQ Supplement (page 9), as a public utility project, the project is conditionally exempt under 9VAC25-830-150. The project corridor is located within Chesapeake Bay Preservation Act jurisdictional counties.

16(a) Agency Jurisdiction. The DEQ Office of Local Government Programs (OLGP) administers the Chesapeake Bay Preservation Act (Virginia Code §62.1-44.15:67 et seq.) and Chesapeake Bay Preservation Area Designation and Management Regulations (9 VAC 25-830-10 etseq.). Each Tidewater locality must adopt a program based on the Chesapeake Bay Preservation Act and the Chesapeake Bay Preservation Area Designation and Management Regulations. The Act and regulations recognize local government responsibility for land use decisions and are designed to establish a framework for compliance without dictating precisely what local programs must look like. Local governments have flexibility to develop water quality preservation programs that reflect unique local characteristics and embody other community goals. Such flexibility also facilitates innovative and creative approaches in achieving program objectives. The regulations address nonpoint source pollution by identifying and protecting certain lands called Chesapeake Bay Preservation Areas. The regulations use a resource-based approach that recognizes differences between various land forms and treats them differently.

16(b) Agency Findings. In Chesterfield and Prince George counties and the City of Hopewell, the areas protected by the Chesapeake Bay Preservation Act (CBPA), as locally implemented, require conformance with performance criteria. These areas include Resource Protection Areas (RPAs) and Resource Management Areas (RMAs) as designated by the local government. RPAs include tidal wetlands, certain non-tidal wetlands and tidal shores. RPAs also include a 100-foot vegetated buffer area located adjacent to and landward of these features and along both sides of any water body with perennial flow.

RMAs, which require less stringent performance criteria, include those areas of Chesterfield County not included in the RPAs. Prince George County's designated RMAs include floodplain and nontidal wetlands connected by intermittent streams, and a minimum of 150' adjacent to the RPA. In the City of Hopewell, the RMA is composed of the following concentrations of (one or more of) land categories: floodplains; highly erodible soils, steep slopes greater than 15 percent; highly permeable soils; and nontidal wetlands not included in the Resource Protection Area.

16(c) Requirements. Construction, installation, operation and maintenance of public utility transmission lines and their appurtenant structures within locally designated

25

Joel H. Peck S0® DEQ #18-0895 O PUR-2018-00075 ^

m Chesapeake Bay Preservation Area lands are conditionally exempt from the ^ Chesapeake Bay Preservation Area Designation and Management Regulations, ® 9VAC25-830-15Q B, provided they are constructed in accordance with:

H 1. regulations promulgated pursuant to the Erosion and Sediment Control Law (§

10.1-560 et seq. of the Code of Virginia) and the Stormwater Management Act (§ 10.1-603.1 et seq. of the Code of Virginia);

2. an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality or;

3. local water quality protection criteria at least as stringent as the above state requirements.

17. Local Participation. DEQ invited the affected localities and planning district commissions to participate in the Commonwealth's environmental review of this proposal. This approach is consistent with the SCC Law (Virginia Code § 56-46.1 A.), which directs the SCC to consider local comprehensive plans which have been adopted pursuant to Virginia Code § 15.2-2223 et seq.

17(a) PDC Review. The Richmond Regional PDC inquired with staff of member localities regarding this project and no comments were received. Richmond Regional PDC staff has no comments on the project.

26


REGULATORY AND COORDINATION NEEDS

1. Water Quality and Wetlands. As stated in the Ehvironmental Impacts and Mitigation section, Item 1, a Virginia Water Protection (VWP) permit (9VAC25-210 et seq.) and/or a Section 404 (Nationwide Permit 12) permit may be required. If applicable, permitting action commences with the receipt of a complete JPA. Questions on the applicability and fulfillment of VWP permit requirements may be addressed to DEQ PRO (Allison Dunaway, 804-527-5086). To obtain a JPA form, contact VMRC (Tony Watkinson at (757) 247-2250 or [email protected]).

2. Erosion and Sediment Control and Stormwater Management. Transmission line construction must comply with Dominion's DEQ-approved annual specifications. Dominion must contact [email protected] two weeks prior to land disturbance. Dominion must have a certified Responsible Land Disturber in charge of and responsible for carrying out the project-specific erosion and sediment control plan and the land-disturbing activity. Questions regarding annual erosion and sediment control specifications should be directed to DEQ (Larry Gavan at [email protected] or 804-698-4040) (Reference: VESCR §9VAC25-840-30, §9VAC25-840-40).

Buildings, facilities and other structures not covered under § 62.1-44.15:55 must comply with the requirements of the appropriate local erosion and sediment control and stormwater program. Dominion must contact officials with the appropriate locality to determine local requirements.

3. General Virginia Pollutant Discharge Elimination System Permit for Discharges of Stormwater from Construction Activities (VAR10). For projects involving land-disturbing activities equal to or greater than 1 acre, Dominion is required to apply to DEQ under the Virginia Stormwater Management Program (VSMP) General Permit for Discharges of Stormwater from Construction Activities and develop a project specific stormwater pollution prevention plan (SWPPP). Construction activities requiring registration also includes the land disturbance of less than 1 acre of total land area that is part of a larger common plan of development or sale, if the larger common plan of development will ultimately disturb equal to or greater than 1 acre. The SWPPP must be prepared prior to submission of the registration statement for coverage under the general permit, and the SWPPP must address water quality and quantity in accordance VSMP Permit Regulations (VSWML §62.1-44.15:24 et seq/, VSMP Permit Regulations 9VAC25-870 et seq.). Specific questions regarding the VSMP General Permit for Construction Activities requirements should be directed to Chesterfield County (804-748-1035) and the City of Hopewell (804-541-2269) which are VSMP authorities. Contact DEQ (Holly Sepety, 804-698-4039) with VSMP related questions for work being completed in Prince George County.

4. Air Quality Regulations. Construction and operation of the transmission lines are subject to air pollution control regulations administered by DEQ. The following sections of Virginia Administrative Code may be applicable:

27

Joel H. Peck H* DEQ #18-0895 ® PUR-2018-00075

• 9VAC5-50-60 et seq. governing fugitive dust emissions; • 9VAC5-130 et seq., for open burning; and • 9VAC5-80, Article 6 for fuel burning equipment.

Contact DEQ PRO (James Kyle, 804-527-5047) for additional information and prior to operation of fuel-burning or other air-pollution-emitting equipment.

5. Subaqueous Lands Impacts. Pursuant to section 28.2-1204 of the Code of Virginia, the VMRC has jurisdiction over any encroachments in, on or over any state-owned rivers, streams or creeks in the Commonwealth. Contact VMRC (Mark Eversole at (757) 247-8028 or [email protected]) regarding the submittal of a JPA to obtain the required permit.

6. Solid and Hazardous Waste Management. Contact PRO, Jason Miller (804-527-5028), for information on suitable waste disposal sites in the project area or if contaminated soils are encountered.

6(a) Solid and Hazardous Waste. Contaminated soil, all solid waste, hazardous waste, and hazardous materials must be managed in accordance with all applicable federal, state and local environmental regulations.

6(b) Asbestos-Containing Material. If applicable, it is the responsibility of the owner or operator of a demolition activity, prior to the commencement of the demolition, to thoroughly inspect the affected part of the facility where the operation will occur for the presence of asbestos, including Category I and Category II non-friable asbestos-containing material. Upon classification as friable or non-friable, all asbestos-containing material shall be disposed of in accordance with the Virginia Solid Waste Management Regulations (9VAC 20-81-620) and transported in accordance with the Virginia regulations governing Transportation of Hazardous Materials (9VAC20-110-10 etseq.). Contact the Department of Labor and Industry (804-371-2327) for additional information.

6(c) Lead-Based Paint. If applicable, this project must comply with the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) regulations and with the Virginia Lead-Based Paint Activities Rules and Regulations. For additional information regarding these requirements, contact the Department of Professional and Occupational Regulation (804-367-8500).

7. Natural Heritage Resources. Contact DCR DNH (Rene1 Hypes at 804-371-2708 or [email protected]) for additional information on updates to the Biotics Data System as necessary. Contact Robbie Rhur (804-371-2594) with questions regarding OCR's recommendations to minimize adverse effects on the aquatic ecosystem and to avoid work in the marshes at the Appomattox River near the Point of Rocks area.

