2023-03-06 18 00-Russell BOS-Regular Meeting-Packet

2023-03-06 18 00-Russell BOS-Regular Meeting-Packet

Document Date: March 6, 2023 Document: 2023-03-06_18_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors March 6, 2023

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – MARCH 6, 2023

BOS Board Room Regular Meeting 6:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL – Clerk of the Board

EXECUTIVE SESSION (CLOSED) – Legal Matters – Economic Development Project – Moss III.
(Executive Session will begin at 5 p.m. and closed to the general public. Citizens are welcome to attend and wait in the boardroom until Executive Session is complete.)

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PRESENTATION

John M. McCoy (Lebanon Fire Department) – Fire Chief Association
Sandy Hess (DSS) – Homeless Shelter Issues

NEW BUSINESS

Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors….……………B-1

a. Unapproved minutes of February 6, 2023

Approval of Expenditures. Consider approval of expenditures presented

for payment………………………………………………………………………………B-2

Agenda Board of Supervisors March 6, 2023

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING AGENDA - MARCH 6, 2023

BOS Board Room Regular Meeting 6:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

CALL TO ORDER & ROLL CALL - Clerk of the Board

EXECUTIVE SESSION (CLOSED) — Legal Matters - Economic Development Project — Moss Ill.

(Executive Session will begin at 5 p.m. and closed to the general public. Citizens are welcome to attend and wait in the boardroom until Executive Session is complete.)

INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA PRESENTATION 4. John M. McCoy (Lebanon Fire Department) — Fire Chief Association 2. Sandy Hess (DSS) — Homeless Shelter Issues NEW BUSINESS

Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors…

a. Unapproved minutes of February 6, 2023

Approval of Expenditures. Consider approval of expenditures presented for payment…

Russell County

Agenda Board of Supervisors March 6, 2023

Russell County Page 2

Committee Appointments for Board Consideration………………………………B-3

Industrial Development Authority (IDA)

Vacant Four-Year Term

Southwest Virginia Community Corrections

Doug Howard Two-Year Term

CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

RC BOS Resolution for Participation in Settlement of Opioid-Related Claims
Against TEVA, Allergan, Walmart, Walgreens, & CVS…………………………….C-1

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

American Electric Power (AEP) Letter of Support for DOE Bipartisan
Infrastructure Law (BIL) Long-Duration Energy Storage Facilities Funding
Opportunity Announcement (FOA)………………………………………………….D-1
Environmental Impact Report (EIR) for the Construction of the Department
of Corrections’ Appalachian Detention Center Wastewater Treatment Plan
Upgrades………………………………………………………………………………….D-2
American Rescue Plan Act Recovery Program Tourism Grant - $30,000……D-3
Virginia General Assembly 2023/24 Budget………………………………………….D-4
VDOT Monthly Road System Report……………………………………………………D-5

REQUESTS

CPWMA User Agreement & 2023/24 Budget…………………………………………D-6
VDOT Notice of Rte. 871 & Rte. T-1211 Abandonment Resolution & Public
Hearing………………………………………………………………….……….…………D-7
National Opioid Settlement Payments - $44,078.41…………………………………D-8

Agenda Board of Supervisors March 6, 2023

-B-3

Committee Appointments for Board Consideration…

Industrial Development Authority (IDA)

Vacant Four-Year Term

Southwest Virginia Community Corrections

Doug Howard Two-Year Term CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes) CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS

RC BOS Resolution for Participation in Settlement of Opioid-Related Claims Against TEVA, Allergan, Walmart, Walgreens, & CVS… ”

COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS

American Electric Power (AEP) Letter of Support for DOE Bipartisan

Infrastructure Law (BIL) Long-Duration Energy Storage Facilities Funding Opportunity Announcement (FOA).

Environmental Impact Report (EIR) for the Construction of the Department of Corrections’ Appalachian Detention Center Wastewater Treatment Plan Upgrades…
American Rescue Plan Act Recovery Program Tourism Grant - $30,000.
Virginia General Assembly 2023/24 Budget
VDOT Monthly Road System Report… REQUESTS
CPWMA User Agreement & 2023/24 Budget…
VDOT Notice of Rte. 871 & Rte. T-1211 Abandonment Resolution & Public Hearing…
National Opioid Settlement Payments - $44,078.41

Russell County Page 2

Agenda Board of Supervisors March 6, 2023

Russell County Page 3

DCJS Local Law Enforcement Block (LOLE) Grant - $2,623.……………………D-9
BOS Budget Meeting Request………………………………………………………….D-10
RC Vehicle Surplus Request………………………………………………………….D-11

BOARD DISCUSSIONS & REMINDERS

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………F • RC IDA …………………………………………………………………………………….G • RC PSA …………………………………………………………………………………… H • Castlewood W&S …………………………………………………………………………I • RC Tourism……………………………………………………………………………….J • RC Planning Commission ………………………………………………………………K • Conference Center………………………………………………………………………L • RC Fitness Center……………………………………………………………………….M • RC Transportation & Safety……………………………………………………………N • RC Cannery Reports…………………………………………………………………….O • RC Building Inspector……………………………………………………………………P • RC Litter Report………………………………………………………………………….Q

Agenda Board of Supervisors March 6, 2023

DCJS Local Law Enforcement Block (LOLE) Grant - $2,623…

10.BOS Budget Meeting Request…

RC Vehicle Surplus Request… BOARD DISCUSSIONS & REMINDERS ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

Treasurer’s Report. RC IDA. RC PSA Castlewood W&S RC Tourism… RC Planning Commission . Conference Center. RC Fitness Cente RC Transportation & Safety. RC Cannery Reports. RC Building Inspecto RC Litter Report

Russell County Page 3

CLOSED SESSION

Motion made by , second by and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A)(5)(7)(8) – Legal Discussions concerning with a Proposed Economic Development Project – Moss III and Polycap Financial Restructure.

The vote was: Aye:
Nay:

CERTIFICATION OF CLOSED SESSION

Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any Supervisors who believe a departure has taken place?

Seeing none, if you agree that the matters heard, discussed, or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace -

Lou Ann Wallace -

Carl Rhea -

Steve Breeding -

David Eaton -

Rebecca Dye -

Oris Christian -

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by , second by and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye:
Nay:

CLOSED SESSION

Motion made by. , second by, and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A)(5)(7)(8) — Legal Discussions concerning with a Proposed Economic Development Project - Moss Ill and Polycap Financial Restructure.

The vote was: Aye: Nay:

CERTIFICATION OF CLOSED SESSION

Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business matters lawfully exempted from the open meeting requirements under the inia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Are there any Supervisors who believe a departure has taken place?

Tim Lovelace - Lou Ann Wallace - Carl Rhea - Steve Breeding - David Eaton - Rebecca Dye - Oris Christian - APPROVAL TO RETURN TO REGULAR SESSION

Motion made by. , second by. and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye:

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Information Item

137 Highland Drive Presenters - Various Lebanon, VA 24266

   Meeting: 3/6/23      6:00 PM

Presentations

John M. McCoy – Fire Chief Association
Sandy Hess (DSS) – Homeless Shelter Issues

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • None

Board of Supervisors Information Item 137 Highland Drive Presenters - Various Lebanon, VA 24266

Meeting: 3/6/23

00 PM

Presentations

John M. McCoy - Fire Chief Association
Sandy Hess (DSS) - Homeless Shelter Issues Staff Recommendation: Presentation — Informational Only. Suggested Motion: Board Discretion.

ATTACHMENTS:

None

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Structure Boots 2010 - $280 Now - $365

Structure Pants 2010 - $550

Now - $1,300

SCBA 2010 - $4,560 Now - $11,500

Nomax Hood 2010 - $30 Now - $56

Helmet 2010 - $228 Now - $295

Gloves 2010 - $63 Now - $112

Fire Engine 2004 - $105 K Now - $450 K

Structure Coat 2010 - $805

Now - $1,300

Traffic Vest 2010 - $30 Now - $45

Flashlight Now - $65

Radio 2004 - $600

Now - $3,000

Diesel 2004 - $1.80/Gal Now - $3.15/Gal

Gasoline 2004 - $1.05/Gal Now - $3.15/Gal

Pager Now - $900

Fire Hose (50 ft Attack)

Now - $142

Cost of Firefighting Equipment Does Not Include Hazmat, Wildland or Other Specialized Rescue Equipment

Fire Department Training Commitment of Volunteers New Firefighters and Instructors *Online Self Paced

Firefighter I

(168 hours)

HazMat Operation

s (36 hours)

Firefighter II

(56 hours

ICS 100 * (3 hours)

ICS 200*
(4.5 hours)

ICS 700*
(5 hours)

ICS 800*
(4 hours)

CPR
(4-8 hours)

WMD *
(4 hours)

TIMS Traffic*

(10 hours)

Narcan
(1 hours)

Intro Technical

Rescue
(32 hours)

327.5 Hours of Initial Classroom Training Equates to using $15,503.85 per student.
The figure is based on the average firefighter salary in Virginia at $62,717 annually. This equates to $30.15 per hour.

When we fully burden the number to include benefits and required taxes/payments at the Virginia fringe rate of 57% (per FEMA), the burdened (actual cost to employee the individual) salary becomes $47.34 per hour.

to using $15,503.85 per student.

327.5 Hours of Initial Classroom Training Equ

When we fully bur

Helmet 2010 - $228 Nomax Hood Now - $295 2010 - $30 Traffic Vest Now - $56 SCBA ae ° on Structure Coat 2010 - $4,560 Now -§1,300 Now - $11,500 Flashlight ows eh Now - $65 Gloves 2010 - $63 Pager Now - $112 Structure Pants Now - $800 2010 - $550 Now - $1,300 Radio a Za 2004 - $600 Structure Boots ¥ gy Now - $3,000 2010 - $280 Now - $365 Fire Hose Gasoline Diesel Fire Engine (50 ft Attack)

2004 -$1.05/Gal 2004 - $1.80/Gal 2004 - $105 K Now - $3.15/Gal Now- $3.15/Gal Now - $450 K Now - $142

 Board of Supervisors                       Action Item B-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

      Meeting: 3/6/23       6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Minutes

Request approval of the minutes from the following meeting:

o Unapproved minutes of February 6, 2023

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item B-1 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 3/6/23 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting: © Unapproved minutes of February 6, 2023

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

Board Minutes

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

February 06, 2023

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, February 06, 2023 beginning with Executive(closed) Session at 5:00 pm followed by the regular meeting at 6:00 pm at the Russell County Conference Center in Lebanon, Virginia.

The Clerk called the meeting to order.

EXECUTIVE (CLOSED) SESSION

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to enter Executive (closed) Session to discuss legal matters pursuant to Section 2.2-3711(A)(5)(7)(8) concerning the Russell County PSA.

The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian
Nay: None

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (I) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of

Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed, or considered in the meeting by the Board of Supervisors.

Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (I) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard, discussed, or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace – AYE Lou Wallace – AYE Carl Rhea – AYE David Eaton – AYE

February 06, 2023

‘A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, February 06, 2023 beginning with Executive(closed) Session at 5:00 pm followed by the regular meeting at 6:00 pm at the Russell County Conference Center in Lebanon, Virginia.

The Clerk called the meeting to order.

EXECUTIVE (CLOSED) SESSION

The vote was: ‘Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Carl Rhea, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of ‘Supervisors upon the Roll Call certifies that to the best of their knowledge (|) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of

Information Act and (i) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed, or considered in the meeting by the Board of Supervisors.

‘Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (I) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Tim Lovelace - AYE Lou Wallace ~ AYE Carl Rhea ~ AYE David Eaton - AYE

Rebecca Dye - AYE Steve Breeding – AYE Oris Christian – AYE

Invocation by Caleb Johnson, followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

PUBLIC HEARING HELD ON PROHIBITING THE LOCATION AND OPERATION OF ABORTION CLINICS IN RUSSELL COUNTY

Pursuant to being advertised in a local newspaper for two (2) consecutive weeks a public hearing was held on an Ordinance Prohibiting the Location and Operation of Abortion Clinics within The Boundaries of Russell County, Virginia. The Chair opened the Public Hearing to comments.

The following citizens spoke in favor of the Ordinance:

Chris Hess, Bristol, Va. Jacquelyn Early, Abingdon, Va. Jony Baker, Lebanon, Va. Eileen Panaswiez, Washington County Bobby Gross James Nunley, Lebanon, Va. Tara Null, Cleveland, Va. Isha Youhas, Washington County Dayton Ownes, Washington County Dr. Mhroos Peters, Abingdon, Va. Cynthia Thop, Lebanon, Va. Dr. Andrew Brockmyre, Washington County Dr. Don Zampogna, Lebanon, Va. Charles Humphey, Washington County Cody Jackson, Cleveland, Va. Nate Kiser, Lebanon, Va. Lynn Hess, Swords Creek, Va.

Brandi Hurley, Cedar Bluff, Va. spoke in opposition to the Ordinance.

Citizens commenting on other matters:

Rebecca Dye - AYE Steve Breeding - AYE Oris Christian — AYE

Invocation by Caleb Johnson, followed by the Pledge of Allegiance to the Flag. ‘APPROVAL OF THE AGENDA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as amended,

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

PUBLIC HEARING HELD ON PROHIBITING THE LOCATION AND OPERATION OF ABORTION CLINICS IN RUSSELL COUNTY

The following citizens spoke in favor of the Ordinance:

Chris Hess, Bristol, Va.

Jacquelyn Early, Abingdon, Va.

Jony Baker, Lebanon, Va.

Eileen Panaswiez, Washington County Bobby Gross

James Nunley, Lebanon, Va.

Tara Null, Cleveland, Va.

Isha Youhas, Washington County Dayton Ownes, Washington County Dr. Mhroos Peters, Abingdon, Va. Cynthia Thop, Lebanon, Va.

Dr. Andrew Brockmyre, Washington County Dr. Don Zampogna, Lebanon, Va. Charles Humphey, Washington County Cody Jackson, Cleveland, Va

Nate Kiser, Lebanon, Va.

Lynn Hess, Swords Creek, Va.

Brandi Hurley, Cedar Bluff, Va. spoke in opposition to the Ordinance.

Citizens commenting on other matters:

Eric Bryant, Gravel Lick, VA stated that all the Board of Supervisors members should resign, he commented that government is failing.

Roy Castle, Castlewood, VA thanked Lou Wallace and the Russell County PSA for quick resolution to an issue in his sub-division.

Wanda Burke, Lebanon, VA asked that the Board consider supporting the Mending Women’s Home in Abingdon with the Opioid settlement funds. She also asked that they support Mark Mero when he returns to Russell County this year.

The Chair closed the public hearing to comments.

Presentation

Kim Smith, Heart of Appalachia gave a short presentation the organization’s activities.

ORGANIZATIONAL MEETING

The Chair relinquished the Chair to the Clerk.

LOU WALLACE ELECTED CHAIRPERSON

David Eaton nominated Steve Breeding Rebecca Dye nominated Lou Wallace

Steve Breeding - three votes: David Eaton, Steve Breeding and Carl Rhea Lou Wallace – four votes: Rebecca Dye, Tim Lovelace, Oris Christian and Lou Wallace

Lou Wallace was elected Chairperson for the calendar year 2023. The Clerk relinquished the Chair to Chairperson Wallace.

ORIS CHRISTIAN ELECTED VICE CHAIRMAN

Carl Rhea nominated David Eaton Tim Lovelace nominated Oris Christian

David Eaton – three (3) votes: Carl Rhea, Steve Breeding and David Eaton Oris Christian- four (4) votes: Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian

Oris Christian was elected vice chairman for the 2023 calendar year.

New Business

APPROVAL OF THE JANUARY 03, 2023 MINUTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the January 03, 2023 minutes and dispense with the reading thereof.

Eric Bryant, Gravel Lick, VA stated that all the Board of Supervisors members should resign, he commented that government is failing.

Roy Castle, Castlewood, VA thanked Lou Wallace and the Russell County PSA for quick resolution to an issue in his sub-division.

‘Wanda Burke, Lebanon, VA asked that the Board consider supporting the Mending Women’s Home in

‘Abingdon with the Opioid settlement funds. She also asked that they support Mark Mero when he

returns to Russell County this year.

The Chair closed the public hearing to comments.

Presentation

Kim Smith, Heart of Appalachia gave a short presentation the organization’s activities. ORGANIZATIONAL MEETING

The Chair relinquished the Chair to the Clerk.

LOU WALLACE ELECTED CHAIRPERSON

David Eaton nominated Steve Breeding Rebecca Dye nominated Lou Wallace

Steve Breeding - three votes: David Eaton, Steve Breeding and Carl Rhea Lou Wallace — four votes: Rebecca Dye, Tim Lovelace, Oris Christian and Lou Wallace

Lou Wallace was elected Chairperson for the calendar year 2023. The Clerk relinquished the Chair to Chairperson Wallace.

ORIS CHRISTIAN ELECTED VICE CHAIRMAN

Carl Rhea nominated David Eaton Tim Lovelace nominated Oris Christian

David Eaton — three (3) votes: Carl Rhea, Steve Breeding and David Eaton Oris Christian- four (4) votes: Tim Lovelace, Lou Wallace, Rebecca Dye and Oris Christian

Oris Chi

in was elected vice chairman for the 2023 calendar year. New Business APPROVAL OF THE JANUARY 03, 2023 MINUTES,

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the January 03, 2023 minutes and dispense with the reading thereof.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea and Oris Christian Nay: None Abstain: Rebecca Dye

APPROVAL OF THE JANUARY 20, 2023 MINUTES

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the January 20, 2023 minutes and dispense with the reading thereof.

The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Rebecca Dye and Oris Christian Nay: None Abstain: Carl Rhea and Tim Lovelace

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,251,453.04. .

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

Committee Appointments

LYNN HESS, ALESHIA PLASTER, JERRY HESS, TRECA RAY AND CINDY DYE APPOINTED OT THE SWORDS CREEK COMMUNITY CENTER COMMITTEE

Motion made by David Eaton, second Oris Christian and duly approved by the Board of Supervisors to appoint Lynn Hess, Aleshia Plaster, Jerry Hess, Treca Ray and Cindy Dye to the Swords Creek Community Center Committee for two (2) year terms, said terms ending February 06, 2025.

The vote was: Aye: David Eaton, Oris Christian, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Lou Wallace Nay: None

CARL RHEA RE-APPOINTED TO THE CPRWMA

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to re-appoint Carl Rhea to the Cumberland Plateau Regional Waste Management Authority for a four (4) term, said term ending March 01, 2027.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

The vote was:

‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea and Oris Christian Nay: None

Abstain: Rebecca Dye

APPROVAL OF THE JANUARY 20, 2023 MINUTES,

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the January 20, 2023 minutes and dispense with the reading thereof.

The vote was:

Aye: Steve Breeding, David Eaton, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

Abstain: Carl Rhea and Tim Lovelace

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve general county invoices in the amount of $1,251,453.04.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

Committee Appointments

LYNN HESS, ALESHIA PLASTER, JERRY HESS, TRECA RAY AND CINDY DYE APPOINTED OT THE SWORDS CREEK COMMUNITY CENTER COMMITTEE

The vote was: ‘Aye: David Eaton, Oris Christian, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and Lou Wallace Nay: None

CARL RHEA RE-APPOINTED TO THE CPRWMA.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

SPEARHEAD TRAILS APPOINTMENT TABLED

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to table the Spearhead Trails Board of Directors appointment.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

County Attorney Reports and Requests

Katie Patton, County Attorney read the proposed Ordinance Prohibiting the Location and Operation of Abortion Clinics Within the Boundaries of Russell County, Virginia.

APPROVAL OF AN ORDINANCE PROHIBITING THE LOCATION AND OPERATION OF ABORTION CLINICS

IN RUSSELL COUNTY

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve a Resolution and Ordinance Prohibiting the Location and Operation of Abortion Clinics Within the Boundaries of Russell County, Virginia.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A RESOLUTION OPPOSING RATE INCREASES FROM AEP AND KENTUCKY UTILITIES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a Resolution opposing a rate increase from American Electric Power and Kentucky Utilities.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A VDOT NOTICE OF RTE. 19 & RTE. 58 PROPERTY ABANDONMENT REQUEST

Motion made by Oris Christian, second Tim Lovelace and duly approved by the Board of Supervisors to approve a VDOT Notice of Rte. 19 & Rte. 58 Property Abandonment Request.

The vote was: Aye: Oris Christian, Tim Lovelace, Carl Rhea, Steve Breeding, David Eaton, Rebecca Dye and Lou Wallace Nay: None

APPROVAL OF A DOF FOREST SUSTAINABILITY FUND GRANT IN THE AMOUNT OF $5240.27

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a DOF Forest Sustainability Fund (FSF) Grant in the amount of $5240.27.

SPEARHEAD TRAILS APPOINTMENT TABLED.

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to table the Spearhead Trails Board of Directors appointment.

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

County Attorney Reports and Requests

Katie Patton, County Attorney read the proposed Ordinance Prohibiting the Location and Operation of Abortion Clinics Within the Boundaries of Russell County, Virginia.

APPROVAL OF AN ORDINANCE PROHIBITING THE LOCATION AND OPERATION OF ABORTION CLINICS IN RUSSELL COUNTY

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A RESOLUTION OPPOSING RATE INCREASES FROM AEP AND KENTUCKY UTILITIES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a Resolution opposing a rate increase from American Electric Power and Kentucky U!

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A VDOT NOTICE OF RTE. 19 & RTE. 58 PROPERTY ABANDONMENT REQUEST

Motion made by Oris Christian, second Tim Lovelace and duly approved by the Board of Supervisors to approve a VDOT Notice of Rte. 19 & Rte. 58 Property Abandonment Request.

The vote was: ‘Aye: Oris Christian, Tim Lovelace, Carl Rhea, Steve Breeding, David Eaton, Rebecca Dye and Lou Wallace

Nay: None

APPROVAL OF A DOF FOREST SUSTAINABILITY FUND GRANT IN THE AMOUNT OF $5240.27

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a DOF Forest Sustainability Fund (FSF) Grant in the amount of $5240.27.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A VCJS VSOP GRANT IN THE AMOUNT OF $62,009

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a DCJS VSTOP Grant in the amount of $62,009.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A VIRGINIA FEDERATION OF HUMANE SOCIETIES ANIMAL AWARD 2023 IN THE AMOUNT OF $10,000

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve a Virginia Federation of Humane Societies Animal Award in the amount of $10,000.

The vote was: Aye: Steve Breeding, Carl Rhea, David Eaton, Tim Lovelace, Rebecca Dye, Oris Christian and Lou Wallace Nay: None

APPROVAL OF A GENERAL DISTRICT COURT TRAVEL REQUEST

Motion made by David Eaton, second Oris Christian and duly approved by the Board of Supervisors to approve a travel request for General District Court.

The vote was: Aye: David Eaton, Oris Christian, Steve Breeding, Carl Rhea, Tim Lovelace, Rebecca Dye and Lou Wallace Nay: None

The Chair adjourned the meeting.

Clerk of the Board Chairperson

The vote was: ‘Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A VCJS VSOP GRANT IN THE AMOUNT OF $62,009

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a DCJS VSTOP Grant in the amount of $62,009.

The vote was: Aye: Steve Breeding, David Eaton, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A VIRGINIA FEDERATION OF HUMANE SOCIETIES ANIMAL AWARD 2023 IN THE AMOUNT OF $10,000

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve a Virginia Federation of Humane Societies Animal Award in the amount of $10,000.

The vote was: Aye: Steve Breeding, Carl Rhea, David Eaton, Tim Lovelace, Rebecca Dye, Oris Christian and Lou Wallace Nay: None

APPROVAL OF A GENERAL DISTRICT COURT TRAVEL REQUEST

Motion made by David Eaton, second Oris Christian and duly approved by the Board of Supervisors to approve a travel request for General District Court.

The vote was: Aye: David Eaton, Oris Christian, Steve Breeding, Carl Rhea, Tim Lovelace, Rebecca Dye and Lou Wallace Nay: None

The Chair adjourned the meeting.

Clerk of the Board Chairperson

                                                  Board of Supervisors                         Action Item B-2

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

    Meeting: 3/6/23      6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Expenditures

Request approval of the County’s February 2023 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s February 2023 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s February 2023 Monthly Expenditures.

ATTACHMENTS:

• February 2023 Monthly Expenditures

Board of Supervisors Action Item B-2 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 3/6/23 6:00 PM

Approval of Expenditures

Request approval of the County’s February 2023 Monthly Expenditures:

STAFF RECOMMENDATION(s): County’s February 2023 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s February 2023 Monthly Expenditures.

ATTACHMENTS:

February 2023 Monthly Expenditures

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

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oxp#si00 packs GROSS AMT. __wET AMOUNT G/u Accousr 2.08 a7 76.75 #100-012300-7002- =~ 4e78 Jens 20400 204.00 “e1g0-o71040-se00- =~ 351.30 151130 “e1o0-o43020-seos- =~ eas SECIS “anoo-o1n010-3007- =~ 10 Seles Selo0 Stoo-evaeio-sanz) 10 1.039100 2,039°00 "4200-073010-302- 10 6672-00 Gle7a.00 si00-073030-3002- 72990 "79100 "4100-035030-3001- =~ 20100, 39100 s100-03s030-3002- 60.00 So.a0 + 20 259.92 259192 «100-079020-3002- =~ i 238.35 235.35 4100-073010-3002- == 493.27 433.27 + 02845, 1,024.42 4100-095010-9125- = 362.36 "952.36 4100-031020-Se08- = Stale 512/96 4100-031020-5408- == 2,485.76 2,485.36 * 32.16 32126 4100-031020-2005- =~ 33s 3226 aioo-osioz0-s00s- = 32.16 32136 Stoo-ossezo-a00s- creed 3485 Sioa-ceaoz0-3o08- tage 4105 S200-oasoz0-s008- = 33.28 2aleadio0-oasea0-3008- : is. 32036 Gieaosiezc-seoss >> 338100, 395.08 «200-022020-s508- = 7 276.00 236.80 + e000 350.00 «100-012020-seo1- =~ 250.00 250.00 « 355105 386108 "4100-031020-2008- =~ 36,793.28 26,792.28 "4100-021020-s408- = 36,793.28 36,792.98 +

11457, 083.55

7459 /081 85

poco 2/28/2023

3/08/2023 2/03/2023 00s038 SLIDE IN GHEE 1058

|A/P CASH REQUIREMENTS PRE-LIST COMPANY 002 FUNDMA211 PAGE a gross er mer AMOUNT G/L Accoust Bo

TOTAL FOR DUE DATE 3/06/2023 26,695 -00 26,695.00

‘TOTAL DUE FoR FUND- 4211 Teless.00 16,635.00

NON-DIRECT DEPOSIT a,473,776.55 1,473,776 55

E-Payabie Total 29 C00

PINAL DUE 2,473,7761551,473,776155

Board of Supervisors Action Item: B-3

137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266

    Meeting: 3/6/23        6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

  Board Appointments

Industrial Development Authority (IDA)

Vacant Four-Year Term

Southwest Virginia Community Corrections

Doug Howard Two-Year Term

Board of Supervisors Action Item: B-3 187 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 3/6/23 6:00 PM

Board Appointments

Industrial Development Authority (IDA)

Vacant Four-Year Term

Southwest Virginia Community Corrections

Doug Howard Two-Year Term

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

[Board Appointments:

Dante Community Center Board Members

Bobbie Gullett 2 Two Years April 1, 2023 [Arthur Phillips (deceased) 2 Two Years April 1, 2023 |Wanda Osborne 2 Two Years April 1, 2023, [Department of Social Services a Brian Ferguson Four Year June 30, 2023 [Sharon Owens zh Four Year June 30, 2023

[Russell County Public Library Board

[Yvonne Dye 4 Three Year June 30, 2023 jSusan Breeding 5 Three Years June 30, 2023 [Russell County Public Service Authori

[Thomas Tignor 1 Four Years June 24, 2023

[Russell County Tourism Advisory Committee

JAlice Meade 5 Four Years June 30, 2023 Doug Hubbard 6 Four Years June 30, 2023 ennifer Chumbley 3 Four Years June 30, 2023 Dustin Blackson 2 Four Years June 30, 2023 [Carly Bruck 1 Four Years June 30, 2023 [lanice Halse Four Years June 30, 2023 [Southwest Community College Advisory Board

Randall Hillman 4 Four Years June 30, 2023

[Community Policy Management Team

Patrick Brunty Three Years ‘August 7, 2023 Poni Lester: Three Years ‘August 7, 2023

[Spearhead Trails

[Gilbert “Teddy” Clevinger 2 Three Years ‘August 7, 2023 Russell County Tourism Advisory Committee

Hianice Halsey Four Years ‘August 30, 2023 Dante Community Center Board

[Catherine Pratt 2 October 12, 2023, [Jason Gullett 2 October 12, 2023, Highway & Safety Commission

IGary Dotson zi Two Years October 12, 2023 [/ohnny B. Jessee 3 Two Years October 12, 2023 Eugene Ferguson 6 Two Years October 12, 2023 Barbara K. cox 3 Two Years October 12, 2023 Tony Maxfield 3 Two Years October 12, 2023 Henry E. Stinson, Jr. 4 Two Years October 12, 2023 [Russell County Planning Commission

[Charles Edmonds 3 Four Years October 7, 2023 Hohn Mason a Four Years October 4, 2023 [Community Policy Management Team

lLonzo Lester Four Year November 4, 2023

Oak Grove Community Center

Linda Cross 1 Two Years November 1, 2023 Rita “Charlene” Johnson 1 Two Years November 1, 2023 [Tammy Perry 1 Two Years November 1, 2023 ohn Perry 1 Two Years November 1, 2023 Nancy Osborne 1 Two Years November 1, 2023 Peggy Kegley 1 Two Years November 1, 2023 Highway & Safety Commission

Linda Cross 1 Two Years December 31, 2023 Industrial Development Authority

Donnie Christian 6 Four Term December 31, 2023 Nelson “Tony” Dodi 5 Four Term December 31, 2023 Richard Lockridge 5 Four Term December 31, 2023 [Southwest Virginia EMS Council

Maxie Skeen 3 Four Years December 31, 2023

RUSSELL COUNTY BOARD OF SUPERVISORS

BOARD / COMMITTEE APPLICATION

DATEOF APPLICATION: — Dec 49 _2022-

yore pistricr: >

wanes “Kea Bbrokeorhi 2

(Please print or type in black ink)

Jon TS binKeashy)@ UpFB. Com

(First) (Last) u (Email Address) amincappress: PF 0, Tux _@/ Aechinin Ug Mente E911 ADDRESS: te spping Gly PA Checelmd UV ay22—- PHONENUMBERS: 276 -8°7 (459 IU SIME 216: GM 27 (ome) Business) (cei) PROFESSIONVOCATION: __“Fawrmuee Soles BOARDSICOMMITTEE ON WHICH YOU WISH TO SERVE: __ 7A

(List no more than 3 ~- in order of preference :)

OTHER INTERESTS:

EDUCATION: _Glegs ugiee ~ Aswiiake Lush

JOBEXPERIENCE: 4 Vejus” — Fasutmes — Bastincsy”

CIVIC OR SERVICE ORGANIZATION EXPERIENCE:

ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE?

IPYES,PLEASENAME: Clunednel Antenu Planing Boned

HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE?

IF YES, PLEASE NAME:

RUSSELL COUNTY BOARD OF SUPERVISORS

BOARD / COMMITTEE APPLICATION

DATE OF APPLICATION: 2-38-23 (Please rn or yp in be ik)

Name: “Jona han. Enchon ‘Jyeatoado132. Ayal Coxon

First) (Last) (Email Address)

ware appress: WM Syke Naive Hooker. VA _Q4abb E911 ADDRESS: ™ Sikes Deve

‘TELEPHONENUMBERS MNG-=1497 (Home) (Business) (Cell) PROFESSION/VOCATION: \ i. Ex Ase ose aaa Leet arrose Carell Casa TDA Gite Pus, (List no more than 3 ~ in order of preference 3) Kassel County Nouasm OTHER INTERESTS: Ory ne Ms lanes "

Seen % Ane wy, vale onl son, soveation: igh Solel on Tos uyoss sh college od SUce,

vonexrenunce: Fidht vgoes \ardlias Sac a Coble ond bcuodlbaas Cotoguauy

Devcchay ue go, comgones, Nerledhiaa Ohesical Cosgany oud Jak Teteeats civicorseevice oxcantzation exraniencr: “Pees « dod Test Crsoridion (Nomprabt Orauircithoa) 5 Yenc. a Qendand UO

ARE YOU CURRENTLY A MEMBER OF A RUSSELL COUNTY BOARD oRComMTTEE? —_\g

IF YES, PLEASE NAME:

HAVE YOU PREVIOUSLY SERVED AS A MEMBER OF A RUSSELL COUNTY BOARD OR COMMITTEE? \ a

IF YES, PLEASE NAME:

Southwest Virginia

Darin P. Russell, Director Post Office Box 2725 Lebanon, VA 24266

‘Tel.: (276) 889-5862 Fax: (276) 889-5864

Community Corrections

January 24, 2023

Mr. Lonzo Lester Russell County Adminis 137 Highland Drive Suite A

Lebanon, VA 24266

Dear Mr. Lester:

I understand that Doug Howard’s appointment to the Southwest Virginia Community Corrections Criminal Justice Board is set to expire. | respectfully request that Mr. Howard be reappointed to represent Russell County. Please set this matter for your next Board of Supervisors Meeting

‘Thank you for your consideration of this matter.

Sincerely,

Darin P. Russell Director

Serving the Courts of Bristol, Buchanan, Dickenson, Lee, Norton, Russell, Scott, Smyth, Tazewell, Washington, and Wise

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors   Action Item

137 Highland Drive Presenters - Attorney Lebanon, VA 24266

    Meeting: 3/6/23         6:00 PM

County Attorney Reports

RC BOS Resolution for Participation in Settlement of Opioid-Related Claims

Against TEVA, Allergan, Walmart, Walgreens, & CVS…………………………….C-1

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

Board of Supervisors Action Item 137 Highland Drive Presenters - Attorney Lebanon, VA 24266

Meeting: 3/6/23

County Attorney Reports

RC BOS Resolution for Parti ion in Settlement of Opioid-Related Clai Against TEVA, Allergan, Walmart, Walgreens, & CVS.

Staff Recommendation: Board Discretion. Suggested Motion: Motion Required.

ATTACHMENTS:

Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Russell County Virginia “The Heart of Southwest Virginia”

Tim Lovelace Steve Breeding District 1 District 5

Carl Rhea Lou Ann Wallace, Chairperson Rebecca Dye District 3 District 2 District 6

David Eaton Oris Christian, Vice-Chairman Lonzo Lester District 4 At-Large County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

RESOLUTION

A RESOLUTION OF THE RUSSELL COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID- RELATED CLAIMS AGAINST TEVA, ALLERGAN, WALMART, WALGREENS, CVS,

AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY’S OUTSIDE COUNSEL TO EXECUTE THE

DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S PARTICIPATION IN THE SETTLEMENTS

WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Russell County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Russell County’s various departments and agencies; and

WHEREAS, Russell County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Russell County; and

WHEREAS, Russell County has filed suit against Teva, Allergan, Walmart, Walgreens, CVS, and certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed Russell County; and

WHEREAS, the County’s suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and

WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan,

Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid-related claims against them; and

WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund

and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that these pending settlements with Teva, Allergan, Walmart, CVS, and Walgreens shall be considered “Settlements” that are subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors and Janssen; and

Russell County Virginia

“The Heart of Southwest Virginia” Tim Lovelace Steve Breeding District 4 District 5 Carl Rhea Lou Ann Wallace, Chairperson Rebecca Dye District 3 District 2 District 6 David Eaton Oris Christian, Vice-Chairman Lonzo Lester District 4 At-Large County Administrator

RESOLUTION

A RESOLUTION OF THE RUSSELL COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID- RELATED CLAIMS AGAINST TEVA, ALLERGAN, WALMART, WALGREENS, CVS, AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR. THE COUNTY’S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S PARTICIPATION IN THE SETTLEMENTS

WHEREAS, Russell County has filed suit against Teva, Allergan, Walmart, Walgreens, CVS, and certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fucled the opioid epidemic that has harmed Russell County; and

WHEREAS, the County’s suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and

WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid-related claims against them; and

WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that these pending: settlements with Teva, Allergan, Walmart, CVS, and Walgreens shall be considered “Settlements” that are-subject to the Virginia MOU, and shall be administered and allocated in the same mafiner_as the opioid settlements entered into previously with the Distributors and Janssen; and

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

WHEREAS, the County’s outside opioid litigation counsel has recommended that the County participate in the settlements in order to recover its share of the funds that the settlement would provide; and

WHEREAS, the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel;

NOW THEREFORE BE IT RESOLVED that the Russell County Board of Supervisors, this 6th day of March, 2023, approves of the County’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements, including the required release of claims against settling entities.

ADOPTED the 6th day of March 2023.

 RUSSELL COUNTY BOARD

OF SUPERVISORS

Lou Ann Wallace Chairperson

ATTEST:

Lonzo Lester Clerk of the Board

WHEREAS, the County Attomey has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel;

NOW THEREFORE BE IT RESOLVED that the Russell County Board of Supervisors, this 6% day of March, 2023, approves of the County’s participation. in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements, including the required release of claims against settling entities.

ADOPTED the 6th day of March 2023.

RUSSELL COUNTY BOARD. OF SUPERVISORS

Lou Ann Wallace Chairperson

ATTEST:

Lonzo Lester Clerk of the Board

New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, and Walmart Opioids Implementation Administrator [email protected]

Russell County, VA Reference Number: CL-393034

TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:

THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOID SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO

PARTICIPATE.

Deadline: April 18, 2023

Five new proposed national opioid settlements (“New National Opioid Settlements”) have been reached with Teva, Allergan, CVS, Walgreens, and Walmart (“Settling Defendants”). This Participation Package is a follow-up communication to the Notice of National Opioid Settlements recently received electronically by your subdivision or special district (“subdivision”).

You are receiving this Participation Package because Virginia is participating in the following settlements:

 Teva  Allergan  CVS  Walgreens  Walmart

If a state does not participate in a particular Settlement, the subdivisions in that state are not eligible to participate in that Settlement.

