Commonwealth of Virginia

General Assembly
RICHMOND

November 23, 2015

Mr. David Paylor
Director
Virginia Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218

RE: 60-day extension for comments on the Possum Point draining permit

Dear Director Paylor:
Thank you for the public information session on November 18, 2015 regarding permitting actions for
Dominion's Possum Point coal ash ponds, including the pending VPDES permit modification for draining Pond D.
You and your staff have been very helpful to our fellow lawmakers and the public to help us better understand
this very important issue.
Based on what we have learned so far, we believe the complexity of this issue, and the volume of
technical information related to the permit modification, warrant additional time for public review and
comment. The draft permit and Fact Sheet are over 300 pages, and the proposed dewatering action has never
been undertaken in the Commonwealth of Virginia. Several of Delegate Surovells constituents at the public
hearing told him they only found out about the action through his email message or blog post. It is not clear to
us that the public is fully aware that actions are proceeding.
We should endeavor to do this right from the outset to set a strong, protective precedent for our state.
Moreover, we are not aware of any urgent circumstances that would require the draining of Pond D as soon as
possible.
There also remains a concerning lack of specific information on the volume of metals-laced water to be
discharged and the rate of discharge, as well as scant information on the baseline environmental conditions in
Quantico Creek. DEQs Special Study for assessing contamination in the Creek will not be completed prior to
making a decision on whether to allow the dewatering discharge. Finally, the issue of the surface water
discharge from the Pond D toe drain, which is documented to contain coal ash metals, has not been fully
addressed, and no limits on metals have been proposed for this waste stream.
In light of this, we think the public is best served by having additional time to review the permitting
information, attend the public hearing on December 8, and have the time available following the hearing to
obtain additional information from DEQ to inform public comments. Therefore, we are requesting a sixty-day
extension of the public comment period, which is currently slated to end on December 14, to allow additional

time for review and allow independent consultants to better inform us about potential impacts to receiving
waters and potential public health issues we may want to consider. Alternatively, it seems to us that additional
information is necessary to complete the permit process at least relating to the toe drain. If their application is
incomplete, we would think that would merit additional time.
Thank you for considering this request. Please let us know if you have any information.

Very Truly Yours,

Senator Dave Marsden, 37th District

Delegate David Bulova, 37th District

Delegate Scott A. Surovell, 44th District

Senator-Elect, 36th District