28

Joel H. Peck ^ DEQ #18-0898 m PUR-2018-00075 ^

8. Historic and Archaeological Resources. If applicable, Dominion should coordinate ^ the project with the responsible federal agency and DHR to ensure compliance with Section 106 of the National Historic Preservation Act, as amended, and its M implementing regulations at 36 CFR 800. Contact DHR (Roger Kirchen at 804-367- ^ 2323, extension 153 or [email protected]) for Section 106 coordination ^ as necessary. Coordinate with DHR to discuss the recommended archaeological and architectural surveys. Submit results of any surveys to DHR.

9. Transportation Impacts. Contact the VDOT Richmond District Office (804-674-2800) for questions on applicable land-use and ROW permitting requirements for this project and to obtain the appropriate authorizations.

10. Aviation Impacts. Contact the FAA Washington Airports District Office (703-661-1354) as necessary for compliance with federal aviation requirements and DOAV (Rusty Harrington, 804-236-3624) for additional information if necessary. Coordinate with Richmond International Airport (John Rutledge, 804-226-3017) and the Richmond Executive-Chesterfield County Airport (Patrick Driscoll, 804-768-7700 or Jeremy Wilkinson, 804-743-0771) to mitigate potential airspace hazards or impacts that may affect future development

11. Protected Species. Coordinate with the FWS (Troy Anderson, [email protected]) regarding potential impacts to the federal-listed threatened Long-Eared Bat, associated with tree removal, and the protection of the bald eagle and possible need for a federal bald eagle take permit.

12. Waterworks. Potential impacts to public water distribution systems or sanitary sewage collection systems must be verified by the local utility (Chesterfield County and City of Hopewell). Contact VDH, Arlene Fields Warren, with questions regarding its recommendations (804-864-7492).

13. Open Space. Coordinate with the VOF, Martha Little (804-577-3337 or [email protected]), if the project area changes or the project does not begin within 24 months of this review.

14. Recreational Resources. Questions regarding the scenic river designation of the Appomattox River and DCR PRR's recommendations may be directed to Lynn Crump ([email protected]).

15. Chesapeake Bay Preservation Areas. The project must satisfy the applicable requirements of the Chesapeake Bay Preservation Act (Virginia Code §62.1-44.15:67 -62.1-44.15:78) and Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations). Contact DEQ (Daniel Moore, 804-698-4520) for additional information as necessary.

16. Wildlife Resources. Coordinate with DGIF (Amy Ewing at [email protected]) for additional information about its recommendations.

29

MEMORANDUM

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY WATER DIVISION

&

TO: Janine Howard

tLjJbU. RcmJIXU.<JC. FROM: Michelle Henicheck

Office of Wetlands and Stream Protection

DATE: June 15, 2018

SUBJECT: Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild, Application No. 285; Chesterfield County, City of Hopewell; DEQ #18-089S

In accordance with the Department of Environmental Quality-State Corporation Commission Memorandum of Agreement Regarding Wetland Impact Consultation (July 2003), we have reviewed the information submitted by Dominion Virginia Power (here after, Dominion) regarding potential wetland impacts on the above referenced project. Dominion proposes (i) to rebuild, entirely within an existing right-of-way, an approximately 8.2-mile section of the existing 11.0-mile 230 kV transmission Lines #211 and #228, which run from the Company's existing Chesterfield Substation in Chesterfield County to the Company's existing Hopewell Substation in the City of Hopewell; (ii) to rebuild two structures on Lines #211 and #228 near the Chesterfield Substation on Company-owned property; and, (iii) to complete minor equipment replacements at both Chesterfield Substation and Hopewell Substation (collectively, the"Rebuild Project"). The proposed Rebuild Project will replace aging infrastructure that is at the end of its service life.

Based on review of the submitted wetland desktop report, both wetland areas and stream corridors were identified within the existing transmission line alignment. Because this project proposes to use existing Dominion right-of-way, no other alternatives for this project were considered. Given that this project involves rebuilding the transmission line; Dominion anticipates minimum permanent impacts to State waters associated with this project.

Summary of Findings

Within the Rebuild Project corridor, the Company delineated wetlands and other waters of the United States using the Routine Determination Method as outlined in the 1987 Corps of Engineers Wetland Delineation Manual and methods described in the 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0). The Company submitted the results of this delineation to the Corps in March 2018 for confirmation, Attachment 2.D.I. Total jurisdictional resources within the proposed Rebuild Project right-of-way is provided in Table 1 and detailed in Attachment 2.D.I.

Page 1 of3

Table 1. Jurisdictional Resources within Rebuild Project ROW

Resource Palustrine Emergent

Wetland Palustrine Scrub-Shrub Wetland

Open Water Jurisdictional

Ditches

Streams

Appomattox River

Acreage f±)

18.91

0.94

0.15 0.01

(112 linear feet) 0.55

(3,717 linear feet) 3.59

(160 linear feet)

<9 IW"!

Prior to construction, the Company will obtain any necessary permits to impact jurisdictional resources.

DEQ recommends structures should be sited to avoid wetlands to the extent practicable and should be sited outside of stream channels. Timbering debris should not be placed in wetlands or streams. DEQ further recommends wetland and stream avoidance and minimization efforts, where practical, during project construction by: (1) spanning wetlands and streams, (2) maintaining 100-foot buffers along either side of streams, (3) placing support structure foundations outside of wetlands and streambeds, and (4) using removable mats in wetland areas to reduce compaction and rutting.

The DEQ Piedmont Regional Office (PRO) will make the final permitting decisions.

Recommendations and Potential Permits

Based upon review of the information provided by Dominion, we offer the following recommendations:

1. Prior to commencing project work, all wetlands and streams within the project corridor should be field delineated and verified by the U.S. Army Corps of Engineers (the Corps), using accepted methods and procedures.

2. Wetland and stream impacts should be avoided and minimized to the maximum extent practicable. Stream impacts should be minimized or avoided by spanning the transmission line across each stream. No foundations should be placed within streambeds. Where access is required across a wetland, removable mats should be used to reduce compaction and rutting. Towers should be placed avoid wetlands, wherever possible. To the extent where any footings must be installed in wetlands, each footing should occupy the minimum space necessary. When excavation for a structure is necessary in a wetland, excess spoil should not be disposed of in adjacent wetland areas unless authorized by a state or federal wetland permit.

3. If the scope of the project changes, additional review will be necessary by this office.

4. At a minimum, compensation for impacts to State Waters, if necessary, should be in accordance with all applicable state wetland regulations and wetland permit requirements, including the compensation for permanent conversion of forested wetlands to emergent wetlands.

Page 2 of 3

5. Any temporary impacts to surface waters associated with this project should require restoration to @9

pre-existing conditions. N1

© 6. No activity may substantially disrupt the movement of aquatic life indigenous to the water body, y including those species, which normally migrate through the area, unless the primary purpose of the activity is to impound water. Culverts placed in streams must be installed to maintain low ^ flow conditions. No activity may cause more than minimal adverse effect on navigation. Furthermore the activity must not impede the passage of normal or expected high flows and the structure or discharge must withstand expected high flows.

7. Erosion and sedimentation controls should be designed in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. These controls should be placed prior to clearing and grading and maintained in good working order to minimize impacts to state waters. These controls should remain in place until the area is stabilized and should then be removed. Any exposed slopes and streambanks should be stabilized immediately upon completion of work in each permitted area. All denuded areas should be properly stabilized in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992.

8. No machinery may enter surface waters, unless authorized by a Virginia Water Protection (VWP) permit.

9. Heavy equipment in temporarily impacted surface waters should be placed on mats, geotextile fabric, or other suitable material, to minimize soil disturbance to the maximum extent practicable. Equipment and materials should be removed immediately upon completion of work.

10. Activities should be conducted in accordance with any Time-of-Year restriction(s) as recommended by the Department of Game and Inland Fisheries, the Department of Conservation and Recreation, or the Virginia Marine Resources Commission. The permittee should retain a copy of the agency correspondence concerning the Time-of-Year restriction(s), or the lack thereof, for the duration of the construction phase of the project.