This electronic envelope contains:

 Participation Forms for Teva, Allergan, CVS, Walgreens, and Walmart, including a release of any claims.

The Participation Form for each settlement must be executed, without alteration, and submitted on or before April 18, 2023, in order for your subdivision to be considered for initial participation calculations and payment eligibility.

Based upon subdivision participation forms received on or before April 18th, the subdivision participation rate will be used to determine whether participation for each deal is sufficient for the settlement to move forward and whether a state earns its maximum potential payment under the settlement. If the settlement moves forward, your release will become effective. If a settlement does not move forward, that release will not become effective.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, and Walmart Opioids Implementation Administrator

Russell County, VA Reference Number: CL-393034

TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:

THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOID SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE.

Deadt April 18, 2023

You are receiving this Participation Package because Virginia is participating in the following settlements:

Teva Allergan cvs Walgreens Walmart

If a state does not participate in a particular Settlement, the subdivisions in that state are not eligible to participate in that Settlement.

This electronic envelope contains

Participation Forms for Teva, Allergan, CVS, Walgreens, and Walmart, including a release of any claims.

Any subdivision that does not participate cannot directly share in the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate may also reduce the amount of money for programs to remediate the opioid crisis in its state. Please note, a subdivision will not necessarily directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes.

In Virginia, participating counties and independent cities may receive some of the settlement funds directly, pursuant to the allocation framework set forth in the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (“MOU”), which has been previously approved by all Virginia counties and cities, and the Virginia Opioid Abatement Fund statute, Va. Code § 2.2- 2374. In addition, some towns are being asked to approve the settlements and submit participation forms because, due to the structure of the settlement agreements, towns above a certain population threshold must approve the settlements and submit participation forms in order to maximize the overall recovery for the Commonwealth and its subdivisions. Participating towns are not eligible to receive direct shares from the settlement funds—however, they may be able to apply for, request, or receive funds for opioid abatement programs through their counties. Participation by these towns will help to maximize the recovery for all of Virginia’s counties, including the counties in which they are located.

You are encouraged to discuss the terms and benefits of the New National Opioid Settlements with your counsel, your Attorney General’s Office, and other contacts within your state. Many states are implementing and allocating funds for these new settlements the same as they did for the prior opioid settlements with McKesson, Cardinal, Amerisource, and J&J/Janssen, but states may choose to treat these settlements differently.

Information and documents regarding the New National Opioid Settlements and how they are being implemented in your state and how funds will be allocated within your state allocation can be found on the national settlement website at https://nationalopioidsettlement.com/. This website will be supplemented as additional documents are created.

How to return signed forms:

There are three methods for returning the executed Participation Forms and any supporting documentation to the Implementation Administrator:

(1) Electronic Signature via DocuSign: Executing the Participation Forms electronically through DocuSign will return the signed forms to the Implementation Administrator and associate your forms with your subdivision’s records. Electronic signature is the most efficient method for returning Participation Forms, allowing for more timely participation and the potential to meet higher settlement payment thresholds, and is therefore strongly encouraged.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

You are encouraged to discuss the terms and benefits of the New National Opioid Settlements with your counsel, your Attorney General’s Office, and other contacts within your state. Many states are implementing and allocating funds for these new settlements the same as they did for the prior opioid settlements with McKesson, Cardinal, Amerisource, and J&/Janssen, but states may choose to treat these settlements differently.

https://nationalopioidsettlement.com/. This website will be supplemented as additional documents are created.

How to return signed forms:

There are three methods for returning the executed Participation Forms and any supporting documentation to the Implementation Administrator:

(2) Manual Signature returned via DocuSign: DocuSign allows forms to be downloaded, signed manually, then uploaded to DocuSign and returned automatically to the Implementation Administrator. Please be sure to complete all fields. As with electronic signature, returning manually signed Participation Forms via DocuSign will associate your signed forms with your subdivision’s records.

(3) Manual Signature returned via electronic mail: If your subdivision is unable to return executed Participation Forms using DocuSign, signed Participation Forms may be returned via electronic mail to [email protected]. Please include the name, state, and reference ID of your subdivision in the body of the email and use the subject line Settlement Participation Forms – [Subdivision Name, Subdivision State] – [Reference ID].

Detailed instructions on how to sign and return the Participation Forms, including changing the authorized signer, can be found at https://nationalopioidsettlement.com. You may also contact [email protected].

The sign-on period for subdivisions ends on April 18, 2023.

If you have any questions about executing these forms, please contact your counsel, the Implementation Administrator at [email protected], or Tom Beshere at the Virginia Attorney General’s Office at 804-823-6335 or [email protected].

Thank you, National Opioids Settlements Implementation Administrator

The Implementation Administrator is retained to provide the settlement notice required by the respective settlement agreements referenced above and to manage the collection of settlement participation forms for each settlement.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

(3) Manual Signature returned via electronic mail: \f your subdivision is unable to return executed Participation Forms using DocuSign, signed Participation Forms may be returned via_—electronic_~— mail_—to.

[email protected]. Please include the name, state, and reference ID of your subdivision in the body of the email and use the subject

line Settlement Participation Forms - [Subdivision Name, Subdivision State] - [Reference ID].

Detailed instructions on how to sign and return the Participation Forms, including changing the authorized signer, can be found at

https://nationalopioidsettlement.com. You may also contact [email protected].

The sign-on period for subdivisions ends on April 18, 2023.

[email protected]

Thank you, National Opioids Settlements Implementation Administrator The Implementation Administrator is retained to provide the settlement notice

required by the respective settlement agreements referenced above and to manage the collection of settlement participation forms for each settlement.

EXHIBIT K
Subdivision and Special District Settlement Participation Form

Will your subdivision or special district be signing the settlement participation forms for the Allergan and Teva Settlements at this time?

[ ] Yes_ta [ ] No_ta

Governmental Entity: Russell County State: VA Authorized Signatory: /officialname_teva_allergan/ Address 1: /address1_teva_allergan/ Address 2: /address2_teva_allergan/ City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/ Phone: /phone_teva_allergan/ Email: /email_teva_allergan/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released Entities, and agrees as follows.

The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein.
Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation Activities.
The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com.
The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein.
By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
The Governmental Entity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

‘Subdivision and Special District Settlement Participation Form

Will your subdivision or special district be signing the settlement participation forms for the Allergan and Teva Settlements at this time?

[1Yes [ ]No

Governmental Entity: Russell County State: VA Authorized Signatory:

Address 1:

Address 2:

City, State, Zip:

Phone:

Email:

The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein.
Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section IIB of the Allergan Settlement regarding Cessation of Litigation Activities.
The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at

‘https://nationalopioidsettlement.com.

The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein,
By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, ‘monetary payments beginning after the Effective Date.
The Governmental Entity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein.
The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Allergan Settlement.
The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement.
In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Allergan Settlement.

Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan Settlement controls.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

‘The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Allergan Settlement.

‘The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.

The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim,

The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement,

In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities” decision to participate in the Allergan Settlement.

Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan Settlement controls.

I have all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Entity.

Signature: /signer_1_teva_allergan/

Name: /name_1_teva_allergan/

Title: /title_1_teva_allergan/

Date: /date_1_teva_allergan/

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

Thave all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Entity.

Title:

Date:

Exhibit K
Subdivision and Special District Settlement Participation Form

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all Released Entities, and agrees as follows.

The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Teva Settlement as provided therein.
Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com.
The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein.
By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein.
The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Teva Settlement.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

‘Subdivision and Special District Settlement Participation Form

Governmental Entity: Russell County [ State: VA Authorized Signatory:

Address 1:

Address 2:

City, State, Zip:

Phone:

Email:

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all Released Entities, and agrees as follows,

The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Teva Settlement as provided therein,
Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal

With Prejudice substantially in the form found at https:/nationalopioidsettlement.com.

4, The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein.

By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein.
The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Teva Settlement.
The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to any Released Claim.
The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement.
In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

‘The Governmental Entity has the right to enforce the Teva Settlement as provided therein.

The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to any Released Claim,

. The Governmental Entity hereby takes on all rights and obligations of a Participating

Subdivision or Participating Special District as set forth in the Teva Settlement.

In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A. general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls.

I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1_teva_allergan/

Name: /name_1_teva_allergan/

Title: /title_1_teva_allergan/

Date: /date_1_teva_allergan/

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

Ihave all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: Name: Title:

Date:

EXHIBIT K

Subdivision Participation and Release Form

Will your subdivision or special district be signing the settlement participation form for the CVS Settlement at this time?

[ ] Yes_cv [ ] No_cv

Governmental Entity: Russell County State: VA Authorized Signatory: /officialname_cvs/ Address 1: /address1_cvs/ Address 2: /address2_cvs/ City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/ Phone: /phone_cvs/ Email: /email_cvs/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all Released Entities, and agrees as follows.

The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the CVS Settlement and become a Participating Subdivision as provided therein.
The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com.
The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating Subdivisions as defined therein.
By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
The Governmental Entity agrees to use any monies it receives through the CVS Settlement solely for the purposes provided therein.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

EXHIBIT K

n P:

n_and Release Form

Will your subdivision or special district be signing the settlement pa Settlement at this time?

ipation form for the CVS

[]¥es []No

Governmental Entity: Russell County [ State: VA Authorized Signatory:

Address 1:

Address 2:

City, State, Zip:

Phone:

Email:

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1, The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the CVS Settlement and become a Participating Subdivision as provided therein.

The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in Jn re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopi ttlement.com.
The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating Subdivisions as defined therein.
By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental

Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

The Governmental Entity agrees to use any monies it receives through the CVS Settlement solely for the purposes provided therein.
The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement.
The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The CVS Settlement shall be a complete bar to any Released Claim.
The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the CVS Settlement.
In connection with the releases provided for in the CVS Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement.
The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any ageney, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The CVS Settlement shall be a complete bar to any Released Claim.
The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the CVS Settlement.
In connection with the releases provided for in the CVS Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent, A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_cvs/

Name: /name_1_cvs/

Title: /title_1_cvs/

Date: /date_1_cvs/

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Entity hereby agrees. To the extent this Parti mand Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.

Thave all necessary power and authorization to execute this Pai behalf of the Governmental Entity.

pation and Release Form on

Signature:

Name:

Title:

Date:

EXHIBIT K

Subdivision Participation and Release Form

Will your subdivision or special district be signing the settlement participation form for the Walgreens Settlement at this time?

[ ] Yes_wg [ ] No_wg

Governmental Entity: Russell County State: VA Authorized Signatory: /officialname_walgreens/ Address 1: /address1_ walgreens/ Address 2: /address2_ walgreens/ City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/ Phone: /phone_walgreens/ Email: /email_walgreens/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Entities, and agrees as follows.

The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein.
The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com.
The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein.
By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

EXHIBIT K

jivision P: n and Release Form

Will your subdivision or special district be signing the settlement participation form for the Walgreens Settlement at this time?

[]¥es [ ]No

Governmental Entity: Russell County [ State: VA Authorized Signatory:

Address 1:

Address 2:

City, State, Zip:

Phone:

Email:

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Entities, and agrees as follows.

The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to

ate in the Walgreens Settlement and become a Participating Subdivision as provided

The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in Jn re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com.
The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein.
By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date,

5, The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein.

The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement.
The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a complete bar to any Released Claim.
The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement.
In connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement.
The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever, The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a complete bar to any Released Claim.
The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement.
In connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect (o exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_walgreens/

Name: /name_1_walgreens/

Title: /title_1_walgreens/

Date: /date_1_walgreens/

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

11, Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls.

Ihave all necessary power and authorization to execute this Pai behalf of the Governmental Entity.

pation and Release Form on

Signature: Name: Title:

Date:

EXHIBIT K

Subdivision Participation Form

Will your subdivision or special district be signing the settlement participation form for the Walmart Settlement at this time?

[ ] Yes_wm [ ] No_wm

Governmental Entity: Russell County State: VA Authorized Official: /officialname_walmart/ Address 1: /address1_walmart/ Address 2: /address2_walmart/ City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/ Phone: /phone_walmart/ Email: /email_walmart/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims against all Released Entities, and agrees as follows.

The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein.
The Governmental Entity shall promptly, and in any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com/.
The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein.
By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
The Governmental Entity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

EXHIBIT K Subdivision Participation Form

Will your subdivision or special district be signing the settlement parti Settlement at this time?

pation form for the Walmart

[]¥es [ ] No

Governmental Entity: Russell County State: VA Authorized Official:

‘Address 1:

‘Address 2:

City, State, Zip:

Phone:

Email:

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims against all Released Entities, and agrees as follows.

The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein,
The Governmental Entity shall promptly, and in any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at

https://nationalopioidsettlement.com/.

The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein.
By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date,
The Governmental Entity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein.
The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walmart Settlement.
The Governmental Entity has the right to enforce the Walmart Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walmart Settlement shall be a complete bar to any Released Claim.
In connection with the releases provided for in the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement controls.

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walmart Settlement.

‘The Governmental Entity has the right to enforce the Walmart Settlement as provided ther

The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walmart Settlement shall be a complete bar to any Released Claim.

In connection with the releases provided for in the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities” decision to participate in the Walmart Settlement.

Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement controls.

I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1_walmart/

Name: /name_1_walmart/

Title: /title_1_walmart/

Date: /date_1_walmart/

DocuSign Envelope ID: CEE66E5E-F909-4E36-BD2D-37B337709835

DocuSign Envelope ID: CEE66ESE-F909-4£36-BD20-378337709835

ion to execute this Election and Release on behalf of the

Thave all necessary power and authori: Governmental Entity.

Signature: Name Title:

Date:

Board of Supervisors Action Item D-1 – D-11 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

                 Meeting: 2/6/23         6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for March 2023:

REPORTS

American Electric Power (AEP) Letter of Support for DOE Bipartisan

Infrastructure Law (BIL) Long-Duration Energy Storage Facilities Funding
Opportunity Announcement (FOA)………………………………………………….D-1

Environmental Impact Report (EIR) for the Construction of the Department

    of Corrections’ Appalachian Detention Center Wastewater Treatment Plan  
    Upgrades……………………………………………………………….………………….D-2

American Rescue Plan Act Recovery Program Tourism Grant - $30,000……D-3
Virginia General Assembly 2023/24 Budget………………………………………….D-4
VDOT Monthly Road System Report……………………………………………………D-5

REQUESTS

CPWMA User Agreement & 2023/24 Budget…………………………………………D-6
VDOT Notice of Rte. 871 & Rte. T-1211 Abandonment Resolution & Public
Hearing………………………………………………………………….……….…………D-7
National Opioid Settlement Payments - $44,078.41…………………………………D-8
DCJS Local Law Enforcement Block (LOLE) Grant - $2,623.……………………D-9
BOS Budget Meeting Request………………………………………………………….D-10
RC Vehicle Surplus Request………………………………………………………….D-11

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Board Discretion.

ATTACHMENTS:

• Various

Board of Supervisors Action Item D-1 - D-11 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 2/6/23 6:00 PM

County Administrator Reports & Requests

The County Administrator Reports & Request for March 2023:

REPORTS

American Electric Power (AEP) Letter of Support for DOE Bipartisan

Infrastructure Law (BIL) Long-Duration Energy Storage Facilities Funding Opportunity Announcement (FOA)…

Environmental Impact Report (EIR) for the Construction of the Department of Corrections’ Appalachian Detention Center Wastewater Treatment Plan Upgrades.
American Rescue Plan Act Recovery Program Tourism Grant - $30,000…
Virginia General Assembly 2023/24 Budget.
VDOT Monthly Road System Report.

REQUESTS

CPWMA User Agreement & 2023/24 Budget…
VDOT Notice of Rte. 871 & Rte. T-1211 Abandonment Resolution & Public Hearing
National Opioid Settlement Payments - $44,078.41.

9, DCJS Local Law Enforcement Block (LOLE) Grant - $2,623…

BOS Budget Meeting Request
RC Vehicle Surplus Request.

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Board Discretion.

ATTACHMENTS:

Various

2/28/23, 1:51 PM Russell County Mail - Fwd: Information on proposed Clinch River Plant battery grant

https://mail.google.com/mail/u/0/?ik=28e834d897&view=pt&search=all&permthid=thread-f%3A1757852567447359220|msg-f%3A1757852567447… 1/2

Lonzo Lester [email protected]

Fwd: Information on proposed Clinch River Plant battery grant 1 message

Lou Wallace [email protected] Tue, Feb 14, 2023 at 6:53 PM To: Lonzo Lester [email protected]

---------- Forwarded message --------- From: Larry E Jackson [email protected] Date: Tue, Feb 14, 2023, 5:04 PM Subject: Information on proposed Clinch River Plant battery grant To: [email protected] [email protected] Cc: Don Nichols II [email protected]

Ms. Wallace,

It was good to talk to you today about the battery project being considered for the Clinch River Plant. Thank you in advance for considering a letter of support for the grant.

As background, Appalachian Power is in the process of applying for a federal grant to site a long-duration iron-air energy storage battery at Clinch River. This application requires letters of support from the community, and thus my request to Russell County. Here are some additional facts about our proposal based on the questions you had this afternoon:

Water Impact

We are unaware of any water impacts at this point in the project If our plan is awarded by the DOE, APCo will undertake any and all measures necessary and ensure the proper authorities are knowledgeable of our plan

Size of project

The project will require approximately 15 acres of flat land It also requires an easy interconnect with the 138kV grid This makes the Clinch River site desirable for this proposed project

Tax impacts

We have conducted an “IMPLAN” study to determine the tax impact of the project However, our model does not allow us to extract the impacts for an individual county or independent city. Rather, it is done at the state level However, based on our model and the outputs, which are an aggregation of taxes for each subset of the study region, we estimate a total tax impact (local, state and federal) of approximately $8.8 million

I hope this answers your questions. Please let me know if any additional information is required. Thanks for your consideration of providing us with a Letter of Support for this important project.

Larry

LARRY E JACKSON | DIR GOVERNMENT AFFAIRS [email protected] | D:540.985.2690 | C:434.401.2060 40 FRANKLIN ROAD SW, ROANOKE, VA 24011

mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] http://www.appalachianpower.com/ mailto:[email protected] https://www.google.com/maps/search/40+FRANKLIN+ROAD+SW,+ROANOKE,+VA+24011?entry=gmail&source=g 2128/23, 1:51 PM Russell County Mail - Fw: Information on proposed Clinch River Plant battery grant

M Gmail Lonzo Lester <lonzo [email protected]> Fwd: Information on proposed Clinch River Plant battery grant Lou Watlace <u [email protected]> Tue Feb 142003653 PM

To: Lonzo Lester <lonzo [email protected]>

Forwarded message —— From: Larry E Jackson [email protected]

Date: Tue, Feb 14, 2023, 5:04 PM

‘Subject: Information on proposed Clinch River Plant battery grant

To: ou [email protected] [email protected] Ce: Don Nichols Il [email protected]

Ms, Wallace,

It was good to tak to you today about the battery project being considered forthe Clinch River Plant. Thank you in advance for considering a letter of support for the grant

‘As background, Appalachian Power in the process of applying fr a federal grant to site a long-duration iron-ar energy storage battery at Clinch River. This ‘application requires letters of suppor from the community, and thus my request to Russell County. Here are some addtional facts about our proposal based (on the questions you had this afternoon:

Water impact

We are unaware of any water impacts at this point in the project
If our plan is awarded by the DOE, APCo will undertake any and all measures necessary and ensure the proper authorities are knowledgeable of our plan

Size of project

+The project wil require approximatoly 15 acres of flat land ‘+ Italso requires an easy interconnect with the 138KV grid ‘+ This makes the Clinch River site desirable for this proposed project

Tax impacts

We have conducted an “IMPLAN” study to determine the tax impact ofthe project
However, our model does not allow us to extract the impacts for an individual county or independent city. Rather, itis done at the state level
However, based on our model and the outputs, which are an aggregation of taxes for each subset ofthe study region, we estimate a total tax ‘impact (local, state and federal) of approximately $8.8 million

| hope this answers your questions. Please let me know if any additional information is required. Thanks for your consideration of providing us witha Letter of ‘Support for this important project.

Larry

LARRY E JACKSON | DIR GOVERNMENT AFFAIRS, LEJACKSON@AEP COM |0’540.885 2890 |C:434 401 2060 {40 FRANKLIN ROAD SW, ROANOKE, VA24011

https:/mail google. com/mailu/0/7ik=286834d8978 view=pt&search=all&permthid=thread-143A1757852567447359220%7Cmsg%3A1757852567447… 1/2

Russell County Virginia “The Heart of Southwest Virginia”

Tim Lovelace Steve Breeding District 1 District 5

Carl Rhea Lou Ann Wallace, Chairperson Rebecca Dye District 3 District 2 District 6

David Eaton Oris Christian, Vice-Chairman Lonzo Lester District 4 At-Large County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

February 10, 2023

RE: Letter of Support for DOE Bipartisan Infrastructure Law (BIL) Long-Duration Energy Storage

Demonstrations Funding Opportunity Announcement (FOA) DE-FOA-0002867 Topic Area 2C

To Whom It May Concern:

On behalf of Russell County, Virginia, we would like to voice support for American Electric Power (“AEP”) and its grant application under the Long-Duration Energy Storage Demonstrations FOA DE-FOA-0002867 (“LDES”). As one of the largest electricity producers in the nation, AEP has established a goal to achieve net zero carbon emissions by 2045. AEP is making our nation’s energy grid cleaner, more resilient, and more reliable by implementing ambitious clean energy targets and a continuous improvement mindset.

Russell County is a community of nearly 26,000 residents nestled in the mountains of Southwest Virginia.
The Clinch River Power Plant has been an integral part of our community for nearly 65 years and we believe this investment in new battery technology will allow it to remain an important part of our community for years to come.

AEP continues to invest in renewable technologies, such as wind and solar, that could potentially provide greater benefits to customers if paired with LDES. Installing cost-effective multi-day 24+ hours LDES technology would have widespread benefits on the residents in Russell County, Virginia and the surrounding coalfield counties. We believe investing in this project would create significant opportunities to support technology solutions that increase the flexibility, efficiency, reliability, and resilience of the electric power system. Smart grids and grid resilience would significantly benefit our communities within AEP’s service territories.

AEP has demonstrated its commitment to safely and reliably fulfilling its customers’ power needs. We are confident that AEP can effectively implement this multi-day 24+ hours LDES storage technology project. With over 100 years of proven ability to build world-class infrastructure, coordinate community- wide efforts, and collaborate with local stakeholders, AEP has our full support. We hope that the Department of Energy will fulfill this vital infrastructure funding request.

Sincerely,

LONZO LESTER Lonzo Lester Russell County Administrator

Russell County Virginia “The Heart of Southwest Virgini

Tim Lovelace Steve Breeding District 4 District 5

Carl Rhea Lou Ann Wallace, Chairperson Rebecca Dye District 3 District 2 District 6 David Eaton Oris Christian, Vice-Chairman Lonzo Lester District 4

February 10, 2023

RE: __Letter of Support for DOE Bipartisan Infrastructure Law (BIL) Long-Duration Energy Storage Demonstrations Funding Opportunity Announcement (FOA) DE-FOA-0002867 Topic Area 2C

To Whom It May Concern:

Russell County is a community of nearly 26,000 residents nestled in the mountains of Southwest Virginia. The Clinch River Power Plant has been’an integral part of our community for nearly 65 years and we believe this investment in new battery technology will allow it to remain an important part of our community for years to come.

‘AEP continues to invest in renewable technologies, such as wind and solar, that could potentially provide greater benefits to customers if paired with LDES. Installing cost-effective multi-day 24±hours LDES technology would have widespread benefits on the residents in Russell County, Virginia and the surrounding coalfield counties. We believe investing in this project would create significant opportunities to support technology solutions that increase the flexibility, efficiency, reliability, and resilience of the electric power system. Smart grids and grid resilience would significantly benefit our communities within AEP’s service territories.

‘AEP has demonstrated its commitment to’safely and reliably fulfilling its customers’ power needs. We are confident that AEP can effectively implement this multi-day 24+ hours LDES storage technology project. With over 100 years of proven ability to build world-class infrastructure, coordinate community- wide efforts, and collaborate with local stakeholders, AEP has our. full support. We hope that the Department of Energy will fulfil this vital infrastructure funding request:

Sincerely,

LOT GO LESTER

Lonzo Lester Russell County Administrator

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY 1111 E. Main Street, Suite 1400, Richmond, Virginia 23219

P.O. Box 1105, Richmond, Virginia 23218

(800) 592-5482 FAX (804) 698-4178

www.deq.virginia.gov Travis A. Voyles Michael S. Rolband, PE, PWD, PWS Emeritus Acting Secretary of Natural and Historic Resources Director

(804) 698-4020

February 6, 2023

MEMORANDUM

TO: The Honorable Margaret McDermid Secretary of Administration

FROM: Bettina Rayfield
EIR and Long Range Priorities Program Manager

SUBJECT: Comments on the Environmental Impact Report for the Construction of the Department of Corrections’ Appalachian Detention Center Unit #29 Wastewater Treatment Plan Upgrades (Agency Code 799, Project Coe 18449-001, DEQ 22-197S).

The Department of Environmental Quality hereby submits the enclosed comments concerning the project named above for your consideration. The statutory period for the DEQ’s review of this project expires on February 9, 2023.

We believe that this project is:

X _ routine. Reviewers do not anticipate any adverse impacts from the project if their recommendations are followed. Therefore, DEQ has no objections to the construction provided all applicable laws, regulations, policies and coordination needs are satisfied.

____ not routine.

Virginia Code sections 10.1-1188 et seq. require that any state agency, institution, or branch of government proposing to undertake a “major State project” prepare an environmental impact report (EIR). A “major State project” is defined as the construction of a facility costing $500,000 or more, or the acquisition of land for which construction is contemplated. Based on this report, the DEQ assesses the impact of the proposed project and comments to the Governor within 60 days after receipt of the complete EIR. The Governor’s approval of a major State project is required for expenditure of appropriated funds for a project (section 10.1-1190). This approval authority is delegated to the Secretary of Administration by Executive Order 88(01).

Commonwealth of Virginia VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

1111 E. Main Street, Suite 1400, Richmond, Virginia 23219 P.O. Box 1105, Richmond, Virginia 23218 (800) 592-5482 FAX (804) 698-4178

www.deg.virginia,gov

Travis A. Voyles Michael S, Rolband, PE, PWD, PWS Emeritus

‘Acting Secretary of Natural and Historie Resources Director (804) 698-4020

February 6, 2023 MEMORANDUM.

TO: The Honorable Margaret McDermid Secretary of Administration

FROM Bettina Rayfield” EIR and Long Range Priorities Program Manager

The Department of Environmental Quality hereby submits the enclosed comments conceming the project named above for your consideration. The statutory period for the DEQ’s review of this project expires on February 9, 2023.

We believe that this project is:

X__ routine. Reviewers do not anticipate any adverse impacts from the project if their recommendations are followed. Therefore, DEQ has no objections to the construction provided all applicable laws, regulations, policies and coordination needs are satisfied.

not routine.

Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY 1111 E. Main Street, Suite 1400, Richmond, Virginia 23219

P.O. Box 1105, Richmond, Virginia 23218

(800) 592-5482 FAX (804) 698-4178

www.deq.virginia.gov Travis A. Voyles Michael S. Rolband, PE, PWD, PWS Emeritus Acting Secretary of Natural and Historic Resources Director

(804) 698-4020
February 6, 2023

Ms. April Helbert Department of Corrections Sent via email: [email protected]

Dear Mr. Helbert:

Pursuant to Virginia Code section 10.1-1189 et seq., the Department of Environmental Quality has completed its review of the environmental impact report on the construction of the Appalachian Detention Center Unit #29 Wastewater Treatment Plan Upgrades (Agency Code 799, Project Coe 18449-001, DEQ 22-197S). The Department’s comments on the project are attached for your guidance. These comments are being reviewed by the Secretary of Administration on behalf of the Governor. The project must be approved by the Secretary of Administration, following her review of these comments, before it may be carried out.

Thank you for the opportunity to review this project.

Sincerely,

Julia Wellman Environmental Impact Review Coordinator

Enclosures

ec: The Honorable Margaret McDermid Jonathan D. Howe, DPB
W. Michael Coppa, DEB Lewis R. McCabe, DOA

Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY 1111 E. Main Street, Suite 1400, Richmond, Virginia 23219 P.O, Box 1105, Richmond, Virginia 23218 (800) 592-5482 FAX (804) 698-4178

www.deg.virginia,gov Travis A. Voyles Michael S, Rolband, PE, PWD, PWS Emeritus ‘Acting Secretary of Natural and Historie Resources Director

(804) 698-4020 February 6, 2023

Ms. April Helbert Department of Corrections Sent via email: [email protected]

Dear Mr. Helbert:

Pursuant to Virginia Code section 10.1-1189 et seq., the Department of Environmental Quality has completed its review of the environmental impact report on the construction of the Appalachian Detention Center Unit #29 Wastewater Treatment Plan Upgrades (Agency Code 799, Project Coe 18449-001, DEQ 22-1978). The Department’s comments on the project are attached for your guidance. These comments are being reviewed by the Secretary of Administration on behalf of the Governor. The project must be approved by the Secretary of Administration, following her review of these comments, before it may be carried out.

Thank you for the opportunity to review this project. Sincerely, n , oy. Wl

Julia Wellman Environmental Impact Review Coordinator

Enclosures

ec: The Honorable Margaret McDermid Jonathan D. Howe, DPB W. Michael Coppa, DEB Lewis R. McCabe, DOA

DOC Appalachian Detention Center Wastewater Upgrades 22-197S

Lee Brann, DWR Allison Tillett, DCR

Arlene Warren, VDH Roger Kirchen, DHR

       Scotty Wampler, Cumberland Plateau Planning District Commission

Lonzo Lester, Russell County

Abby Spotswood, Wetland Studies and Solutions

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

Lee Brann, DWR Allison Tillett, DCR

Arlene Warren, VDH

Roger Kirchen, DHR

Scotty Wampler, Cumberland Plateau Planning District Commission Lonzo Lester, Russell County

Abby Spotswood, Wetland Studies and Solutions

Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY 1111 E. Main Street, Suite 1400, Richmond, Virginia 23219

P.O. Box 1105, Richmond, Virginia 23218

(800) 592-5482 FAX (804) 698-4178

www.deq.virginia.gov Travis A. Voyles Michael S. Rolband, PE, PWD, PWS Emeritus Acting Secretary of Natural and Historic Resources Director

(804) 698-4020

COMMENTS OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY on the Environmental Impact Report for the Construction of the Department of Corrections’ Appalachian Detention Center Unit #29 Wastewater Treatment Plan Upgrades (Agency Code 799, Project Coe 18449-001, DEQ 22-197S).

The Department of Environmental Quality (DEQ) has determined that the Environmental Impact Report (EIR) for this project provides the information necessary for evaluation of the project’s environmental impacts. DEQ has completed its review. The following agencies joined in this review:

Department of Environmental Quality Department of Conservation and Recreation Department of Wildlife Services Department of Historic Resources Department of General Services

The Virginia Department of Health, Cumberland Plateau Planning District Commission and Russel County also were invited to comment.

PROJECT DESCRIPTION

The Virginia Department of Corrections (DOC) submitted an EIR to upgrade the existing wastewater treatment plant (WWTP). The primary upgrade would be installing an ultraviolet (UV) disinfection system. Other elements include replacing or refurbishing most of the existing equipment such as the oxidation ditch, center clarifier, blowers, etc. Replacement of all equipment would occur within the footprint of existing buildings or structures. To support the new UV disinfectant system, a total of 3,400 square feet of open grassy areas would be disturbed for construction of four new buildings. The new buildings would include a new laboratory and office building to meet the Virginia Sewage Collection and Treatment Regulations, a UV disinfection building, an additional digester, and a sludge fan press building/covered concrete pad sludge storage area.

Commonwealth of Virginia VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

1111 E. Main Street, Suite 1400, Richmond, Virginia 23219 P.O. Box 1105, Richmond, Virginia 23218 (800) 592-5482 FAX (804) 698-4178

www.deg.virginia,gov

Travis A. Voyles Michael S, Rolband, PE, PWD, PWS Emeritus

‘Acting Secretary of Natural and Historie Resources Director (804) 698-4020

COMMENTS OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY

on the Environmental Impact Report for the Construction of the Department of Corrections’ Appalachian Detention Center Unit #29 Wastewater Treatment Plan Upgrades (Agency Code 799, Project Coe 18449-001, DEQ 22-1978).

Department of Environmental Quality Department of Conservation and Recreation Department of Wildlife Services

Department of Historic Resources Department of General Services

The Virginia Department of Health, Cumberland Plateau Planning District Commission and Russel County also were invited to comment.

PROJECT DESCRIPTION

etc. Replacement of all equipment would occur within the footprint of existing buildings or structures. To support the new UV disinfectant system, a total of 3,400 square feet of open grassy areas would be disturbed for construction of four new buildings. The new buildings would include a new laboratory and office building to meet the Virginia Sewage Collection and Treatment Regulations, a UV disinfection building, an additional digester, and a sludge fan press building/covered concrete pad sludge storage area

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The existing chlorine contact tank and chlorination/dechlorination facilities would be retained as an emergency back-up in the event of a UV outage. Electrical updates, including new distribution equipment, would be required.

CONCLUSION

Based on reviewers’ comments, DEQ has no objections to the project provided that all applicable laws, regulations, policies and coordination needs in the enclosed comments are followed. Provided construction activities are performed in accordance with the recommendations which follow, this project is unlikely to have significant effects on ambient air quality, water quality and wetlands, historic and archaeological resources, wildlife, or forest and agricultural resources. It will not affect species of animals, plants or insects listed by state agencies as rare, threatened or endangered.

ENVIRONMENTAL IMPACTS AND MITIGATION

Erosion and Sediment Control and Stormwater Management. The EIR (page 23) states that mitigation measures will include appropriate erosion and sediment controls and stormwater best management practices. In addition, the proposed project site has been previously disturbed with fill and grading (page 11).

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

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

• Virginia Stormwater Management Act (VSMA) (§ 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 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).

1(b) Requirements.

1(b)(i) Erosion and Sediment Control Project-Specific Plans. If the state agency has no previously DEQ-approved annual standards and specifications and the project

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CONCLUSION

ENVIRONMENTAL IMPACTS AND MITIGATION

Erosion and Sediment Control and Stormwater Management. The EIR (page 23) states that mitigation measures will include appropriate erosion and sediment controls and stormwater best management practices. In addition, the proposed project site has been previously disturbed with fill and grading (page 11),

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

Virginia Erosion and Sediment Control Law (§ 62.1-44.15:51 ef seq.) and Regulations (VESCL&R) (9VAC25-840);
Virginia Stormwater Management Act (VSMA) (§ 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 (9)VAC25-880).

4(b) Requirements.

4(b)(i) Erosion and Sediment Control Project-Specific Plans. If the state agency has no previously DEQ-approved annual standards and specifications and the project

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results in a land disturbing activity of equal to or greater than 10,000 square feet (or local thresholds when they are more stringent than state requirements), the applicant must prepare a project-specific ESC plan and submit it to the DEQ regional office for review and approval. The ESC plan must be approved prior to commencing land- disturbing activity at the project site. All regulated land-disturbing activities associated with the project, including on- and off-site access roads, staging areas, borrow areas, stockpiles, and soil transported from the project site, must be covered by the project- specific ESC plan. The ESC plan must be prepared in accordance with the VESCL and VESCR and the most current version of the Virginia Erosion and Sediment Control Handbook.

1(b)(ii) Stormwater Management Project-Specific Plans. For state-agency projects that involve a land-disturbing activity of equal to or greater than one acre and if the state agency has no previously DEQ-approved annual standards and specifications, the applicant must prepare a project-specific stormwater management (SWM) plan and submit it for review and approval to the DEQ regional office. An approved plan is required prior to initiation of any regulated activities at the project site. The project- specific SWM plan must be prepared in accordance with the VSMA and the Virginia Stormwater Management Program (VSMP) Permit Regulations. In accordance with 9VAC25-870-160 individual plans, to the largest extent practicable, shall comply with any locality’s VSMP authority’s technical requirements adopted pursuant to the Act. It shall be the responsibility of the state agency to demonstrate that the locality’s VSMP authority’s technical requirements are not practicable for the project under consideration.

1(b)(iii) General Permit for Stormwater Discharges from Construction Activities (VAR10). The owner/operator of projects involving land-disturbing activities of equal to or greater than one acre is required to apply for registration coverage under the General 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.

• The SWPPP must address water quality and quantity in accordance with the VSMP Permit Regulations.

Air Quality. According to the EIR (page 26), traffic congestion and vehicular idling would be minimized to the extent practicable. During implementation of the proposed project, fugitive dust would be kept to a minimum.

2(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

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4(b)(ii) Stormwater Management Project-Specific Plans. For state-agency projects that involve a land-disturbing activity of equal to or greater than one acre and if the state agency has no previously DEQ-approved annual standards and specifications, the applicant must prepare a project-specific stormwater management (SWM) plan and submit it for review and approval to the DEQ regional office. An approved plan is required prior to initiation of any regulated activities at the project site. The project- specific SWM plan must be prepared in accordance with the VSMA and the Virginia Stormwater Management Program (VSMP) Permit Regulations. In accordance with 9VAC25-870-160 individual plans, to the largest extent practicable, shall comply with any locality’s VSMP authority’s technical requirements adopted pursuant to the Act. It shall be the responsibility of the state agency to demonstrate that the locality’’s VSMP authority’s technical requirements are not practicable for the project under consideration.

4(b)(iii) General Permit for Stormwater Discharges from Construction Activities (VAR10). The owner/operator of projects involving land-disturbing activities of equal to or greater than one acre is required to apply for registration coverage under the General 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.

The SWPPP must address water quality and quantity in accordance with the VSMP Permit Regulations.

Air Quality. According to the EIR (page 26), traffic congestion and vehicular idling would be minimized to the extent practicable. During implementation of the proposed project, fugitive dust would be kept to a minimum.

2(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 3

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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.

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

• Open burning: 9VAC5-130 et seq.

• Fugitive dust control: 9VAC5-50-60 et seq.

• Permits for fuel-burning equipment: 9VAC5-80-1100 et seq.

