The Virginia Department of Environmental Quality (DEQ) has granted Caroline County officials a permit to pursue a withdrawal of 9 million gallons of water per day from the Rappahannock River, according to a letter from DEQ to the county.
The DEQ granted the permit to the Caroline County Department of Public Utilities for the Caroline County Rappahannock River Water Supply project, to be located at 19095 Tidewater Trail.
That site sits on the property of fifth-generation farmer Cory Garrett and his wife Rebekah, who are locked in a legal battle with the county over it taking a portion of his land through eminent domain.
Joshua Baker, the Garretts’ attorney, said Tuesday that he and his clients are evaluating how the DEQ permit might impact the case, which doesn’t yet have a hearing date in Caroline Circuit Court.
“The Garrett family is committed to challenging the taking of their property and we are evaluating what, if anything the DEQ permit does to the argument that we made in our pleading challenging that taking,” Baker said. “There are a number of issues still unresolved and really have nothing to do with the DEQ component here. Now that piece has been put in place, we’ll be evaluating how best to go forward on that challenge.”
The scope of the project is significant, with the intake facility being on the south side of the Rappahannock River off State Route 17. The raw water pipeline that will connect to the proposed intake facility is estimated to travel 35 miles through U.S. Route 301 and State Route 207, before reaching its terminus at a wastewater treatment plant on Gravel Hill Road off U.S. Route 1 in the Carmel Church area.
It aims to supply residential water to the towns of Port Royal and Bowling Green as well as other parts of Caroline. The project was originally slated to pull more than 13 million gallons per day from the river, partially for industrial cooling in addition to residential water.
But following tense debate at public hearings in 2024 as well as opposition from State Sen. Richard Stuart (R-Westmoreland), officials changed the application to remove “industrial cooling” and lowered the amount to 9 million gallons per day.
The new total amounts to 237 million gallons per month and 1,832 million gallons per year. If there is a declaration of a drought warning, the total decreases to 7 million gallons per day, and 6 million gallons per day if there is a declaration of a drought emergency.
“The permitted withdrawal will be used to provide a municipal public water supply,” DEQ Water Resources Division Director Bryant Thomas wrote to the county. “Other uses are not authorized by this permit.”
DEQ officials stated the legal basis, scientific rationale, and justification for their decision.
They determined that the project qualified for a permit based on information provided in the application and compliance with both the Clean Water Act and state water control law.
“The Department has determined that there is a reasonable assurance that the activity authorized by this permit will protect instream beneficial uses, will not violate applicable water quality standards, and will not cause or contribute to significant impairment of state waters or fish and wildlife resources, provided the permittee complies with all permit conditions,” a summary from DEQ states. “Surface water impacts have been avoided and minimized to the maximum extent practicable.”
The permit is valid for 15 years with no extension. County officials said in 2024 that it will likely take several years to get the project underway.
DEQ Office of Withdrawal Permitting and Compliance Manager Eric Seavey said in a letter to the county that a new permit may be necessary to continue water withdrawal if the county does not meet permit requirements at the end of the 15-year term.