11. All construction, construction access, and demolition activities associated with this project should be accomplished in a manner that minimizes construction materials or waste materials from entering surface waters, unless authorized by a permit. Wet, excess, or waste concrete should be prohibited from entering surface waters.

12. Herbicides used in or around any surface water should be approved for aquatic use by the United States Environmental Protection Agency (EPA) or the U.S. Fish & Wildlife Service. These herbicides should be applied according to label directions by a licensed herbicide applicator. A non-petroleum based surfactant should be used in or around any surface waters.

13. Consider mitigating impacts to forested or converted wetlands by establishing new forested wetlands within the impacted watershed.

Further, the following pennits may be required:

1. If the project qualifies for a Nationwide Permit 12 (NWP 12) from the Corps, then a Virginia Water Protection (VWP) permit is not necessary. If the applicant does not obtain a NWP 12, then a VWP permit may be necessary.

2. If the project proposes permanent impacts to more than one-half (1/2) acre of wetlands, then a VWP permit will be required from DEQ.

Page 3 of3

DEPARTMENT OF ENVIRONMENTAL QUALITY q DIVISION OF AIR PROGRAM COORDINATION m

p ENVIRONMENTAL REVIEW COMMENTS APPLICABLE TO AIR QUALITY g

TO: Janine L. Howard DEQ - OEIR PROJECT NUMBER: DEQ #18-0895 p

PROJECT TYPE: X STATE EA / EIR • FEDERAL EA / EIS X SCC

• CONSISTENCY DETERMINATION

PROJECT TITLE: Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild, Application No. 285

PROJECT SPONSOR: State Corporation Commission

PROJECT LOCATION: X OZONE ATTAINMENT AND EMISSION CONTROL AREA FOR NOX & VOC

REGULATORY REQUIREMENTSMAY BE APPLICABLE TO: X CONSTRUCTION • OPERATION

STATE AIR POLLUTION CONTROL BOARD REGULATIONS THAT MAY APPLY: 1. • 9 VAC 5-40-5200 C & 9 VAC 5-40-5220 E - STAGE I 2. • 9 VAC 5-45-760 et seq. - Asphalt Paving operations 3. X 9 VAC 5-130 et seq. - Open Burning 4. X 9 VAC 5-50-60 et seq. Fugitive Dust Emissions 5. • 9 VAC 5-50-130 et seq. - Odorous Emissions; Applicable to_ 6. • 9 VAC 5-60-300 et seq.-Standards of Performance for Toxic Pollutants 7. • 9 VAC 5-50-400 Subpart , Standards of Performance for New Stationary Sources,

designates standards of performance for the 8. • 9 VAC 5-80-1100 et seq. of the regulations - Permits for Stationary Sources 9. • 9 VAC 5-80-1605 et seq. Of the regulations - Major or Modified Sources located in

PSD areas. This rule may be applicable to the 10. • 9 VAC 5-80-2000 et seq. of the regulations - New and modified sources located in

non-attainment areas 11. • 9 VAC 5-80-800 et seq. Of the regulations - State Operating Permits. This rule may be

applicable to

COMMENTS SPECIFIC TO THE PROJECT: All precautions are necessary to restrict the emissions of volatile organic compounds (VOC) and oxides of nitrogen (NO*).

(Kotur S. Narasimhan) Office of Air Data Analysis DATE: June 14, 2018

Mallhcw J. SJlricklcr ft' St'vretury t/Ntiniml Kesnnnvs R [/mu ra

Clyde li. Cristman

COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION

MEMORANDUM

DATE: July 20, 2018

TO: Janine Howard, DEQ

FROM: Roberta Rhur, Environmental Impact Review Coordinator

SUBJECT: DEQ 18-089S, Chesterfield-Hopewell Transmission Line Partial Rebuild

Division of Planning and Recreation Resources

The Department of Conservation and Recreation (DCR), Division of Planning and Recreational Resources (PRR), develops the Virginia Outdoors Plan and coordinates a broad range of recreational and environmental programs throughout Virginia. These include the Virginia Scenic Rivers program; Trails, Creenways, and Blueways; Virginia State Park Master Planning and State Park Design and Construction.

This section of the Appomattox River that has been designated as a scenic river. We recommend all crossings be perpendicular to the river run to minimize visual impacts. We also recommend that all land disturbance be stabilized using native plant material. If you have any questions regarding this designation, please contact Lynn Crump of the DCR-Division of Planning and Recreational Resources at [email protected].

Division of Natural Heritage

The Department of Conservation and Recreation's Division of Natural Heritage (DCR) has searched its Biotics Data System for occurrences of natural heritage resources from the area outlined on the submitted map. Natural heritage resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary natural communities, and significant geologic formations.

Section 1 Biotics documents the presence of natural heritage resources within two miles of the project area. However, due to the scope of the activity and the distance to the resources, we do not anticipate that this project will adversely impact these natural heritage resources.

Section 2 According to the information currently in our files, the Lower Appomattox Marshes Conservation Site is located within the project site. Conservation sites are tools for representing key areas of the landscape that warrant further review for possible conservation action because of the natural heritage resources and habitat they support. Conservation sites are polygons built around one or more rare plant, animal, or natural community designed to include the element and, where possible, its associated habitat, and buffer or other adjacent land thought necessai^ for the element's conservation. Conservation sites are given a

Roclicllc AIlliolz ©g! Dr/tiilv Dimior of Q

Aiimmlstratioii and Fhmiicc ^

Russell W. Baxter Dcpniy Director of ,#51

Dam Sqfi'ty Ftvodpluin _ Managvmau and Soil tV- l/Vz/tr trite?

Coiimnutlini (fSJ Thomus L. Smith

Dtfuuly Dircclor of O/wations

600 Easl Main Slreet, 24"' Flour | Richmond, Virginia 23219 | 804-786-6124

State Parks • Soil and Water Conservation • Outdoor Recreation Planning Natural Heritage • Dam Safety and Floodplain Management • Land Conservation

p m

m biodiversity significance ranking based on the rarity, quality, and number of element occurrences they H contain; on a scale of 1-5,1 being most significant Lower Appomattox Marshes Conservation Site has been <0 given a biodiversity significance ranking of B4, which represents a site of moderate significance. The ^ natural heritage resource of concern at this site is:

Tidal Freshwater Marsh (Wild Rice - Mixed Forbs Type) G4?/S4?/NL/NL

The Tidal Freshwater Marsh (Wild Rice - Mixed Forbs Type) is characterized by tall herbaceous vegetation that occurs in freshwater to slightly oligohaline zones of tidal rivers along the north and mid-Atlantic coast of North America. In Virginia, these marshes occur in the upper portion of estuarine river systems, in fresh to slightly brackish areas along flats that are exposed at low tides. It is most extensive on sediments deposited by large meanders of the Pamunkey and Mattaponi Rivers, although outstanding examples also occur along the Potomac, Rappahannock, Piankatank, Chickahominy, and James Rivers. Strictly speaking, freshwater conditions have salt concentrations < 0.5 ppt, but pulses of higher salinity may occur during spring tides or periods of unusually low river discharge. Soils are highly variable and are composed of varying amounts of silts, silty mucks, fine peat, to very coarse sands.

Wild rice (Zizania aquatic) is usually dominant, although only conspicuously so in mid to late summer, when it overtops early season vegetation. This community can be codominated by pickerelweed {Pontederia cordata), arrow arum (Peltandra virginica), halberdleaf tearthumb (Persicaria arifolia), dotted smartweed (Persicaria punctata), and/or beggartick species (Bidens spp.). Common associates are generally a mixture of freshwater and brackish species that include broadleaf arrowhead (Sagittaria latifolia), marsh seedbox {Ludwigia palustris), jewelweed [Impatiens capensis), rice cutgrass (Leersia oryzoides'), tidalmarsh amaranth (Amaranthus cannabinus), rosemallow (Hibiscus moscheutos), hemlock waterparsnip [Sium suave), sweetflag [Acorus americanus), and river bulrush [Schoenoplectusfluviatilis). This vegetation provides an important food source for migratory birds. (NatureServe, 2012)

To minimize adverse impacts to the aquatic ecosystem as a result of the proposed activities, DCR recommends the implementation of and strict adherence to applicable state and local erosion and sediment control/storm water management laws and regulations. DCR also recommends avoiding any work in the marshes at the Appomattox River near the Point of Rocks area. If work is proposed in the marshes, please re-coordinate with this office for potential impacts to natural heritage resources. There are no State Natural Area Preserves under OCR's jurisdiction in the project vicinity.

Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species. The current activity will not affect any documented state-listed plants or insects.

New and updated information is continually added to Biotics, Please re-submit project information and map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized.

The Virginia Department of Game and Inland Fisheries (VDG1F) maintains a database of wildlife locations, including threatened and endangered species, trout streams, and anadromous fish waters that may contain information not documented in this letter. Their database may be accessed from http://vafwis.org/f:wis/ or contact Ernie Aschenbach at 804-367-2733 or [email protected]. This project is located within 2 miles of a documented occurrence of a state and federally listed animal. Therefore, DCR recommends coordination with NOAA Fisheries and the VDGIF, Virginia's regulatory authority for the management and protection of this species to ensure compliance with protected species legislation.

The remaining DCR divisions have no comments regarding the scope of this project. Thank you for the P opportunity to comment

W CC: Christine Vaccaro, NOAA Fisheries-Protected Species Division 'S

Amy Ewing, VDGIF ^

Literature Cited

NatureServe. 2012. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http.y/www.natureserve.org/explorer. (Accessed: June 14, 2012).

8/2/2018 Commonwealth of Virginia Mail - Fwd: OCR p

Commonwealth of „ Virginia Howard, Janine <[email protected]> ®

p - > — • m

Fwd: OCR M ^ . . . - . . . . . . ©

nhreview, rr <[email protected]> Thu, Aug 2, 2018 at 1:02 PM ^ To: Janine Howard <[email protected]>

Hi Janine,

Yes, that is correct.

Thanks for checking,

Barbara Gregory Senior Project Review Assistant DCR-Division of Natural Heritage 600 East Main Street, 24th Floor Richmond, VA 23219 804-225-2821

Forwarded message — From: Rhur, Roberta <[email protected]> Date: Wed, Aug 1, 2018 at 3:29 PM Subject: Fwd: DCR To: "nhreview (DCR)" <[email protected]>

Please respond to Janine's question

Thank you Forwarded message

From: Howard, Janine <[email protected]> Date: Wed, Aug 1, 2018 at 3:00 PM Subject: Re: DCR To: "Rhur, Roberta" <[email protected]>

Hi Robbie,

Regarding OCR's comments on 18-089S (Chesterfield-Hopewell Transmission Line Partial Rebuild), would you please confirm that "Section 1" refers to the work that is being performed at Chesterfield Substation where Structures #2 and #3 are being replaced and "Section 2" refers to the 46 structures being replaced between Structure #19 and Hopewell Substation?

Thank you,

Janine Howard

Environmental Impact Review Coordinator

Virginia Department of Environmental Quality

1111 East Main Street, Suite 1400

Richmond, Virginia 23219

t: (804) 698-4299

f: (804) 698-4178 httpsJ/mall.google.com/mail/7ui=2&ik=44cO48db89&j8ven=lqHKfC4wOS8.en.&cbl=gmail_fe_18O729.15_p1&vlew=pt&msg=164fb98449b7c910Ssearc... 1/2

7/24/2018 Commonwealth of Virginia Mail - ESSLog# 39233_18-189S_Chesterfield-HopewellRebuild_DGIF_AME20180720

Commonwealth of

Virginia Howard, Janlne <[email protected]> m <0 &

© ESSLog# 39233_18-189S_Chesterfield-HopewellRebuild_DGIF_AME20180720 M

Fri, Jul 20, 2018 at 3:50 PM © Amy Ewing <[email protected]> To: Janine Howard <[email protected]> Co: rr nhreview <[email protected]>, Robert Greenlee <[email protected]>

Janine,

We have reviewed the subject project that proposes to rebuild existing transmission lines located at 1) Chesterfield PowerStation; and 2 along an already-disturbed corridor from southern Chesterfield to Hopewell, including across the Appomattox River, Cabin Creek and Cattail Creek. We document federal Endangered Atlantic sturgeon from the project area. Both the James River and Appomattox River have been designated Threatened and Endangered Species Waters due to the presence of this species. In addition, these waters, and many of their tributaries, have been designated Anadromous Fish Use Areas. To best protect anadromous fishes, including Atlantic sturgeon, from harm we recommend that instream work, whether resulting In permanent or temporary impacts, adhere to a time of year restriction from February 15 through June of any year. In addition, we recommend that any such instream work in the Appomattox River or James River also adhere to a time of year restriction protective of Atlantic sturgeon fall spawning from August 1 through November 15 of any year. We recommend conducting any in-stream activities during low or no-flow conditions, using non-erodible cofferdams or turbidity curtains to isolate the construction area, blocking no more than 50% of the streamflow at any given time, stockpiling excavated material in a manner that prevents reentry into the stream, restoring original streambed and streambank contours, revegetating barren areas with native vegetation, and implementing strict erosion and sediment control measures. To minimize harm to the aquatic environment and its residents resulting from use of the Tremie method to install concrete, installation of grout bags, and traditional pouring of concrete, we recommend that such activities occur only in the dry, allowing all concrete to harden and cure prior to contact with open water. Due to future maintenance costs associated with culverts, and the loss of riparian and aquatic habitat, we prefer stream crossings to be constructed via clear-span bridges. However, if this is not possible, we recommend countersinking any culverts below the streambed at least 6 inches, or the use of bottomless culverts, to allow passage of aquatic organisms. We also recommend the installation of floodplain culverts to carry bankfull discharges.

We also document state Threatened loggerhead shrikes from the project area. However, areas contained within and adjacent to the project areas do not appear to provide suitable habitat for this species. Therefore, we do not anticipate the proposed work to result in significant adverse impacts upon this species.

Bald eagle nests and concentration zones have been documented from the project area. We recommend that the applicant ensure that this project is consistent with state and federal guidelines for protection of bald eagles; and that he coordinate as indicated with the U.S. Fish and Wildlife Service regarding possible impacts upon bald eagles or the need for a federal bald eagle take permit.

This project is located within 2 miles of a documented occurrence of a state or federal threatened or endangered plant or insect species and/or other Natural Heritage coordination species. Therefore, we recommend coordination with VDCR-DNH regarding the protection of these resources.

We recommend coordination with the USFWS regarding potential impacts upon federally Threatened northern long-eared bats associated with tree removal.

To minimize the adverse Impacts of linear utility/road project development on wildlife resources, we offer the following general recommendations: avoid and minimize impacts to undisturbed forest, wetlands, and streams to the fullest extent practicable; maintain naturally vegetated buffers of at least 100 feet in width around wetlands and on both sides of

hUpsy/mail.google.com/mail/?ui=2&ik=44c048db89&jsver=FNQ3PNISPMI.en.8icbl=gmail_re_180717.14_p6&view=pt&msg=164b93e00e356d61&sear... 1/2

7/24/2018 Commonweallh of Virginia Mail - ESSLog# 39233_18-189S_Chesterfield-HopewellRebuild_DGIF_AME20180720

perennial and intermittent streams, where practicable; conduct significant tree removal and ground clearing activities outside of the primary songbird nesting season of March 15 through August 15; and, implement and maintain appropriate erosion and sediment controls throughout project construction and site restoration. We understand that adherence to these general recommendations may be infeasible in some situations. We are happy to work with the applicant to develop project-specific measures as necessary to minimize project impacts upon the Commonwealth's wildlife resources.

http3://mail.google.com/mall/?u!=2&!k=44c048db89&jsver=FNQ3PNISPMI.en.&cbl=gmail_fe_180717.14_p6&vlew=pt&msg=164b93e00e356d61&8oar...

Thanks,

Amy

Environmental Services Biologist

Manager, Fish and Wildlife Information Services

P 804.367.2211

A 7870 Villa Park Drive, P.O. Box 90778, Henrico, VA 23228-0778

www.dgif.virginia.gov

CONSERVE. CONNECT. PROTECT

7/24/2018 Commonwealth of Virginia Mail - SCC Chesterfield-Hopewell Lines #211 & #228 (DEQ #18-0893; DHR File No. 2018-0117)

J\^ Commonwealth of Virginia Howard, Janine <[email protected]>

&

' ' ' •" 1 jJntiJl SCC Chesterfield-Hopewell Lines #211 & #228 (DEQ #18-0898; DHR File No. 2018- @ 0117) M

Klrchen, Roger <[email protected]> Tue, Jul 24, 2018 at 4:28 PM To: Janine Howard <[email protected]>

Janine -

DHR has provided comments directly to Dominion regarding the pre-application analysis Included as Attachment 2.H.1 to the DEQ Supplement of the SCC Application. We have reviewed the application and find that our previous comments (see attached) remain valid.