2(b) Requirements.

2(b)(i) Open Burning. If the project includes the burning of vegetative debris and/or construction material, this activity must meet the requirements under 9VAC5-130 et seq. of the regulations for open burning, and it may require a permit. The regulations provide for, but do not require, the local adoption of a model ordinance concerning open burning. The state agency should contact the locality to determine what local requirements, if any, exist.

2(b)(ii) 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 dried sediments resulting from soil erosion.

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

Open burning: 9VAC5-130 et seq.
Fugitive dust control 9VACS5-50-60 et seg.
Permits for fuel-burning equipment: 9VAC5-80-1100 et seq.

2(b) Requirements.

2(b)(i) Open Burning. if the project includes the burning of vegetative debris and/or construction material, this activity must meet the requirements under 9VAC5-130 et seq. of the regulations for open burning, and it may require a permit. The regulations provide for, but do not require, the local adoption of a model ordinance concerning open burning. The state agency should contact the locality to determine what local requirements, if any, exist.

2(b)(ii) Fugitive Dust. During construction, fugitive dust must be kept to a minimum by using control methods outlined in 9VAC5-50-60 et seg. 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 dried sediments resulting from soil erosion.

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The DEQ Southwest Regional Office (SWRO) states that during construction fugitive dust must be kept at a minimum. This requires, but is not limited to, measures such as application of water to suppress dust and washing down construction vehicles and paved roadways immediately adjacent to the construction site.

2(b)(iii) Fuel Burning Equipment. The installation of fuel burning equipment (e.g. boilers and generators) may require permitting from DEQ prior to beginning construction of the facility (9VAC5-80, Article 6, Permits for New and Modified Sources). The applicant should contact DEQ for guidance on whether this provision applies as necessary.

Solid and Hazardous Wastes. The EIR (page 19) states that a database search did not reveal contaminated sites at the proposed project location.

3(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 et seq.), as well as meeting Virginia’s federal obligations under the Resource Conservation and Recovery Act (RCRA) 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 which governs Petroleum Storage Tanks (Virginia Code §62.1-44.34:8 et seq.), including Aboveground Storage Tanks (9VAC25-91 et seq.) 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, 9VAC20-81 o (9VAC20-81-620 applies to asbestos-containing materials)

• Virginia Hazardous Waste Management Regulations, 9VAC20-60 o (9VAC20-60-261 applies to lead-based paints)

• Virginia Regulations for the Transportation of Hazardous Materials, 9VAC20-110.

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.

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2(b)(iii) Fuel Burning Equipment. The installation of fuel burning equipment (e.g. boilers and generators) may require permitting from DEQ prior to beginning construction of the facility (2VAC5-80, Article 6, Permits for New and Modified Sources). The applicant should contact DEQ for guidance on whether this provision applies as necessary.

Solid and Hazardous Wastes. The EIR (page 19) states that a database search did not reveal contaminated sites at the proposed project location

3(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 et seq.), as well as meeting Virginia’s federal obligations under the Resource Conservation and Recovery Act (RCRA) 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 which governs Petroleum Storage Tanks (Virginia Code §62.1-44.34:8 et seq.), including Aboveground Storage Tanks (9VAC25-91 ef seq.) 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 seg.
Virginia Solid Waste Management Regulations, 9VAC20-81 ‘© (9VAC20-81-620 applies to asbestos-containing materials)
Virginia Hazardous Waste Management Regulations, 9VAC20-60 © (9VAC20-60-261 applies to lead-based paints)
Virginia Regulations for the Transportation of Hazardous Materials, 9VAC20-110.

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.

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3(b) Data Files and Databases. The DEQ Division of Land Protection and Revitalization (DLPR) staff conducted a search (200-foot radius) of the project area within solid and hazardous waste databases (including petroleum releases) to identify waste sites in close proximity to the project area. The search did not identify any waste sites within the project area which might impact the project.

3© Agency Recommendations. DEQ encourages all projects and facilities to implement pollution prevention principles, including:

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

3(d) Requirements.

• Report evidence of a petroleum release, if discovered during construction of this project, to DEQ, as authorized by Code of Virginia § 62.1-44.34.8-9 and 9VAC25-580-10 et seq.

• Test and dispose of any soil that is suspected of contamination or wastes that are generated during construction-related activities in accordance with applicable federal, state and local laws and regulations.

• 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.

Natural Heritage Resources. The EIR (page 17) states that DOC’s consultant searched databases for natural heritage resources in the project area.

4(a) Agency Jurisdiction.

4(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 to 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).

4(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

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3© Agency Recommendations. DEQ encourages all projects and facilities to implement pollution prevention principles, including:

3(d) Requirements.

Report evidence of a petroleum release, if discovered during construction of this, project, to DEQ, as authorized by Code of Virginia § 62.1-44.34.8-9 and 9VAC25-580-10 et seq.
Test and dispose of any soil that is suspected of contamination or wastes that are generated during construction-related activities in accordance with applicable federal, state and local laws and regulations.
Itis 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

Natural Heritage Resources. The EIR (page 17) states that DOC’s consultant searched databases for natural heritage resources in the project area.

4(a) Agency Jurisdiction.

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established between VDACS and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species.

4(b) Agency Findings. DCR supports the use of uv/ozone to replace chlorination disinfection and the long-term benefits from the proposed upgrades to the treatment plant.

4(b)(i) Karst. DCR DNH states that this project has intersected the karst bedrock screening layer. Encountering undocumented caves, sinkholes or other sensitive karst features in this area is possible. Activities such as discharge of runoff to sinkholes or sinking streams, filling of sinkholes, and alteration of cave entrances can lead to environmental impacts including surface collapse, flooding, erosion and sedimentation, contamination of groundwater and springs, and degradation of subterranean habitat for natural heritage resources (e.g. cave adapted invertebrates, bats). These potential impacts are not necessarily limited to the immediate project area, as karst systems can transport water and associated contaminants rapidly over relatively long distances, depending on the nature of the local karst system.

4(b)(ii) Aquatic Natural Heritage Resources. According to DCR’s predictive suitable habitat models, the potential may exist for aquatic natural heritage resources, including several federally and/ or state protected rare mussels, downstream from the project area in the Clinch River.

4© Agency Findings – Threatened and Endangered Plant and Insect Species. DCR finds that the current activity will not affect any documented state-listed plant and insect species.

4(d) Agency Findings – Natural Area Preserves. DCR finds that there are no State Natural Area Preserves under its jurisdiction in the project vicinity.

4(e) Agency Recommendations. DCR has the following 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.

• Due to the potential presence of freshwater mussels downstream in the Clinch River, DCR also recommends adoption of ammonia limits protective of mussels for the Virginia Pollutant Discharge Elimination System (VPDES) permit.

• DCR recommends all applicable federal, state, and local regulations and guidelines be adhered to in the VPDES permitting of this project. If these

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established between VDACS and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species.

4(b) Agency Findings. DCR supports the use of uv/ozone to replace chlorination disinfection and the long-term benefits from the proposed upgrades to the treatment plant.

4(b)(ii) Aquatic Natural Heritage Resources. According to DCR’s predictive suitable habitat models, the potential may exist for aquatic natural heritage resources, including several federally andi or state protected rare mussels, downstream from the project area in the Clinch River.

4© Agency Findings - Threatened and Endangered Plant and Insect Species. DCR finds that the current activity will not affect any documented state-listed plant and insect species.

4(d) Agency Findings — Natural Area Preserves. DCR finds that there are no State Natural Area Preserves under its jurisdiction in the project vicinity.

4(e) Agency Recommendations. DCR has the following 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

Due to the potential presence of freshwater mussels downstream in the Clinch River, DCR also recommends adoption of ammonia limits protective of mussels for the Virginia Pollutant Discharge Elimination System (VPDES) permit.

DCR recommends all applicable federal, state, and local regulations and guidelines be adhered to in the VPDES permitting of this project. If these

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regulations are met, it will help reduce any potential impact to the karst, groundwater and surface water resources as well as any associated fauna and flora.

• If karst features such as additional undocumented sinkholes, caves, disappearing streams, and large springs are encountered during the project, coordinate with DCR to document and minimize adverse impacts.

• If the project involves filling or “improvement” of sinkholes or cave openings, DCR would like detailed location information and copies of the design specifications. In cases where sinkhole improvement is for storm water discharge, copies of VDOT Form EQ-120 will suffice.

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

Wildlife Resources. The EIR (page 24) states that no trees are proposed to be removed and there are no surface waters on the project site. Impacts to wildlife are expected to be minor. Impacts to protected species are not anticipated. The Clinch River is 0.1 mile from the project site (page 15).

5(a) Agency Jurisdiction. The Virginia Department of Wildlife Resources (DWR), 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). DWR 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. DWR 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 DWR website at www.dwr.virginia.gov.

5(b) Agency Findings. DWR states that the Clinch River in the project area is designated a Threatened and Endangered Species Water due to the presence of a significant number of state and federally listed aquatic species, including but not limited to Tennessee Beans, Oyster Mussels, Sickle Darters, and Slender Chubs. DWR also documents federally proposed state-listed endangered Tri-Colored Bats from the project area.

Provided that no instream work is proposed as part of the upgrades to the wastewater treatment plant, DWR does not anticipate adverse impacts upon listed species in the Clinch River to result from activities associated with this particular project. However, DWR will work with DEQ and the applicant on the issuance/reissuance of the VPDES permit associated with this facility to address any concerns related to operation of the

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regulations are met, it will help reduce any potential impact to the karst, groundwater and surface water resources as well as any associated fauna and flora.

If karst features such as additional undocumented sinkholes, caves, disappearing streams, and large springs are encountered during the project, coordinate with DCR to document and minimize adverse impacts.

© If the project involves filling or “improvement” of sinkholes or cave openings, DCR would like detailed location information and copies of the design specifications. In cases where sinkhole improvement is for storm water discharge, copies of VDOT Form EQ-120 will suffice.

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

Wildlife Resources. The EIR (page 24) states that no trees are proposed to be removed and there are no surface waters on the project site. Impacts to wildlife are expected to be minor. Impacts to protected species are not anticipated. The Clinch River is 0.1 mile from the project site (page 15).

5(a) Agency Jurisdiction. The Virginia Department of Wildlife Resources (DWR), 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). DWR is a consulting agency under the U.S. Fish and Wildlife Coordination Act (16 U.S. Code §661 ef seq.) and provides environmental analysis of projects or permit applications coordinated through DEQ and several other state and federal agencies. DWR 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 DWR website at www.dwr.virginia.gov.

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facility to ensure avoidance of impacts upon listed aquatic species and other resources under our jurisdiction.

DWR’s online bat hibernacula and roost applications do not indicate that the project site occurs within any regulatory buffers of known Tri-Colored Bat hibernacula or roosts. Therefore, DWR does not anticipate adverse impacts upon this species to result from activities associated with this project.

5© Agency Recommendations. DWR has the following recommendations:

Bats

DWR recommends DCOR review DWR’s Best Management Practices for Tri-Colored Bats that is accessible online at http://www.dwr.virginia.gov/wp-content/uploads/LBBA_TCBA_Guidance.pdf.

Impacts to Wildlife and Natural Resources

To minimize overall impacts to wildlife and natural resources, DWR has the following recommendations about development activities:

• Avoid and minimize impacts to undisturbed forest, wetlands, and streams to the fullest extent practicable as applicable. Avoidance and minimization of impact may include relocating stream channels as opposed to filling or channelizing as well as using, and incorporating into the development plan, a natural stream

channel design and forested riparian buffers.

• Maintain undisturbed naturally vegetated buffers of at least 100 feet in width around all on-site wetlands and on both sides of all perennial and intermittent streams.

• Maintain wooded lots to the fullest extent possible.

• Design stormwater controls for this project to replicate and maintain the hydrographic condition of the site prior to the change in landscape. This should include, but not be limited to, utilizing bioretention areas, and minimizing the use of curb and gutter in favor of grassed swales. Bioretention areas (also called rain gardens) and grass swales are components of Low Impact Development (LID). They are designed to capture stormwater runoff as close to the source as possible and allow it to infiltrate slowly into the surrounding soil. They benefit natural resources by filtering pollutants and decreasing downstream runoff volumes.

• Adhere to a time-of-year restriction from March 15 through August 15 of any year for tree removal and ground clearing to protect nesting resident and migratory songbirds.

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facility to ensure avoidance of impacts upon listed aquatic species and other resources under our jurisdiction

5© Agency Recommendations. DWR has the following recommendations: Bats DWR recommends DCOR review DWR’s Best Management Practices for Tri-Colored

Bats that is accessible online at http://www.dwr.virginia.gov/wp-content/uploads/LBBA_TCBA Guidance.pdf.

Impacts to Wildlife and Natural Resources

To minimize overall impacts to wildlife and natural resources, DWR has the following recommendations about development activities:

Avoid and minimize impacts to undisturbed forest, wetlands, and streams to the fullest extent practicable as applicable. Avoidance and minimization of impact may include relocating stream channels as opposed to filling or channelizing as well as using, and incorporating into the development plan, a natural stream channel design and forested riparian buffers.

¢ Maintain undisturbed naturally vegetated buffers of at least 100 feet in width around all on-site wetlands and on both sides of all perennial and intermittent streams.

¢ Maintain wooded lots to the fullest extent possible.

Design stormwater controls for this project to replicate and maintain the hydrographic condition of the site prior to the change in landscape. This should include, but not be limited to, utilizing bioretention areas, and minimizing the use of curb and gutter in favor of grassed swales. Bioretention areas (also called rain gardens) and grass swales are components of Low Impact Development (LID). They are designed to capture stormwater runoff as close to the source as possible and allow it to infiltrate slowly into the surrounding soil. They benefit natural resources by filtering pollutants and decreasing downstream runoff volumes.

Adhere to a time-of-year restriction from March 15 through August 15 of any year for tree removal and ground clearing to protect nesting resident and migratory songbirds.

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• Adhere to erosion and sediment controls during ground disturbance

• To minimize potential wildlife entanglements resulting from use of synthetic/plastic erosion and sediment control matting, we recommend use of matting made from natural/organic materials such as coir fiber, jute, and/or burlap.

• Implement a naturally vegetated buffer of at least 300 feet on both sides of waters known to support listed aquatic species for protection of these species.

DWR generally does not support proposals to mitigate wetland impacts through the construction of stormwater management ponds or the creation of in-stream stormwater management ponds.

Virginia Wildlife Action Plan

In addition to the listed species and wildlife resources mentioned above, a number of species designated as Species of Greatest Conservation Need in Virginia’s Wildlife Action Plan are likely to occur, if suitable habitat exists, in and around the project area. DWR recommends that the Virginia Wildlife Action Plan (available at www.bewildvirginia.gov) be reviewed to determine what threats are known to these species, what constitutes suitable habitat for these species, and how to best protect them and their habitats from harm.

Federally Listed Species

This project is located within 2 miles of a documented occurrence of federally listed species. To ensure protection of such species, DWR recommends coordination with the U.S. Fish and Wildlife Service (FWS) through the Online Project Review Process (https://www.fws.gov/office/virginia-ecological-services/virginia-field-office-online-review- process).

Historic and Archaeological Resources. The EIR (pages 24-25) states that no impacts to archaeological or historic architectural resources are anticipated.

6(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. For state projects or activities on state lands, DHR is afforded an opportunity to review and comment on (1)

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

Adhere to erosion and sediment controls during ground disturbance
To minimize potential wildlife entanglements resulting from use of synthetic/plastic erosion and sediment control matting, we recommend use of matting made from natural/organic materials such as coir fiber, jute, and/or burlap.

Implement a naturally vegetated buffer of at least 300 feet on both sides of waters known to support listed aquatic species for protection of these species.

DWR generally does not support proposals to mitigate wetland impacts through the construction of stormwater management ponds or the creation of in-stream stormwater management ponds.

Virginia Wildlife Action Plan

at www. bewildvirginia.gov) be reviewed to determine what threats are known to these species, what constitutes suitable habitat for these species, and how to best protect them and their habitats from harm.

Federally Listed Species

This project is located within 2 miles of a documented occurrence of federally listed species. To ensure protection of such species, DWR recommends coordination with the U.S. Fish and Wildlife Service (FWS) through the Online Project Review Process (httos://www fws.gov/office/virginia-ecological-services/virginia-field-office-online-review-

process).

Historic and Archaeological Resources. The EIR (pages 24-25) states that no impacts to archaeological or historic architectural resources are anticipated.

6(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. For state projects or activities on state lands, DHR is afforded an opportunity to review and comment on (1)

DOC Appalachian Detention Center Wastewater Upgrades 22-197S

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; (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. See DHR’s website for more information about applicable state and federal laws and how to submit an application for review: http://www.dhr.virginia.gov/StateStewardship/Index.htm.

6(b) Agency Findings. DHR states that there are no known archaeological resources in the project area of potential effect (APE); however, the APE has never been surveyed for archaeological resources. A review of historic aerial and topographic images indicates that the APE has been disturbed by at least one cycle of construction and demolition. Additionally, the APE was likely disturbed when the wastewater treatment plant was constructed. Based on this information, there is very little likelihood of encountering intact archaeological deposits in the APE. No historic architectural resources will be impacted by this project.

6© Agency Recommendation. In the event that previously unidentified archaeological resources are discovered during ground disturbing activities, all construction work involving subsurface disturbance should be halted in the area of the resource and in the surrounding area where further subsurface remains can be reasonably expected to occur. The State Historic Preservation Officer (SHPO) via DHR should be contacted for further guidance before proceeding with additional site work.

Sewer System Regulations. The EIR (page 11) states that the proposed upgrades would meet the requirements of the Sewage Collection and Treatment Regulations.

7(a) Agency Jurisdiction. DEQ has approval authority for most discharging sewage collection systems and treatment works, except drainfields and other on-site systems approved by the local health department. This authority is contained in the Sewage Collection and Treatment Regulations (9VAC25-790 et seq.). Construction of sanitary wastewater collection systems must comply with the state’s sewerage regulations. Additional information is available at https://www.deq.virginia.gov/water/wastewater.

7(b) Requirements. DEQ SWRO states that the project proponent is required to obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ SWRO, prior to constructing wastewater treatment works and operating the treatment works, respectively.

Water Quality. The EIR (page 23) states that there are no mapped surface waters on the proposed project site. While the EIR states that DOC would obtain a VPDES permit for land disturbance, it does not address whether the proposed upgrades would affect the VPDES permit for wastewater treatment works.

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

6(b) Agency Findings. DHR states that there are no known archaeological resources in the project area of potential effect (APE); however, the APE has never been surveyed for archaeological resources. A review of historic aerial and topographic images indicates that the APE has been disturbed by at least one cycle of construction and demolition. Additionally, the APE was likely disturbed when the wastewater treatment plant was constructed. Based on this information, there is very little likelinood of encountering intact archaeological deposits in the APE. No historic architectural resources will be impacted by this project.

Sewer System Regulations. The EIR (page 11) states that the proposed upgrades would meet the requirements of the Sewage Collection and Treatment Regulations

7(a) Agency Jurisdiction. DEQ has approval authority for most discharging sewage collection systems and treatment works, except drainfields and other on-site systems approved by the local health department. This authority is contained in the Sewage Collection and Treatment Regulations (3VAC25-790 et seq.). Construction of sanitary wastewater collection systems must comply with the state’s sewerage regulations. Additional information is available at https://www.dea. virginia. gov/water/wastewater.

Water Quality. The EIR (page 23) states that there are no mapped surface waters on the proposed project site. While the EIR states that DOC would obtain a VPDES permit for land disturbance, it does not address whether the proposed upgrades would affect the VPDES permit for wastewater treatment works.

DOC Appalachian Detention Center Wastewater Upgrades 22-197S

8(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 (VWP) 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 and §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 within the DEQ Division of Water Permitting.

8(b) Requirements. DEQ SWRO states that modifications and upgrades to wastewater treatment works may have additional implications to the VPDES permit associated with the facility. Coordinate DEQ SWRO prior to construction to ensure compliance.

Water Withdrawal Permitting and Compliance. The EIR (page 23) states that impacts to groundwater are not anticipated. However, the EIR does not address how the facility obtains water for utility uses.

9(a) Agency Jurisdiction. The DEQ Office of Water Supply administers the regulation for groundwater and surface water reporting and permitting, which requires monthly measure and annual reporting of surface and ground water withdrawals by applicable individuals or facilities that meet the threshold. The purpose of withdrawal reporting is to enable appropriate planning for the Commonwealth’s future water needs through the collection of accurate information.

Under the Ground Water Management Act of 1992, the DEQ Water Withdrawal Permitting Program regulates ground water withdrawals in certain areas called Ground Water Management Areas. Groundwater is regulated under:

▪ The Ground Water Management Act of 1992 (Virginia Code, Title 62.1, Chapter 25)

▪ Designated Groundwater Management Areas (9VAC25-600-10 et seq.) ▪ The Groundwater Withdrawal Regulations (9VAC25-610-10 et seq.)

The Virginia Water Protection Permit (VWP) Program regulates surface water withdrawals from state waters and related permanent structures, fill, excavation, or back-flooding. DEQ issues VWP permits for such impacts through use of the joint permit application process and collaboration between the Office of Water Supply and the Office of Wetlands and Stream Protection. Examples of projects include, but are not limited to,

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

Water Withdrawal Permitting and Compliance. The EIR (page 23) states that impacts to groundwater are not anticipated. However, the EIR does not address how the facility obtains water for utility uses.

The Ground Water Management Act of 1992 (Virginia Code, Title 62.1, Chapter

Designated Groundwater Management Areas (9VAC25-600-10 et seq.)
The Groundwater Withdrawal Regulations (2VAC25-610-10 et seq.)

The Virginia Water Protection Permit (VWP) Program regulates surface water

withdrawals from state waters and related permanent structures, fil, excavation, or

back-flooding. DEQ issues VWP permits for such impacts through use of the joint permit

application process and collaboration between the Office of Water Supply and the Office

of Wetlands and Stream Protection. Examples of projects include, but are not limited to, 12

DOC Appalachian Detention Center Wastewater Upgrades 22-197S

reservoirs, power plants, public water supply and industrial intakes, and irrigation withdrawals. Surface water is regulated under:

o State Water Control Law, Virginia Code, §62.1-44.15:20 et seq.; and o State Water Control Regulations, 9VAC25-210-10.

9(b) Requirement. The DEQ SWRO states that withdrawals from surface water or groundwater sources may require a water withdrawal permit if they exceed certain withdrawal volumes. Both groundwater and surface water supplies are becoming more limited.

9© Agency Recommendation. If the proposed facility anticipates needing water in excess of 300,000 gallons in any month for groundwater or 10,000 gallons on any day from surface water, early engagement with the DEQ Office of Water Supply is strongly encouraged.

Energy Conservation. Executive Order 31 (2014) directs all state executive branch agencies, authorities, departments, and all institutions of higher education to pursue energy efficiency measures, especially Energy Performance Contracting. The Executive Order sets the goal to reduce electricity consumption in state facilities by 15% from the 2009-2010 baseline and directs state agencies to utilize the Energy Performance Contracting process supported by the Virginia Department of Energy (Virginia Energy).

10(a) Recommendations. Agencies of the Commonwealth should review Executive Order 31 (2014) on energy efficiency in state government operations and take appropriate actions to ensure compliance.

Please contact Virginia Energy (David Spears at 434-951-6350) for additional information on energy conservation measures. For more information on the LEED rating system, visit www.leedbuilding.org.

Pesticides and Herbicides. In general, when pesticides or herbicides must be used, their use should be strictly in accordance with manufacturers’ recommendations. In addition, DEQ recommends that the responsible party use the least toxic pesticides or herbicides effective in controlling the target species. For more information on pesticide or herbicide use, please contact the Virginia Department of Agriculture and Consumer Services (804-371-6560).
Pollution Prevention. DEQ advocates that principles of pollution prevention and sustainability be used in all construction projects as well as in facility operations.
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,

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

reservoirs, power plants, public water supply and industrial intakes, and irrigation withdrawals. Surface water is regulated under:

o State Water Control Law, Virginia Code, §62.1-44.15:20 et seq.; and o State Water Control Regulations, 9VAC25-210-10.

Energy Conservation. Executive Order 31 (2014) directs all state executive branch agencies, authorities, departments, and all institutions of higher education to pursue energy efficiency measures, especially Energy Performance Contracting. The Executive Order sets the goal to reduce electricity consumption in state facilities by 15% from the 2009-2010 baseline and directs state agencies to utilize the Energy Performance Contracting process supported by the Virginia Department of Energy (Virginia Energy).

10(a) Recommendations. Agencies of the Commonwealth should review Executive Order 31 (2014) on energy efficiency in state government operations and take appropriate actions to ensure compliance.

Please contact Virginia Energy (David Spears at 434-951-6350) for additional information on energy conservation measures. For more information on the LEED rating system, visit www.leedbuilding.org

11, Pesticides and Herbicides. In general, when pesticides or herbicides must be used, their use should be strictly in accordance with manufacturers’ recommendations. In addition, DEQ recommends that the responsible party use the least toxic pesticides or herbicides effective in controlling the target species. For more information on pesticide or herbicide use, please contact the Virginia Department of Agriculture and Consumer Services (804-371-6560).

Pollution Prevention. DEQ advocates that principles of pollution prevention and sustainability be used in all construction projects as well as in facility operations. 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,

DOC Appalachian Detention Center Wastewater Upgrades 22-197S

design, and operational procedures that will facilitate the reduction of wastes at the source.

12(a) Recommendations. We have several pollution prevention recommendations that may be helpful in constructing or operating this facility:

• Consider development of an effective Environmental Management System (EMS). An effective EMS will ensure that the proposed facility is committed to complying with environmental regulations, reducing risk, minimizing environmental impacts, setting environmental goals, and achieving improvements in its environmental performance. DEQ offers EMS development assistance and 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 energy efficiency when choosing materials and products, like insulation, fixtures, and HVAC systems.

• Consider contractors’ commitment to the environment when choosing contractors. Specifications regarding raw materials and construction practices can be included in contract documents and requests for proposals.

• Choose sustainable materials and practices for building construction and design.

• 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).

Floodplain Management. The EIR (page 23) states that the proposed project location is not within the 100-year or 500-year floodplains.

13(a) Agency Jurisdiction. DCR is the lead coordinating agency for the Commonwealth’s floodplain management program and the National Flood Insurance Program (Code of Virginia § 10.1-602). Pursuant to §10.1-603 of the Virginia Code and in accordance with 44 CFR section 60.12 of the National Flood Insurance Program Regulations for Floodplain Management and Flood Hazard Identification, all construction or land-disturbing activities initiated by an agency of the Commonwealth, or

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

design, and operational procedures that will facilitate the reduction of wastes at the source.

12(a) Recommendations. We have several pollution prevention recommendations that may be helpful in constructing or operating this facility:

Consider development of an effective Environmental Management System (EMS). An effective EMS will ensure that the proposed facility is committed to complying with environmental regulations, reducing risk, minimizing environmental impacts, setting environmental goals, and achieving improvements in its environmental performance. DEQ offers EMS development assistance and 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 energy efficiency when choosing materials and products, like insulation, fixtures, and HVAC systems.
Consider contractors’ commitment to the environment when choosing contractors. Specifications regarding raw materials and construction practices can be included in contract documents and requests for proposals.
Choose sustainable materials and practices for building construction and design.
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.

13, Floodplain Management. The EIR (page 23) states that the proposed project location is not within the 10-year or 50-year floodplains.

DOC Appalachian Detention Center Wastewater Upgrades 22-197S

by its contractor, in floodplains shall be submitted to the locality and comply with the locally adopted floodplain management ordinance. New state-owned buildings shall not be constructed within a 100-year or 500-year floodplain unless a variance is granted by the director of the Division of Engineering and Buildings (DEB) at the Department of General Services (DGS) as Building Official for state-owned buildings (Executive Order 45). If a locality is not participating in the National Flood Insurance Program, the project should be submitted to DGS for review. State agencies shall submit building construction projects to the Building Official for state-owned buildings for review.

13(b) Agency Findings. The DGS DEB states that the proposed project location is not within the 100-year or the 500-year floodplain as verified using the Virginia Flood Risk Information System (VFRIS) and consistent with the report (Section 3.4.3). Therefore, a variance to Executive Order 45 (2019) regarding floodplain management requirements is not required from the Director of DGS to proceed with this project.

REGULATORY AND COORDINATION NEEDS

Erosion and Sediment Control and Stormwater Management.

1(a) Erosion and Sediment Control Project-Specific Plans. If the state agency has no previously DEQ-approved annual standards and specifications and the project results in a land disturbing activity of equal to or greater than 10,000 square feet (or local thresholds when they are more stringent than state requirements), the agency must prepare a project-specific ESC plan and submit it to DEQ SWRO (Kelly Miller at 276-676-4879 or email [email protected]) for review and approval.

1(b) Stormwater Management Project-Specific Plans. For state-agency projects that involve a land-disturbing activity of equal to or greater than 10,000 square feet and if the state agency has no previously DEQ-approved annual standards and specifications, the state agency must prepare a project-specific stormwater management (SWM) plan and submit it to the DEQ SWRO (Kelly Miller at 276-676-4879 or email [email protected]) for review and approval for review and approval.

1© General Permit for Stormwater Discharges from Construction Activities (VAR10). The owner/operator of projects involving land-disturbing activities of equal to or greater than one acre is required to apply for registration coverage under the General 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. The SWPPP must address water quality and quantity in accordance with the VSMP Permit Regulations. Contact DEQ SWRO (Kelly Miller at 276-676-4879 or email [email protected]) for review and approval or the locality for additional information if necessary.

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

by its contractor, in floodplains shall be submitted to the locality and comply with the locally adopted floodplain management ordinance. New state-owned buildings shall not be constructed within a 100-year or 500-year floodplain unless a variance is granted by the director of the Division of Engineering and Buildings (DEB) at the Department of General Services (DGS) as Building Official for state-owned buildings (Executive Order 45). Ifa locality is not participating in the National Flood Insurance Program, the project should be submitted to DGS for review. State agencies shall submit building construction projects to the Building Official for state-owned buildings for review.

REGULATORY AND COORDINATION NEEDS

Erosion and Sediment Control and Stormwater Management.

4(a) Erosion and Sediment Control Project-Specific Plans. If the state agency has no previously DEQ-approved annual standards and specifications and the project results in a land disturbing activity of equal to or greater than 10,000 square feet (or local thresholds when they are more stringent than state requirements), the agency must prepare a project-specific ESC plan and submit it to DEQ SWRO (Kelly Miller at 276-676-4879 or email Kelly.Miller@deq. virginia. gov) for review and approval.

4(b) Stormwater Management Project-Specific Plans. For state-agency projects that involve a land-disturbing activity of equal to or greater than 10,000 square feet and if the state agency has no previously DEQ-approved annual standards and specifications, the state agency must prepare a project-specific stormwater management (SWM) plan and submit it to the DEQ SWRO (Kelly Miller at 276-676-4879 or email [email protected]) for review and approval for review and approval.

4© General Permit for Stormwater Discharges from Construction Activities (VAR10). The owner/operator of projects involving land-disturbing activities of equal to or greater than one acre is required to apply for registration coverage under the General 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. The SWPPP must address water quality and quantity in accordance with the VSMP Permit Regulations. Contact DEQ SWRO (Kelly Miller at 276-676-4879 or email Kelly.Miller@deq. virginia.gov) for review and approval or the locality for additional information if necessary.

DOC Appalachian Detention Center Wastewater Upgrades 22-197S

Air Quality Regulations. The following regulations may apply during construction:

• fugitive dust and emissions control (9VAC5-50-60 et seq.);

• permits for fuel-burning equipment (9VAC5-80-110 et seq.); and

• open burning restrictions (9VAC5-130 et seq.).

Contact officials with the locality for information on any local requirements pertaining to open burning if necessary. Coordinate with DEQ SWRO (Tracey Blalock at 276-676- 8848 or email [email protected]) as necessary.

Solid Waste and Hazardous Substances. All solid waste, hazardous waste, and hazardous materials must be managed in accordance with all applicable federal, state, and local environmental regulations. Contact DEQ SWRO (Stacey Bowers at (276) 608- 8777 or email [email protected]) to report evidence of a petroleum release, if discovered during construction of this project, or for additional information on waste management if necessary.
Natural Heritage Resources.

• Coordinate with DCR DNH on its recommendation for ammonia limits in the facility’s VPDES permit to protect mussels.

• If karst features such as additional undocumented sinkholes, caves, disappearing streams, and large springs are encountered during the project, please coordinate with DCR (Wil Orndorff at 540-230-5960 or [email protected]) to document and minimize adverse impacts.

• Contact the DCR DNH (804-371-2708) and 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.

Wildlife Resources. Coordinate with DWR (Lee Brann at [email protected]) regarding the issuance/reissuance of the VPDES permit associated with the facility and its other recommendations to protect wildlife resources.
Historic and Archaeological Resources. The State Historic Preservation Officer (SHPO) via DHR should be contacted for further guidance before proceeding with additional site work if previously unidentified archaeological resources are discovered

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

Air Quality Regulations. The following regulations may apply during construction

fugitive dust and emissions control (SVAC5-50-60 et seq.):
permits for fuel-burning equipment (9VAC5-80-110 ef seq.); and
open burning restrictions (2VAC5-130 et seq.).

Contact officials with the locality for information on any local requirements pertaining to ‘open burning if necessary. Coordinate with DEQ SWRO (Tracey Blalock at 276-676- 8848 or email [email protected]) as necessary.

Solid Waste and Hazardous Substances. All solid waste, hazardous waste, and hazardous materials must be managed in accordance with all applicable federal, state, and local environmental regulations. Contact DEQ SWRO (Stacey Bowers at (276) 608- 8777 or email [email protected]) to report evidence of a petroleum release, if discovered during construction of this project, or for additional information on waste management if necessary.
Natural Heritage Resources.

Coordinate with DCR DNH on its recommendation for ammonia limits in the facility’s VPDES permit to protect mussels.

If karst features such as additional undocumented sinkholes, caves, disappearing streams, and large springs are encountered during the project, please coordinate with DCR (Wil Orndorff at 540-230-5960 or [email protected]) to document and minimize adverse impacts.

If the project involves filling or “improvement” of sinkholes or cave openings, DCR would like detailed location information and copies of the design specifications. In cases where sinkhole improvement is for storm water discharge, copies of VDOT Form EQ-120 will suffice.
Contact the DCR DNH (804-371-2708) and 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

Wildlife Resources. Coordinate with DWR (Lee Brann at [email protected]) regarding the issuance/reissuance of the VPDES permit associated with the facility and its other recommendations to protect wildlife resources.
Historic and Archaeological Resources. The State Historic Preservation Officer (SHPO) via DHR should be contacted for further guidance before proceeding with additional site work if previously unidentified archaeological resources are discovered

DOC Appalachian Detention Center Wastewater Upgrades 22-197S

during ground-disturbing activities. Coordinate with DHR (Adrienne Birge-Wilson at [email protected]) as necessary.

Sewerage Regulations. Coordinate with DEQ SWRO (David Nishida at [email protected]) to obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ SWRO, prior to constructing wastewater treatment works and operating the treatment works, respectively.
Discharge Permit. Coordinate DEQ SWRO (David Nishida at [email protected]) prior to construction to ensure compliance with VPDES permitting and requirements. Additional information is available online at https://www.deq.virginia.gov/permits-regulations/permits/water/surface-water-virginia- pollutant-discharge-elimination-system.
Water Withdrawal Permitting. If the proposed facility anticipates needing water in excess of 300,000 gallons in any month for groundwater or 10,000 gallons on any day from surface water, coordinate with the DEQ Office of Water Supply (Joe Grist at [email protected]). Additional information is available on the DEQ website at https://www.deq.virginia.gov/permits-regulations/permits/water/water-withdrawal.

DOC Appalachian Detention Center Wastewater Upgrades 22-1978

during ground-disturbing activities. Coordinate with DHR (Adrienne Birge-Wilson at

adrienne. [email protected]) as necessary.

Sewerage Regulations. Coordinate with DEQ SWRO (David Nishida at [email protected]) to obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ SWRO, prior to constructing wastewater treatment works and operating the treatment works, respectively.
Discharge Permit. Coordinate DEQ SWRO (David Nishida at

david.nishida@deq virginia.gov) prior to construction to ensure compliance with VPDES permitting and requirements. Additional information is available online at https://www.deq.virginia.gov/permits-regulations/permits/water/surface-water-virginia-

pollutant-discharge-elimination-system

Water Withdrawal Permitting. If the proposed facility anticipates needing water in excess of 300,000 gallons in any month for groundwater or 10,000 gallons on any day from surface water, coordinate with the DEQ Office of Water Supply (Joe Grist at

[email protected]). Additional information is available on the DEQ website at https://www.deq.virginia.gov/permits-requlations/permits/water/water-withdrawal.

12/14/22, 9:26 AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S

https://mail.google.com/mail/u/0/?ik=20360974b0&view=pt&search=all&permthid=thread-f%3A1752125889587861930|msg-f%3A1752199074977… 1/3

Wellman, Julia [email protected]

Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S 1 message

Gavan, Lawrence [email protected] Wed, Dec 14, 2022 at 9:13 AM To: “Wellman, Julia” [email protected]

(a) Agency Jurisdiction. The Department of Environmental Quality (DEQ) administers the Virginia Erosion and Sediment Control Law and Regulations (VESCL&R) and the Virginia Stormwater Management Law and Regulations (VSWML&R).

(b) Erosion and Sediment Control Project-Specific Plans. If the state agency has no previously DEQ-approved Annual Standards and Specifications and the project results in a land- disturbing activity of equal to or greater than 10,000 square feet (2,500 square feet in Chesapeake Bay Preservation Area or local thresholds when they are more stringent than state requirements), the applicant must prepare a project-specific ESC plan and submit it to the DEQ Regional Office for review and approval. The ESC plan must be approved prior to commencing land-disturbing activity at the project site. All regulated land-disturbing activities associated with the project, including on- and off-site access roads, staging areas, borrow areas, stockpiles, and soil transported from the project site, must be covered by the project-specific ESC plan. The ESC plan must be prepared in accordance with the VESCL and VESCR and the most current version of the Virginia Erosion and Sediment Control Handbook.

© Stormwater Management Project-Specific Plans. For state-agency projects that involve a land-disturbing activity of equal to or greater than one acre (2,500 square feet in areas designated as subject to the Chesapeake Bay Preservation Area Regulations) and if the state agency has no previously DEQ-approved Annual Standards and Specifications the Applicant must prepare a project-specific stormwater management (SWM) plan and submit it for review and approval to the DEQ Regional Office. An approved plan is required prior to initiation of any regulated activities at the project site. The project-specific SWM plan must be prepared in accordance with the VSWML and the Virginia Stormwater Management Program (VSMP) Permit Regulations. In accordance with 9VAC25-870-160 individual plans, to the largest extent practicable, shall comply with any locality’s VSMP authority’s technical requirements adopted pursuant to the Act. It shall be the responsibility of the state agency to demonstrate that the locality’s VSMP authority’s technical requirements are not practicable for the project under consideration.

(d) General Permit for Stormwater Discharges from Construction Activities (VAR10). The owner/operator of projects involving land-disturbing activities of equal to or greater than one acre is required to apply for registration coverage under the General 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. · The SWPPP must address water quality and quantity in accordance with the VSMP Permit Regulations.

[Reference: Virginia Stormwater Management Act 62.1-44.15 et seq.; VSMP Permit Regulations 9VAC25-880 et seq.]

12114122, 026 AM ‘Commonweaith of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-1978 a4 Commonweath of irgini: <juli .virginia.gov> Virginia Wellman, Julia <[email protected]’

Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S

1 message

Gavan, Lawrence [email protected] Wed, Dec 14, 2022 at 9:13 AM To: “Wellman, Julia” <julia. wellman@deq virginia. gov>

. The SWPPP must be prepared prior to submission of the registration statement for coverage under the General Permit. . The SWPPP must address water quality and quantity in accordance with the

VSMP Permit Regulations.

[Reference: Virginia Stormwater Management Act 62.1-44.15 et seq.; VSMP Permit Regulations 9VAC25-880 ef seq.]

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12/14/22, 9:26 AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S

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Larry Gavan Work Number (804) 965-3320 [email protected]

On Tue, Dec 13, 2022 at 1:51 PM Fulcher, Valerie [email protected] wrote: Good a�ernoon - this is a new OEIR review request/project:

Document Type: EIR Project Sponsor: Virginia Department of Correc�ons Project Title: Appalachian Deten�on Center Unit #29 Wastewater Treatment Plant Upgrades Loca�on: Russell County Project Number: DEQ #22-197S

The document is a�ached.

The due date for comments is JANUARY 13, 2023. You can send your comments either directly to JULIA WELLMAN by email ([email protected]), or you can send your comments by regular interagency/U.S. mail to the Department of Environmental Quality, Office of Environmental Impact Review, P.O. Box 1105, Richmond, VA 23218.

If you cannot meet the deadline, please no�fy the project coordinator prior to the comment due date. Arrangements may be made to extend the deadline for comments if possible. An agency will be considered to have no concerns if comments are not received (or contact is made) within the review period. However, it is important that agencies consistently par�cipate in accordance with Virginia Code Sec�on 10.1-1192.

REVIEW INSTRUCTIONS:

A. Please review the document carefully. If the proposal has been previously reviewed (e.g. as a dra� EIS or a Part 1 EIR), please consider whether your earlier comments have been adequately addressed.

B. Prepare your agency’s comments in a form which would be acceptable for responding directly to a project proponent agency (agency sta�onary or email) and include the project number on all correspondence.

If you have any ques�ons, please email Julia.

Thanks!

Valerie

–

Valerie A. Fulcher, CAP, OM, Admin/Data Coordinator Senior

Department of Environmental Quality

Environmental Enhancement - Office of Environmental Impact Review

1111 East Main Street

Richmond, VA 23219

12/14/22, 9:26AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-1978,

Larry Gavan ‘Work Number (804) 965-3320 larry.gavan@deq virginia. gov

On Tue, Dec 13, 2022 at 1:51 PM Fulcher, Valerie <valerie.{ulcher@deq virginia. gov> wrote: Good afternoon - this is a new OEIR review request/project:

Document Type: EIR Project Sponsor: Virginia Department of Corrections

Project Title: Appalachian Detention Center Unit #29 Wastewater Treatment Plant Upgrades Location: Russell County

Project Number: DEQ #22-197S

The document is attached.

If you cannot meet the deadline, please notify the project coordinator prior to the comment due date. Arrangements may be made to extend the deadline for comments if possible. An agency will be considered to have no concerns if comments are not received (or contact is made) within the review period, However, it is important that agencies consistently participate in accordance with Virginia Code Section 10.1-1192.

REVIEW INSTRUCTIONS:

A. Please review the document carefully. If the proposal has been previously reviewed (e.g. as a draft EIS or a Part 1 EIR), please consider whether your earlier comments have been adequately addressed.

B. Prepare your agency’s comments in a form which would be acceptable for responding directly to a project proponent agency (agency stationary or email) and include the project number on all correspondence.

If you have any questions, please email Julia. Thanks!

Valerie

Valerie A. Fulcher, CAP, OM, Admin/Data Coordinator Senior Department of Environmental Quality

Environmental Enhancement - Office of Environmental Impact Review 1111 East Main Street

Richmond, VA 23219

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12/14/22, 9:26 AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S

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NEW PHONE NUMBER: 804-659-1550

Email: [email protected]

https://www.deq.virginia.gov/permits-regulations/environmental-impact-review

OUR ENFORCEABLE POLICIES HAVE BEEN UPDATED FOR 2021: https://www.deq.virginia.gov/permits- regulations/environmental-impact-review/federal-consistency

For program updates and public notices please subscribe to Constant Contact: h�ps://lp.constantcontact.com/su/ MVcCump/EIR

12/14/22, 9:26AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-1978, NEW PHONE NUMBER: 804-659-1550

Email: [email protected]

https:/www.deq, virginia.gov/permits-regulations/em

OUR ENFORCEABLE POLICIES HAVE BEEN UPDATED FOR 2021: https://www.deq.virginia.gov/per regulations/environmental-impact-review/federal-consistency.

For program updates and public notices please subscribe to Constant Contact: https://lp.constantcontact.com/su/ MvVcCump/EIR

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MEMORANDUM

TO: Julia Wellman, DEQ/EIR Environmental Program Planner

FROM: Carlos A. Martinez, Division of Land Protection & Revitalization Review Coordinator

DATE: December 28, 2022

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

SUBJECT: Environmental Impact Review: 22-197S Appalachian Detention Center Unit #29 Wastewater Treatment Plant Upgrades in Russell County, Virginia.

The Division of Land Protection & Revitalization (DLPR) has completed its review of the Virginia Department of Corrections’ December 13, 2022 EIR for Appalachian Detention Center Unit #29 Wastewater Treatment Plant Upgrades in Russell County, Virginia.

DLPR staff has reviewed the submittal and offers the following comments:

Hazardous Waste/RCRA Facilities – none in close proximity to the project area

CERCLA Sites – none in close proximity to the project area

Formerly Used Defense Sites (FUDS) – none in close proximity to the project area.

Solid Waste – none in close proximity to the project area

Virginia Remediation Program (VRP) – none in close proximity to the project area

Petroleum Releases – none in close proximity to the project area

MEMORANDUM

TO: Julia Wellman, DEQ/EIR Environmental Program Planner

FROM: Carlos A. Martinez, Division of Land Protection & Revitalization Review Coordinator

DATE: December 28, 2022

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

Manager; file

SUBJECT: — Environmental Impact Review: 22-197S Appalachian Detention Center Unit #29 Wastewater Treatment Plant Upgrades in Russell County, Virginia,

DLPR staff conducted a search (200 ft. radius) of the project area of solid and hazardous waste databases (including petroleum releases) to identify waste sites in close proximity to the project area, DLPR search did not identify any waste sites within the project area which might impact the project. DLPR staff has reviewed the submittal and offers the following comments: Hazardous Waste/RCRA Facilities — none in close proximity to the project area CERCLA Sites — none in close proximity to the project area Formerly Used Defense Sites (FUDS) ~ none in close proximity to the project area. Solid Waste ~ none in close proximity to the project area

Virginia Remediation Program (VRP) — none in close proximity to the project area

Petroleum Releases ~ none in close proximity to the project area

PROJECT SPECIFIC COMMENTS

None

GENERAL COMMENTS

Soil, Sediment, Groundwater, and Waste Management

Any soil, sediment or groundwater that is suspected of contamination or wastes that are generated must be tested and disposed of in accordance with applicable Federal, State, and local laws and regulations. Some 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.

Asbestos and/or Lead-based Paint

All structures being demolished/renovated/removed should be checked 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 9VAC 20- 81-620 for ACM and 9VAC 20-60-261 for LBP must be followed. Questions may be directed to the DEQ’s Southwest Regional Office at (276) 676-4800.

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 Carlos A. Martinez by phone at (804) 350-9962 or email [email protected].

PROJECT SPECIFIC COMMENTS None GENERAL COMMENTS

Soil, Sediment, Groundwater, and Waste Management

Any soil, sediment or groundwater that is suspected of contamination or wastes that are generated must be tested and disposed of in accordance with applicable Federal, State, and local laws and regulations. Some 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 seg., 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.

Asbestos and/or Lead-based Paint

Pe n 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 Carlos A. Martinez by

phone at (804) 350-9962 or email Carlos. Martinez@DEQ. Virginia.Gov.

Travis A. Voyles Frank N. Stovall Acting Secretary of Natural and Historic Resources Deputy Director

for Operations

Matthew S. Wells Darryl Glover Director Deputy Director for

Dam Safety, Floodplain Management and Soil and Water Conservation

Andrew W. Smith Chief Deputy Director

Laura Ellis Deputy Director for Administration and Finance

600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124

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

MEMORANDUM

DATE: January 18, 2023

TO: Julia Wellman

FROM: Allison Tillett, Environmental Impact Review Coordinator

SUBJECT: DEQ 22-197S, Appalachian Detention Center Unit #29 Wastewater Treatment Plant Upgrades

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, Greenways, and Blueways; Virginia State Park Master Planning and State Park Design and Construction. PRR also administers the Land & Water Conservation Fund (LWCF) program in Virginia.

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.

Please note according to DCR’s predictive suitable habitat models, potential may exist for aquatic natural heritage resources, including several federally and/ or state protected rare mussels, downstream from the project area in the Clinch River. 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 supports the use of uv/ozone to replace chlorination disinfection and the long-term benefits from the proposed upgrades to the treatment plant. Due to the potential presence of freshwater mussels downstream in the Clinch River, DCR also recommends adoption of ammonia limits protective of mussels for the VPDES permit.

This project area also intersects the karst bedrock screening layer. Encountering undocumented caves, sinkholes or other sensitive karst features in this area is possible. During every phase of the project, DCR recommends stabilization of the soil around the site. Minimizing surface disturbance, strict use of E&S control measures appropriate for the location and adherence to best management practices appropriate for

Travis A. Voyles Frank N. Stovall

Acting Secretary of Naural and Historic Resources Deputy Director for Operations

Matthew S. Wells Darryl Glover

Director Deputy Director for Dam Safes

Floodplain Management and Soil and Water Conservation ‘Andrew W. Smith Chief Deputy Director Laura Ellis Deputy Director for Administration and Finance

MEMORANDUM

DATE: January 18, 2023

TO: Julia Wellman

FROM: Allison Tillett, Environmental Impact Review Coordinator

SUBJECT: DEQ 22-1975, Appalachian Detention Center Unit #29 Wastewater Treatment Plant Upgrades

Division of Planning and Recreation Resources

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.

£600 Fast Main Street, 24" Floor | Richmond, Virginia 23219 | 804-786-6124

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

karst will help to reduce any potential impact to the karst, groundwater and surface water resources as well as any associated fauna and flora.

If karst features such as sinkholes, caves, disappearing streams, and large springs are encountered during the project, please coordinate with Wil Orndorff (540-230-5960, [email protected]) the Virginia DCR, Division of Natural Heritage Karst Protection Coordinator, to document and minimize adverse impacts. Activities such as discharge of runoff to sinkholes or sinking streams, filling of sinkholes, and alteration of cave entrances can lead to environmental impacts including surface collapse, flooding, erosion and sedimentation, contamination of groundwater and springs, and degradation of subterranean habitat for natural heritage resources (e.g. cave adapted invertebrates, bats). These potential impacts are not necessarily limited to the immediate project area, as karst systems can transport water and associated contaminants rapidly over relatively long distances, depending on the nature of the local karst system. If the project involves filling or “improvement” of sinkholes or cave openings, DCR would like detailed location information and copies of the design specifications. In cases where sinkhole improvement is for storm water discharge, copies of VDOT Form EQ-120 will suffice.

DCR recommends all applicable federal, state, and local regulations and guidelines be adhered to in the VPDES permitting of this project. If these regulations are met, it will help reduce any potential impact to the karst, groundwater and surface water resources as well as any associated fauna and flora.

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.

There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity.

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 U.S. Fish and Wildlife Service (USFWS) utilizes an online project review process (https://www.fws.gov/office/virginia-ecological-services/virginia-field-office-online-review-process) to facilitate compliance with the Endangered Species Act (16 U.S.C. 1531-1544, 87 Stat. 884) (ESA), as amended. The process enables users to 1) follow step-by-step guidance; 2) access information that will allow them to identify threatened and endangered species, designated critical habitat, and other Federal trust resources that may be affected by their project; and 3) accurately reach determinations regarding the potential effects of their project on these resources as required under the ESA. If you have questions regarding the online review process, please contact Rachel Case at rachel [email protected].

The VDWR 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/fwis/ or contact Amy Martin at 804-367-2211 or [email protected].

Division of State Parks

karst will help to reduce any potential impact to the karst, groundwater and surface water resources as well as any associated fauna and flora.

‘There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity.

The US. Fish and Wildlife Service (USFWS) utilizes an online project review process (httos, : saeco coviews to facilitate compliance with the Endangered Species Act (16 U.S.C. 1531-1544, 87 Stat. 884) (ESA), as amended. The process enables users to 1) follow step-by-step guidance; 2) access information that will allow them to identify threatened and endangered species, designated critical habitat, and other

Federal trust resources that may be affected by their project; and 3) accurately reach determinations regarding the potential effects of their project on these resources as required under the ESA. If you have questions regarding the online review process, please contact Rachel Case at [email protected].

‘The VDWR 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/fwis/ or contact Amy Martin at 804-367-2211 or

[email protected] gov, Division of State Parks

DCR’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. Master plans are required prior to a parks opening and are updated every ten years (Virginia Code § 10.1-200 et seq.).

Division of Dam Safety and Floodplain Management

Dam Safety Program: The Dam Safety program was established to provide proper and safe design, construction, operation and maintenance of dams to protect public safety. Authority is bestowed upon the program according to The Virginia Dam Safety Act, Article 2, Chapter 6, Title 10.1 (10.1-604 et seq) of the Code of Virginia and Dam Safety Impounding Structure Regulations (Dam Safety Regulations), established and published by the Virginia Soil and Water Conservation Board (VSWCB).

Floodplain Management Program: The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management Agency (FEMA), and communities who elect to participate in this voluntary program manage and enforce the program on the local level through that community’s local floodplain ordinance. Each local floodplain ordinance must comply with the minimum standards of the NFIP, outlined in 44 CFR 60.3; however, local communities may adopt more restrictive requirements in their local floodplain ordinance, such as regulating the 0.2% annual chance flood zone (Shaded X Zone).

All development within a Special Flood Hazard Area (SFHA), as shown on the locality’s Flood Insurance Rate Map (FIRM), must be permitted and comply with the requirements of the local floodplain ordinance.

State Agency Projects Only Executive Order 45, signed by Governor Northam and effective on November 15, 2019, establishes mandatory standards for development of state-owned properties in Flood-Prone Areas, which include Special Flood Hazard Areas, Shaded X Zones, and the Sea Level Rise Inundation Area. These standards shall apply to all state agencies.

Development in Special Flood Hazard Areas and Shaded X Zones A. All development, including buildings, on state-owned property shall comply with the locally-

adopted floodplain management ordinance of the community in which the state-owned property is located and any flood-related standards identified in the Virginia Uniform Statewide Building Code.

B. If any state-owned property is located in a community that does not participate in the NFIP, all development, including buildings, on such state-owned property shall comply with the NFIP requirements as defined in 44 CFR §§ 60.3, 60.4, and 60.5 and any flood-related standards identified in the Virginia Uniform Statewide Building Code.

(1) These projects shall be submitted to the Department of General Services (DGS), for review and approval.

(2) DGS shall not approve any project until the State NFIP Coordinator has reviewed and approved the application for NFIP compliance.

(3) DGS shall provide a written determination on project requests to the applicant and the State NFIP Coordinator. The State NFIP Coordinator shall maintain all documentation associated with the project in perpetuity.

C. No new state-owned buildings, or buildings constructed on state-owned property, shall be constructed, reconstructed, purchased, or acquired by the Commonwealth within a Special Flood

Division of Dam Safety and Floodplain Management

Floodplain Management Program: ‘The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management

Agency (FEMA), and communities who elect to participate in this voluntary program manage and enforce the program on the local level through that community’s local floodplain ordinance. Each local floodplain ordinance must comply with the minimum standards of the NFIP, outlined in 44 CFR 60.3; however, local communities may adopt more restrictive requirements in their local floodplain ordinance, such as regulating the 0.2% annual chance flood zone (Shaded X Zone).

State Agency Projects Only Executive Order 45, signed by Governor Northam and effective on November 15, 2019, establishes

mandatory standards for development of state-owned properties in Flood-Prone Areas, which include Special Flood Hazard Areas, Shaded X Zones, and the Sea Level Rise Inundation Area. These standards shall apply to all state agencies.

Development in Special Flood Hazard Areas and Shaded X Zones A. All development, including buildings, on state-owned property shall comply with the locally- adopted floodplain management ordinance of the community in which the state-owned property is located and any flood-related standards identified in the Virginia Uniform Statewide Building

Code.

B. Ifany state-owned property is located in a community that does not participate in the NFIP, all development, including buildings, on such state-owned property shall comply with the NFIP requirements as defined in 44 CFR §§ 60.3, 60.4, and 60.5 and any flood-related standards identified in the Virginia Uniform Statewide Building Code.

(1) These projects shall be submitted to the Department of General Services (DGS), for review and approval.

(2) DGS shall not approve any project until the State NFIP Coordinator has reviewed and approved the application for NFIP compliance.

C. No new state-owned buildings, or buildings constructed on state-owned property, shall be constructed, reconstructed, purchased, or acquired by the Commonwealth within a Special Flood

Hazard Area or Shaded X Zone in any community unless a variance is granted by the Director of DGS, as outlined in this Order.

The following definitions are from Executive Order 45:
Development for NFIP purposes is defined in 44 CFR § 59.1 as “Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.”

The Special Flood Hazard Area may also be referred to as the 1% annual chance floodplain or the 100- year floodplain, as identified on the effective Flood Insurance Rate Map and Flood Insurance Study. This includes the following flood zones: A, AO, AH, AE, A99, AR, AR/AE, AR/AO, AR/AH, AR/A, VO, VE, or V.

The Shaded X Zone may also be referred to as the 0.2% annual chance floodplain or the 500- year floodplain, as identified on the effective Flood Insurance Rate Map and Flood Insurance Study.

The Sea Level Rise Inundation Area referenced in this Order shall be mapped based on the National Oceanic and Atmospheric Administration Intermediate-High scenario curve for 2100, last updated in 2017, and is intended to denote the maximum inland boundary of anticipated sea level rise.

“State agency” shall mean all entities in the executive branch, including agencies, offices, authorities, commissions, departments, and all institutions of higher education.

“Reconstructed” means a building that has been substantially damaged or substantially improved, as defined by the NFIP and the Virginia Uniform Statewide Building Code.

Federal Agency Projects Only Projects conducted by federal agencies within the SFHA must comply with federal Executive Order 11988: Floodplain Management.

DCR’s Floodplain Management Program does not have regulatory authority for projects in the SFHA. The applicant/developer must reach out to the local floodplain administrator for an official floodplain determination and comply with the community’s local floodplain ordinance, including receiving a local permit. Failure to comply with the local floodplain ordinance could result in enforcement action from the locality. For state projects, DCR recommends that compliance documentation be provided prior to the project being funded. For federal projects, the applicant/developer is encouraged reach out to the local floodplain administrator and comply with the community’s local floodplain ordinance.

Hazard Area or Shaded X Zone in any community unless a variance is granted by the Director of DGS, as outlined in this Order.

‘The following definitions are from Executive Order 45: Development for NFIP purposes is defined in 44 CFR § 59.1 as “Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.”

The Shaded X Zone may also be referred to as the 0.2% annual chance floodplain or the 500- year floodplain, as identified on the effective Flood Insurance Rate Map and Flood Insurance Study.

“State agency” shall mean all entities in the executive branch, including agencies, offices, authorities, commissions, departments, and all institutions of higher education.

“Reconstructed” means a building that has been substantially damaged or substantially improved, as defined by the NFIP and the Virginia Uniform Statewide Building Code.

Federal Agency Projects Only Projects conducted by federal agencies within the SFHA must comply with federal Executive Order 11988:

Floodplain Management.

To find flood zone information, use the Virginia Flood Risk Information System (VFRIS): www.dcr.virginia.gov/vfris

To find community NFIP participation and local floodplain administrator contact information, use DCR’s Local Floodplain Management Directory: www.dcr.virginia.gov/dam-safety-and-floodplains/floodplain- directory

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

Cc: Amy Martin, VDWR Wil Orndorff, DCR-Karst

To find flood zone information, use the Virginia Flood Risk Information System (VERIS): www.der.virginia. gov/vi

‘To find community NFIP participation and local floodplain administrator contact information, use DCR’s

Local Floodplain Management Directory: www.dcr.virginia.gov/dam-safety-and-floodplains/floodplain- directory

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

Cc: Amy Martin, VDWR Wil Orndorff, DCR-Karst

1/20/23, 11:42 AM Commonwealth of Virginia Mail - ESSLog# 42733_22-197S_DOC Appalachian Detention Center WWTP_DWR_HLB20230120

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Wellman, Julia [email protected]

ESSLog# 42733_22-197S_DOC Appalachian Detention Center WWTP_DWR_HLB20230120 1 message

Brann, Lee (DWR) [email protected] Fri, Jan 20, 2023 at 11:22 AM To: “Wellman, Julia (DEQ)” [email protected] Cc: “nhreview (DCR)” [email protected], “Watson, Brian (DWR)” [email protected], “Pinder, Michael (DWR)” [email protected], “Doucette, Tamara (DWR)” [email protected], “Martin, Amy (DWR)” [email protected]

Hi Julia. I am sorry these comments are coming late. I lost a few workdays to Covid and am working on getting caught up. I hope these comments are still useful.

Ms. Wellman,

We have reviewed the subject project that proposes upgrades to a wastewater treatment plant in Russell County. The Clinch River in the project area is designated a Threatened and Endangered Species Water due to the presence of a significant number of state and federally listed aquatic species, including but not limited to: Tennessee Beans, Oyster Mussels, Sickle Darters, and Slender Chubs. We also document Federally Proposed State Endangered Tri-Colored Bats from the project area.

Provided that no instream work is proposed as part of the upgrades to the wastewater treatment plant, we do not anticipate adverse impacts upon listed species in the Clinch River to result from activities associated with this particular project. However, DWR will work with DEQ and the applicant on the issuance/reissuance of the VPDES permit associated with this facility to address any concerns related to operation of the facility to ensure avoidance of impacts upon listed aquatic species and other resources under our jurisdiction.

DWR’s online bat hibernacula and roost applications do not indicate that the project site occurs within any regulatory buffers of known Tri-Colored Bat hibernacula or roosts. Therefore, we do not anticipate adverse impacts upon this species to result from activities associated with this project. However, we do recommend review of DWR’s Best Management Practices for Tri-Colored Bats, accessible here:

http://www.dwr.virginia.gov/wp-content/uploads/LBBA_TCBA_Guidance.pdf

To minimize overall impacts to wildlife and our natural resources, we offer the following comments about development activities: we recommend that the applicant avoid and minimize impacts to undisturbed forest, wetlands, and streams to the fullest extent practicable. Avoidance and minimization of impact may include relocating stream channels as opposed to filling or channelizing as well as using, and incorporating into the development plan, a natural stream channel design and forested riparian buffers. We recommend maintaining undisturbed naturally vegetated buffers of at least 100 feet in width around all on-site wetlands and on both sides of all perennial and intermittent streams. We recommend maintaining wooded lots to the fullest extent possible. We generally do not support proposals to mitigate wetland impacts through the construction of stormwater management ponds, nor do we support the creation of in-stream stormwater management ponds.

We recommend that the stormwater controls for this project be designed to replicate and maintain the hydrographic condition of the site prior to the change in landscape. This should include, but not be limited to, utilizing bioretention areas, and minimizing the use of curb and gutter in favor of grassed swales. Bioretention areas (also called rain gardens) and grass swales are components of Low Impact Development (LID). They are designed to capture stormwater runoff as close to the source as possible and allow it to slowly infiltrate into the surrounding soil. They benefit natural resources by filtering pollutants and decreasing downstream runoff volumes.

1120128, 19:42 AM Commonwealth of Virginia Mail - ESSLog# 42733_22-197S_DOC Appalachian Detention Center WWTP_OWR_HLB20230120

a Virginia Wellman, Julia <j

ESSLog# 42733_22-197S_DOC Appalachian Detention Center WWTP_DWR_HLB20230120

‘1 message

Brann, Lee (DWR) [email protected] Fri, Jan 20, 2023 at 11:22 AM To: “Wellman, Julia (DEQ)” <Julia [email protected]>

Co: “nhreview (DCR)” [email protected], “Watson, Brian (OWR)” [email protected], “Pinder, Michael (DWR)” [email protected], “Doucette, Tamara (DWR)" [email protected], “Martin, Amy (DWR)” [email protected]

Hi Julia, I am sorry these comments are coming late. I lost a few workdays to Covid and am working on getting caught up. I hope these comments are still useful.

Ms, Wellman,

DWR’s online bat hibernacula and roost applications do not indicate that the project site occurs within any regulatory buffers of known Tri-Colored Bat hibernacula or roosts. Therefore, we do not anticipate adverse impacts upon this species to result from activities associated with this project. However, we do recommend review of DWR’s Best Management Practices for Tri-Colored Bats, accessible here:

http:/iwww.dwr.virginia.gov/wp-content/uploads/LBBA_TCBA_Guidance.pdf

https:/mail google. com/mailu/0/2ik=20360974008.view=pt8&search=all&permthid=thread-1%9A1755559257410557407%7Cmeg-%3A1755569257410… 1/2

1/20/23, 11:42 AM Commonwealth of Virginia Mail - ESSLog# 42733_22-197S_DOC Appalachian Detention Center WWTP_DWR_HLB20230120

https://mail.google.com/mail/u/0/?ik=20360974b0&view=pt&search=all&permthid=thread-f%3A1755559257410557407|msg-f%3A1755559257410… 2/2

We recommend that all tree removal and ground clearing adhere to a time of year restriction (TOYR) protective of resident and migratory songbird nesting from March 15 through August 15 of any year.

We recommend adherence to erosion and sediment controls during ground disturbance. To minimize potential wildlife entanglements resulting from use of synthetic/plastic erosion and sediment control matting, we recommend use of matting made from natural/organic materials such as coir fiber, jute, and/or burlap.

We recommend protecting from impacts a naturally vegetated buffer of at least 300 ft on both sides of waters known to support listed aquatic species.

In addition to the listed species and wildlife resources mentioned above, a number of species designated as Species of Greatest Conservation Need in Virginia’s Wildlife Action Plan are likely to occur, if suitable habitat exists, in and around the project area. We recommend that the Virginia Wildlife Action Plan (available through www.bewildvirginia.gov) be reviewed to determine what threats are known to these species, what constitutes suitable habitat for these species, and how to best protect them and their habitats from harm.

This project is located within 2 miles of a documented occurrence of federally-listed species. To ensure protection of such species, we recommend coordination with the USFWS through their Online Project Review Process (https://www.fws.gov/office/virginia-ecological-services/virginia-field-office-online-review-process).

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 protection of these resources.

Thank you,

Lee Brann Environmental Services Biologist Wildlife Information and Environmental Services

P 804.367.1295

C 804.481.1934

Department of Wildlife Resources CONSERVE. CONNECT. PROTECT.

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

www.VirginiaWildlife.gov

1120123, 11:42 AM Commonwealth of Virginia Mail - ESSLog# 42733_22-197S_DOC Appalachian Detention Center WWTP_OWR_HLB20230120

We recommend that all tree removal and ground clearing adhere to a time of year restriction (TOYR) protective of resident and migratory songbird nesting from March 15 through August 15 of any year.

We recommend adherence to erosion and sediment controls during ground disturbance. To minimize potential wildlife entanglements resulting from use of synthetic/plastic erosion and sediment control

matting, we recommend use of matting made from natural/organic materials such as coir fiber, jute, and/or burlap.

We recommend protecting from impacts a naturally vegetated buffer of at least 300 ft on both sides of waters known to support listed aquatic species.

In addition to the listed species and wildlife resources mentioned above, a number of species designated as Species of Greatest Conservation Need in Virginia’s Wildlife Action Plan are likely to occur, if suitable habitat exists, in and around the project area. We recommend that the Virginia Wildlife Action Plan (available through www.bewildvirginia.gov) be reviewed to determine what threats are known to these species, what constitutes suitable habitat for these species, and how to best protect them and their habitats from harm.

This project is located within 2 miles of a documented occurrence of federally-listed species. To ensure protection of such species, we recommend coordination with the USFWS through their Online Project Review Process (hitps://www.fws.govioffice/virginia-ecological-services/virginia-field-office-online-review-process).

Thank you,

Lee Brann Environmental Services Biologist Wildlife Information and Environmental Servi

VIRGINIA

DWR, P 804.367.1295

Department of Wildlife Resources CONSERVE. CONNECT. PROTECT

7870 Villa Park Drive, P.O. Box 90778, Henrico, VA 23228 www. VirginiaWildlife.gov

https:/mail google. com/mailu/0/2ik=20360974008.view=pt8&search=all&permthid=thread-1%9A1755559257410557407%7Cmeg-%3A1755569257410… 2/2

1/10/23, 9:22 AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S

https://mail.google.com/mail/u/0/?ik=20360974b0&view=pt&search=all&permthid=thread-f%3A1752125889587861930|msg-f%3A1754644855586… 1/2

Wellman, Julia [email protected]

Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S 1 message

Birge-wilson, Adrienne [email protected] Tue, Jan 10, 2023 at 9:07 AM To: Julia Wellman [email protected]

Julia- There are no known archaeological resources in the project area of potential effect (APE); however, the APE has never been surveyed for archaeological resources. A review of historic aerial and topographic images indicates that the APE has been disturbed by at least one cycle of construction and demolition. Additionally, the APE was likely disturbed when the waste water treatment plant was constructed. Based on this information, there is very little likelihood of encountering intact archaeological deposits in the APE. In the event that previously unidentified archaeological resources are discovered during ground disturbing activities, all construction work involving subsurface disturbances should be halted in the area of the resource and in the surrounding area where further subsurface remains can be reasonably expected to occur. The State Historic Preservation Officer (SHPO) via VDHR should be contacted for further guidance before proceeding with additional site work. No historic architectural resources will be impacted by this project.

V/R,

Adrienne Birge-Wilson Architectural Historian Review and Compliance Division | Virginia Department of Historic Resources

8044826092

[email protected]

www.dhr.virginia.gov 2801 Kensington Ave., Richmond, VA 23221

On Tue, Dec 13, 2022 at 2:04 PM Kirchen, Roger [email protected] wrote:

Roger W. Kirchen Director, Review and Compliance Division Virginia Department of Historic Resources

804-482-6091

[email protected]

dhr.virginia.gov

2801 Kensington Ave., Richmond, VA, 23221

---------- Forwarded message --------- From: Fulcher, Valerie [email protected] Date: Tue, Dec 13, 2022 at 1:51 PM Subject: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S To: rr dgif-ESS Projects [email protected], rr DCR-PRR Environmental Review [email protected], odwreview (VDH) [email protected], Carlos Martinez [email protected], Tom Ballou <[email protected]. gov>, Michael Hutchison [email protected], Roger Kirchen [email protected], [email protected], [email protected], rr capout [email protected], Lawrence Gavan [email protected] Cc: Wellman, Julia [email protected]

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

Document Type: EIR Project Sponsor: Virginia Department of Correc�ons

1110/23, 9:22 AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-1978,

cenmeaninet Virginia Viliman Ju <ul wliman@eq virginia gov>

Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S ‘message

Birge-wilson, Adrienne <adrionne. birge-wilson@dhr virginia. gov> Tue, Jan 10, 2023 at 9:07 AM To: Julia Wellman [email protected]

Julia- There are no known archaeological resources in the project area of potential effect (APE); however, the APE has never been surveyed for archaeological resources. A review of historic aerial and topographic images indicates that the APE has been disturbed by at least one cycle of construction and demolition. Additionally, the APE was likely disturbed when the waste water treatment plant was constructed. Based on this information, there is very little likelihood of encountering intact archaeological deposits in the APE. In the event that previously unidentified archaeological resources are discovered during ground disturbing activites, all construction work involving subsurface disturbances should be halted in the area of the resource and in the surrounding area where further subsurface remains can be reasonably expected to occut. The State Historic Preservation Officer (SHPO) via VDHR should be contacted for further guidance before proceeding with additional site work. No historic architectural resources will be impacted by this project.

viR,

; oo 044826092 Adrienne Birge-Wilson

Architectural Historian wovw che vieginia.gov Review and Compliance Division | Virginia Department of Historic ones 2801 Kensington Ave., Richmond, VA Resources 23221

DHR

(On Tue, Dec 13, 2022 at 2:04 PM Kirchen, Roger <roger [email protected]> wrote:

[email protected]

804-482-6091 Roger W. Kirchen

Director, Review and Compliance Division Virginia Department of Historic Resources

roger kirchen@dhr virginia gov chr. virginia.gov

2801 Kensington Ave., Richmond, VA, 23221

Forwarded message From: Fulcher, Valerie <valorio.fulcher@deq virginia. gov> Date: Tue, Dec 13, 2022 at 1:51 PM

Subject: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-1978

To: r dgiF-ESS Projects [email protected], DCR-PRR Environmental Review [email protected], odwreview (VOH) [email protected], Carlos Martinez [email protected], Tom Ballou <thomas. ballou@deq, virginia. ‘gov>, Michael Hutchison [email protected], Roger Kirchen [email protected], -[email protected], [email protected], rr capout [email protected], Lawrence Gavan

larry gavan@deq virginia. gov>

Ce: Wellman, Julia <julia wellman@deq virginia.gov>

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

IR irginia Department of Corrections

Document Type: Project Sponsor:

https:/mail google. com/mailu/0/2ik=20360974b08.view=pt8&search=all&permthid=thread-1%9A1752125889587861930%7Cmsg-%3A1754644855586… 1/2

1/10/23, 9:22 AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-197S

https://mail.google.com/mail/u/0/?ik=20360974b0&view=pt&search=all&permthid=thread-f%3A1752125889587861930|msg-f%3A1754644855586… 2/2

Project Title: Appalachian Deten�on Center Unit #29 Wastewater Treatment Plant Upgrades Loca�on: Russell County Project Number: DEQ #22-197S

The document is a�ached.

REVIEW INSTRUCTIONS:

If you have any ques�ons, please email Julia.

Thanks!

Valerie

–

Valerie A. Fulcher, CAP, OM, Admin/Data Coordinator Senior

Department of Environmental Quality

Environmental Enhancement - Office of Environmental Impact Review

1111 East Main Street

Richmond, VA 23219

NEW PHONE NUMBER: 804-659-1550

Email: [email protected]

https://www.deq.virginia.gov/permits-regulations/environmental-impact-review

OUR ENFORCEABLE POLICIES HAVE BEEN UPDATED FOR 2021: https://www.deq.virginia.gov/permits- regulations/environmental-impact-review/federal-consistency

For program updates and public notices please subscribe to Constant Contact: h�ps://lp.constantcontact.com/su/MVcCump/EIR

1110/23, 9:22 AM Commonwealth of Virginia Mail - Re: NEW PROJECT DOC Appalachian Detention Center WWTP, DEQ 22-1978,

Project Title: Appalachian Detention Center Unit #29 Wastewater Treatment Plant Upgrades Location: Russell County Project Number: DEQ #22-197S

The document is attached. ‘The due date for comments is JANUARY 13, 2023. You can send your comments either directly to JULIA WELLMAN by

email (Julia. [email protected] .gov), or you can send your comments by regular interagency/U.S. mail to the Department of Environmental Quality, Office of Environmental Impact Review, P.O. Box 1105, Richmond, VA 23218.

If you cannot meet the deadline, please notify the project coordinator prior to the comment due date. Arrangements may be made to extend the deadline for comments if possible. An agency will be considered to have no concerns if ‘comments are not received (or contact is made) within the review period. However, it is important that agencies consistently participate in accordance with Virginia Code Section 10.1-1192.

REVIEW INSTRUCTIONS:

B. Prepare your agency’s comments in a form which would be acceptable for responding directly toa project proponent agency (agency stationary or email) and include the project number on all correspondence.

Hf you have any questions, please email Julia. Thanks!