Roger

Roger W. Kirchen, Director Review and Compliance Division Department of Historic Resources 2801 Kensington Avenue Richmond, VA 23221 phone: 804-482-6091 www. dhr. virginia.gov

« 2018-0117.pdf ^ 162K

httpsJ/mall.google.com/mall/?ui=2&ik=44c048db89&jsver=FNQ3PNISPMI.en.&cbl=gmall_fe_180717.14_p6&view=pt&msg=164cdfb543d0d6e2&sear... 1/1

COMMONWEALTH of VIRGINIA m

Department of Historic Resources Mdii strickier 2801 Kensington Avenue, Richmond, Virginia 23221 Julic v- '-""S0" Secretary of Natural Resources Director

Tel: (804) 367-2323 Fox: (804)367-2391 \vww.dhr.virijinla.(jov

June 14,2018

Ms, Amanda Mayhew Dominion Virginia Power 701 East Gary Street Richmond, VA 23219

Re: Chesterfield to Hopewell Line #211/228 Rebuild Project - Pre-Application Analysis Chesterfield and Prince George Counties and the City of Hopewell DHR File No. 2018-0117

Dear Ms. Mayhew:

We have received for review the study entitled Stage I Pre-Application Analysis for the Proposed Chesterfield to Hopewell Line #211/228 Rebuild Project, Chesteifield and Prince George Counties and the City of Hopewell prepared by Stantcc Consulting Services Inc. in accordance with Section I of DHR's Guidelines for Assessing Impacts of Proposed Electric Transmission Lines and Associated Facilities on Historic Resources in the Commonwealth of Virginia (2008). The following conunents are provided as technical assistance to Dominion in the preparation of an application to the State Corporation Commission (SCC). We have not been notified by any Federal agency of their involvement in this project; however, we reserve the right to provide additional comment pursuant to the National Historic Preservation Act, if applicable.

Dominion's pre-application analysis considers the potential impact of the proposed project on recorded archaeological sites and on known historic architectural properties listed or previously determined eligible for listing in the Virginia Landmarks Register (VLR) and the National Register of Historic Places (NRHP) within a tiered study area. DHR's comments on the pre-application analysis are provided in the attached table and utilize the following scale in describing impacts:

• None - Project is not visible from the property • Minimal - Occur within viewsheds that have existing transmission lines, locations where there will

only be a minor change in tower height, and/or views that have been partially obstructed by intervening topography and vegetation.

Western Region Office 962 Kime Lane

Salem, VA 24153 Tel: (540) 387-5443 Fax: (540) 387-5446

Northern Region Office 5357 Main Street

PO Box 519 Stephens City, VA 22655

Tel: (540) 868-7029 Fax: (540) 868-7033

Eastern Region Office 2801 Kensington Avenue

Richmond, VA 23221 Tel: (804) 367-2323 Fax: (804)367-2391

June 14, 2018 DHR File No. 2018-0117

a

• Moderate - Include viewsheds with expansive views of the transmission line, more dramatic ^ changes in the line and tower height, and/or an overall increase in the visibility of the route from the p historic properties.

• Severe - Occur within viewsheds that do not have existing transmission lines and where the views are primarily unobstructed, locations where there will be a dramatic increase in tower visibility due to the close proximity of the route to historic properties, and viewsheds where the visual introduction of the transmission line is a significant change in the setting of the historic properties.

To summarize, the pre-application analysis identifies six (6) VLR/NRHP-listed architectural resources, four (4) VLR/NRHP-eligible architectural resources, and an additional six (6) battlefields, within the tiered study area. Based upon a review of the information provided, we concur that the proposed project will have minimal impacts on ten (10) identified architectural resources and no impact to six (6) identified architectural resources. See the attached table for detailed recommendations. The project also crosses five (5) recorded archaeological sites. Impacts to these resources should be considered as part of the additional studies recommended below.

Impacts to unrecorded and/or unevaluated archaeological and historic architectural resources remain unassessed. In accordance with Section II of the above-referenced Guidelines and to fully identify and address impacts to historic resources, we recommend the following:

1. Comprehensive archaeological and architectural surveys in accordance with DHR guidelines by qualified professionals prior to construction of any SCC-approved alternative.

2. Evaluation of all identified resources for listing in the VLR/NRHP. 3. Assessment of potential direct and indirect impacts to all VLR/NRHP-eligible/listed resources,

including previously inaccessible properties. 4. Avoidance, minimization, and/or mitigation of moderate to severe impacts to VLR/NRHP-

eligible/listed resources by Dominion in consultation with DHR and other stakeholders.

Thank you for the opportunity to review this apphcation. If you have any questions concerning these comments, please contact me at [email protected].

RogefW. Kirchen, Director Review and Compliance Division

c: Ms. Ellen Brady, Stantec

Western Region Office 962 Kirae Lano

Salem, VA 24153 Tel: (540)387-5443 Fox: (540) 387-5446

Northern Region Office 5357 Main Street

PO Box 519 Stephens City.VA 22655

Tel: (540) 868-7029 Fox:(540)868-7033

Eastern Region Office 2801 Kensington Avenue

Richmond. VA 23221 Tel: (804) 367-2323 Fax:(804)367-2391

ATTACHMENT June 14, 2018 DHR File No. 2018-0117

Previously Recorded Architectural Resources Considered under the Stage I Pre-Application Guidelines

VDHR#

020-0121

020-0123

020-0232/ 043-0033-0059

020-0506

020-5317/ VA 047

020-5318/ VA 050

020-5319/ VA 054

020-5320/ VA 053

043-0033

043-0307/ VA 075

074-0024

116-5001

116-5021

116-5030

116-5031

123-5025/ VA 063

Resource Name

Osborne's Naval Battle Site

Point of Rocks, 1005 Point of Rocks Road Howlelt Line/Parker's Battery/Parker's Battery' Earthworks Enon Park/Earthworks/Point of Rocks Park Port Walthall Junction Battlefield, Indian Hills Road Swift Creek Battlefield/Arrowficld Church Ware Bottom Church Battlefield Proctor's Creek Battlefield/ Drewry's Bluff (2nd) Battlefield/ Fort Darling/ Fort Drewry Richmond National Battlefield Park Battle of Chaffin's Farm/New Market Heights Battlefield Federal Correctional Institution, Hopewell Road Courthouse/Hopcwell Municipal Building, 300North Main Street Farmingdale Plantation/Hcretick Farm/Kippax Plantation, 999 Bland Avenue Hopewell High School/Hopewel! High School Complex/James E. Mallonee Building, 1201 City Point Road Downtown Hopewell Historic District Assault on Petersburg/Petersburg Battlefield II

VDHR/NRHP Status

NRHP-Eligible

NRHP-Listed

Potentially Eligible

NRHP-Eligible

NRHP-Eligible




NRHP-Listed


NRHP-Eligible

NRHP-Listed

NRHP-Listed

NRHP-Listed

NRHP-Listed


Stantec Impact

May 2018

None

Minimal

Minimal

Minimal

Minimal

Minimal

Minimal

Minimal

Minimal

None

Minimal

None

None

None

None

Minimal

DHR Impact

June 2018

None

Minimal

Minimal

Minimal

Minimal

Minimal

Minimal

Minimal

Minimal

None

Minimal

None

None

None

None

Minimal

v3 hS

Mark K. I l>nn Din-'i-lor

July 25, 2018

Ms. Janlne Howard Department of Environmental Quality Office of Environmental Impact Review 1111 East Main Street Richmond, Virginia 23219

Re: Chesterfield-Hopewell 230 kV Transmission Line, SCC Application Number 285 Project Number 18-089S

Dear Ms. Howard:

Thank you for requesting our comments regarding the Chesterfield-Hopewell 230 kV Transmission Line, SCC Application Number 28S, Project Number 18-089S.The Virginia Department of Aviation has reviewed the document provided and would like to offer our comments.

As presented, the project, in general may have several impacts with respect to airspace penetrations, however the determination would have to follow the Federal Aviation Administration Regulations and their requirements. Of these regulations, we would ask that the applicant avoid or to proceed in a manner to mitigate any potential hazards created by the proposed development.

To prevent the creation of a hazardous condition concerning an airport, potential airport development or navigable airspace due to the nature of the proposed project, the Department recommends the project sponsor follow the requirements of the Federal Aviation Regulations and provide notice to the Federal Aviation Administration regarding the proposed construction or alteration. Should the following conditions occur, a Form 7460-1 Notice of Proposed Construction or Alteration must be submitted to examine the impacts to the Nation's Air System. This Notice must be filed according to the Federal Aviation Regulations.

In general, the Form 7460-1 Notice of Proposed Construction or Alteration should be filed with the Eastern Regional Office, Air Traffic Division of the FAA where the proposed project at any time would:

1) Exceed 200 feet In height above the ground or surface at its site.

2) Involve any construction or alteration at any height greater than the imaginary surfaces

Department of Aviation 5 702 Gulfstream Road

Richmond, Virginia 23250-2422

VrrDD'(K(M)23fi0r04 KX .(fHH)236 3635

100 DOAVAS 20180725 Chesterfield Hopewell 230kv Double Circuit Line SCC Application Number 285

Identified in FAR Part 77 extending outward and upward 20,000 feet of any runway at a public-use, military or airport under construction for public-use having a runway of S,200 feet in length.

3) Involve any construction or alteration at any height greater than the imaginary surfaces identified in FAR Part 77 extending outward and upward 10,000 feet of any public-use, military or airport under construction for public-use having a runway of less than 3,200 feet in length.

Further coordination with the Federal Aviation Administration will be necessary to ensure compliance with these Regulations or to verify the need for further study of the impacts created by the proposed project. The Department reserves the right to issue comments on these projects at a later time, should further study regarding the potential impacts be warranted.

A potential aspect of concern that our review has raised is the impacts created for the development and safety at either the Richmond International or the Richmond Executive-Chesterfield County Airports . The project may involve significant changes that will impact the ability of these airports to pursue development intended to improve the safety and utility of each respective airport. At this time, we would ask that the project consider close coordination with all affected parties as to determine the size and scope of these impacts.

The Department appreciates the consideration you have given to us by requesting our comments on this project. Please do not hesitate to contact me should you have any questions or require further assistance regarding the Department's review of these projects.

09 © m p a u ©

Manager, Planning and Environmental Section Airport Services Division

100 DOAVAS 20180725 Chestarfleld Hopewell 230kV Double Circuit Line SCC Application Number 285

8/6/2018 Commonwealth of Virginia Mail - Re: Scanned from a Xerox Multifunction Printer

R Commonwoallh of Virginia Howard, Janine <[email protected]> ®

- - - - e Re: Scanned from a Xerox Multifunction Printer y

- - - m Rusty Harrington <[email protected]> Fri, Aug 3, 2018 at 2:19 PM H1

To: "Howard, Janine" <[email protected]>

Hi Janine,

Here are the contacts you had requested. They are expecting to hear from you and/or Dominion Energy.

Richmond International:

John Rutledge Director of Planning and Engineering [email protected] (804) 226-3017

Richmond Executive- Chesterfield County:

Patrick Driscoll Airport Administrator [email protected] (804) 768-7700

Jeremy Wilkinson [email protected] (804) 743-0771

Have a great weekend.

Best regards,

Rusty

On Fri, Aug 3, 2018 at 12:36 PM, Howard, Janine <[email protected]> wrote: Hi Rusty,

Could you please provide a contact name an number for both Richmond International Airport and Richmond Executive-Chesterfield County Airport? I would like to include the recommendation to coordinate with these airports and it would be most helpful if I could refer Dominion to an appropriate contact person.

Thank you for your help,

Janine Howard

Environmental Impact Rexiew Coordinator

j Virginia Department of Environmental Quality

1 1111 East Main Street, Suite 1400

Richmond, Virginia 23219

t: (804) 698-4299

f: (804) 698-4178

https://mall.google.com/mail/?ui=2&ik=44c048db89&jsver=ycJAGvBgNdM.en.&cbl=gmall_fe_180731.14_p3&vlew=pt&msg=1650103fde908c06&3ear... 1/2

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

MEMORANDUM

TO: Janine Howard, DEQ/EIR Environmental Program Planner

FROM: Katy Dacey, Division of Land Protection & Revitalization Review Coordinator

DATE: June 15, 2018

COPIES: Sanjay Thirunagari, Division of Land Protection & Revitalization Review Manager; file

SUBJECT: Environmental Impact Review: EIR Project No 18-089S Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild; Application No. 285, Chesterfield County, City of Hopewell, VA

The Division of Land Protection & Revitalization (DLPR) has completed its review of the EIR filed with the State Corporation Commission of Virginia on May 15, 2018 for the Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild project located in Chesterfield County and the City of Hopewell, Virginia.

Project Scope: rebuild approximately 8.2 miles section of the existing 11 mile 230kV transmission lines, two structures near the Chesterfield substations and minor equipment replacements at both substations for line #211 and #228

Solid and hazardous waste issues were addressed in the submittal. The submittal did indicate that a search of Federal or State environmental databases was conducted. DLPR staff conducted a search (0.25 mile radius of project corridor) of solid and hazardous waste databases (including petroleum releases) to identity waste sites in close proximity along the project corridor. DLPR search did not identity any additional sites along the project corridor which might impact the project that were not already listed within the submittal. Additionally, no waste sites of possible concern were located within the zip codes searched of the project corridor, 23836 and 23860; as a result, DLPR staff has no project specific comments.

PROJECT SPECIFIC COMMENTS

None

GENERAL COMMENTS

Soil, Sediment. Groundwater, and Waste Management

p

©

Any soil, sediment or groundwater that is suspected of contamination or wastes that are generated must be d tested and disposed of in accordance with applicable Federal, State, and local laws and regulations. Some M of the applicable state laws and regulations are: Virginia Waste Management Act, Code of Virginia © Section 10.1-1400 et seq.\ Virginia Hazardous Waste Management Regulations (VHWMR) (9VAC 20- ^ 60); Virginia Solid Waste Management Regulations (VSWMR) (9VAC 20-81); Virginia Regulations for the Transportation of Hazardous Materials (9VAC 20-110). Some of the applicable Federal laws and regulations are: the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Section 6901 et seq., and the applicable regulations contained in Title 40 of the Code of Federal Regulations; and the U.S. Department of Transportation Rules for Transportation of Hazardous Materials, 49 CFR Part 107.

Pollution Prevention - Reuse - Recycling

Please note that DEQ encourages all construction projects and facilities to implement pollution prevention principles, including the reduction, reuse, and recycling of all solid wastes generated. All generation of hazardous wastes should be minimized and handled appropriately.

If you have any questions or need further information, please, contact Katy Dacey at (804) 698-4274.

COMMONWEALTH of VIRGINIA a

Molly Joseph Ward Scorctary of Natural Resources

DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 Fax: 804-698-4019-TDD (804) 698-4021

www.deq. Virginia. gov

David K. Paylor Director

(804)698-4020 1-800-592-5482

M E M O R A N D U M

TO: Janine Howard, DEQ Office of Environmental Impact Review

FROM: Heather Mackey, DEQ Principal Environmental Planner

DATE: August 6,2018

SUBJECT: DEQ #18-0898 - Chesterfield/Hopewell #211 and #228 230 kV Transmission Line Partial Rebuild

We have reviewed the Environmental Impact Report submittal for the proposed project and offer the following comments regarding consistency with the provisions of the Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations):

In Chesterfield and Prince George counties and the City of Hopewell, the areas protected by the Chesapeake Bay Preservation Act (CBPA), as locally implemented, require conformance with performance criteria. These areas include Resource Protection Areas (RPAs) and Resource Management Areas (RMAs) as designated by the local government. RPAs include tidal wetlands, certain non-tidal wetlands and tidal shores. RPAs also include a 100-foot vegetated buffer area located adjacent to and landward of these features and along both sides of any water body with perennial flow. RMAs, which require less stringent performance criteria, include those areas of Chesterfield County not included in the RPAs. Prince George County's designated RMAs include floodplain and nontidal wetlands connected by intermittent streams, and a minimum of 150' adjacent to the RPA. In the City of Hopewell, the RMA is composed of the following concentrations of (one or more of) land categories: floodplains; highly erodible soils, steep slopes greater than 15 percent; highly permeable soils; and nontidal wetlands not included in the Resource Protection Area.