Valerie

Valerie A. Fulcher, CAP, OM, Admin/Data Coordinator Senior

Department of En

ynmental Quality Environmental Enhancement - Office of Environmental Impact Review

1111 East Main Street

Richmond, VA 23219

NEW PHONE NUMBER: 804-659-1550

Email: [email protected] ttps://www.deq,virginia.govipermits-regulations/environmental-impact-review

‘OUR ENFORCEABLE POLICIES HAVE BEEN UPDATED FOR 2021: https://www.deq.virginia.govipermits- regulations/environmental-impact-review/federal-consistency

For program updates and public notices please subscribe to Constant Contact: https://Ip.constantcontact.com/su/MVcCump/EIR,

https://mail google. com/mailu/0/2

-20360974b0&view=pt&search=all&permthid-thread-1%3A1752125889587861930%7Gmsg-1%3A 1754644855586…

212

Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY SOUTHWEST REGIONAL OFFICE

355-A Deadmore Street, Abingdon, Virginia 24210

(276) 676-4800 FAX (804) 698-4178

www.deq.virginia.gov Travis A. Voyles Michael S. Rolband, PE, PWD, PWS Emeritus

Acting Secretary of Natural and Historic Resources Director

(804) 698-4020

Jeffrey Hurst

Regional Director

January 9, 2023

April Helbert Virginia Department of Corrections 6900 Atmore Drive Richmond, VA 23225

Re: DEQ Project # 22-197S

Dear Ms. Helbert,

Thank you for submitting this proposed project for wastewater treatment plant upgrades at the Appalachian Detention Center Unit #29 to the Virginia Department of Environmental Quality. This site is located on Rt. 640 southeast of Honaker, in Russell County, Virginia. Proposed activities include the construction of a new laboratory building, a new UV disinfection building, an additional digester, and a sludge fan press building / covered concrete pad sludge storage area. An estimated 3,400 square feet of open grassy area would be disturbed for this construction. Also proposed is the replacement or refurbishing of most of the existing equipment at the wastewater treatment plant, with no change to the footprint of current structures. These proposed upgrades would not increase the overall design capacity of the wastewater treatment plant.

This project area is in the watershed of the Clinch River in the Tennessee and Big Sandy River Basin (Clinch River Subbasin), Section 2, Class IV. The Clinch River in this area is currently unassessed. For more information, please contact DEQ Regional TMDL Coordinator David Nichols at [email protected].

The following discussion is provided as a guideline of programs administered by the Department of Environmental Quality (DEQ), which could be applicable to the proposed action. Final determination concerning potential impacts on these programs rests with DEQ’s Southwest Regional Office.

Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

SOUTHWEST REGIONAL OFFICE 355-A Deadmore Street, Abingdon, Virginia 24210

(276) 676-4800 FAX (804) 698-4178

www.deq. virginia gov

‘Travis A. Voyles Michael S. Rolband, PE, PWD, PWS Emeritus

[Acting Secretary of Natural and Historie Resources| Director (804) 698-4020,

Jeffiey Hurst Regional Director

January 9, 2023

April Helbert Virginia Department of Corrections 6900 Atmore Drive

Richmond, VA 23225

Re: DEQ Project # 22-197S Dear Ms. Helbert,

Thank you for submitting this proposed project for wastewater treatment plant upgrades at the Appalachian Detention Center Unit #29 to the Virginia Department of Environmental Quality. This site is located on Rt. 640 southeast of Honaker, in Russell County, Virginia. Proposed activities include the construction of a new laboratory building, a new UV disinfection building, an additional digester, and a sludge fan press building / covered concrete pad sludge storage area. An estimated 3,400 square feet of open grassy area would be disturbed for this construction. Also proposed is the replacement of refurbishing of most of the existing equipment at the wastewater treatment plant, with no change to the footprint of current structures. These proposed upgrades would not increase the overall design capacity of the wastewater treatment plant.

TMDL Coordinator David Nichols at David. [email protected].

DEQ Project # 22-197S
January 9, 2023 Page 2

The Department of Environmental Quality has no objections to the project provided that the applicant abides by all applicable state, Federal, and local laws and regulations.
Prior to construction, all permits and approvals must be obtained. In general, development must incorporate features which prevent significant adverse impacts on ambient air quality, water quality, wetlands, historic structures, fish wildlife, and species of plants, animals, or insects listed by state agencies as rare, threatened, or endangered.

Water Quality and Wetlands. Although no long-term adverse impacts to water quality are anticipated from this project, potential short-term adverse impacts resulting from surface runoff due to construction must be minimized. This can be achieved by using Best Management Practices (BMPs).

Federal and state governments regulate impacts to streams and wetlands. The Virginia Marine Resources Commission serves as the clearinghouse for the Joint Permit Application (JPA) used by: (1) U.S. Army Corps of Engineers for issuing permits pursuant to § 404 of the Clean Water Act and § 10 of the Rivers and Harbors Act; (2) Department of Environmental Quality for issuance of Virginia Water Protection Permit pursuant to § 401 of the Clean Water Act, Virginia Code § 62.1-44.2 et seq., Virginia Code § 62.1-44.15:5, and Virginia Administrative Code 9 VAC 25-210-10 et seq.; and (3) Virginia Marine Resources Commission regulates encroachments on or over state- owned subaqueous beds as well as tidal wetlands pursuant to Virginia Code § 28.2- 1200 through 1400. Contact VMRC at (757) 247-2200 to determine the need for a JPA for this project. VMRC will distribute the application to the appropriate agencies. Each agency will conduct its review and respond.

In general, DEQ recommends that the amount of stream and wetland impacts be avoided to the maximum extent practicable. For unavoidable impacts, DEQ encourages the following practices to minimize the impacts to wetlands and waterways: use of directional drilling from upland locations; operation of machinery and construction vehicles outside of stream-beds and wetlands; use of synthetic mats when in-stream work is unavoidable; stockpiling of material excavated from the trench for replacement if directional drilling is not feasible; and preservation of the top 12 inches of trench material removed from wetlands for use as wetland seed and root stock in the excavated area. The Southwest Regional contact is currently David Nishida at (276) 698-7680 or email [email protected] if a permit is necessary to go forward with the project.

Erosion and Sediment Control and Stormwater Management. Erosion and sediment control measures must be implemented in accordance with the current edition of the Virginia Erosion and Sediment Control Handbook and the Virginia Erosion and Sediment Control Regulations, which are available online: https://www.deq.virginia.gov/water/stormwater/esc-handbook. If the total land disturbance exceeds 10,000 square feet, an erosion and sediment control plan will be required. Erosion and sediment control requirements are regulated by the local

DEQ Project # 22-1978 January 9, 2023 Page 2

The Department of Environmental Quality has no objections to the project provided that the applicant abides by all applicable state, Federal, and local laws and regulations. Prior to construction, all permits and approvals must be obtained. In general, development must incorporate features which prevent significant adverse impacts on ambient air quality, water quality, wetlands, historic structures, fish wildlife, and species of plants, animals, or insects listed by state agencies as rare, threatened, or endangered

Water Quality and Wetlands. Although no long-term adverse impacts to water quality are anticipated from this project, potential short-term adverse impacts resulting from surface runoff due to construction must be minimized. This can be achieved by using Best Management Practices (BMPs).

Federal and state governments regulate impacts to streams and wetlands. The Virginia Marine Resources Commission serves as the clearinghouse for the Joint Permit Application (JPA) used by: (1) U.S. Army Corps of Engineers for issuing permits pursuant to § 404 of the Clean Water Act and § 10 of the Rivers and Harbors Act; (2) Department of Environmental Quality for issuance of Virginia Water Protection Permit pursuant to § 401 of the Clean Water Act, Virginia Code § 62.1-44.2 et seq., Virginia Code § 62.1-44.15:5, and Virginia Administrative Code 9 VAC 25-210-10 et seq.; and (3) Virginia Marine Resources Commission regulates encroachments on or over state- owned subaqueous beds as well as tidal wetlands pursuant to Virginia Code §128.2- 1200 through 1400. Contact VMRC at (757) 247-2200 to determine the need for a JPA for this project. VMRC will distribute the application to the appropriate agencies. Each agency will conduct its review and respond.

In general, DEQ recommends that the amount of stream and wetland impacts be avoided to the maximum extent practicable. For unavoidable impacts, DEQ encourages the following practices to minimize the impacts to wetlands and waterways: use of directional drilling from upland locations; operation of machinery and construction vehicles outside of stream-beds and wetlands; use of synthetic mats when in-stream work is unavoidable; stockpiling of material excavated from the trench for replacement if directional drilling is not feasible; and preservation of the top 12 inches of trench material removed from wetlands for use as wetland seed and root stock in the excavated area. The Southwest Regional contact is currently David Nishida at (276) 698-7680 or email David. Nishida@deq. virginia.gov if a permit is necessary to go forward with the project.

Erosion and Sediment Control and Stormwater Management. Erosion and sediment control measures must be implemented in accordance with the current edition of the Virginia Erosion and Sediment Control Handbook and the Virginia Erosion and Sediment Control Regulations, which are available online: https://www.dea. virginia. goviwater/stormwater/esc-handbook, If the total land disturbance exceeds 10,000 square feet, an erosion and sediment control plan will be required. Erosion and sediment control requirements are regulated by the local

DEQ Project # 22-197S
January 9, 2023 Page 3

government where your land disturbing activity is occurring. Please contact the appropriate county, city or town for information and compliance requirements. Stormwater management planning and permitting is required through our Department should your land disturbance be greater than one (1) acre or lie within the boundaries of a common plan of development. Information, permit application, and regulations on our stormwater management program are available online at:
https://www.deq.virginia.gov/water/stormwater. Please contact Kelly Miller at our Southwest Regional Office at (276) 676-4879 or email [email protected] for more information.

Air Quality. This project is not likely to adversely affect air quality. However, during construction fugitive dust must be kept at a minimum. This requires, but is not limited to, measures such as application of water to suppress dust and washing down construction vehicles and paved roadways immediately adjacent to the construction site. Please note any process equipment that prepares coal via breaking, crushing, screening, wet or dry cleaning, thermal drying, etc. should be evaluated for permit applicability. The following sections of Virginia Administrative Code (VAC) may be applicable: 9 VAC 5-50-60 et. seq., governs abatement of visible emissions and fugitive dust emissions, and 9 VAC 5-40-5600 et. seq. addresses open burning. The Southwest Regional Office contact is Tracey Blalock at (276) 676-8848 or email [email protected].
Solid and Hazardous Wastes, and Hazardous Substances. DEQ administers the Virginia Solid Waste Management Regulations and the Virginia Hazardous Waste Management Regulations. We recommend that all solid wastes generated at the site be reduced at the source, reused, or recycled. All hazardous wastes should be minimized. Otherwise, all solid waste and hazardous waste must be managed in accordance with all applicable federal, state, and local environmental regulations. The Southwest Regional Office contact is Stacey Bowers at (276) 608-8777 or email [email protected] concerning location and availability of waste management facilities in the project area.
Pollution Prevention. DEQ recommends that construction projects incorporate the principles of pollution prevention including the following recommendations:

• Consider environmental attributes when purchasing materials. For example, the extent of recycled material content and toxicity level should be considered.

• Consider contractors’ commitments to the environment when choosing contractors. Also, specifications regarding raw material selection (alternative fuels and energy sources) and construction practices can be included in contract documents and requests for proposals.

• Choose sustainable practices and materials in infrastructure and construction and design. These could include asphalt and concrete containing recycled materials and integrated pest management in landscaping.

DEQ Project # 22-1978 January 9, 2023 Page 3

https:/www.deq. virginia. gov/water/stormwater. Please contact Kelly Miller at our Southwest Regional Office at (276) 676-4879 or email Kelly.Miller@deq. virginia.gov for more information.

Air Quality. This project is not likely to adversely affect air quality. However, during construction fugitive dust must be kept at a minimum. This requires, but is not limited to, measures such as application of water to suppress dust and washing down construction vehicles and paved roadways immediately adjacent to the construction

site. Please note any process equipment that prepares coal via breaking, crushing, screening, wet or dry cleaning, thermal drying, etc. should be evaluated for permit applicability. The following sections of Virginia Administrative Code (VAC) may be applicable: 9 VAC 5-50-60 et. seq., governs abatement of visible emissions and fugitive dust emissions, and 9 VAC 5-40-5600 et. seg. addresses open burning. The Southwest Regional Office contact is Tracey Blalock at (276) 676-8848 or email

susan.blalock@deq. virginia.gov.

Solid and Hazardous Wastes, and Hazardous Substances. DEQ administers the Virginia Solid Waste Management Regulations and the Virginia Hazardous Waste Management Regulations. We recommend that all solid wastes generated at the site be reduced at the source, reused, or recycled. All hazardous wastes should be minimized. Otherwise, all solid waste and hazardous waste must be managed in accordance with all applicable federal, state, and local environmental regulations. The Southwest Regional Office contact is Stacey Bowers at (276) 608-8777 or email

Stacy. Bowers@deq. virginia.gov concerning location and availability of waste management facilities in the project area

Pollution Prevention. DEQ recommends that construction projects incorporate the principles of pollution prevention including the following recommendations:

Consider environmental attributes when purchasing materials. For example, the extent of recycled material content and toxicity level should be considered
Consider contractors’ commitments to the environment when choosing contractors. Also, specifications regarding raw material selection (alternative fuels and energy sources) and construction practices can be included in contract documents and requests for proposals.
Choose sustainable practices and materials in infrastructure and construction and design. These could include asphalt and concrete containing recycled materials and integrated pest management in landscaping.

DEQ Project # 22-197S
January 9, 2023 Page 4

• Integrate pollution prevention techniques into maintenance and operation activities to include source reduction (fixing leaks, energy efficient products).

Pollution prevention measures are likely to reduce potential environmental impacts and reduce costs for material purchasing and waste disposal. For more information, contact Sharon Baxter at DEQ’s Office of Pollution Prevention at (804) 659-1911 or email [email protected].

Water Withdrawal Permitting and Compliance. Withdrawals from surface water or groundwater sources may require a water withdrawal permit if they exceed certain
withdrawal volumes. Both groundwater and surface water supplies are becoming more limited, and if your facility anticipates needing water in excess of 300,000 gallons in any month for groundwater, or 10,000 gallons on any day from surface water, early engagement with DEQ’s Office of Water Supply is strongly encouraged. For more information, please contact Joe Grist at (804) 698-4031 or [email protected] or visit DEQ’s website at https://www.deq.virginia.gov/permits-regulations/permits/water/water-withdrawal
Sewerage Regulations. Sewage treatment works must be designed in accordance with the Department of Environmental Quality’s Sewage Collection and Treatment (SCAT) Regulations (9 VAC 25-790). Information concerning regulations may be found at the Department of Environmental Quality Wastewater Engineering web site: https://www.deq.virginia.gov/water/wastewater. The project proponent is required to obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ Southwest Regional Office, prior to constructing wastewater treatment works and operating the treatment works, respectively. Additionally, modifications and upgrades to wastewater treatment works may have additional implications to the Virginia Pollutant Discharge Elimination System (VPDES) Permit associated with the facility. The Southwest Regional Office contact for VPDES Permits is David Nishida. He can be reached at [email protected] or (276) 698-7680.

Thank you for your inquiry. We appreciate your interest in complying with Virginia’s environmental legislation. If you have any further questions please do not hesitate to call Michael Hutchison at (276) 608-8685.

  Sincerely, 
   




  Jeffrey L. Hurst 
  Regional Director

cc. file

DEQ Project # 22-1978 January 9, 2023 Page 4

Integrate pollution prevention techniques into maintenance and operation activities to include source reduction (fixing leaks, energy efficient products).

Water Withdrawal Permitting and Compliance. Withdrawals from surface water or groundwater sources may require a water withdrawal permit if they exceed certain withdrawal volumes. Both groundwater and surface water supplies are becoming more limited, and if your facility anticipates needing water in excess of 300,000 gallons in any month for groundwater, or 10,000 gallons on any day from surface water, early engagement with DEQ’s Office of Water Supply is strongly encouraged. For more information, please contact Joe Grist at (804) 698-4031 or

[email protected] or visit DEQ’s website at

https://Awww.deq.virginia.gov/permits-regulations/permits/water/water-withdrawal

Sewerage Regulations. Sewage treatment works must be designed in accordance with the Department of Environmental Quality’s Sewage Collection and Treatment (SCAT) Regulations (9 VAC 25-790). Information concerning regulations may be found at the Department of Environmental Quality Wastewater Engineering web

site: https:/www.dea. virginia .goviwater/wastewater. The project proponent is required to obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ Southwest Regional Office, prior to constructing wastewater treatment works and operating the treatment works, respectively. Additionally, modifications and upgrades to wastewater treatment works may have additional implications to the Virginia Pollutant Discharge Elimination System (VPDES) Permit associated with the facility. The Southwest Regional Office contact for VPDES Permits is David Nishida. He can be

reached at david.nishida@deq virginia.gov or (276) 698-7680.

Sincerely,

beg

Jeffrey L. Hurst Regional Director cc. file

2/3/23, 11:52 AM Mail - Wellman, Julia (DEQ) - Outlook

https://outlook.office365.com/mail/id/AAMkAGMzN2Y5ZTMwLTk4N2UtNDdjYS1hYjVmLTI5ZTYwYTI0MTM2OABGAAAAAAAvnLvGpRe4S4L65eR%2FYwD3BwCHP%2FChpsPSSblmX5sM7IHKAAAA… 1/1

EIR: DOC Appalachian Detention Center Unit #29 Wastewater Treatment Plant - DEQ 22-197S

Goyal, Raka (DGS) [email protected] Tue 12/20/2022 2:39 PM

To: Wellman, Julia (DEQ) [email protected] Dear Julia,

This is with regard to the EIR for the Project: Appalachian Deten�on Center Unit #29 Wastewater Treatment Plant (DEQ #22-197S) sponsored by the Department of Correc�ons. The project loca�on (Sec�on 1.4) does not lie within the 100-year or the 500-year floodplain as verified using the Virginia Flood Risk Informa�on System (VFRIS) and consistent with the report (Sec�on 3.4.3). Therefore, a variance to Execu�ve Order 45 (2019) regarding floodplain management requirements is not required from the Director of DGS to proceed with this project.

Thanks,

Raka Goyal, Ph.D., P.E. State Review Civil/Structural Engineer Division of Engineering & Buildings Department of General Services Office: 804.225.4400 | Fax: 804.225.4709 1100 Bank St., Suite 600, Richmond, VA 23219 Webpage | Newsletter

213/23, 11°52 AM Mail - Wellman, Julia (DEQ) - Outlook

EIR: DOC Appalachian Detention Center Unit #29 Wastewater Treatment Plant - DEQ 22-197S

Goyal, Raka (DGS) <[email protected]. gov> Tue 12/20/2022 2:39 PM To: Wellman, Julia (DEQ) <Julia [email protected]>

Dear Julia,

This is with regard to the EIR for the Project: Appalachian Detention Center Unit #29 Wastewater Treatment Plant (DEQ. #22-1975) sponsored by the Department of Corrections. The project location (Section 1.4) does not lie within the 100-year or the 500-year floodplain as verified using the Virginia Flood Risk Information System (VERIS) and consistent with the report (Section 3.4.3). Therefore, a variance to Executive Order 45 (2019) regarding floodplain management requirements is not required from the Director of DGS to proceed with this project.

Thanks,

Raka Goyal, Ph.D., P.E.

State Review Civil/Structural Engineer Division of Engineering & Buildings Department of General Services

Office: 804.225.4400 | Fax: 804.225.4709 Webpage | Newsletter

https:/outlook office365.com/mailid/AAMKAGMzN2Y52TMwLTKAN2UINDG)YS 1hY]VmLTISZTYWY TIOMTM20ABGAAAAAAAVnL vGpRe4S4L65eR%2FYwO38wCHP%2FChpsPSSbIMXSSMTIHKAAAA… 1/1

Russell County Virginia “The Heart of Southwest Virginia”

Tim Lovelace Steve Breeding District 1 District 5

Carl Rhea Lou Ann Wallace, Chairperson Rebecca Dye District 3 District 2 District 6

David Eaton Oris Christian, Vice-Chairman Lonzo Lester District 4 At-Large County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

American Rescue Plan Act Recovery Program

December 30th, 2023

After much planning and discussion with the Russell County Tourism Advisory Committee and other county/regional officials, it was decided that the county is in need of forming a foundation that will be used to build the tourism industry in Russell County. This foundation will consist of professional photography for social media promotions, the Experience Russell website, and print media. Along with the creation of an adventure guide including design and printing, there is also a plan to do magazine advertisements in the coming years (Blue Ridge Outdoors, others).

Building a foundation for tourism in Russell County is crucial to the continued advancements and to bringing other tourism attractions in while continuing to market our current attractions. Being a small rural county in far Southwest Virginia it can be difficult to build a strong standing in the tourism industry, considering a small budget and small department. The ARPA funding available to the county will allow the department to change that standing and continue to grow.

Tourism Product Development

Adventure Guides
Funding Amount: $15,000 Estimated Timeline: May 2023 - November 2023 During the decision to create an adventure guide highlighting the county as an adventure location for friends, families, couples, and singles. After having met with a print media specialist and a digital format specialist as well, it was decided to pursue a more economical route with the print media, including a QR code and application that can be used digitally on our social media pages. Along with an interactive application to be added to our website. Therefore, we are getting both media forms for a more affordable option and utilizing the majority of our funding to the best of our ability.

Website Updating Funding Amount: $1,500 Estimated Timeline: May 2023 Since the beginning of COVID, our tourism department struggled to stay up to date on the ongoings throughout the county, and since the hiring of a full-time employee steps has been taken to update the website. Although, the website does need to have some remodeling and to be transferred to a different editing platform. This would include using funds for the development of the website and updates.

Russell County Virginia

American Rescue Plan Act Recovery Program

December 30", 2023

‘After much planning and discussion with the Russell County Tourism Advisory Committee and other county/regional officials, itwas decided that the county is in need of forming a foundation that will be used to build the tourism industry in Russell County. This foundation will consist of professional photography for social media promotions, the Experience Russell website, and print media. Along with the creation of anadventure guide including design and printing, there is also a plan to do magazine advertisements in the coming years (Blue Ridge Outdoors, others).

Building a foundation for tourism in Russell County is crucial to the continued advancements and to bringing other tourism attractions in while continuing to market our current attractions. Being a small rural county in far Southwest Virginia it can be difficult to build a strong standing in the tourism industry, considering a small budget and small’department, The ARPA funding available to the county will allow the department to change that standing and continue to grow.

Tourism Product Development

Adventure Guides

Funding Amount: $15,000

Estimated Timeline: May 2023 - November 2023

During the decision to create an adventure guide highlighting the county as an adventure location for friends, families, couples, and singles. After having met with a print media specialist and a digital format specialist as well, it was decided to pursue a more economical route with the print media, including a QR code and application that can be used digitally on our social media pages. Along with an interactive application to be added to our website. Therefore, we are getting both media forms for a more affordable option and utilizing the majority of our funding to the best of our ability.

Website Updating

Funding Amount: $1,500

Estimated Timeline: May 2023

Since the beginning of COVID, our tourism department struggled to stay up to date on the ongoings throughout the county, and since the hiring of a full-time employee steps has been taken to update the website. Although, the website does heed to have some remodeling and to be transferred to a different editing platform. This would include using funds for the development of the website and updates.

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Marketing Production

Professional Photography Funding Amount: $5,000
Estimated Timeline: April 2023 – June 2023 To build tourism, photography will be one of the major steps and areas in marketing that are desperately needed. Having met with local photographers, pricing and scheduling have been discussed. From that point, the tourism department will need natural beauty pictures throughout the county, main attractions, outdoor recreation action shots, family enjoyment, friends, couples, etc. The main objective of the production of professional photography is to showcase the assets in the county in a relatable, freeing, and adventurous light.

Paid Media Field

Ads
Funding Amount: $8,500 Estimated Timeline: April 2023 - December 2023 Russell County will purchase advertising, allowing us to reach a higher visitor base and gain useful data to be used in future tourism efforts. Take advantage of the paid media field with Google Ads ($1,200), Facebook and Instagram ($2,000), and print media in the Blue Ridge Outdoors Magazine ($5,300). Having Facebook, Instagram, and Google Ads reaches those who are already interested in an adventure to Russell County, VA. These ads take that extra step forward to actively engaged visitors to plan a trip to Russell County.

Marketing Production

Professional Photography Funding Amount: $5,000

Estimated Timeline: April 2023 — June 2023

To build tourism, photography will be one of the major steps and areas in marketing that are desperately needed. Having met with local photographers, pricing and scheduling have been discussed. From that point; the tourism department will need natural beauty pictures throughout the county, main attractions, outdoor recreation/action shots, family enjoyment, friends, couples, etc. The main objective of the production of professional photography is to showcase the assets in the county in a relatable, freeing, and adventurous light.

Paid Media Field

‘Ads Funding Amount: $8,500

Estimated Timeline: April 2023 - December 2023

Russell County will purchase advertising, allowing us to reach a higher visitor base and gain useful data to be used in future tourism efforts. Take advantage of the paid media field with Google Ads ($1,200), Facebook and Instagram ($2,000), and print media in the Blue Ridge Outdoors Magazine ($5,300). Having Facebook, Instagram, and Google Ads reaches those who are already interested in an adventure to Russell County, VA. These ads take that extra step forward toactively engaged visitors to plan a trip to Russell County.

2/28/23, 2:32 PM General Assembly Adopts “Skinny Budget,” Adjourns Sine Die - Virginia Association of Counties

https://www.vaco.org/capitol-contact/general-assembly-adopts-skinny-budget-adjourns-sine-die/ 1/8

Jobs(/publications-resources/job-opportunities/)

Calendar(/education-and-events/calendar/) Blog(/publications-resources/blog/)

Contact(/contact/)



General Assembly Adopts “Skinny Budget,”

Adjourns Sine Die

February 28, 2023

The 2023 session adjourned sine die on Saturday, February 25, as scheduled,

but without resolving differences between the House and Senate on revisions

to the biennium budget. Instead, budget conferees proposed, and both

chambers adopted, a “skinny budget” that addresses four priority items:

Includes $115.9 million GF in FY 2023 and $125.8 million GF in FY 2024 for

the combined impact of K-12 technical adjustments related to average

daily membership (ADM) changes, sales tax revenue forecast changes, and

program participation updates. Also provides an additional $16.8 million GF

in FY 2023 to ensure that the sum of basic aid and sales tax payments a

school division receives in FY 2023 is at least the sum of basic aid and sales

tax payments that was communicated to school divisions in June 2022;

this action addresses the error in the Department of Education’s

calculation tool.

Provides $904.6 million to the Revenue Stabilization Fund to meet the

Constitutionally-required FY 2024 deposit.

Provides the $250 million deposit to the Virginia Retirement System that

was included in the budget adopted last year as a contingent

appropriation to address unfunded liabilities. An estimated $147.5 million

would be provided to the teacher retirement plan out of this funding.

Provides $100 million in FY 2023 to address cost overruns for previously

authorized capital projects.

Media reports indicate that budget negotiators intend to continue working

toward agreement on the larger array of spending items and tax policy

changes under consideration in conference, and the Governor indicated a

willingness to continue to work with the legislature to �nalize a budget,

although no dates have been provided for a potential special session as of yet.

VACo Contact: VACo Legislative Team

(mailto:[email protected],[email protected],[email protected],[email protected],[email protected],[email protected])

(https://www.vaco.org) 

https://www.vaco.org/publications-resources/job-opportunities/ https://www.vaco.org/education-and-events/calendar/ https://www.vaco.org/publications-resources/blog/ https://www.vaco.org/contact/ mailto:[email protected],[email protected],[email protected],[email protected],[email protected],[email protected] https://www.vaco.org/ 2128123, 2:32 PM General Assembly Adopts “Skinny Budget,” Adjourns Sine Die - Virginia Association of Counties

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General Assembly Adopts “Skinny Budget,” Adjourns Sine Die

February 28,2023

‘The 2025 session adjourned sine die on Saturday, February 25, a8 scheduled, ‘but without resolving differences betweon the House and Senate on revisions to the biennium budget. Instead, budget conferees proposed, and both ‘chambers adopted, a “skinny budget” that addresses four priority items:

Includes $1359 milion GF in FY 2023 and $1258 milion GF in FY 2024 for the combined impact of K12 technical adjustments related to average dally membership (ADM) changes, sales tax revonue forecast changes, and program participation updates. Also provides an addtional $168 milion GF In FY 2023 to ensure thatthe sum of basic aid and sales tax payments a schoo! division receives in FY 2023 sat least the sum of basic ald and sales tax payments that was communicated to schoo! divisions in June 2022; this action addresses the eror in the Department of Education’s calculation tool,

Provides $804.6 milion to the Revenue Stabilization Fund to meet the Constitutionally-required FY 2024 deposit

Provides the $250 milion deposit to the Viginia Retirement System that was included in the budget adopted last year asa contingent appropriation to address unfunded lilies, An estimated $1475 milion ‘Would be provided tothe teacher retirement plan out ofthis funding.
Provides $100 milion in FY 2023 to address cost overruns for previously authorized capital projects.

‘Media reports indicate that budget negotiators intend to continue working ‘toward agreement on the larger array of spending itoms and tax policy ‘changes under consideration in conference, and the Governor indicated 3 willingness to continue to work with the legislature to finalize a budget, although ne dates have been provided for a potential special session as of yet.

https:ww.vaco.orglcapitol-contact/general-assembly-adopts-skinny-budget-adjourns-sine-diel 118

Russell County BOS

VDOT Update
March 6, 2023

Board Action Requests

VDOT is not seeking any Board action this month in the form of a resolution, though we do highlight a couple of

items of interest:

 We continue to look forward to the County’s input regarding the discontinuance vs abandonment of Route

 The willingness posting for a public hearing for the proposed abandonment of the discontinued Route 19

right-of-way at the Alternate Route 58 and Route 19 intersection in Hansonville expires on March 3rd. As

of March 1st, the residency has not received a request for a public hearing.

Maintenance Activities

Maintenance crews are actively involved in a variety of activities including:

Snow Removal: While the County has not received a substantial snow / winter weather event, there have

been multiple minor events and forecasts indicating precipitation with temperatures at or near freezing.

These events and forecast have kept resources allocated to winter weather operations

Brush cutting was completed on segment(s) of Route 612, 613 and 641.

Maintenance work (spreading gravel, blading) was conducted on routes 622, 636, 662, 669 and 678.

Ditching was completed on segments of Route 657.

Pothole patching (using ‘cold patch’) was completed on Routes 19, 71 and 742.

Tree and storm debris removal was completed on Routes 80, 603 and 612.

Pipes were opened on numerous routes throughout the county, particularly in association with the storm

event of February 16th / 17th.

A small slide was repaired on Route 665 following the recent rain events.

Maintenance Activities Planned

 Slope stabilization / slide repair on Routes 600, 621 and 712. Work is planned to be initiated on Route

621 on 3/1.

 Culvert replacement & associated ditching on Route 730 (Requires permit)

 Boom ax work on various routes throughout the County.

 Slide repair on Routes 622 and 624.

 Installation of sand barrels between guardrail and signal pole at the Wal-Mart entrance Route 19

intersection; need to coordinate with guardrail repair.

Russell County BOS VDOT Update March 6, 2023

Board Action Requests

VDOT is not seeking any Board action this month in the form of a resolution, though we do highlight a couple of items of interest:

Maintenance Ac!

We continue to look forward to the County’s input regarding the discontinuance vs abandonment of Route 871

The willingness posting for a public hearing for the proposed abandonment of the discontinued Route 19 right-of-way at the Alternate Route 58 and Route 19 intersection in Hansonville expires on March 3%. As of March 1%, the residency has not received a request for a public hearing.

Maintenance crews are actively involved in a variety of activities including:

Maintenance Act

Snow Removal: While the County has not received a substantial snow / winter weather event, there have been multiple minor events and forecasts indicating precipitation with temperatures at or near freezing. These events and forecast have kept resources allocated to winter weather operations

Brush cutting was completed on segment(s) of Route 612, 613 and 641

Maintenance work (spreading gravel, blading) was conducted on routes 622, 636, 662, 669 and 678. Ditching was completed on segments of Route 657.

Pothole patching (using ‘cold patch’) was completed on Routes 19, 71 and 742.

Tree and storm debris removal was completed on Routes 80, 603 and 612.

Pipes were opened on numerous routes throughout the county, particularly in association with the storm event of February 16"/ 17"

Asmall slide was repaired on Route 665 following the recent rain events.

s Planned

Slope stabilization / slide repair on Routes 600, 621 and 712. Work is planned to be initiated on Route 621 on 3/1

Culvert replacement & associated ditching on Route 730 (Requires permit)

Boom ax work on various routes throughout the County.
Slide repair on Routes 622 and 624.
Installation of sand barrels between guardrail and signal pole at the Wal-Mart entrance Route 19 intersection; need to coordinate with guardrail repair.

Rural Rustic / 6 Year Plan Proiects

Work on Blanch Davis Road (Route 606) has been completed with the exception of paving, which is planned for

the 2023 paving season.

North Cedar Acres is a small project (adding approximately 370 feet) of road utilizing residual funding from

previously completed projects and is proposed for completion as weather allows, with paving proposed for the

spring of 2023.

6 year plan funding is anticipated to be released in March. Upon receipt of funding amounts, the residency will

begin reviewing / updating estimates for projects on the plan and identifying new projects.

Non — VDOT Projects

Pure Salmon Proiect

No new information to report this month, a recent site visit indicated progress continues on the construction of the

connection to Route 19. The residency understands overhead utility relocation is underway which will allow final

excavation to be completed to make the connection to Route 19.

Three Rivers Destination Center

No new activity this month on this project.

Miscellaneous

Residency staff stand ready to respond to inquiries and provide explanations but also offer the 1800-FOR-ROAD

call to enter work order requests into VDOT’s tracking system.

Rural Rustic / 6 Year Plan Proiects Work on Blanch Davis Road (Route 606) has been completed with the exception of paving, which is planned for the 2023 paving season.

North Cedar Acres is a small project (adding approximately 370 feet) of road utilizing residual funding from previously completed projects and is proposed for completion as weather allows, with paving proposed for the spring of 2023.

6 year plan funding is anticipated to be released in March. Upon receipt of funding amounts, the residency will begin reviewing / updating estimates for projects on the plan and identifying new projects.

Non — VDOT Projects

Pure Salmon Project

No new information to report this month, a recent site visit indicated progress continues on the construction of the connection to Route 19. The residency understands overhead utility relocation is underway which will allow final excavation to be completed to make the connection to Route 19.

Three Rivers Destination Center

No new activity this month on this project.

Miscellaneous

Residency staff stand ready to respond to inquiries and provide explanations but also offer the 1800-FOR-ROAD call to enter work order requests into VDOT’s tracking system.

DICKENSON COUNTY:

Mr. Damon Rasnick Mr. Ronald Peters

CUMBERLAND PLATEAU RWMA:

‘CUMBERLAND PLATEAU

Mr. Toby F. Edwards, Executive Director

BUCHANAN COUNTY: RUSSELL COUNTY: Mr. Jeff Cooper Mr. Tim Hess Mr. Carl Rhea Mr. Tim Lovelace February 20, 2023

Mr. Lonzo Lester County Administrator

Russell County Board of Supervisors 137 Highland Drive, Suite A Lebanon, VA 24266

RE: 2023 Manpower Agreement, 2023 Users Agreement 2023 CPRWMA Budget

Dear Mr. Lester,

Enclosed please find a copy of the 2023 Cumberland Plateau Regional Waste Management Authority Manpower Service Agreement,2023 Users Agreement and the

CPRWMA 2023-2024 Budget. At our February 16" Board of Directors meeting, my board

‘ members approved the Users Agreement and Manpower Agreement NO changes from last year

f ona 6 yea 0 nay vote. After discussion, the Authority Board voted 6 yea and 0 nay to increase our operating budget by $7,242.94 per month to cover the increase in fuel and utilities. If your board approves, simply write me a letter stating that your board has agreed to extend the agreements and approves our 2023-2024 Operating Budget. . To clarify, there are no changes made from last years Manpower or Users Agreements.

Ifyou or Ms. Katie Patton has questions please feel free to contact me at (276) 889-1778 or email [email protected]

Toby F*, Edwat Executive Director Cumberland Plateau Regional Waste Management Authority

Cé: Mr, Carl Rhea, Chairman’drid Russell County Representative Ce: Mr. Tim Lovelace, Russell County Representative y Ce: Mr. Brian FerehSMHIGARHAY DVB, O; Box 386 Lebanon, VA 24266 i : \ Phone 276-833-5403. Email fobyedwardsabvu net ‘ www.cprwma.com ti q ® f ity) ‘ ‘hie

“CUMBERLAND PLATEAU REGIONAL WASTE MANAGEMENT AUTHORITY FY 2023 2024- OPERATING BUDGET

[Transport/Disposal

Hire Recycling

HHW Events

Other Reimbursed Expenses

Buchanan —T | Dickenson Russell

Buchanan

Buchanan increase Dickenson increase Russell -

tion Maintenance/Improvements:

Buchanan

Dickenson

Russell |Loader/Equip Maintenance: Buchanan

Dickenson [ Russet

Hransfer Station Permits and Management station Permits

Fringe-Health and Retirment | [Finance Manager

Rental/internet/Cell/Oftice

[Professional Fees (Audit) [Meeting Expenses

(Guesiiiennses |Vehicle Expense Uniform Rentals

increase [7

| overnean susvoTaL [+

[TOTAL EXPENSES

“Overhead Rate per ‘County per month

$1,242.94

USER AGREEMENT FOR SOLID WASTE DISPOSAL

‘THIS AGREEMENT, made and executed this the_/ soy ot Leh tac. 2023 by and between the COUNTY OF DICKENSON, Virginia, the COUNTY OF BUCHANAN, Virginia, and the COUNTY OF RUSSELL, Virginia, political subdivisions of the COMMONWEALTH OF VIRGINIA, hereinafter referred to as “Users,” and the CUMBERLAND PLATEAU WASTE MANAGEMENT AUTHORITY, a body politic and corporate and a political subdivision of the COMMONWEALTH OF VIRGINIA, an Authority created by the aforesaid

Users, pursuant to the Virginia Water and Sewer Authorities Act, hereinafter referred to as “Authority.”

ARTICLE I- BASIC INTENT AND PURPOSE

This Agreement is entered into as authorized by the Virginia Water and Waste Authorities Act, Va, Code Ann, § 15.2-5100 et seq. (hereinafter the “Act”).
The Authority has all the powers, rights and duties as described in the Act and as specified in its Articles of Incorporation and may exercise the same in the performance of its functions as set out in the Act.
The purposes for which the Authority was created are to acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate, maintain and finance a Garbage and Refuse Collection and Disposal System, as that term is defined in the Act, within, without, or partly within and partly without the Counties of Buchanan, Dickenson and Russell, Virginia.
The Authority, subject to the terms and conditions hereinafter set out, desires to maintain a safe, sanitary and environmentally sound Disposal System (hereinafter

defined) and for and by such Disposal System to accept and dispose of the

Disposable Solid Waste (as the.term,is defined herein, and hereinafter referred to as DSW) of the Users.

The Users, subject to the terms and conditions hereinafter set out, desire to use the Authority’s Disposal System for the disposal of DSW generated within, collected by, or otherwise under the control of the User.

USER AGREEMENT Page| |

. The Disposal System shall be established, operated and maintained in accordance with the Authority’s Plan of Operation, attached hereto and made a part hereof, which is intended to be effective upon the date of execution of this Agreement, and

which may be amended by the Authority from time to time. ARTICLES II - DEFINITIONS:

Disposable Solid Waste (hereinafter DSW) — Any Solid Waste other than

Hazardous Waste, specifically including Processible Solid Waste, Special Waste (approved, as set forth in the Plan of Operation) and Non-Processible Solid Waste (as such terms are defined in the Plan of Operation).

Disposal System — Alll those facilities owned, leased or operated by the Authority designed to collect, manage and/or dispose of Solid Waste and those designed to accomplish recycling and/or volume waste reduction by methods other than DSW; and the land, structures, vehicles and equipment for use in connection therewith.

. Hazardous Waste ~ a Solid Waste or combination of Solid Waste which, because of its quantity, concentration or physical, chemical or infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial present or potential hazard to human health, the Disposal System, or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as “hazardous” by State or Federal agencies (including the United States Environmental Protection Agency) with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other wastes.

|. Non-Conforming Waste - (a) Any waste excluded from the definition of Solid Waste and (b) Special Waste (as defined in the Plan of Operation) which has not been approved by the Authority,

. Plan of Operation -.A plan adopted by the Authority, as amended or supplemented, setting forth the types of material acceptable to the Authority for disposal, the times and places where material will be received by the Authority, the methods of

USER AGREEMENT Page | 2

collecting fees charged by the Authority for disposal service, and such other information as will describe operational procedures, control use of the Disposal System and provide instruction and guidelines to users of the Disposal System. The Plan of Operation shall be marked as Exhibit “A” and incorporated by reference into this User Agreement. Said Plan of Operation shall be subject to annual review at the same time this User Agreement is subject to annual review. If any changes are made to the Plan of Operation by the parties, such changes shall also be subject to the approval of the Department of Environmental Quality.

Solid Waste ~ Any garbage, trash, brush, refuse, sludge (as defined in the Plan of Operation) and other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities and residences, but does not include: (i) solid and dissolved materials in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to permit from the State Water Control board; (iii) source, special nuclear, I as defined by the Federal Atomic Energy Act of 1954, as

or by-product materi amended; (iv) to the extent such Solid Waste is transported from the Transfer Stations to any landfill operated by an entity other than the Authority, and other materials not allowed under the permits, licenses and approvals relating to such landfill; ot (v) asbestos,

Tipping Fee — The charge made by the Authority for the disposal of DSW (as set forth in the Plan of Operation). The Tipping Fee shall be calculated by determining the total of: (a) the disposal fee charged by any landfill operator with whom the Authority may contract for the ultimate disposal of any Solid Waste delivered hereunder; (b).the amount of principal premium, if any, and interest or any other amounts due, or to become due, with respect to any indebtedness of the Authority or required to avoid a default with respect to such indebtedness; and © all expenses of the Authority relating to the operation and maintenance of the Disposal System as per the line item budget approved annually by the Authority Board, excluding administrative costs defined below) including any reserves required by Authority, This amount shall be divided by the tonnage projected to be received to derive a

USER AGREEMENT Page | 3

cost per ton to be charged for use of the Disposal System. The tipping fee is the same for all three member counties per the components of this paragraph. However, transportation costs for each member county is determined by mileage from the county’s transfer station to the landfill. The cost per mile will be uniform for each county with only the actual mileage varying. The Authority will invoice each county separately for its transportation costs. The parties agree to annually review the component costs making up the tipping fee and transportation costs to make appropriate annual adjustment to said tipping fee and transportation costs (costs per mile). The annual adjusted tipping fee and transportation costs are subject to the approval of the Board of Supervisors of each of the Users and the Board of the Authority, Once the User Agreement is approved either initially or upon subsequent annual reviews, said approved User Agreement shall be binding on all the parties, It is acknowledged by all the parties that the landfill charge is based ona five year contract that is procured pursuant to 15.2-5136. The parties further acknowledge that the Authority is contractually bound by this five year contract in regard to the landfill charge and bound by another contract for transportation charges. The parties agree that such contracts are binding upon the Authority and while in effect restrict the Authority’s ability to make any adjustments to landfill contract costs and transportation contract costs. However, the parties further agree that the contract, for access to the landfill and the contract for transportation services to transport the solid waste from the transfer stations to the landfill are subject to review and approval of the Board of Supervisors of the three Users.

. Administrative Fee—The Authority has administrative costs that include items in the current Authority fiscal line item budget as approved by the!Authority Board. These costs include, but are not limited to, IT support, bookkeeping costs, salary and fringe benefits of Authority employees, legal costs, office rental, and VACO insurance. ‘The Authority will present its proposed line item annual budget for the upcoming year to the member County Administrators annually on or before March 15 to be included in each County Board of Supervisor’s next monthly meeting agenda for review and approval .

USER AGREEMENT Page | 4

The total monthly administrative costs of the Authority shall be divided equally among the Users and paid through monthly invoices submitted to the Users by the Authority. ARTICLE II - TERM OF AGREEMENT This Agreement shall become effective and operations hereunder shall commence on or about July 1st, 2023. This Agreement shall be binding upon the parties, commencing upon the execution hereof, and extending for a period of one (1) year. Prior to the end of the one-year term, any further extensions must be approved by the Board of Supervisors of each of the User and the Authority Board annually, ARTICLE IV - DELIVERY CONDITIONS

The Users hereby agree to deliver or cause to be delivered to the Disposal System in accordance with the Plan of Operation substantially all (at least 95 percent per year) of the DSW which is generated or collected by or within or under the control of each of the Users from the effective date of this Agreement. Each of the Users will also use best efforts to enter into contractual agreements with each locality, generator and commercial hauler of DSW in their respective counties for their use of the Disposal System.
Subject to the terms and conditions of this Agreement and the Plan of Operation, the Authority hereby agrees to receive and accept all DSW delivered to the Disposal System by each of the Users after the effective date of this Agreement and throughout the remaining term of this Agreement.
The Authority shall provide one or more Transfer Stations to each of the Users for the disposal of DSW. The location of all Transfer Stations shall be specified in the Plan of Operation. The Authority shall have the right to designate a separate point or points of delivery for any grades or categories of DSW which in its opinion require special handling or methods of disposal.
The Users hereby agree not to build or, to the extent of their legal authority, allow

to be built any facil that would compete with the Disposal System during the

duration of the term of this Agreement.

USER AGREEMENT ’ Page| 5

ARTICLE V —- CHARGES AND FEES FOR USE OF AUTHORITY DISPOSAL SYSTEM

The Users agree to pay to the Authority rates, fees, and other charges as approved by the Authority’s Board of Directors in compliance with Va. Code Ann. §15.2- 5136 subject to approval of the Board of Supervisors of each User. The Authority agrees to comply with § 15.2-5136 when fixing rates, fees, and other charges, . Each of the Users shall have the right to set the fees to be charged to the public at each transfer station in their respective county for the disposal of DSW.

The Authority shall invoice each User for the Tipping Fees on a monthly basis (within ten (10) days after the end of the month). Such invoices will show the total tonnage received by the Authority attributable to the User during the billing period of all DSW. Such invoices shall be due and payable without offset within Thirty (30) days of the date of the invoice.

‘The DSW delivered to the Disposal System will be weighed for the purpose of determining the actual tonnage received. Fractions of tons actually received shall be invoiced on an accumulated basis each month. In the event of malfunction of the Authority’s weighing scales or other measuring device, an estimate of the amount of DSW received will be computed based on the average amount received per vehicle, when dumping records for such vehicle for the six (6) months immediately preceding are available, or when such records are not available, will be computed based on the average amount received per vehicle of like size and/or compaction ratio.

‘The Authority shall keep proper books and records in accordance with generally accepted accounting principles which shall be available for inspection by the User at all reasonable times.

Any proposed amendment of rates, fees or other charges imposed by the Authority on the Users pursuant to this Agreement is subject to approval by the Users after the. Authority has provided adequate documentation to demonstrate that an increase

or decrease is necessary under § 15,2-5136.

USER AGREEMENT Page | 6

ARTICLE VI - TITLE TO SOLID WASTE; LIABILITY FOR SOLID WASTE,

1, Title to all DSW delivered to the Disposal System by each of the Users shall pass

to the Authority when recorded by the Authority’s weighing scales or other measuring devices at the Authority’s facilities, EXCEPT that title to Hazardous Waste and Non-Conforming Waste shall not vest or pass to the Authority, even if Hazardous Waste and Non-Conforming Waste is delivered to and unknowingly accepted by the Authority. Inoperability or unavailability of the Authority’s measuring devices shall not alter the transfer of title to DSW delivered to and accepted by the Authority.

In the event that Hazardous Waste is inadvertently or unknowingly delivered to and/or accepted by the Authority, it is understood and agreed between the parties that liability for any environmental contamination, adverse effects, penalties or damages resulting from, and necessary costs of correction, may be imposed upon

the Users by any regulatory bodies with adequate jurisdiction. ARTICLE VII - DEFAULT

In the event of default, the non-defaulting party shall have the right, but not the obligation, to cure such default and to charge the defaulting party for the cost of curing said default, and to obtain reimbursement thereof.
Upon the occurrence of a default by the Authority hereunder, any of the Users, after giving notice of such default to the Authority, may bring appropriate legal proceedings to require the Authority to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. However, prior to any of the Users initiating legal action against the Authority, the User(s) must give the Authority written notice of the default and provide the Authority thirty (30) days to cure said default.
Upon the occurrence of a default by any User, the Authority, after giving notice of such default to all parties, may bring appropriate legal action to require the User to perform its duties under the Act and this Agreement or to enjoin any acts in

violation of the Act or this Agreement. However, prior to the Authority initiating

USER AGREEMENT Page |7

legal action against a User, the Authority must give the User written notice of the default and provide the User thirty (30) days to cure said default,

No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing as

provided by law. ARTICLE VIII - NO PARTNERSHIP

Nothing herein shall be construed to constitute a joint venture between the

Authority and the Users or the formation of a partnership.

ARTICLE IX - FORCE MAJEURE

. Failure of any party to perform hereunder, including failure of any User to deliver

or cause to be delivered DSW, or inability of the Authority to accept DSW, by reason of Force Majeure (as defined in the Plan of Operation) shall not constitute a default or be cause for termination of this Agreement. However, the party so failing to perform shall immediately notify the other party of the failure, including reasons thereof, and shall make reasonable efforts to correct such failure to perform at the

earliest possible date.

. If, by reason of Force Majeure, the Authority cannot accept DSW at the Transfer

Station located within the User’s region, the Authority shall immediately provide

for and notify the User of an alternate delivery points(s),

. Solely in the event that no facilities of the Authority are available for disposal of

DSW the User shall have the right, but not the obligation, to dispose of or cause to be disposed of DSW at locations other than the Transfer Station located within the User’s region until the cause of the Authority’s inability to accept the User’s DSW

is cured, but not thereafter. ARTICLE X —- EXTENT OF AGREEMENT

This Agreement, together with the Plan of Operation, represents the entire

agreement between the parties hereto and supersedes all prior negotiations,

USER AGREEMENT Page |8

representations or agreements, either written or oral. This Agreement shall not be

modified, altered or amended unless in writing and signed by the parties.

ARTICLE XI - GENERAL

. In the event that any provisions of this Agreement shall be held to be invalid, the

remaining provisions shall be valid and binding upon the parties,

. One of more waivers by either party hereto of performance of any obligation and/or

covenant hereunder shall not be construed as a waiver of subsequent breach of any

obligation and/or covenant.

. Neither the Users nor the Authority shall delegate or assign duties under this

Agreement without the written consent of the other.

… The construction and performance of this Agreement shall be in accordance with

the laws of the Commonwealth of Virginia. In the event of a dispute between the Authority and a User, the venue for resolution of that dispute shall lie in the Circuit Court of the User. In the event a dispute between the Authority and two or more Users occurs or a dispute occurs between or among Users, the Chief Judge of the

29" Judicial Circuit shall determine the venue and appoint a judge to hear the case.

. Any notices hereunder shall be in writing addressed to the party as set forth below

or at such other address as may be designated in writing to the other parties hereto.

. In the event the Authority has an administrative fee surplus at the end of any

fiscal year and at the end of audit of said fiscal year, such surplus amounts shall be divided equally among the three (3) member counties, based on a review and vote of the Authority Board.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be

properly executed and attested by duly authorized officials as of this theZO. day of [| ev

, 2023.

Cumberland Plateau Regional Waste Management Authority

py Col Pln (SEAL) ‘CPRWMA Chairman, Carl Rhea 135 Highland Drive, Suite C Lebanon, Virginia 24266 Telephone: (276) 883-5403

USER AGREEMENT Page |9

ATTEST:

eZee Pe. HZe~~— (sgl)

CPRWMA Secretary

APPROVED TO FORM ONLY: (SEAL) Rébecca Thornbury, Esq/Counsel for the CPRWMA

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

‘The foregoing contract was subscribed and acknowledged before me by Carl Rhea, Chairman of the CPRWMA. Board, Secretary of the CPR]WMA and Rebecca Thornbury, Counsel for CPWRMA this the 26 day of. Febs ay 2023 in Se .

My Commission expires; My Registration # is,

Toby Franklin Edwards NOTARY PUBLIC ‘Commonwealth of Virginia Reg. # 7342993,

My Commission Expires 7/31/2024

USER AGREEMENT Page| 10

Bi County Board of Supervisors

By (SEAL) Tim Hess, Chairman P.O. Drawer 950 Grundy, Va. 24614 Telephone: 276-935-6503 Fax: 276-935-4479

ATTEST: (SEAL) Robert Craig Horn County Administrator APPROVED AS TO FORM: (SEAL)

Lawrence L. Moise III, Esq., County Attorney

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

The foregoing contract was subscribed and acknowledged before me by Jeff Cooper, Chairman of the Buchanan County Board of Supervisors, Robert Craig Horn, County Administrator and Lawrence L. Moise III, County Attorney this the day of 2023 in County, Va.

NOTARY PUBLIC My Commission expires: My Registration # is

Dickenson County Board of Supers

By. (SEAL) Peggy Kiser, Chairman P.O, Box 1098 Clintwood, Virginia 24228 ‘Telephone: (276) 926-1676 Fax: (276) 926-1649

ATTEST: (SEAL) Larry Barton., County Administrator APPROVED AS TO FORM: (SEAL)

William Sturgill, Esq. County Attorney of Dickenson County, Va.

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

The foregoing contract was subscribed and acknowledged before me by Peggy Kiser, Chairman of the

Dickenson County Board of Supervisors, Larry Barton, County Administrator the Dickenson County, Va

and William Sturgill, County Attorney of Dickenson County, Va, this the day of 2023 in County, Va.

NOTARY PUBLIC My Commission expires: My Registration # is,

USER AGREEMENT Page | 12

i Russell County Board of Supervisors

i By_ (SEAL) Lou Ann Wallace, Chairman | 137 Highland Drive Lebanon, Va. 24266 Telephone: 276-889-8000 Fax: 276-889-8011

ATTEST: (SEAL) Lonzo Lester County Administrator APPROVED AS TO FORM: iW (SEAL)

4 Katie Patton, Esq., County Attorney

COMMONWEALTH OF VIRGINIA, AT LARGE, to wit:

‘The foregoing contract was subscribed and acknowledged before me by Lou Ann Wallace, Chairman of the Russell County Board of Supervisors, Lonzo Lester, County Administrator and Katie Patton, Esq. County Attorney, this the day of 2023 in County, Va.

NOTARY PUBLIC

My Commission expires: My Registration # is

Section 33.2-909 Abandonment of Secondary Route Without Replacement Road

Locality initiates abandonment on its own motion or receives request to abandon from

any interested landowner in the county

Locality provides Notice of Intent to Abandon (NOIA) resolution or letter to Commissioner of

Transportation

Locality posts the NOIA in at least 3 places along the section of roadway to be abandoned

Locality posts NOIA at the front door of the courthouse at least 3 days before the first day

of the regular term of the Circuit Court

Locality publishes Willingness to Hold a Public Hearing advertisement for at least 30 days in two or more issues of the same newspaper*

Locality publishes Public Hearing Notice for at least 30 days in two or more issues of the

same newspaper, and locality provides notice of the public hearing to VDOT.*

Did the locality receive a request

for a public hearing from an

abutting property owner?**

Within 4 months of the Willingness period expiration or within 4 months of the public

hearing, locality approves a resolution ordering the abandonment and forwards a

copy to the local VDOT residency.

VDOT residency staff prepares RIMS highway system change assembly & submits to Office

of Land Use for approval

Office of Land Use reviews the RIMS highway system change assembly, completes the approval process in RIMS, & forwards the

approval to the VDOT residency

LOCALITY CHOOSE ONE

YES

Locality conducts public hearing to receive public comments for or against

the abandonment & provides VDOT a written

transcript of any comments received.

NOTE: IF THE ABANDONMENT INVOLVES A PUBLIC LANDING, THE LOCALITY SHALL ALSO PROVIDE NOTICE TO THE DEPT. OF

WILDLIFE RESOURCES

NOTE: Posting of the NOIA along the road or at the courthouse and publication of the willingness or public hearing advertisements in a newspaper

should be done concurrently.

*NOTE: The locality shall provide VDOT copies of the newspaper advertisements and/or an affidavit of publication from the newspaper. This is required for proof of compliance with Section 33.2-909.

AND

**NOTE: Section 33.2-909 specifies that only an abutting property owner may request a public hearing.

NOTE: If the locality, upon consideration of public comments and relevant facts, decides that the road should not be abandoned. The locality shall approve a resolution dismissing the petition for abandonment and ordering that the road remain in the Secondary System. The locality shall provide a copy of this resolution to VDOT.

Section 33.2-909 Abandonment of Secondary Route Without Replacement Road

Locality initiates abandonment on its own motion or receives request to abandon from any interested landowner in the county

Locality provides Notice of Intent to Abandon (NOIA) resolution or let

‘Transportation

ter to Commissioner of

NOTE: IF THE ABANDONMENT INVOLVES ‘APUBLIC LANDING, THE LOCALITY SHALL ‘ALSO PROVIDE NOTICE TO THE DEPT. OF ‘WILDLIFE RESOURCES

Locality posts the NOIA in at least 3 places along the section of roadway to be abandoned

LOCALITY CHOOSE ONE

-seumevonscne

"NOTE: Posting of ha NOIA along the road ort

‘he courthouse end publication of he wilingness

or publlc hearing advertisements in a newspaper ‘should be done concurrent.

AND

Locality publishes Willingness to Hold a Public Hearing advertisement for at least 30 days in two or more issues of the same newspaper*

LOCALITY CHOOSE ONE |< OCT CHOOSE ONE |

Locality posts NOIA at the front door of the courthouse at least 3 days before the first day of the regular term of the Circuit Court,

Locality publishes Public Hearing Notice for at least 30 days in two or more issues of the same newspaper, and locality provides notice of the public hearing to VDOT.*

NOTE: Th local shall provide VDOT cape fh ‘nevapaperadverioements acer an aie

‘St pteaon rom te bowser Trees ferro of compliance wth Seton

a2 em

“NOTE: Section 332-909 species that ony an abutting Property owner may request «publichearing.

Locality conducts public hearing to receive public comments for or against the abandonment & provides VDOT a written transcript of any comments received.

[NOTE aay upon comm of eae cements en eavnt nc, deeds thal he

prvi copy os revoliten to VOT.

Within 4 months of the Willingness period expiration or within 4 months of the public hearing, locality approves a resolution ordering the abandonment and forwards a copy to the local VDOT residency.

‘VDOT residency staff prepares RIMS highway system change assembly & submits to Office

of Land Use for approval

Office of Land Use reviews the RIMS highway system change assembly, completes the approval process in RIMS, & forwards the approval to the VDOT residenc)

2/28/23, 9:23 AM Russell County Mail - RE: Rte 871 ABANDONMENT

https://mail.google.com/mail/u/0/?ik=28e834d897&view=pt&search=all&permthid=thread-f%3A1757369524948546364|msg-f%3A1757369524948… 1/3

Lonzo Lester [email protected]

RE: Rte 871 ABANDONMENT 1 message

John Bolling [email protected] Thu, Feb 9, 2023 at 10:55 AM To: Lonzo Lester [email protected] Cc: William Counts [email protected], Jeff Buchanan [email protected]

Lonzo,

Attached are templates & related documents for the county’s use in abandoning Route 871.

Included are:

· Sample Notice of Intent to Abandon resolution

· Sample Willingness to Hold a Public Hearing Advertisement & sample Public Hearing advertisement

· Sample road posting advertisement for a willingness & a public hearing

· System change sketch

· Sample Abandonment Resolution

· Section 33.2-909 flowchart

If you have any questions or need assistance, please contact me.

Thank you,

John Bolling Land Development Engineer

VA Department of Transportation

Lebanon Residency

P.O. Box 127 (1067 Fincastle Rd)

Lebanon, VA 24266

(276) 889-7601

From: Lonzo Lester [email protected] Sent: Wednesday, January 4, 2023 11:44 To: John Bolling [email protected] Subject: Re: Rte 871 discon�nuance, Sourwood Mtn

John,

https://www.google.com/maps/search/1067+Fincastle+Rd)+Lebanon,+VA+24266?entry=gmail&source=g https://www.google.com/maps/search/1067+Fincastle+Rd)+Lebanon,+VA+24266?entry=gmail&source=g mailto:[email protected] mailto:[email protected] 2128/23, 9:23AM Russell County Mail- RE: Rte 871 ABANDONMENT

M™ Gmail

RE: Rte 871 ABANDONMENT

message

John Bolling [email protected] ‘To: Lonzo Lester <lonzo [email protected]>

Ce: Willa Counts <willam.counts@vdot virginia gov>, Jeff Buchanan <joft buchanan@vdot virginia gov>

Lonzo,

Attached are templates & related documents for the county’s use in abandoning Route 871

Included are:

‘* Sample Notice of Intent to Abandon resolution

Lonzo Lester [email protected]

‘Thu, Feb 9, 2023 at 10:55AM

‘© Sample Willingness to Hold a Public Hearing Advertisement & sample Public Hearing advertisement

‘© Sample road posting advertisement for a wilingness & a public hearing

‘© System change sketch ‘© Sample Abandonment Resolution ‘© Section 33.2-909 flowchart

If you have any questions or need assistance, please contact me.

Thank you,

John Bolling

Land Development Engineer VA Department of Transportation Lebanon Residency

P.O, Box 127 (1067 Fincastle Rd) Lebanon, VA 24266

(276) 889-7601

From: Lonzo Lester [email protected] Sent: Wednesday, January 4, 2023 11:44

To: John Bolling </ohn. bolling@vdot virginia. gov> Subject: Re: Rte 871 discontinuance, Sourwood Mtn

John,

https:/mail google. com/mailu/0/7ik=286834d8978 view=pt&search=all&permthid-thread-143A1757369524048546364%7Cmsg%3A1757369524048,…_ 1/3

The Board of Supervisors of Russell County, in regular meeting on the
day of 2023, adopted the following:

RESOLUTION TO ABANDON ROUTE 871 FROM
THE SECONDARY SYSTEM OF STATE HIGHWAYS

WHEREAS, a public notice was posted as prescribed under §33.2-909, Code of Virginia, announcing a public hearing to receive comments concerning abandoning the section of road described on the project sketch and VDOT Form AM4.3, attached and incorporated herein as a part of this resolution, from the secondary system of state highways, and

WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board’s intent to abandon the subject section of road, and

WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Secondary Route 871 from Route 722 to 0.39 mile northeast of Route 722, a distance of 0.39 mile, and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways, and

NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of Route 871 and removes it from the secondary system of state highways, pursuant to §33.2-909, Code of Virginia; and

BE IT FINALLY RESOLVED, a certified copy of this resolution be forwarded to the Resident Administrator of the Virginia Department of Transportation.

Recorded Vote A Copy Teste: Moved By: _________________________ Seconded By: ______________________ Yeas: ____________________________ __________________________________ Nays: _____________________________ (Name), (Title)

The Board of Supervisors of Russell County, in regular meeting on the day of 2023, adopted the following:

RESOLUTION TO ABANDON ROUTE 871 FROM THE SECONDARY SYSTEM OF STATE HIGHWAYS

WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of this Board’s intent to abandon the subject section of road, and

NOW, THEREFORE, BE IT RESOLVED, this Board abandons the above described section of Route 871 and removes it from the secondary system of state highways, pursuant to §33.2-909, Code of Virginia; and

BE IT FINALLY RESOLVED, a certified copy of this resolution be forwarded to the Resident Administrator of the Virginia Department of Transportation.

Recorded Vote A Copy Teste: Moved By:

Seconded By:

Yeas: __ Nays: (Name), (Title)

[COUNTY LETTERHEAD]

NOTICE OF ROADWAY ABANDONMENT PUBLIC HEARING ROUTE 871

PURSUANT TO SECTION 33.2-909 OF THE CODE OF VIRGINIA

THE RUSSELL COUNTY BOARD OF SUPERVISORS WILL CONSIDER ABANDONMENT OF ROUTE 871 FROM ROUTE 722 TO 0.39 MILE NORTHEAST OF ROUTE 722, A DISTANCE OF 0.39 MILES. A PUBLIC HEARING WILL BE HELD ON {DATE OF PH} AT {PH LOCATION} TO RECEIVE PUBLIC COMMENT ON THIS MATTER.

FOR ADDITIONAL INFORMATION CONTACT THE [COUNTY NAME] BOARD OF SUPERVISORS.

[CONTACT INFORMATION]

*NOTE: THIS NOTICE TO BE PLACED FOR AT LEAST 30 DAYS ON A WEATHER PROOF SIGN PANEL AND POSTED IN AT LEAST THREE PLACES ALONG THE SECTION OF ROADWAY TO BE ABANDONED, TYPICALLY THE BEGINNING POINT, MIDPOINT, & END POINT OF THE SECTION TO BE ABANDONED. POSTING OF THIS NOTICE SHOULD BE CONCURRENT WITH THE FIRST PUBLIC NOTICE PUBLICATION.

[COUNTY LETTERHEAD]

NOTICE OF ROADWAY ABANDONMENT PUBLIC HEARING ROUTE 871

PURSUANT TO SECTION 33.2-909 OF THE CODE OF VIRGINIA

FOR ADDITIONAL INFORMATION CONTACT THE [COUNTY NAME] BOARD OF SUPERVISORS.

[CONTACT INFORMATION)

The Board of Supervisors of Russell County, in regular meeting on the day of 2023, adopted the following:

RESOLUTION: NOTICE OF INTENT TO ABANDON ROUTE 871 FROM THE SECONDARY SYSTEM OF STATE HIGHWAYS

WHEREAS, it appears to this Board that Secondary Route 871 from Route 722 (Sourwood Mountain Rd) to 0.39 mile northeast of Route 722, a distance of 0.39 mile, serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways.

NOW, THEREFORE, BE IT RESOLVED, the Clerk of the Board is directed to post and publish notice of the Board’s intent to abandon the aforesaid section of Route 871, pursuant to §33.2-909 of the Code of Virginia, as amended.

BE IT FURTHER RESOLVED, a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation.

Recorded Vote A Copy Teste: Moved By:
Seconded By:
Yeas:
Nays: (Name), (Title)

The Board of Supervisors of Russell County, in regular meeting on the day of 2023, adopted the following:

RESOLUTION: NOTICE OF INTENT TO ABANDON ROUTE 871 FROM THE SECONDARY SYSTEM OF STATE HIGHWAYS

BE IT FURTHER RESOLVED, a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation.

Recorded Vote A Copy Teste: Moved By: Seconded By: Yeas:

Nays:

(Name), (Title)

‘SEOMENT A-8: ROUTE #7, SECTION 382 From ote 722t0 037 mite NE Re 7 Us

38 ES as

ADEPT. OF TRANSPORTATION

brisrou perm LEBANON RESIDENCY

RUSSELL COUNTY O83

2/28/23, 1:41 PM Russell County Mail - T1211 Turkey Knob Rd abandonment

https://mail.google.com/mail/u/0/?ik=28e834d897&view=pt&search=all&permthid=thread-f%3A1757733396127771306|msg-f%3A1757733396127… 1/1

Lonzo Lester [email protected]

T1211 Turkey Knob Rd abandonment 1 message

John Bolling [email protected] Mon, Feb 13, 2023 at 11:19 AM To: “Lester, Lonzo” [email protected] Cc: Jeff Buchanan [email protected]

Lonzo,

Back in June 2022 the county provided a NOIA resolution for Route T1211 in Cleveland. However, we did not follow through with the procedure of posting the willingness/PH advertisement. Attached are the sample templates for a willingness & a public hearing (whichever you choose). I bring this up now because you could combine this advertisement with the one for Route 871, and get two birds with one stone. Saves you the cost of a newspaper ad if you combine them into one.

John Bolling Land Development Engineer

VA Department of Transportation

Lebanon Residency

P.O. Box 127 (1067 Fincastle Rd)

Lebanon, VA 24266

(276) 889-7601

3 attachments

83-1211 WILLINGNESS TO HOLD PH AD SAMPLE.docx 19K

1211-083 ABANDON HSC SKETCH.pdf 826K

83-1211 PUBLIC HEARING Notice sample.docx 21K

https://www.google.com/maps/search/1067+Fincastle+Rd)+Lebanon,+VA+24266?entry=gmail&source=g https://www.google.com/maps/search/1067+Fincastle+Rd)+Lebanon,+VA+24266?entry=gmail&source=g https://mail.google.com/mail/u/0/?ui=2&ik=28e834d897&view=att&th=1864b935fe096aaa&attid=0.1&disp=attd&realattid=ec118c5530eedfcd_0.1&safe=1&zw https://mail.google.com/mail/u/0/?ui=2&ik=28e834d897&view=att&th=1864b935fe096aaa&attid=0.2&disp=attd&realattid=ec118c5530eedfcd_0.2&safe=1&zw https://mail.google.com/mail/u/0/?ui=2&ik=28e834d897&view=att&th=1864b935fe096aaa&attid=0.3&disp=attd&realattid=ec118c5530eedfcd_0.3&safe=1&zw 2128123, 1:41 PM Russell County Mail-T1211 Turkey Knob Rd abandonment

M™ Gmail

71211 Turkey Knob Rd abandonment

message John Bolling [email protected]

‘To: "Lester, Lonzo”<lonzo [email protected]> Ce: Jof Buchanan «jeff buchanan @vdot virginia.gov>

Lonzo,

Lonzo Lester [email protected]

Mon, Feb 13, 2023 at 11:19AM

Back in June 2022 the county provided a NOTA resolution for Route T1211 in Cleveland. However, we did not follow through with the procedure of posting the willingness/PH advertisement. Attached are the sample templates for a willingness & a public hearing (whichever you choose). I bring this up now because you could combine this advertisement with the one for Route 871, and get two birds with one stone. Saves you the cost of a newspaper ad if you combine them into one.

John Bolling

Land Development Engineer VA Department of Transportation Lebanon Residency

P.O. Box 127 (1067 Fincastle Rd) Lebanon, VA 24266

(276) 889-7601

3 attachments

jay 89-1211 WILLINGNESS TO HOLD PH AD SAMPLE. docx 19K

\2) 1211-083 ABANDON HSC SKETCH pat 826K

jay 89-1211 PUBLIC HEARING Notice sample.docx 21K

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ROADWAY ABANDONMENT PUBLIC HEARING NOTICE ROUTE T-1211 (TURKEY KNOB), TOWN OF CLEVELAND

[DATE & TIME OF PH*] [PH LOCATION-PHYSICAL ADDRESS]

Pursuant to §33.2-909 of the Code of Virginia, Russell County Board of Supervisors will hold a public hearing to consider abandonment of Route T-1211 in the Town of Cleveland from Route 82 to 0.50 mile west of Route 82, a distance of 0.50 mile. This matter is being considered upon request of the Virginia Dept. of Transportation.

Citizens interested in giving written or oral comments may do so at the public hearing.
County & VDOT staff will be available to discuss information regarding the proposed abandonment. Please contact the Russell County Administrator’s Office with any questions at:

[point of contact information: name, address, phone, email]

*date of public hearing must be at least 30 days after the date of the first publication of the PH notice.

ROADWAY ABANDONMENT PUBLIC HEARING NOTICE ROUTE T-1211 (TURKEY KNOB), TOWN OF CLEVELAND [DATE & TIME OF PH*]

IPH LOCATION-PHYSICAL ADDRESS]

Citizens interested in giving written or oral comments may do so at the public hearing. County & VDOT staff will be available to discuss information regarding the proposed abandonment. Please contact the Russell County Administrator’s Office with any questions at:

[point of contact information: name, address, phone, email]

“date of public hearing must be at least 30 days after the date of the first publication of the PH notice.

NOTICE OF PROPOSED ROAD ABANDONMENT

ROUTE T-1211: TURKEY KNOB

Pursuant to §33.2-909 Code of Virginia, the Russell County Board of Supervisors will consider abandonment of Route T-1211, Turkey Knob, in the town of Cleveland from Route 82 to 0.50 mile west of Route 82, a distance of 0.50 mile. This matter is being consider by the Board of Supervisors at the request of the Virginia Department of Transportation because the route does not provide sufficient public service to warrant maintenance at public expense. Additional materials related to the proposed abandonment may be obtained by contacting the Russell County Administrator’s office or the VDOT Lebanon Residency. Any abutting property owner may request a public hearing on the matter be held by the Board of Supervisors by submitting a written request to the Board of Supervisors on or before [cutoff date].

Russell County Board of Supervisors 137 Highland Dr.

Lebanon, VA 24266

Cutoff date must be at least 30 days from first publishing

NOTICE OF PROPOSED ROAD ABANDONMENT ROUTE T-1211: TURKEY KNOB

Russell County Board of Supervisors 137 Highland Dr. Lebanon, VA 24266

** Cutoff date must be at least 30 days from first publishing**

115L903B TOWN OF

CLEVELAND

115L1276 COMMONWEALTH OF VA

DEPT. OF CONSERVATION & RECREATION (CLEVELAND BARRENS)

Town of Cleveland

Russell County

T-1211

-0.50 0.16

1.08

RTE 645

RTE 696

ROUTE T-1211, TURKEY KNOB SECTION 33.2-909 ABANDONMENT

VIRGINIA DEPT. OF TRANSPORTATION BRISTOL DISTRICT

LEBANON RESIDENCY RUSSELL COUNTY (083)

TOWN OF CLEVELAND (193)

AB AN

DO N

M EN

T M

IL EA

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PL IT

CL EV

EL AN

D CO

RP . L

IM IT

DRAWN BY JOHN BOLLING 05-10-2022

SEGMENT A-B: ROUTE T-1211 ABANDONMENT FROM ROUTE 82 TO 0.50 MI WEST ROUTE 82

LENGTH = 0.50 MILE

SEGMENT C-D: ROUTE 82 MILEAGE SPLIT FROM ROUTE 669 TO ROUTE 645

LENGTH = 1.24 MILES

‘Town of Cleveland,

‘SEGMENT A-B: ROUTE T-1211 ABANDONMENT FROM ROUTE 82 TO 0.50 Mi WEST ROUTE 82 LENGTH = 0.50 MILE

‘SEGMENT C-D: ROUTE 82 MILEAGE SPLIT FROM ROUTE 669 TO ROUTE 645 LENGTH = 124 MILES

Russell County

msL1z16 ‘COMMONWEALTH OF VA,

DEPT. OF CONSERVATION & RECREATION (CLEVELAND BARRENS)

VIRGINIA DEPT. OF TRANSPORTATION BRISTOL DISTRICT LEBANON RESIDENCY ROUTE T-1211, TURKEY KNOB

RUSSELL COUNTY (083) SECTION 33.2-909 ABANDONMENT TOWN OF CLEVELAND (193)

‘CLEVELAND CORP. LIMITS

MILEAGE SPLIT

‘ABANDONMENT

2/28/23, 2:25 PM Russell County Mail - National Opioid Settlements – Payment – Russell County

https://mail.google.com/mail/u/0/?ik=28e834d897&view=pt&search=all&permthid=thread-f%3A1759099154613608999|msg-f%3A1759099154613… 1/1

Lonzo Lester [email protected]

National Opioid Settlements – Payment – Russell County 1 message

[email protected] [email protected] Tue, Feb 28, 2023 at 1:08 PM To: [email protected] Cc: [email protected], [email protected], [email protected], [email protected]

This is an official communication from the Directing Administrator of the National Opioid Settlements.

On 02/28/2023, the Directing Administrator initiated payment to your Subdivision as outlined in the table below. If your Subdivision is receiving payment for multiple Distributor Payment Years, those payments will be aggregated into one wire or check. Similarly, if your Subdivision is receiving payment for multiple Janssen Payment Years, those payments will be aggregated into one wire or check.

BG Entity ID State Beneficiary Type Beneficiary Name Payment Type Payment Amount Payment Method

12206 Virginia General Purpose Government Russell County Distributor Payment

Year 1 $14,421.99 Wire Transfer

12206 Virginia General Purpose Government Russell County Distributor Payment

Year 2 $15,156.81 Wire Transfer

Please contact the Office of the Attorney General in your State if you have any questions regarding how your Subdivision’s payment amount was calculated or how your Subdivision can use Settlement Funds.

Please let your Case Manager know if you encounter any issues with this payment.

Thank you,

BROWNGREER PLC
Directing Administrator National Opioid Settlements www.NationalOpioidOfficialSettlement.com

This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

http://www.nationalopioidofficialsettlement.com/ 2128123, 2:25 PM Russell County Mail - National Opioid Settlements ~ Payment - Russell County

M Gmail Lonzo Lester <lonzo [email protected]> National Opioid Settlements — Payment — Russell County

tmeceege

[email protected] <NoRep!y@natonlopoeilsetement com> Tue Feb 28,2008 t 108 PM

To: lonzo [email protected] Cc: [email protected], aoxenreiter@browngreer com, [email protected], [email protected]

This is an official communication from the Directing Administrator of the National Opioid Settlements.