/

The project proposes to rebuild an 8.2 mile section of the 230 kV #211 and #228 transmission lines which run from the existing Chesterfield substation to the Hopewell substation. Generally, the proposed project requires removal and replacement of steel lattice towers, weathering steel poles, and shield wire. As stated in the documentation provided, Section 9VAC-25-830-150.B of the Regulations exempts the "construction, installation, operation, and maintenance" of electric

m

transmission lines and their appurtenant structures in accordance with regulations promulgated ff pursuant to the Erosion and Sediment Control Law and the Virginia Stormwater Management <3 Act, including an erosion and sediment control plan and a stormwater management plan M approved by the Department of Environmental Quality^ or local water quality protection criteria 'Q at least as stringent as the above state requirements. ^

Provided the above conditions are met, the proposed activity would be consistent with the Regulations and the Chesapeake Bay Preservation Act.

2

4$ MEMORANDUM ©

DEPARTMENT OF ENVmONMENTAL QUALITY J Piedmont Regional Office ^

4949-A Cox Road Glen Allen, VA 23060 804/527-5020 # 1 ^ ^ • • M M p

TO: Janine Howard Environmental Program Planner

FROM: Kelley West Environmental Planner

DATE: July 2, 2018

SUBJECT: Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild, Application No. 285 (18-089S)

I have reviewed the State Corporation Commission Application for the above referenced project by Dominion Energy Virginia proposes to rebuild entirely within an existing right of way an approximately 8.2- mile segment of an existing 11 mile 230 kV transmission lines #211 and #228. These lines run from the company's existing Chesterfield Substation in Chesterfield County to the company's existing Hopewell Substation in the City of Hopewell. Two structures will be rebuilt and minor equipment replacements will also take place for lines #211 and #228. My comments are as follows:

Water: The transmission line will cross the Appomattox River, Cabin Creek and Cattail Creek. The section of the Appomattox River the proposed power line will cross is impaired for fish consumption use due to PCB's in fish tissue. Aquatic life use is not supporting due to low amounts of submerged aquatic vegetation. Recreation use is not supporting due to E.coli violations. Whichever alternative is chosen, please consider the Fish Advisory for PCB's and use dielectric fluid that does not contain PCB's. This will add an extra layer of precaution in case any fluids- leach into the waterway.

DEQ has regulatory authority for the Virginia Pollutant Discharge Elimination System (VPDES) programs related to municipal separate stonn sewer systems (MS4s) and construction activities. Erosion and sediment control measures are addressed in local ordinances and State regulations. Additional information is available at http://www.deq.virginia.gov/Programs/Water/StormwaterManagement.aspx. Non-point source pollution resulting from this project should be minimized by using effective erosion and sediment control practices and structures. Consideration should also be given to using permeable paving for parking areas and walkways where appropriate and denuded areas should be promptly revegetated following construction work. If the total land disturbance exceeds 10,000 square feet, an erosion and sediment control plan will be required. Some localities also require an E&S plan for disturbances less than 10,000 square feet. A Stonnwater Management Plan may also be required. For any land disturbing activities equal to one acre or more, you are required to apply for coverage under the VPDES General Permit for Discharges of Storm Water from Construction Activities. The Virginia Stonnwater Management Permit (VSMP) Authority may be DEQ or the

locality. In this case, Chesterfield County and Hopewell are the VSMP authority. Specific ® questions regarding the Stormwater Management Program requirements should be directed to the p counties first, and follow up DEQ-related questions can be directed to Allison Dunaway at (804) 527-5086. W

<9 The SCC application discussed impacts to wetlands. DEQ-PRO recommends that all construction activities (i.e. tower/pole location) avoid wetlands to the maximum extent possible. A Virginia Water Protection (VWP) permit is not required since a Nationwide Permit from the ACOE will be issued. For any questions or additional information concerning VWP Permit requirements, please contact Allison Dunaway at (804) 527-5086.

Air: DEQ-PRO recommends the proposed actions shall operate in a manner consistent with air pollution control practices for minimizing emissions, especially during periods of high ozone. Fugitive dust should be kept to a minimum, (9 VAC5-50-60). For further questions concerning air quality issues, please contact James Kyle at (804) 527-5047.

Waste: The generation or recovery of any hazardous waste materials should be tested and removed in accordance with the Virginia Hazardous Waste Management Regulations (9 VAC 20-60) and/or the Virginia Solid Waste Management Regulations (9 VAC 20-81). Please understand that it is the generator's responsibility to determine if a solid waste meets the criteria of a hazardous waste and as a result be managed as such. In addition, asbestos waste, lead waste, or contaminated residues generated must be handled and disposed of in accordance with the VSWMR or VHWMR as applicable. DEQ recommends that pollution prevention principles be implemented to reduce the amount of wastes at the source, such as the re-use and recycling of construction waste materials. If you have any questions concerning hazardous/solid waste management, please contact Jason Miller at (804)527-5028.

7/24/2018 Commonwealth of Virginia Mall - Re: NEW PROJECT SCC Chesterfield-Hopewell Lines #2114 #228 DEQ #18-089S

Commonwealth of > Virginia Howard, Janine <[email protected]>

Re: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0898

Warren, Arlene <[email protected]> Fri, Jul 20, 2018 at 10:22 AM To: Janine Howard <[email protected]>

Project Name: Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild, Application No.285 Project #: 18-089 S UPC#: N/A Location: Chesterfield County, City of Hopewell

VDH - Office of Drinking Water has reviewed the above project. Below are our comments as they relate to proximity to public drinking water sources (groundwater wells, springs and surface water intakes). Potential impacts to public water distribution systems or sanitary sewage collection systems must be verified by the local utility.

There are no public groundwater wells within a 1-mile radius of the project site.

The following surface water intakes are located within a 5-mile radius of the project site: PWSID Number 3670800

System Name VIRGINIA-AMERICAN WATER CO

Facility Name APPOMATTOX RIVER

The project is within the watershed of the following public surface water sources (facilities where the project falls within 5 miles of the intake and is within the intake's watershed are formatted in bold):

PWSID Number 3670800

System Name VIRGINIA-AMERICAN WATER CO

Facility Name APPOMATTOX RIVER

Best Management Practices should be employed, including Erosion & Sedimentation Controls and Spill Prevention Controls & Countermeasures on the project site.

Materials should be managed while on site and during transport to prevent impacts to nearby surface water.

The Virginia Department of Health - Office of Drinking Water appreciates the opportunity to provide comments. If you have any questions, please let me know.

Best Regards,

Arlene Fields Warren

CIS Program Support Technician

Office of Drinking Water

Virginia Department of Health

109 Governor Street

Richmond, VA 23219

htlpsj/mall.google.co m/mall/?ul=2&lk=44c048db89&Jsver=FNQ3PNISPMI.en.&cbl=gmail_fe_180717.14_p6&vlew=pl&msg=164b811ee94ac25e&8ear... 1/3

8/1/2018 Commonwealth of Virginia Mall - Fwd: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 &#228 DEQ #18-0898

Commonwealth of Virginia Howard, Janine <[email protected]>

Fwd: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0898

• Forwarded message • From: Ronald Svejkovsky <[email protected]> Date: Wed, Aug 1, 2018 at 10:22 AM Subject: RE: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0893 To: Elizabeth Jordan <[email protected]>

Elizabeth,

I like Janine's proposed language for VDOT.

Sorry we have been slow getting back to you on this one - the person who was doing these left to take another job.

a

Jordan, Elizabeth <[email protected]> Wed, Aug 1, 2018 at 11:07 AM N5

To: Janine Howard <[email protected]> Cc: James Cromwell <[email protected]>, Ronald Svejkovsky <[email protected]>

Hi Janine,

As per Ron's email below, please include the VDOT language you've referenced below regarding a land use permit.

Thanks, and sorry for the delayed response,

Liz

Elizabeth G. Jordan, Ph.D. Environmental Program Planner I Virginia Department of Transportation 1401 E. Broad Street, Richmond, VA 23219 I 804-371-0877

Ron Svejkovsky

District Planning Manager

VDOT-Richmond District

804-524-6215

2430 Pine Forest Drive

Colonial Heights, VA 23834

hltps://mall.google.com/mall/?ul=2&lk=44c048db89&jsven=ql46pf4-uul.en.&cbl=gmail_fe_180726.14_p4&view=pt&msg=164f607b6d41d7af&3earch=l... 1/5

8/1/2018 Commonwealth of Virginia Mail - Fwd: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEO #18-089S

From: Jordan, Elizabeth <[email protected]> Sent: Wednesday, August 01, 2018 9:55 AM To: Ronald Svejkovsky <[email protected]> Subject: Fwd: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ#18-0895

Hello Ron,

Please see Janine's email below.

Thanks,

Liz

Elizabeth G. Jordan, Ph.D.

Environmental Program Planner I Virginia Department of Transportation

1401 E. Broad Street, Richmond, VA 23219 I 804-371-0877

Forwarded message From: Howard, Janine <[email protected]> Date: Wed, Aug 1, 2018 at 9:43 AM Subject: Re: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-089S To: Janine Howard <[email protected]> Cc: James Cromwell <[email protected]>, Elizabeth Jordan <[email protected]>

Good Morning,

I have not heard from VDOT on this power line rebuild project. The DEQ Supplement states that the project corsses 42 public and private roads including low traffic country roads to urban arterials to limited access highways.

Please let me know ASAP if you would like me to include the requirement to obtain a VDOT land use permit for any work that will occur in the VDOT ROW.

Thanks,

Janine Howard

Environmental Impact Review Coordinator

https-J/mail.google.com/mall/?ul=2&ik=44c048db89&Jsver=qM6pf4-uul.en.&cbl=gmail_fe_180726.14_p4&view=pt&msg»164f607b6d41d7af&search»l..

7/24/2018 Commonwealth of Virginia Mail - RE: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0893

RE: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0898

IM3 JK Commonwealth of

Jw Virginia Howard, Janine <[email protected]> ^

£3

Mark Eversole <[email protected]> Tue, Jul 24, 2018 at 4:21 PM ^ To: Janine Howard <[email protected]> ^

Janine, based on a desktop review of the information and mapping provided, it appears that a permit will be required by the Marine Resources Commission for this project, for the crossing of the Appomattox River as well as any smaller stream crossings within the jurisdiction of the Marine Resources Commission.

Mark Eversole

Environmental Engineer

Virginia Marine Resources Commission

2600 Washington Avenue

Newport News, Virginia 23669

O) 757-247-8028

From: Howard, Janine [mailto:[email protected]] Sent: Tuesday, July 24, 2018 4:14 PM To: Janine Howard <[email protected]> Cc: Keith Tignor<[email protected]>; Roger Kirchen <[email protected]>; Mark Eversole <[email protected]>; James Cromwell <[email protected]>; Elizabeth Jordan <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; Russell Harrington <[email protected]> Subject: Re: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ#18-0895

Good Afternoon,

A reminder to please submit any comments you have on this project ASAP. I will begin drafting the report on this project shortly.

Thank you,

Janine Jfowarcf

Environmental Impact Review Coordinator https://ma!l.google.com/mall/?ui=28uk=44c048db89&jsver=FNQ3PNISPMI.en.&cbl=gmail_fe_180717.14_p6&view=pt&msg=164cdf3eb01683d8&sear... 1/3

6/18/2018 Commonwealth of Virginia Mail - RE: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0898 N"

Jk Commonwealth of VirQiniS Howard, Janine <[email protected]> ^

p - - ^ . <3

RE: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0898 M

ImpactReview <[email protected]> Fri, Jun 15, 2018 at 2:56 PM To: "Fulcher, Valerie" <[email protected]>, "Howard, Janine (DEQ)" <[email protected]>

Ms. Howard and Ms. Fulcher,

The Virginia Outdoors Foundation has completed the review of the project referenced above. As described, and as of 15 June 2018, this project does not appear to impact any existing or proposed VOF open-space easements.

Please contact VOF again for further review if the project area changes or if this project does not begin within 24 months. Thank you for considering conservation easements.

Thanks,

Mike

Mike Hallock-Solomon, AICP

Virginia Outdoors Foundation

From: Fulcher, Valerie [mailto:[email protected]] Sent: Thursday, June 14, 2018 9:34 AM To: rrdgif-ESS Projects <[email protected]>; Keith Tignor <[email protected]>; Roberta Rhur <[email protected]>; odwreview (VDH) <[email protected]>; Katy Dacey <[email protected]>; Kotur Narasimhan <[email protected]>; Michelle Henicheck <[email protected]>; Lawrence Gavan <[email protected]>; Daniel Moore <[email protected]>; Holly Sepety <[email protected]>; West, Kelley <[email protected]>; Roger Kirchen <[email protected]>; Mark Eversole <[email protected]>; James Cromwell <[email protected]>; Elizabeth Jordan <[email protected]>; [email protected]; Sarah Stewart <[email protected]>; [email protected]; [email protected]; [email protected]; Russell Harrington <[email protected]>; ImpactReview <[email protected]> Cc: Howard, Janine (DEQ) <[email protected]> Subject: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0895

Good morning - this is a new OEIR review request/project:

Document Type: SCC Application

Project Sponsor: State Corporation Commission

Project Title: Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild, Application No. 285

https://mail.google.com/mal!/?ul=2&lk=44c048db89&Jsver=nz7oc4zvxrc.en.&cbl«=gmall_fe_180612.09_p5&vlew=pt&msg=16404ce5b98b3372&search... 1/3

7/24/2018 Commonwealth of Virginia Mall - RE: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0898

Howard, Janine <[email protected]> > Commonwealth of

Virginia m a

p

RE: NEW PROJECT SCC Chesterfield-Hopewell Lines #211 & #228 DEQ #18-0898 M . - €

Sarah Stewart <[email protected]> Mon, Jul 16, 2018 at 3:45 PM ^ To: "Howard, Janine (DEQ)" <[email protected]>

Janine,

RRPDC staff inquired with staff of member localities about this project. No comments were received. RRPDC staff have no comments about the proposed project at this time.

Thank you,

Sarah

From: Fulcher, Valerie [mailto:[email protected]] Sent: Thursday, June 14, 2018 9:34 AM To: rr dgif-ESS Projects <[email protected]>; Keith Tignor <[email protected]>; Roberta Rhur <[email protected]>; odwreview (VDH) <[email protected]>; Katy Dacey <[email protected]>; Kotur Narasimhan <[email protected]>; Michelle Henlcheck <[email protected]>; Lawrence Gavan <[email protected]>; Daniel Moore <[email protected]>; Holly Sepety <[email protected]>; West, Kelley <[email protected]>; Roger Kirchen <[email protected]>; Mark Eversole <[email protected]>; James Cromwell <[email protected]>; Elizabeth Jordan <[email protected]>; [email protected]; Sarah Stewart <[email protected]>; [email protected]; [email protected]; [email protected]; Russell Harrington <[email protected]>; [email protected] Cc: Howard, Janine (DEQ) <[email protected]> Subject: NEW PROJECT SCC Chesterfield-Hopewell Unes #211 & #228 DEQ #18-0895

Good morning - this is a new OEIR review request/project:

Document Type: SCC Application

Project Sponsor: State Corporation Commission

Project Title: Chesterfield-Hopewell Lines #211 and #228 230 kV Transmission Line Partial Rebuild, Application No. 285

Location: Chesterfield County, City of Hopewell

Project Number: DEQ #18-0895

The document is available at:

https://www.dominionenergy.com/about-us/electric-projects/power-line-projects/ chesterfield-hopewell (scroll down the page to "SCC Application").

hUps://mall.google.com/mall/7ui=2&ik°44c048db89&jsver=FNQ3PNISPMI.en.&cbl=gmall_fe_180717.14_p6&vlew"pt&msg=164a4a0051be31S8&q=(i... 1/3

virginia state corporation commission efiling case ...€¦ · convenience and necessity:...

Documents