(On 02/28/2023, the Directing Administrator initiated payment to your Subdivision as outlined in the table below. If your Subdivision is receiving payment for multiple Distributor Payment Years, those payments will be aggregated into one wire or check. Similarly, if your Subdivision is receiving payment for multiple Janssen Payment Years, those payments will be aggregated into one wire or check.

Please contact the Office of the Attorney General in your State if you have any questions regarding how your Subdivision’s payment amount ‘was calculated or how your Subdivision can use Settlement Funds.

Please let your Case Manager know if you encounter any issues with this payment. ‘Thank you,

BROWNGREER PLC

Directing Administrator

National Opioid Settlements vv. NationalOpioidOficialSettiement.com

This electronic mail is intended oe received and readonly by certain individuals. It may contain information tat is privileged or proected fom disclosure bylaw: Ift has ‘been misdirected, or if you suspect you received this in errr please notify me by replying and then delete this message and your reply. These restrictions apply to any ‘riachment to this email

https:/mail google. com/mail¥u/0/7ik=286834d8978& view=pt&search=all&permthid=thread-1%3A1759009154613608990%7Cmsg-%3A1759099154613… 1/1

2/28/23, 2:25 PM Russell County Mail - National Opioid Settlements – Payment – Russell County

https://mail.google.com/mail/u/0/?ik=28e834d897&view=pt&search=all&permthid=thread-f%3A1759099154613608999|msg-f%3A1759099372641… 1/1

Lonzo Lester [email protected]

National Opioid Settlements – Payment – Russell County 1 message

[email protected] [email protected] Tue, Feb 28, 2023 at 1:11 PM To: [email protected] Cc: [email protected], [email protected], [email protected], [email protected]

This is an official communication from the Directing Administrator of the National Opioid Settlements.

BG Entity ID State Beneficiary Type Beneficiary Name Payment Type Payment Amount Payment Method

12206 Virginia General Purpose Government Russell County Janssen Payment Year

5 $14,499.41 Wire Transfer

Please let your Case Manager know if you encounter any issues with this payment.

Thank you,

BROWNGREER PLC
Directing Administrator National Opioid Settlements www.NationalOpioidOfficialSettlement.com

http://www.nationalopioidofficialsettlement.com/ 2128123, 2:25 PM Russell County Mail - National Opioid Settlements ~ Payment - Russell County

M Gmail Lonzo Lester <lonzo [email protected]> National Opioid Settlements — Payment — Russell County

tmeceege

NoRepiy@nationsopioiofcasettementcom NoRenh@natonalopsofidlsetterentcon Tue Feb 28, 2028 at 1:1 PM

To: lonzo [email protected] Cc: [email protected], aoxenreiter@browngreer com, [email protected], [email protected]

This is an official communication from the Directing Administrator of the National Opioid Settlements.

Please let your Case Manager know if you encounter any issues with this payment.

‘Thank you,

BROWNGREER PLC

‘wv. NationalOpioidOficialSettiement.com This electronic mail is intended oe received and read only by certain individuals. It may contain information that is privileged or proected from disclosure bylaw: Ift has

lbeen misdirected, or if you suspect you received this in errr please notify me by replying and then delete this message and your reply. These restrictions apply to any ariachment to this email

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RRRR February 9, 2023

Lonzo Lester County Administrator 137 Highlands Drive, Suite A Lebanon, Virginia 24266

RE: Local Law Enforcement Block (“LOLE”) Grant Program - FFY 22

Dear Lonzo Lester:

The Byrne Justice Assistance Grant Program (JAG) makes federal funds available to localities to help support their efforts to reduce crime and improve public safety. The Virginia Department of Criminal Justice Services has been designated to administer a portion of the JAG funds reserved for Virginia and to make those funds available to local units of government. I am pleased to advise you that we are awarding your locality $2,623, funded through federal grant 15PBJA-22-GG-00616-MUMU. Your DCJS grant award number will be determined once your eligibility application is submitted and approved. The project period for this program is 3/1/2023 through 9/30/2023.

To indicate your acceptance of the award and conditions:

Sign the Statement of Grant Award/Acceptance (“SOGA”) and return it electronically within the next 45 days to [email protected] copying your Grant Monitor, Nicole Phelps at [email protected].
Localities wishing to accept the LOLE funds allocated for their jurisdiction will need to complete an “eligibility application” on DJCS’s On-line Grant Management System (“OGMS”) to ensure eligibility. The eligibility application process will be open until May 1, 2023. To receive funds, localities must complete the eligibility application process through the DCJS On-line Grants Management System (“OGMS”) no later than 5:00 pm on May 1, 2023. Please note that although OGMS uses the words “application” throughout the system, this is not an application but an eligibility process. This is a six (6) month grant and there will be no continuation.
Your agency will need to fill out all the requested information in the OGMS eligibility application to include the budget and brief budget narrative outlining how your agency will utilize the awarded federal funds (additional information on the LOLE grant program and how to complete the OGMS eligibility application is provided with this award package).

COMMONWEALTH of VIRGINIA

Department of Criminal Justice Services

‘The Honorable Jackson H. Miller Washington Building

Director 1100 Bank Street

Richmond, Virginia 23219 ‘Tracy Louise Winn Banks, Esq, (804) 786.4000 (Chief Deputy Director wowedejs.virginia gov

February 9, 2023

Lonzo Lester County Administrator

137 Highlands Drive, Suite A Lebanon, Virginia 24266

RE: Local Law Enforcement Block (“LOLE”) Grant Program - FFY 22

Dear Lonzo Lester:

To indicate your acceptance of the award and conditions:

Sign the Statement of Grant Award/Acceptance (“SOGA”) and return it electronically within the next 45 days to [email protected] copying your Grant

tor, Nicole Phelps at [email protected].

Localities wishing to accept the LOLE funds allocated for their jurisdiction will need to complete an “eligibility application” on DJCS’s On-line Grant Management System (“OGMS") to ensure eligibility. The eligibility application process will be open until May 1, 2023. To receive funds, localities must complete the eligibility application process through the DCJS On-line Grants Management System (“OGMS”) no later than 5:00 pm on May 1, 2023. Please note that although OGMS uses the words “application” throughout the system, this is not an application but an eligibility process. This is a six (6) month grant and there will be no continuation.
Your agency will need to fill out all the requested information in the OGMS eligibility application to include the budget and brief budget narrative outlining how your agency will utilize the awarded federal funds (additional information on the LOLE grant program and how to complete the OGMS eligibility application is provided with this award package).

Lonzo Lester February 9, 2023

The General Special Conditions and the Reporting Requirements and Projected Due Dates,

are now referred to as Conditions and Requirements and will be posted online at https://www.dcjs.virginia.gov/grants/grant-requirements within the next two weeks. Please review your Special Conditions carefully as they include specific requirements about how your grant funds must be managed. DCJS is mandated to comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/SAM/. Therefore, you must maintain a valid Data Universal Numbering System (DUNS) number (a unique nine-digit number used for identifying and keeping track of entities receiving federal funds) and be registered in SAM to receive an award. For SAM registration assistance, please email [email protected].

If you have not previously done so, you must register in our new On-line Grants

Management System (OGMS) at https://ogms.dcjs.virginia.gov/ in order to manage this grant online. The instructions on Registering for a New Account are posted here https://www.dcjs.virginia.gov/grants/ogms-training-resources along with other resources and training videos. All registrants will be approved within 3 – 5 business days.

We will be happy to assist you in any way we can to assure your project’s success. If you

have any questions regarding this award, please contact your Grant Monitor, Nicole Phelps, at (804) 263-3388 or via email at [email protected].

Sincerely,

Jackson Miller

Enclosures

Lonzo Lester February 9, 2023

The General Special Conditions and the Reporting Requirements and Projected Due Dates, are now referred to as Conditions and Requirements and will be posted online at https://www.dejs. virginia gov/grants/grant-requirements within the next two weeks. Please review your Special Conditions carefully as they include specific requirements about how your grant funds must be managed. DCJS is mandated to comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/SAM/. Therefore, you must maintain a valid Data Universal Numbering System (DUNS) number (a unique nine-digit number used for identifying and keeping track of entities receiving federal funds) and be registered in SAM to receive an award. For SAM registration assistance, please email [email protected].

If you have not previously done so, you must register in our new On-line Grants Management System (OGMS) at hitps://ogms.dcjs.virginia.gow/ in order to manage this grant online. The instructions on Registering for a New Account are posted here https://www. dejs, virginia gov’ grants/ogms-training-resources along with other resources and training videos. All registrants will be approved within 3 — 5 business days.

We will be happy to assist you in any way we can to assure your project’s success. If you have any questions regarding this award, please contact your Grant Monitor, Nicole Phelps, at (804) 263-3388 or via email at [email protected]

Sincerely,

(Aide

Jackson Miller

Enclosures

STATEMENT OF GRANT AWARD (SOGA)

Virginia Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219

Project Director Project Administrator Finance Officer Steven Dye Sheriff 79 Rogers Ave. Lebanon, Virginia 24266 276-889-8033 [email protected]

Lonzo Lester County Administrator 137 Highlands Drive, Suite A Lebanon, Virginia 24266 276-889-8000 [email protected]

Alicia McGlothlin Treasurer 137 Highlands Drive Lebanon, Virginia 24266 276-889-8028 [email protected]

*If not indicated above, please provide your locality’s Unique Entity Identifier (UEI #) in the space provided. This number replaces your DUNS number. As the duly authorized representative, the undersigned, having received the Statement of Grant Awards (SOGA) and Special Conditions attached thereto, hereby accepts this grant and agrees to the conditions and provisions of all other Federal and State laws and rules and regulations that apply to this award.

Signature: ______________________________ Title: ________________________ Authorized Official (Project Administrator)

Date: ______________________________ UEI #: _____________________

Local Law Enforcement Block (“LOLE”) Grant Program - FFY 22

Subgrantee: Russell
DCJS Grant Number: TBD UEI #: WMRHA68SMK19 Grant Start Date: 3/1/2023 Grant End Date: 9/30/2023 Federal Grant Number: 15PBJA-22-GG-00616-MUMU Federal Awardee: BJA Federal Catalog Number: 16.738 Project Description: To strengthen Crime Control Federal Start Date: 10/1/2021

Federal Funds: $2,623
State General Funds:
State Special Funds:
Local Match: _______

Total Budget: $2,623 Indirect Cost Rate: _____% *If applicable

STATEMENT OF GRANT AWARD (SOGA)

Virginia Department of Criminal Justice Services

1100 Bank Street, 12" Floor Richmond, Virginia 23219

Local Law Enforcement Block (“LOLE”) Grant Program - FFY 22

Subgrantee: Russell DCJS Grant Number: TBD Grant Start Date: 3/1/2023 Federal Grant Number:

UEI #: WMRHA68SMK19 Grant End Date: 9/30/2023 15PBIA-22-GG-00616-MUMU,

Federal Awardee: BIA Federal Catalog Number: 16.738

Project Description: To strengthen Crime Control

Federal Start Date: 10/1/2021

Federal Funds: $2,623

State General Funds:

State Special Funds:

Local Match:

Total Budget: $2,623 Indirect Cost Rate:__% —*Iapplicable

Project Director

Project Administrator

Finance Officer

Steven Dye Sheriff

79 Rogers Ave.

Lebanon, Virginia 24266 276-889-8033 [email protected]

Lonzo Lester County Administrator

137 Highlands Drive, Suite A Lebanon, Virginia 24266 276-889-8000 [email protected]

‘Alicia MeGlothlin Treasurer

137 Highlands Drive Lebanon, Virginia 24266 276-889-8028 [email protected]

*If not indicated above, please provide your locality’s Unique Entity Identifier (UEI #) in the

space provided. This number replaces your DUNS number. As the duly authorized representative, the undersigned, having received the Statement of Grant Awards (SOGA) and

Speci provi

Signature:

Title:

‘Authorized Oficial (Project Administrator)

Date:

UEI #:

1 Conditions attached thereto, hereby accepts this grant and agrees to the conditions and ions of all other Federal and State laws and rules and regulations that apply to this award.

i ANH

CERTIFICATE OF TITLE FOR A VEHICLE

’ KEEP IN SAFE PLACE ANY ALTERATION OR ERASURE VOIDS THIS TITLE ‘THe ocParmT OF WoTOR VENICLES, COMMONWEALTHOF VIRGIN HEREBY CERTIFI THAT AN APPLICATION FOR A CERTIFICATE OF TILE HAS BEEN MADE FOR THE VEMOLEDESCAIaHD: HEREON PURSUANT TO THE PROVISIONS OF THE VGTOR VEHICLE LAWS OF THES COMMONWEALTH, THAT THE APPLICANT NAMCD ON THE FACE HEREON HA BEEN DULY RECORDED AS THE LAWFUL ONNE OF SAD VEHICLE, AND THAT. FROM THe STATEMENTS OF THe OMNER AN THE RECOROS ON PLE WI THis DEPARTNENT, THe HEREON OESCRIDED VEHICLE SUIMECT TO THe SECUAITY IVTEREST RECORDS ON FILE WITH THiS DEPARTMENT, END AS DESCRIBED HEREON. PANY. THE MOTOR VEHICLE LANS OF TH COMMONWEALTH ALSO PROVIDE THAT ALL TITLE AND REGISTRATION INFOFWATION INTHE OFFICE OF THE CECARINENT OF MOTOR VEMICLES| PRIMLEGED AND ONLY SUBJECT TO, DBSEMINATION {0 AUTHORIZED: ‘AGENCIES, BUSINESS ONGANZATIONS OR AGENTS, GOVESAMENTAL ENTITIES AND NWIDUALS UNDER THE CONG) TIONS SPEGHED BY NOTOA VENHGLE: COE SECTIONS Hb 200 48 2 00 ‘no 462310 " rf

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Nam) and adéressles) of vehicle own ) z COUNTY OF RUSSELL BD OF SUPERVISORS 4 G 3 au PO BOX 1208 pm, LEBANON VA 2426641208 ‘ NO})LTENS iy r it : dy ni i W VY i i mH \ r N n c va Ney TD ‘ a j . / _ |
3 i { ss | Saar . TENG HCH TMNT Tan : ty i iC) {NEAL Inet ita boat re A |relidnaa herr cron bo wel asin nga he bean banta he oy rad fame SG age ayy ny ue ni® per npr. 5.3] oe pe ss i ig I Go Si. Zp. 2) OATE OF SNE sae pce —_ | Ba) OoCMETER READING — | cemty tothe best of my knowedg tal ne odomster reading isthe acu age of he venicleuress ae othe follning allem le chockad 2 ‘Ho’Tante) rq). the mbeago spo Is noxcons Rs mechanical mts. 2. The odorata eadng i roto atl mileage. JAAING-COOMETER ICREPANCY, B sre sets _— BF 7 ’ - BE[ IRD Trane Us aoe cata ona mae Wo Stor ase Nome! PH) oH ns r . a rs : 7 ee ageracn ens Les sein

MONTHLY BANK BALANCES

January 31, 2023

Regular Account

10,752,502,83

Employee Insurance 3,865,268,.27 Employee Claims Account 1,000.00 Non-Iudicial Reals Estate Sales 25,688.25 School Textbook 32,000.94 Sheriff Domestic Violence 1,183.36 Petty Cash Treasurer 895.20 Sheriff Seized Assets 57,640.33 Sheriff Restitution 722.85 Sheriff Forfeited Assets 2,857.46 Comm Attorney Forfeited Assets 32,159.00 Sheriff Federal Forfeited Assets 4,242.69 Comm Attorney Fed Justice Forfeited Assets 77,029.29 Commonwealth Attorney Abanoned Property 500.00 Sheriff Federal Justice Forfeited Assets 4,635.46 Sheriff Special Projuects 27,131.13, SSI Recipients 0.05 Social Service -Coy Hall Dedicated Account 5558.00 Bank of Honaker 42,348.93 New Peoples Bank 346,669.65 Certificates of Deposit General 49,575.00 ‘Treasurer’s Money Market 2,712,151.75, Certificate of Deposit Library Donations 24,788.80 Certificate Of Deposit Employee Insurance 2,005,510.40

Total Cash In Bank

20,071,959.63

Cash In Office 1,600.00 Petty Cash 400.00 TOTAL CASH 20,073,659.63

DATE. January 31, 2023, ACCOUNT DEBIT. CREDIT

Cash in Office 1,600.00

Cash in Bank 20,071,959.63

Petty Cash 100.00

General Fund 6,979,024.35, Non-Judicial Real Estate Sales 25,688.25 Sheriff In State Trip_ 34,082.27 Sheriff Dare Fund_ 100.00 Sheriff Seized Assets 57,540.33, Sheriff Restitution 722.85 Sheriff Forfeited Assets 2,857.46 Comm Attorney Forfeited Assets 32,159.00 Honaker Library Donations 24,783.87, Russell County Housing Fund 4424.36 Sheriff Federal Forfeited Assets 4,242.69 Sheriff Domestic Violence 7,183.35 Comm Attorney Abanoned Prop. 500.00 Comm Attorney Fed Justice 77,029.29 Sheriff Fed Justice Forfeited 4,635.46 Sheriff’s Special Projects 27,131.13 Social Services (626,560.31) _ ‘Swva Asap 19,660.86 Coal Road Improvement 981,550.79 CSA (735,818.07) School Fund 4,215,837.83 School Food 4,761,475.87. School Textbook 32,000.94 Regional Adult Education 252,364.23 Petty Cash Treasurer 895.20 COVID 19 2,068.07 Litter Fund Trash Pickup (28,212.81) ‘American Rescue Act 3,762,747.43 Current Credit (0.79) Current Debit 14.44 Title XX_ 41,321.05 SSI Recipients 0.05 Damage Stamp Fund 2,823.98 Valley Heights 92,959.54 Dante Sewer 53,706.00 Employee Health Insurance 3,865,268.27 Employee Insurance COD. 2,005,510.40 Employee Insurance Claims 7,000.00 Law Library 67,805.76 Special Welfare 43,443.63 Housing Fund #2 7,700.00 Russell Co Health & Fitness 132,865.92 Cannery (228,825.06) WIB 10,051.75 Total 20,073,659.63 20,073,659.63

January 12, 2023 ‘The Regular monthly meeting of the Industrial Development Authority of Russell County, Virginia was held on January 12, 2023 at 5:30 P.M. at the Ru County Conference Center.

MEMBERS

PRESENT: Richard Lockridge, Chairman Tony Dodi, Vice Chairman Carlton Elliott, Secretary Harry Ferguson, Member John Stamper, Member Donnie Christian, Member Jarred Glass, Member DeAnna Jackson, Member

ABSENT: None

STAFF: Emie McFaddin, Executive Director Jed Arnold, Attorney

The Chairman called the meeting to order at 5:30 P.M. Secretary called the roll and recorded the roll call.

APPROVAL OF MINUTES Upon motion made by DeAnna Jackson, second by Donnie Christian and duly approved by the Industrial Development Authority of Russell County, Virginia approving the minutes of the December 7, 2022 meeting.

The Vote was: Aye: C. Elliott, T. Dodi, H. Ferguson, J. Glass, D. Jackson, D. Christian Nay: None

Absent: J. Stamper

FINANCIAL REPORT Upon motion made by Donnie Christian, second by Tony Dodi and duly approved by the Industrial Development Authority of Russell County, Virginia approving the December 2022 financial reports and approve paying invoices presented with the following additions. Fresh Start Mowing and Landscaping $160.00 Russell County Board of Supervisors $5680.14

The Vote was: °, Elliott, T. Dodi, H. Ferguson, J. Glass, D. Jackson, D. Christian

Absent: J. Stamper

ATTORNEY’S REPORT No Report

EXECUTIVE DIRECTOR’S REPORT ‘The Executive Director reported a planning grant of $30,000.00 for the 911 building has been awarded.

The Executive Director, Chairman, and Vice Chairman will be attending the Legislative Reception, in Richmond, on January 31, 2023.

The Tobacco Commission has approved $189,000.00 funding for Project “Goat”. The funding is to be administered through VRA, which becomes very complicated. VCEDA has agreed to fund the project to alleviate the complexity of the project financing.

Upon motion made by Tony Dodi, second by Donnie Christian, and duly approved by the Industrial Development Authority of Russell County, Virginia authorizing the Executive Director to apply to VCEDA for a loan up to $250,000.00 to complete Project “Goat”,

The Vote was Aye: C. Elliott, T, Dodi, H. Ferguson, J. Glass, D, Jackson, D, Christian, J. Stamper

Nay: None

The lease agreement with CPRWMA is due to expire, and the board needs to renew the lease for the space in the Government Center.

Upon motion made by Harry Ferguson, second by Jarred Glass, and duly approved by the Industrial Development Authority of Russell County, Virginia renewing the lease agreement with CPRWMA on the Government Center office space at $200.00 per month for a five-year term.

The Vote was:

Aye: C. Elliott, T. Dodi, H. Ferguson, J. Glass, D. Jackson, D. Christian, J. Stamper Nay: None

The Executive Director report the IDA has received a signed contract from Abingdon Collision for the purchase of the Bush Building.

CLOSED SESSION Upon motion made by Donnie Christian, second by Jarred Glass and duly approved by the Industrial Development Authority of Russell County, Virginia to enter Closed Session as permitted by, VA Code #2.2-3711 (1) Personnel (5) Prospective Business (7) & (8) Legal.

The Vote was:

Aye: C. Elliott, T, Dodi, H. Ferguson, J. Glass, D. Jackson, D. Christian, J. Stamper

Nay: None

RECONVENE TO PUBLIC SESSION Upon motion made by Tony Dodi, second by DeAnna Jackson, and duly approved by The Industrial Development Authority of Russell County, Virginia, the Chairman called the meeting back into regular session and requested the “Certification Motion after reconvening in Public Session”.

The Vote was: Aye: C. Elliott, T. Dodi, H. Ferguson, J. Glass, D. Jackson, D. Christian, J. Stamper

Nay: None

CERTIFICATION AFTER RECONVENING IN PUBLIC SESSION The Industrial Development Authority of Russell County, Virginia hereby certifies that, in the closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be so discussed under the provision of the Virginia Freedom of Information Act cited in that motion.

The Roll Call Vote Was: Richard Lockridge Yes Carlton Elliott Yes Harry Ferguson Yes Tony Dodi Yes DeAnna Jackson Yes Donnie Christian Yes

Jarred Glass Yes John Stamper ‘Yes

MOTIONS FROM CLOSED SESSION Upon motion made by Donnie Christian, second by John Stamper, and duly approved by The Industrial Development Authority of Russell County, Virginia, authorizing Ernie McFaddin, Dicky Lockridge, Tony Dodi, and Carlton Elliott to be signatories on the IDA bank accounts, and require two signatures on each check.

The Vote was:

Aye: C. Elliott, T. Dodi, H. Ferguson, J. Glass, D. Jackson, D. Christian, J. Stamper

Nay: None

ADJOURNMENT Upon motion made by Donnie Christian, second by John Stamper, and duly approved by the Industrial Development Authority of Russell County, Virginia adjourning this meeting at 7:50 PM.

The Vote was:

Aye: C. Elliott, T. Dodi, H. Ferguson, J. Glass, D. Jackson, D. Christian, J. Stamper

Nay: None

MINUTES OF THE MONTHLY BOARD OF DIRECTORS’ MEETING

MINUTES OF THE MONTHLY MEETING OF DIRECTORS of The Russell County Public Service Authority held at 137 Highland Drive Lebanon, VA 24266 on this 23" day of February 2023 at 6:00 PM.

The following members were present, constituting a quorum (4): Cuba Porter, Chairman; David Edmonds, Jr., Vice-Chairman; Stephen Perkins, Treasurer; Clifford Hess; Joe Huff; Thomas Tignor (Via Telephone); Harry Ferguson; and Rhonda Lester, Secretary.
Also present: Tracy Puckett, Director; Katie Patton, Legal Counsel; and Bud Phillips, Legal Counsel
All the above directors of The Russell County Public Service Authority being present, formal notice calling the meeting was dispensed with, and the meeting declared to be regularly called.

4, Cuba Porter acted as Chairperson of the meeting and Rhonda Lester as Secretary of the meeting.

Cuba Porter opened the meeting with the Pledge of Allegiance followed by a prayer led by Stephen Perkins
Motion to amend the agenda to add “Discuss Proposed Small Purchase Policy Revision” to Old Business made by Clifford Hess seconded by David Edmonds, Jr., and unanimously adopted.
Minutes of the meeting dated January 17, 2022 were reviewed and motion to approve as read made by Joe Huff seconded by David Edmonds, Jr. and unanimously adopted.
Public Comments - None
Rhonda Lester presented to the meeting:

Account Balances Reports

Motion to adopt financial reports as presented made by Clifford Hess, seconded by Harry Ferguson, and unanimously adopted.

Rhonda Lester presented to the meeting Water Loss Reports.
Tracy Puckett presented to the meeting Director’s Report updates from January 17, 2023 to date, (attached)
Motion to amend the agenda to move “Executive Session” before Old Business made by David Edmonds, Jr., seconded by Joe Huff and unanimously adopted.
Motion to go into executive session pursuant to VA code 2.2-3711 (A) (7) and (8) consultation with legal counsel pertaining to:

Civil Action No, CL 22-653 Crossroads Engineering. LLC v. The Russell County Public Service Authority
Potential Litigation regarding a former board member and a former director

made by Harry Ferguson, seconded by Clifford Hess, and unanimously adopted.

14, Motion made by Clifford Hess, seconded by Joe Huff and duly approved by the Board of Directors to return to regular session.

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Directors upon the Roll Call certifies that to the best of their knowledge (1) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Directors.

Any member of the Board of Directors who believes that there was a departure from the requirements of clauses (1) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

A roll call vote was taken. Cuba Porter: Yes David Edmonds, Clifford Hess: Yes

Joe Huff: Yes

Stephen Perkins: Yes Thomas Tignor: Absent Harry Ferguson: Yes

Yes

Yes: 6 No: 0 Absent: |

By a majority vote, motion to return to regular session was approved.

Old Business to Discuss:

a) Discussed Proposed Small Purchase Policy Revision; Katie Patton, legal counsel, will review, make necessary changes, and present to the Board for review/approval next Board meeting.

New Business to Disct

a) Discussed Water Loss Solutions

b) The Board scored Professional Engineering Service Proposals for Castlewood Sewer Project Phase II (Mew Road) and Copper Creek Waterline Extension Project; two proposals were submitted: Thompson & Litton and The Lane Group;

Firm Score | Rank The Lane Group 118 1 Thompson & Litton 107 2

Motion to authorize Tracy Puckett to enter into contract negotiations with The Lane Group. for Castlewood Sewer Project Phase II (Mew Road) and Copper Creek Waterline Extension Project made by Harry Ferguson seconded by David Edmonds, Jr., and unanimously adopted.

Matters presented by the Board: a) Harry Ferguson informed the Board that he had received some complaints that the office windows were closed for lunch and suggested that the office staff lunch periods be

staggered to have the windows continuously open throughout the day; Tracy Puckett advised that the issue would be addressed and corrected.

There being no further business to come before the meeting, a motion to adjourn at 8:37 PM was made by Joe Huff seconded by Stephen Perkins and adopted.

The next meeting is scheduled for March 21, 2023 at 6:00 PM.

Dated in the Commonwealth of Virginia on Kh la A Len

the 23" day of February 2023. —t (Signature)

Secretary Name: Rhonda Lester

Shiloh Lyttle, DMO. Tourism Coordinator Office Phone: (276)344-8504 Cell Phone: (276)880-5728

Email: [email protected]

Russell County Tourism BOS Report February 2023 Upcoming Events

February 25*: Mardi Gras at the Lyric

April 14% — 16%: Redbud Festival

May 13¢: Townwide Yardsale

May 20*: Russell County Kid’s Fishing Day

June 2" ~ 3%: Clinch River Days

June 3": Sam Whited Music Convention

June 9*-10%: Cedar Fest

July 4%; Lebanon Independence Day

July 7° — 8%: PBR Rodeo

July 28% — 29%: Big Rig Showdown

August 12": Beach Party

September 4 — 9"; Russell County Fair & Horse Show September 30": VetFest

October 21": Library (LVA) on the Road

October 31°: Haunting on Main

December 9: Christmas Bike Night

Daytime Tri-Cities

COUNTY VIRGINIA)

On February 15", 2023, the Daytime Tri-Cities crew came out and featured Pat’s Kountry Diner on their current segment of Breakfast with Daytime. I spoke with Amy Lynn on ensuring to let me know the other segments they will be having to feature and include locations and businesses in Russell County. Heart of Appalachia has been in touch with WCYB to get a segment started once a month featuring different locations throughout the

region as well.

Shiloh Lyttle, DMO Tourism Coordinator Office Phone: (276)344-8504

Cell Phone: (276)880-5728 COUNTY Email: [email protected] VARIG UNIAN

Clinch River State Park Master Plan

PDF provided to review

Hometowns of Clinch.

Application and ensuring the towns are able to hold that status. There was a meeting for Hometowns of Clinch that was held on February 15%, All the towns in Russell County were represented. The mayors and town representatives were present and briefed on the application, they will be reprinting and designing the Hometowns of the Clinch brochures.

VTC Orientation

The orientation program will be on March 7" — 9%, registration is now open for DMOs, tourism-related businesses, tourism marketers, and representatives from Virginia attractions, restaurants, events, and retail and lodging establishments. Registration on VATC.org

Russell County Tourism Scholarship

During the February meeting with the Tourism Advisory Committee (TAC), it was decided that there need to be some edits made to the new scholarship application. This would include adding an additional essay in the form of a blog post, which would then be added to the Experience Blog page through our webpage.

Social Media & Webpage Facebook Data January 16" - February

People Reached ~ 7,715 Post Engagements ~ 3,360 Page Followers — 35 Webpage

Page Visits Increased — averaging 132 visitors.

Shiloh Lyttle, DMO. Tourism Coordinator Office Phone: (276)344-8504 Cell Phone: (276)880-5728

Email: [email protected]

COUNTY VIRGINIAY

Virginia — 113

Reaching Other States including (CA, WA, TX, GA, PA) New vs. Returning Visitors

95% - New

5% - Returning

ARPA Update

After a discussion with VTC and Tourism Advisory Committee, there was a decision made to utilize the funds to create an adventure guide for Russell County. The guides will be featuring outdoor recreation, family adventures, itineraries, and more highlighting our tourism assets. The adventure guides will be in a magazine format with attractive graphics.

Including the adventure guide, we have also decided to schedule with a local photographer to get some high-quality and definition photographs taken throughout the county to be included in our adventure guide and used in social & print media campaigns as well. I met with Preston Ball and received a quote from him, I have also met with Cory Parker from MountainCap Media, he specializes in drone footage, I am still waiting for a quote from him. I will also be reaching out to Billing Bowlings, to get a quote as well.

During this process, I have also researched pricing on magazine advertisements including Blue Ridge Outdoors, Visit Virginia, etc. to also add to our ARPA plan as well.

Updates were made to the application and resubmitted, we are currently waiting on the confirmation of the funding.

VA250.

To form a Local VA250 Committee and join in the planning for this large-scale commemoration, we ask that the local governing body designate a liaison to work with the Commission, who will serve as the local contact with the state commission, participate in planning events, and communicate regularly on events occurring within the locality. While the Commission is planning statewide programs and events, including traveling exhibitions, strong involvement at the local level is crucial. The Commission is

Shiloh Lyttle, DMO Tourism Coordinator Office Phone: (276)344-8504 Cell Phone: (276)880-5728

Email: [email protected]

COUNTY VAIRIGUNIAY

working with hundreds of partners across the state to encourage and support local participation. Local history, after all, is the foundation on which all else is built,

For those localities that form official Local VA250 Committees, as evidenced by the passing of a resolution of support, the designation of a local contact, and the formation of a Local VA250 Committee, the state commission will provide grant funding opportunities for commemorative events and make available programs to include traveling exhibitions and teacher resources.

Virginia Welcome Center Blitz/Brochur

We will have a one-month blitz this summer in July at the Bristol Virginia Welcome Center, highlighting the outdoor recreation and festivals we will have.

Russell County Tourism Advisory Com Committee Meeting Minutes January 17, 2023; Pat’s Diner 5:30 pm

lee (T.A.C.)

TAC Coordinator, Shiloh Lyttle

Committee Members Jennifer Chumbley, Chair (District 3)-Absent Alice Meade, Vice Chair (At large)

Dustin Blackson, Treasurer (District 2) Janice Halsey, Secretary (District 5)

Carley Bruck (District 1)

Douglas Hubbard (District 6)

Lisa Hubbard (District 4)

Ex-Officio: Jim Lyttle, Maddie Gordon (HOA), Angie Carpenter -Absent

Attendance from the Publ

: JoBeth Wampler -HOA

Call Meeting to Order: Alice Meade called the meeting to order at Pat’s Diner at 5:30 pm on January 17, 2023.

Approval of Minutes: A motion was made by Janice Halsey to approve the November 2022 meeting minutes. The

motion was properly seconded by Douglas Hubbard and the motion was carried.

Additions to the Agenda/Open Comments:

Treasurer’s Report Shiloh Lyttle shared that she had renewed her subscription with VA Fishing First for $500. The brochure

slot at VA Welcome Center has been renewed for $150 at this time, only at Bristol. This is due to waiting for the new Brochures and the budget is limited at this time upon awaiting the new budget for the fiscal year. Will have more coming this month, about $300. The balance now is $2600. Shiloh is planning to order cardholders from Doug and get new stickers in time for the events season.

Visitor Introduction

JoBeth Wampler with HOA -Digital Specialist

‘She runs the Websites and social media for Heart of Appalachia and helps businesses that have any questions or need help running their websites. She goes to businesses and organizations and speaks with them to advise on to how to make running a website easier. Ms. Wampler explained that she can work one-on-one the business or in a workshop setting, depending on the business or organization and their preference.

Jim asked if JoBeth and Shiloh could set up a time to do a meeting open to the public for training. They will consider it - possibly make it into a regional rather than a county meeting. Also, a possibility to create a video for the public on social media how-tos. JoBeth shared different sites such as Washington County Small Business makes tutorials available.

Old Busines

ARPA Funding: Shiloh is using ARPA to pay for as in Blue Ridge Outdoors. Submitted an application but was declined due to formatting issues. Shiloh is working on that (needs more specific dates).

Upcoming Events:

Cedar Fest. The town is working to get the Theater open by this time, but it may not be possible. Looking at murals put at the theater. Shiloh is looking at funding. Shiloh has been in contact with Tim White about doing murals Honaker, Town of Lebanon @Russell Theater, and Dante. He will give us quotes.

Red Bud Festival- April 15 - 40" Anniversary

Big Rig Showdown-last weekend of July

Webpage & Social Media Update: Facebook reached 124% in the past month; engagements are up 117%. New likes per month average 70. 116 average visitors monthly to the webpage. We have had visitors from as far as GA on our page. 95% are new and 5% are returning to the website.

New Business:

Subcommittee Interest Meeting: Thursday, January 26, 6:00 pm, @ Lebanon Recreation Center.

HOA Update: Meeting February 9 @ 6:00 pm.

Clinch River State Park Comment Meeting - February 15, 6:00 @ Russell County Conference Center.

VA250 Grant — Shiloh shared about the VA250 grant opportunity for 2026, the 250" anniversary of the United States. A committee must be made to apply for this grant. Shiloh is the liaison. The governor will attend any of these events. Grant funding — commemorative events would need signage. Grants will be open twice a year until 2030. October 2023 is the next opening.

Comments: When discussing murals, the topic of music and the area’s history with music came up. It was brought up about different areas on the “Crooked Road” where music of the area could be played and be digitally interactive. Jim Lyttle voiced concerns about older visitors (as they are our largest

demographic of tourists) having problems interacting with these programs. Ms. Wampler explained that it was Senator Hackworth’s idea, and that it would also draw more young people to the area.

Dates to Remember: Next meeting at Curklin’s, February 21 @ 5:30pm

Adjourn

Carley Bruck made a motion to adjourn the meeting. The motion was properly seconded by Douglas Hubbard and the motion was carried.

dennifer Chumbley Chair Signature

Prepared By: Janice Halsey - Secretary

Russell County Planning Commission

January 16, 2023

The Russell County Planning Commission met on Monday, January 16, 2023 in the lobby of the Board of Supervisors’ Meeting Room at the Russell County Government Center, 133 Highland Drive, Lebanon VA.

Members Present Members Absent Others Present Mark Mitchell Jack Compton. Oris Christian Keith Ray

Philip Addington Charlie Edmonds John Mason

Ernie McFaddin

Chairman Mark Mitchell called the meeting to order at 6:30 p.m.

Invocation and Pledge of Allegiance given.

Chairman Mark Mitchell relinquished the chair to Vice Chairman John Mason for officer elections

Vice Chairman John Mason requested nominations for Chairman. Mark Mitchell was nominated by Charlie Edmonds. No additional nominations were heard, the nomination for Mark Mitchell was seconded by Philip Addington, motion passed unanimously.

The Chair was passed back to Chairman Mark Mitchell who requested nominations for Vice Chairman. John Mason was nominated by Charlie Edmonds. Motion was made by Philip Addington to close nominations, seconded by Oris Christian, motion passed unanimously. The nomination for John Mason was seconded by Oris Christian, motion passed unanimously.

Chairman Mark Mitchell requested nominations for Secretary. Ernie McFaddin was nominated by Philip Addington. Charlie Edmonds made a motion to close nominations, seconded by John Mason, motion passed unanimously. The nomination for Ernie McFaddin was seconded by John Mason, motion passed unanimously.

Agenda approved. Motion by, Oris Christian seconded by Philip Addington, motion passed unanimously.

December 19, 2022 Meeting minutes approved. Motion by, Charlie Edmonds seconded by, John Mason, motion passed unanimously.

New Business

Secretary Ernie McFaddin informed the board of the county solar ordinance progress. The board discussed the possibility of Nuclear sites in Russell County. Secretary Ernie McFaddin informed the board that the conflict of interest forms were due February 1, 2023. The consensus of the board was to approve a request by Fred Salyers to split his property and convey .33 acres to the adjoining landowner.

Review of Plats

Plats for the months of December and January were reviewed. Transactions dated December 20, 2022 through January 16, 2023.

Other Business

Secretary Ernie McFaddin updated the board on IDA projects. The availability of the Alcoa property was discussed. The future of hemp and THC products was discussed by the board. The board inquired about the recently announced grant for a distillery in St Paul.

Meeting adjourned. Motion by Charlie Edmonds, seconded by Philip Addington, the motion passed unanimously.

Mafk Mitchell, Chih

Attest: /

Ernie McFaddin, Secretary

RUSSELL COUNTY PLANNING COMMISSION DECEMBER 20, 2022- JANUARY 16, 2023

Carl Cecil Snead 1.634 AC, 2.46 AC, 2.48 AC, and 2.48 AC Family Division Mountain Spur Drive
Stephanie Coffin 19.178 AC Boundary Survey Upper Copper Creek RD
Billy Sherman McGlothlin & Margaret McGlothlin 4.261 Ac to be added to Gary Musick New acreage 4.261 AC + 4.69 Ac = 8.951 AC Remaining acreage 26.149 AC Adjoining Land Owner Thackers Branch RD

RUSSELL COUNTY CONFERENCE CENTER

February 1, 2023

‘The following is a list of the Russell County Conference Center events for the month of February.

Date Event Event Type Space 02/04/23 Rage Softball Fundraiser Individual Full Rosy Music Event $125

206/23 Russell County Board of Supervisors Board Meeting Community Full

Lonzo Lester Event so

02/07/23 ‘Southwest Virginia Regional Jail Board Meeting Individual Full Jeannie Patrick Event $265

o2n023 The Learning Center Cake Auction Community Full Misty Boone Event $135

o2nties Birthday Party Individual Full Alexis Stiltner Event $125

02/15/23 Clinch River State Park Master Plan Meeting Individual Full Scott Bowen Event $135

Date Event Event Type Space 02/16/23 Workforce Development Board Meeting Individual Half Pam Ratliff Event $160 0225/23 Rosedale Baptist Church Wildife Dinner Community Full Veronica Broadwater Event $135 02/28/23 Russell County Cattle Association Meeting Community Full Bruce Warner Event $135

$135.00

Final Total = $ 1,215.00

THE RUSSELL COUNTY TRANSPORTATION AND SAFETY COMMISSION MET AT BONANZA RESTAURANT IN LEBANON VIRGINIA ON FEBRUARY 14TH 2023, NOTICE MEETING TIME HAS BEEN CHANGED BACK TO 600 PM

MEMBERS & GUEST PRESENT. GARY DOTSON EUGENE FERGUSON BARBARACOX — HENRY STINSON LINDA CROSS CARL RHEA MIKE OQUINN JOHNNY SEXTON HENRY KINCER

GUARD RAILS CONTRACTOR BEHIND IN BRISTOL AREA

1-GUARD RAILS REPLACED AS DAMAGED

2-RT 80 DON STEVENS DR. GUARD RAIL DAMAGED BARTONS GARAGE SUBV.

3-RT. 19 S AT THE WEIGH STATIOIN GUARD RAIL DAMAGED

4-RT 58 WEST DAMAGED GUARD RAIL AT MILE MARKER 61 CROSSOVER

5-COPPER RIDGE NEEDS A GUARD RAIL PLACED IN A CURVE NEAR JAMES HALL HOUSE 6-RT. 58 W AT QUARRY ROAD GUARD RAIL EXTENSIVE DAMAGE

7-RT. 19 N WAL-MART ENTERANCE GUARD RAIL DAMAGED

8-RT 82 CLEVELAND ROAD % MILE PAST SPRING CITY GUARD RAIL END CAP MISSING 9-RT 19/80 INTERSECTION GUARD RAIL DAMAGED.

10-RT 58 WEST AT HAWKINS MILL GUARD RAIL

11-RT 58 WEST GUARD RAIL DAMAGED NEAR MILE MARKER 67.4 IN A STEEPE CURVE 12- RT- 58 EAST GUARD RAIL DAMAGED NEAR MILE MARKER 67.4

13-RT 58 EAST SEVERAL SECTION OF GUARD RAIL DAMAGED NEAR MILE MARKER 62.4 14-RT 19 N HUFFMAN HILL MEDIAN END CAP MISSING

15-RT 19 N /RT 643 AT BELFAST ELEMENTARY 150 FEET OF GUARD RAIL TAKEN OUT 16- RT 19 S CROSSOVER AN END CAP MISSING CAUSED BY AN ACCIDENT

ALL GUARD RAILS HAVE BEEN REVIEWED AND TURNED IN

SHOULDER REPAIR AND POT HOLE

1-RT 615 GRAVEL LICK BETWEEN GOLF ENTRANCE AND THE OLD TRASH DUMP ROAD SINKING WILL PATCH WHEN ASPHALT IS AVAILABLE

2-RT-58 WEST ACROSS FROM PIZZA HUT THE DITCH NEEDS TO BE PULLED AND THE PIPE CLEARED FOR A FASTER FLOW. THE WATER IS COMING UP IN THE ROADWAY DURING HEAVY, RAIN THUS CAUSING A HAZARD CONDITION ESPECIALLY DURING FREEZING WEATHER. PIPE TO BE CLEANED /VDOT

3 RT 604-MOLLS CR. TREES HANGING OVER THE ROADWAY IN VARIOUS PLACES HINDERING TRACTOR TRAILER PASSAGE. SCHEDULED TO BE TRIMMED

4-RT 67 ABOVE THE BLOCK CHURCH IN THE NEXT CURVE ON THE SOUTH BOUND SIDE SHOULDER BREAKING OFF

5-RT 657/660 APPROXIMATELY 1000 FT FROM INTERSECTION ROAD BROKEN OFF NEAR ROLLING MEADOWS ROAD. WILL SCHEDULE FOR REPAIRS

6-RT 682 DEAD AND LIVE TREES HANGING OVER THE ROAD FIRST MILE FROM RT 609 AND BRUSH FROM FALLEN TREES LAYING ALONG THE ROADWAY NEAR THE TOP NEEDS TO BE REMOVED. REMOVAL PENDING NEW CONTRACTOR

7-RT-623 BOSTIC HOLLOW OFF MILLER CREEK ROAD BREAKING OFF AT A DRAIN PIPE INA CURVE

8RT 613 MOCCASIN VALLEY NEAR HOUSE 3951 ROAD BREAKING OFF, DEFLECTOR AND DELINATORS HAVE BEEN INSTALLED. WILL RIP RAP DITCH

9-RT 19 NORTH ON HUFFMAN HILL NEAR VICTORY BAPTIST CHURCH PASSING LANE SINKING LORT 824 TUMBEZ HOLLOW ASK TO FINISH PAVING A SECTION THAT WAS MISSED ORGINALLY. PLAN TO REBUILD IN 2024

11- RT678 UPPER COPPER CREEK HOUSE #111 LARGE TRUCKS AND EQUIPMENT BEING PARKED IN THE DITCH PREVENTING DRAINAGE TO FLOW TO THE DITCHLINE PIPE AND CAUSING WATER AND MUD TO BUILD UP AND FLOW OUT ONTO THE ROAD. THE DRIVEWAY ENTERANCE DOES NOT HAVE A PIPE THUS BLOCKING THE DITCHLINE

12-RT 613 /612 BRUSH BLOCKING VISION AT THE LITTLE DUCK INTERSECTION

13-ALL PAVED ROADS THAT ARE WIDE ENOUGH NEEDS LINE PAINTED FOR BETTER VISIBILITY 14-RT 19 NORTH NEAR SOULS HARBOR CHURCH ROAD SINKING, WILL MILL AND RESURFACE 15-RT 19 ROSEDALE NEAR GASFIELD DEAD TREE IN MEDIAN BLOCKING VIEW

16-RT 614 AT THE BLUFF NEEDS LINES PAINTED AND DEFLECTORS ROAD OFTEN FOGGY OR ICY 17-RT- 82 NEEDS DEER CROSSING SIGN FIRST HOUSE ON THE RIGHT PAST GLADE HOLLOW 18-RT- 19 N CURVE NEAR FIELDS TRAILOR PARK WAS PREVIOUSLY APPROVED TO BE TAKEN OUT. WHAT IS THE STATUS

19-RT 67 S % MILE FROM GARDENER SHOULDER BROKEN OFF

20-RT 58 W NEAR MILE MARKER 62.7 BUZZARDS ROOST THE STEEP CURVE NEEDS ATTENTION CHEVRONS ARE IN PLACE. POSSIBLE IMPROVEMENTS WOULD BE FLASHING CHEVRONS AND. TO MOVE THE WEST LANE CLOSER TO THE EAST BOUND LANES AND CHANGE THE ROAD TILT, MOVING THE WEST LANES OVER WOULD CREATE A LESS STEEP CURVE. OVER THE PAST SEVERAL YEARS WRECKS HAVE HAPPENED AT THIS SITE

21-RT 661 ARTRIP ROAD//NEW GARDEN ROAD SHOULDER BREAKING OFF % MILE ON ARTRIP ROAD SECOND HOUSE ON THE RIGHT

22-RT-640 NEEDS TWO CURVES SCALED BACK FIRST ONE APPROXIMATELY 1 % MILE FROM RT. 82 NEAR A WEEPING WILLOW ACROSS FROM TOMMY BREEDING HOUSE

23-SMOOTHS BRANCH ROAD A LARGE SECTION OF PAVEMENT BROKEN JUST BEFORE BURTON HOLLOW

24- RT 58 E NEAR MILE MARKER 67.2 LONG STRIP OF POT HOLES IN CENTER OF ROAD

25-RT 82 CLEVELAND ROAD NEEDS REFELECTOR ON GUARD RAILS

26-RT 676 CLINCH MTN. ROAD % MILE OFF RT 19 ROAD SINKING DOWN

27POWER PLANT ROAD /EAGLES NEST ROAD FELL IN BLOCKING DRAIN PIPE 28- RT 71 SOUTH A LARGE POT HOLE IN THE SOUTH LANE NEAR HOUSE #7406

SCHOOL BUS SAFETY AND OTHER CONCERNS

1-RT 58 WEST NEAR MILE MARKER 59.8 AT THE TURN OFF SIGN DOWN FOR TRUCKERS TO CHECK BRAKES

2-RT 67 N APPROXIMATELY % MILE FROM 617 LYNN SPRINGS ROAD VINE HANGING IN THE ROAD

3-RT 67 RAILROAD CROSSING RUTTING OUT

TEMS REPORTED CORRECTED

FUTURE SUGGESTED MAJOR SAFETY PROJECTS

1-RT 627 DANTE SAWMILL HOLLOW ROAD NARROWS TO ONE LANE JUST ACROSS THE RR TRACKS NEED TO BE WIDENED. COUNTY WORKING WITH VDOT A RIGHT OF WAY PROBLEM. POSSIBLE SMART SCALE PROJECT BD. SUPRV. TO REQUEST

2-Rt. 80 FROM THE DOUBLES TO RT.19 NEEDS A PASSING LANE INSTALLED. SMART SCALE PROJECT. NEEDS TO BE INITIATED BY THE COUNTY

3-ARTRIP RD. % MILE FROM CLEVELAND BRIDGE BANK NEEDS TO BE TAKEN OFF TO WIDEN ROADWAY. WILL REVIEW WITH RESIDENCY TWO DIFFERENT PROPERTY OWNERS

4-RT 667 CENTURY FARM RD. FIRST INTERSECTION NEEDS TO BE WIDENED HAVE HAD SEVERAL WRECKS

5-RT 651 HUBBARD TOWN ROAD INTERSECTION ONTO NEW GARDEN ROAD NEEDS TO BE WIDENED A BLIND SPOT IN THE CURVE

UNDERLINED AND BOLD COMMENTS FROM HENRY KINCER

COMMISIOM MEMBER INFROMATION

BARBARA COX 971 1502 JOHNNY JESSEE 701 6780 LINDA CROSS, 794 7618 TIM LOVELACE 971 0367 GARY DOTSON 7 62 9803 TONY MAXFIELD 254 2492 EUGENE FERGUSON 210 8504 MIKE O’QUINN 701. 7086 CARL RHEA 254 3810 HENRY STINSON 873 4905 HENRY KINCER 889 7601 BILL WATSON, 794 1021

NEXT MEETING WILL BE MARCH 14TH 2023 WE THANK ALL WHO ARE INVOLVED IN KEEPING OUR ROADWAYS SAFE AND OUR GUEST PARTICAPTION

‘na | Gma il Loretta Vance [email protected]

December Monthly Report

1 message

Ashley Puckett [email protected] To: Loretta Vance [email protected]

Russell County Animal Shelter

Monthly Report December 2022 Stray Owner Seized Owner Total surrender Arrested/Other Transfer 9 42 0 2 53 Adopted 2 1 0 0 3 Owner 3 0 0 0 3 3 4 0 0 7 0 0 0 0 0 Custody Total 17 47 0 2 66

Intake Total: 16 stray 21 os 37

CUMBERLAND PLATEAU RWMA: Mr. Toby F. Edwards, Executive Director BUCHANAN COUNTY:

Mr. Jeff Cooper Mr. Tim Hess

CUMBERLAND PLATEAU.

DICKENSON COUNTY:

Mr. Damon Rasnick ‘Mr Ronald Peters

RUSSELL COUNTY:

Mr. Carl Rhea Mr. Tim Lovelace

Agenda |. February 16, 2023 CPRWMA Board of Directors Roll Call for Quorum.

Il. a) Approval of Minut

of the January 18, 2023 meetin,

Motion: Seconded: Ill, Administrative Business a) Review CPRWMA Waste Stream Report January 2023…

b) Approval of the Treasurer’s Report for the month of January 2023…

‘Motion:, Seconded,

¢) CPRWMA Attorney’s Report for January 2023…

4d) Litter and Recycling Repor

IV, Old Business

VA CORP 2023 Insurance Renewal

VI. Correspondence/Public Comment ‘= Finaneial Audit Ending June 30, 2022… ‘© Letter to Mr. Justin Rodda on extension. uy

_Jef’and Damon’s Reappointments to Authority Board… ‘* 2022 Tonnage Reports to VA DEQ per State Code. rah 1

VI. Adjournment and Next Meeting. Chair or Vice Chair conducting the meeting: Motion: ‘Seconded:

Minutes submitted by: Tim Hess and Saundra Honaker

137 Highland Drive / P.O. Box 386 Lebanon, VA 24266 Phone 276-633-5403 Email [email protected] www.cprwma.com

CUMBERLAND PLATEAU RWMA: Mr. Toby F. Edwards, Executive Director BUCHANAN COUNTY:

Me. Jeff Cooper Mr. Tim Hoss

DICKENSON COUNTY:

CUNT TAA > PLATEAU.

Mr, Damon Rasnick ‘Mr Ronald Peters:

RUSSELL COUNTY:

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes January 18, 2022

Members Present: Others Present:

Carl Rhea, Chairman ‘Toby Edwards, Director

Ron Peters, Vice Chairman RJ. Thornbury, Legal Counsel

‘Tim Hess, Secretary/Treasurer Saundra Honaker, Finance Officer

Tim Lovelace Justin Rodda, Waste Management

Jeff Cooper Brandon Monroe, CEI Hauler Danny Davis, BC Transfer

Damon Rasnick (by Phone) Chad Short, RC Transfer

Brian Ferguson, RC Transfer Michael Shields, DC Transfer

CALL TO ORDER: Chairman, Carl Rhea, called the January 18, 2023, meeting of the Board of Directors to order at 5:35 PM in Lebanon, VA. The Pledge of Allegiance and prayer were given.

ELECTRONIC PARTICIPATION: Pursuant to Code of Virginia Section 2.2-33708.2 upon notice provided, member Damon Rasnick stated he is participating electronically from Nora, Virginia, due to a temporary medical issue. Motion made by Ron Peters and seconded by ‘Tim Lovelace to approve his electronic participation for medical reasons. Motion was ratified, voting as follows:

Carl Rhea - Aye Damon Rasnick ~ Abstain ‘Tim Hess- Aye |. Tim Lovelace ~ Aye Ron Peters - Aye Jeff Cooper—Aye

QUORUM: A quorum was established by the members that were physically present.

AMENDMENT TO AGENDA: A motion was made by Ron Peters and seconded by Tim Hess to remove the VA CORP Insurance Policy 2023 from the Agenda, as it more information will be forthcoming in the next months. Motion was ratified, voting as follows:

Carl Rhea Aye Damon Rasnick - Aye ‘Tim Hegs- Aye Tim Lovelace - Aye Ron Peters ~ Aye Jeff Cooper ~ Aye

137 Highland Drive / P.O. Box 386 Lebanon, VA 24266 Phone 276-833-5403 Email [email protected] 1 Www.cprwma.com ql

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes January 18, 2023 Page 2 ‘APPROVAL OF MINUTES: The minutes of the December 15, 2022, monthly meeting of the Board of Directors was presented for consideration. A motion was made by Ron Peters and seconded by Tim Lovelace to approve the minutes as presentecl, Motion was ratified, voting as follows:

Carl Rhea ~ Aye Damon Rasnick ~ Aye

‘Tim Hess- Aye Tim Lovelace ~ Aye

Ron Peters ~ Aye Jeff Cooper = Aye

ADMINISTRATIVE BUSINESS WASTE STREAM REPORTS ~ December 2022: Toby Edwards reviewed the waste stream

reports. Buchanan, Dickenson, and Russell were all down,

‘TREASURER’S REPORT - December 2022: Tim Hess presented the CPRWMA ‘Treasurer’s Report, reporting the total cash balance was $179,666.45 at the end of

December. A motion to approve the report as presented was made by Ron Peters and seconded by Tim Lovelace. Motion was ratified, voting as follows:

Carl Rhea - Aye Damon Rasnick ~ Aye Tim Hess~ Aye ‘Tim Lovelace ~ Aye Ron Peters ~ Aye Jeff Cooper ~ Aye

‘Toby informed the board that the tentative budget proposal will be presented at the next board meeting.

CPRWMA ATTORNEY’S REPORT - December 2022 Attorney, Rebecca Thombury, reported that work is being done on the renewal of the VACORP Insurance policy.

LITTER AND RECYCLING REPORT: ‘The Spring HHW dates will be available at the next board meeting.

OLD BUSINESS NEW BUSINESS

CORRESPONDENCE/PUBLIC COMMENT +

LETTERS TO COUNTY ADMINI o1 INTMENTS TO BOD: Letters have been mailed to all three counties.

FINANCIAL AUDIT ENDING JUNE 30, 2022: Auditor anticipates having the audit ready by

the next board meeting. LETTER OF APPOINTMENT OF JEFF COOPER: ‘The Buchanan County Board of

Supervisors appointed Jeff Cooper to serve on the CPRWMA Board for another four years.

Congratulations were made to Jeff Cooper on his reappointment.

TIRE COST SAVINGS FROM SHREDDER AND CUTTERS 2022: Toby reported there is a total savings to the three counties of $30,448 for the year, due to the tire shredder.

Cumberland Plateau Regional Waste Management Authority Monthly Board Meeting Minutes January 18, 2023 Page 3

‘A motion was made by Jeff Cooper and seconded by Ron Peters to not renew the current transportation and disposal contract but to bid the contracts with three (3) options: I}disposal only 2) transportation only and 3) disposal and transportation. Motion was ratified, voting as follows:

Carl Rhea ~ Aye Damon Rasnick ~ Aye ‘Tim Hess- Aye Tim Lovelace ~ Aye Ron Peters - Aye Jeff Cooper — Aye

‘A motion was made by Ron Peters and seconded by Tim Hess directing Toby Edwards to notify Waste Management by letter, after review by legal counsel, that the Board will not be renewing of extending the current disposal and transportation contract. Motion was ratified, voting as follows:

Carl Rhea ~ Aye Damon Rasnick ~ Aye ‘Tim Hess- Aye Tim Lovelace ~ Aye Ron Peters ~ Aye Jeff Cooper = Aye

ADJOURNMENT AND NEXT MEETING

‘A motion was made by Tim Hess and seconded by Ron Peters to have the next meeting on ‘Thursday, February 16, 2023, at 5:30 PM at Pat’s Diner in Lebanon, VA and to adjourn meeting at 6:25 PM, Motion was ratified, voting as follows:

Carl Rhea ~ Aye Damon Rasnick ~ Aye ‘Tim Hess- Aye Tim Lovelace - Aye Ron Peters ~ Aye Jeff Cooper - Aye

Secretary/Treasurer Date

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Waste Stream Analysis, 1 Period: January 1, 2023 to December 30th, 2023

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Cumberland Plateau Regional Waste Management Authority

Cash Flow Statement

January 2023

Cash Balance - December 31, 2022

Cash Received - Tipping Fees:

Buchanan (Dec) 74,773.94 Dickenson (Dec) 56,847.67 Russell (Dec) 97,152.17

Dickenson CD/DEQ Reimbursed

Cash Expenditures Cash Expenditures - January 2023

Cash Balance - January 31 2023

179,666.45

228,773.78

5,145.18

(282,548.27)

131,037.14

Fund Balances:

Capital Equip Replacement Fund

165,510.00

DEQ C/D

44,249.96

[Total in Bank

340,797.10

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‘SELF - INSURANCE RISK POOL VAcorp

2023 - 2024 RENEWAL CHECKLIST

Cumberland Plateau Regional Waste Management Authority

‘TO COMPLETE AND RETURN FOR PROPOSAL, (Protraly by March st)

ney Summary Sheet Review and indicate any coverage options andor changes you would he to have quoted or upcoming year

edules- Property Inland Marine Aut (coverage applies) ‘+ Rovio nd sik vou hase no longer rquring coverage 1 Add others as coverages equred ‘+ Reviow Property Schedule and make changes as noose ‘Ensure coect bulelng name and locaton have correc physical adress ‘= Roviow Bung and Corian Vluos

tna vacant ona longor vacant «lf Bulders Fisk, mark iconsinuctoncomplatd and bln ecupied ‘Raindero update Contnts now eccupied Marine Schedule and mae changes as naeded rams have core vals Review Auto Schedule snd make changes ss needed ‘Sign and date

erilietes of Coverage List - representing current Catieats on fle

Review ands ough those no longer needed For Example
Loanhas bean pid of 1 Contract Ended 1 Ws one tie event only 1 Add ohers as required “ lncuda fl name ond adress of Ceriale Holder “+ lncude description / event dota, needed

ember Contac Information Sheet

Review and make changes as needed

194 Questionnaire - Completion of form fs mandatory

Complt, sign and dat

[{fBudger FY 2022 - 2023 - MANDATORY

‘ see oM Cmrenl oak Bedget aS Soon aS possible .

VIRGINIA ASSOCIATION OF COUNTIES GROUP ‘SELF - INSURANCE RISK POOL

2022 - 2023 RENEWAL SUMMARY

VAcorp

Cumberland Plateau Regional Waste Management Authority CcovERAGE ‘COVERAGE DESCRIPTION ina ee 1 Brana, Buln end Contents, nt por schedule

‘ulin and Contons, dedvtible par schedule Business Income, tnt per schedule

Enulnment Breakdown

‘Lint Per Breakdown Per Occurence Dodvetbie

(oland tring Inand Mating, nt po schedlo Inland Maine, deductible per schedule

‘Sonera Liaily,

’ General Aggregate

‘+ Boy nur & Property Damage

«+ Promises Medical Paymans (Per Person)

«+ Praises Mesieal Paymanis (Por Acide) Gonaral iby Deductible

‘Automobile

‘ Bay jury & Propery Damage - Owned & Hed Atos

1 Mesial Payments

‘Non-Owned bity

Stouor Uninsured Moora (par person)

= Stouory Uninsured Motos (pr acon)

Staluary Uninsured Motors (property damage) Unity Deduesble ‘ed Car Physical Damage Comprehensive Deductible Heed Car Physical Damage Colston Deuce ‘Como deduce per schedule

‘Scie

‘Employee Dishonesty, Fahl Petoanco Per Occurrence Deductible

‘SyborRsk

Lit of itty

Poot Aggregate

‘Envkonmental Liably,

Each Icdent and Aguregale
Poot Aggregate

er Oceuence Deduete

00,000,000 1,000

30 2900,000 $5,000 10,000 so

$2,000,000 $5,000 ‘1,006,000 ‘20000 ‘$60,000 20,000

s $500

260,000

$250

$500,000, ‘$5,000,000

1,000,000 $2,000,000

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Excess Automobile isbn

‘+ ExcossAulomobla Libity-Exeats Laity Aggrogala

€xcoss Gana Laity - Lint

‘+ Excoss Gara ably - Excess Listy Agrepole Per Occurence Deduebo

‘Works? Compensation

‘+ Employers laity (Coverage 8)

coverage,

er Occurence Dedutbie

$3,000,000 80 $3,000000 80 0

$1,000,000, ‘Stotucey so

VIRGINIA ASSOCIATION OF COUNTIES GROUP (
‘SELF - INSURANCE RISK POOL, VAcorp

2022 - 2023 BUILDINGS AND CONTENTS SCHEDULE

‘As of 01/12/2023

Cumberland Plateau Regional Waste Management Authority

Instructions 4 Ensure building namelocalons have correcUul phys ada 2.Revlew Bulding/Contonts Values fo valve ested, thre ls no propery coverage, 3. Indlat If any bullngs are vacant building I listed as vacant but now occupled ~ please Indate.

Businss income / xa Expant $100,000 neuded at o charge $00,000.00 Total Lint ‘Dickenson Counly | 522 b09 aes, 1 | 1 | wastettanster | Branch Gap | cinenco | sesssoo.d s3scancq) —ssao.00] Femtcunen| ‘Staton Road 322 Boa Dickenson Co Seale Replacemon| r}a Crexaoy | SmecrGer | Chee | soncone] stanoun} — ssoed ext ‘Ruzeal Go, Wate | 1786 Gentry Foplocomeal 27) «| ees Tee Icastowood $845,000.00] $40.50; $500.0] mel Russel Go Seats | 1786 Cenary Repacare 2 |? | eousa 2x40) | Farm Road [°° hecnisaens Mites = oat 912 3 | 1 Jachananco. West} sucranatie | Raven | $650,500.00] $40,000 ss00.o] Repscemen Transier Staion | Puchansh co ‘auchanan sale | 1972 epacemen| sf 2 Buchanstie | Raven | $30,000.00) $1,000.00] $8000 House (12’x40) Cos Road "Tale [Goon [250,000.00 sre s00 a

Zompltgd ana by

Lee Ase Viedks

date Signature:

VIRGINIA ASSOCIATION OF COUNTIES GROUP (
‘SELF - INSURANCE RISK POOL VAcorp

2022 - 2023 INLAND MARINE SCHEDULE

As of 0111212023

Cumberland Plateau Regional Waste Management Authority

Instructions: 4. Ensure listed equlpment has scheduled value. 2. fading equlpment, please provide fl description,

Son ei peril ||

2016 AT incor a 19 wes oe SS me sisson] sna crac | CR Tar ei eratoad sno ‘Dickenson Go| 2022 Cate 26M Smal Whector 1931 $135.04 $500

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Date: Signature:

VIRGINIA ASSOCIATION oF COUNTIES GROUP CMA ‘SELF - INSURANCE RISK POOL VAcorp

2022 - 2023 BUSINESS AUTO SCHEDULE

‘As of 0171212023

Cumberland Plateau Regional Waste Management Authority

Replacement Cost coverage apples If valve shown; Must bo $50,000 In value to qual. Subject fo adeiona!contibutlon,

‘waste | 2017 | Ford] F250 Tek] 1763, ‘0.0 $500.09

Tail [Goon $0.0]

INSURANCE RISK POOL, VAcorp

2022 - 2023 WORKER’S COMPENSATION SCHEDULE FOR UPDATE

Cumberland Plateau Regional Waste Management Authority

‘$1,000,000 Employers Liab Coverage ncuded a no cost ‘You may evew the frat 2021-2022 aud pays or referance, Copy avsaba upon request

Municipal Employees NOC

Total Payroll $70,000]

ompleted and Reviewed by:

Jame: S ‘le: de Dile

Date: Signature:

VIRGINIA ASSOCIATION OF COUNTIES GROUP (
SELF - INSURANCE RISK POOL VAcorp

2022 - 2023 RENEWAL CERTIFICATION LIST

FOR REVIEW AND UPDATE

Cumberland Plateau Regional Waste Management Authority

‘As of 01/12/2023

Inston 4. Cerca holders on fo wil alomatcalyreclve updated ceria for 2023 - 2024 term by ma 2. Review and srk tough thse no longer needed. Far axampl: Lean Paid Ol, Conac\ Ended, or was a ono-me event

{cotta Fanci Services Corp FrizowestEnd ——Ivasnaalte —_fs7203 fas of toe Commonieath of VAand

— ony inrespect clans or actions asin Irom eri connection wih negligent acts lor tne Mamtar, its employees, agents or orice, JRE: 2022 Catepar a26M Svat |wesarLoaders Seal Aw5L01091 jauos at $135,644, #5101036 valed ot $151,644, nd aWELOIEAt valued at 5154.50 Coitete Holders added aa [caeitarFinancial Services Corporation PAIZO SSE Inacio fs7203 epbguebaakiderrers apd amonweath of VA ad oly in espe ho clans or actions ang ont orn Jconnecton wit negligent ats of tho [Members empoyaes, agents or : tics

[Gurbarand Patou Regional Wasle is vighand ove

fanagement Author [sutec en 1286 Jrenowal Cortcata.

ew 601 Holder

VIRGINIA ASSOCIATION OF COUNTIES GROUP AVA

SELF - INSURANCE RISK POOL VAcorp

2022 - 2023 MEMBER CONTACT INFORMATION

Cumberland Plateau Regional Waste Management Authority

As of 0178212023

Ines: 4. Ensure conse) nlormaton scone. 2. Indeatet any contacts) ned obo removed. 8 Please add new conics) bated on contact ype inthe space provided belo, I appeabie

‘Ateraivey, please provide Excel worksheet with contsls)adlons/ changes dalatons,

195 Highland Dive, Suite Lebanon, VA 24266

195 Hghand Dive, Suite C Lebanon, VA 24206

ser024oe2

Member Services - Property & Casualty Coverage

obyeduards@ovunet el ee:

fares.

his aundta—Honaker (Finance Manager fansher76@maiicom a

Momber Services - Workers’ Comp Coverage

Claims - Property & Casualty

his. une

fronoker

nance Manager

honaker76¢@qmaicom

jaronrs- fas

Tow Contacts

Risk Control

BiingAccounts Payable

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cyber Contact

(Cyber Contact -EMERGENCY After Hours

New Contacts

COMPLETION OF FORM IS MANDATORY
(FOR INTERNAL PURPOSES ONLY) VAcorp

‘VAcorp Questionnaire

Coverage Period: 7112023 to 7112024

Member Name: _Cumberland Plateau Regional Waste Management

Authority _

neat type of aubarly you operate:

Pease provide ofits: [—]

‘roedband Avthory Water Uiios

‘Sewer Ui Z Soha Waste 4 using Aa

1 | Pars & Recreation yes, do you reqare recreational program papas a complete Awampon of ak forma?

‘Sample forms avaiable contact Member Sonica.

‘Report Auhory

Planning Distt Camnsaon

al Fosiy

3 [bo you provide Eieceal Ganon or Dsubalon?™

any beaters coh an ungerraund rage ask? 1, spare coerape needed ad avalos ipo 2 eco ofcompleted Potton Listy appcatin, Coverage ls oud armel of roup coinsurance poo lcreck ere winrotc[]

[be you own or operate any ett tot provide he sal falco? 4 | trGenert Labi atorded by VAcorp and you are providing alcoho at evens a no charge you qual for Host isu coverage and dona nad to purchase adsionl coverage.

Po you alow others use of yur aclites for special ovens? tyes, do you require prot of fbi surance ting your enya an aditona insured (0. Cacao of lrswrancoye tyes, do you rer Facil Usrso Tenant Users Listy surance Program (TULIP) on our website? [Reminder VENUE 10 Code needed in advance when applying for coverage. Conta! Member Series for VENUE | code assignmont,fneedod

you onwmainan any bes? Pease noe sivturs must be shown on he VACOp sched fr property [overae.

a FT oa BGS [lratvay Cuay 7 Watery Colpeiesion — Clroronigs

[re bridges subject to pads Inepecons?

3 ve bridge nspectonlconon reports docomaried a wing?

40 [P9 you cuniminsin any dans? Please note stuctres mus! be shown onthe VAccrp Schedule or property

evrge Eaton dams we ore Prose 11 [Pre cont lroaion [rower Wt upy ae LErccraton

7 [concrete Cleon Cotte:

7B |How oan tho avelurerepecee?

14 [bo youhave a documented maintenance plan?

“5 [ce tore any immed ropa needs or suture alai7T

Jae Contractors, Subconracors or Vendors allowed Lo work witout proving aidenco of al ably lswance hsng your entty as adional insured? 18 |ityos, describ soos provided.

[Does he wil convacincdo polcive language, suchas 19 | HoisHarniss Defense and ndemrication

De Convactors, Subconractors or Vondors provide evidence a Tabliy swance Wt oat $100,000 and nme the authority as an akvonal inset?

[bo any subconvacied operations Invave exposure rinars?

21 ives, De you req those aubeonractors to provide Cercle of ieurance showing Aiuee or Walon coverage is included?

fave you viewed your coverage Iii fer Business IncomalExra Expense? |Eotowing @ major loss, your nly needs fo coninus proving sve lezen at vel priorto the loss, Plaso 22 |evow your Propet sched fo determine Wf your Business IncomefExra Expanso coverage ln i adequat. Hans fo consideration: addtional cos! frezcating to temporary location, ovine costs, loss of revenue orn income

claro tha, to thebestof my knowledge and etshe foregoing statements ae ri We:

Date: Signature:

Request for Proposals

for Solid Waste Transportation and Disposal Service, or Solid Waste Transportation Service Only

for the ‘Cumberland Plateau Regional Solid Waste Management Authority.

‘March 2023

TABLE OF CONTENTS

_ INSTRUCTION TO BIDDERS. …460000000 cerrreres PROPOSAL SUBMITTAL… seetetetsreees

SITE INSPECTION. . PRICES…2…-+ WITHDRAWAL OF PROPOSALS. PRE-AWARD COSTS. REJECTION OF PROPOSERS INSURANCE, …+ INFORMATION NOT GUARANTEED. . RIGHT TO INSPECT. . sevens EVALUATION CRITERIA,

2, GENERAL SPECIFICATIONS . 21 BACKGROUND…60.0005 2.2 SCOPE OF SERVICES. 23 ASSIGNMENT OR SUBLETTING. . . 24 — LICENSES AND TAXES… citeteeees 25 LETTER OF CREDIT OR PERFORMANCE BOND

2.6 TONS PRICES QUOTED… Seeetererers 1D

2.7 PAYMENT… secre 10

28 CONTRACT TERMS… fetes 10

29 LIQUIDATED DAMAGES… : cesses 10

2.10 TERMINATION… n

2.11 NONDISCRIMINATION… n

212 INDEMNITY. n

NOTICE… biter 1b SECTION A

COMPANY AFFIDAVIT, …- 13 SECTION B

PROPOSAL FORM FOR OPTION 1…0000cseseeeresees “

PROPOSAL FORM FOR OPTION 2… 15 SECTION C

Proposal Response Checklist. …++ 16 APPENDIX

Copy of Insurance Form Checklist.

INSTRUCTION TO PROPOSERS PROPOSAL SUBMITTAL,

‘The Cumberland Plateau Regional Waste Management Authority (CPRWMA or Authority), on behalf of member counties of Buchanan, Dickenson and Russell, will receive Proposals for the disposal and transportation of solid waste collected at the Buchanan, Dickenson and Russell County Transfer Stations until 4:00 p.m, Friday, ‘March 31, 2023. All Proposals must be sealed in envelopes and addressed to:

Cumberland Plateau Regional Waste Management Authority ‘Attention: 2023 Solid Waste Disposal and Transportation Bid 135 Highland Drive, Suite C

Lebanon, Virginia 24266

All Proposals must be plainly marked, " Proposals for Solid Waste Transportation and Disposal Services, or Solid Waste Disposal Services only for the Cumberland

Plateau Regional Waste Management Authority or Solid Waste Transportation

Services only for Cumberland Regional ement_Authority." Proposers must submit two (2) copies of the Proposal. No faxed Proposals will be accepted.

A.copy of the Request for Proposals (RFP) may be obtained from the: Cumberland Plateau Regional Waste Management Authority

135 Highland Drive, Suite C Lebanon, VA 24266 Or Via emailing [email protected]

Proposals must be made on the Proposal Forms, and in accordance with the Instructions to Proposers and the General Specifications furnished by the Cumberland Plateau Regional Waste Management Authority in this Request for Proposals. A copy of the Proposal Forms is attached hereto. An award, if made, will be made to the successful proposer(s) whose Proposal is most advantageous for the Cumberland Plateau Regional Waste Management Authority and its member counties, Competitive Negotiation will be conducted as set forth in accordance with the code of Virgintia-Public Procurement Act Section § 2.2-4301 for Competitive negotiation, ‘The Cumberland Plateau Regional Waste Management Authority reserves the right to accept or reject any and all Proposals.

Proposals received after the opening time stated above will not be accepted.

1.6

SITE INSPECTION

Before submitting the Proposal, each proposer is encouraged to inspect the area(s) of the proposed service to artive at a clear understanding of the conditions under which the work is to be done

PRICES

‘The proposers shall submit prices per ton as indicated on the Proposal Forms. The quantities listed on the Proposal Forms are for the purposes of comparison and evaluation of Proposals.

WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn on written or telegraphic request received from proposers prior to the time fixed for opening. After Proposals have been opened, they cannot be withdrawn for a period of 180 days,

PRE-AWARD COSTS

This Request for Proposals does not commit the Cumberland Plateau Regional Waste Management Authority to pay any costs incurred or associated with the development, preparation, review, submission, and/or presentation of the Proposals submitted by the proposer. All costs incurred by the proposer in responding to this request are the responsibility of the Proposer.

REJECTION OF PROPOSERS

f
‘The Cumberland Plateau Regional Waste Management Authority reserves theright to reject any Proposals if investigation of the proposer fails to satisfy the Board that such a proposer is properly qualified to carry out the obligations and to complete the work contemplated therein. “A Proposal may be rejected if it shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The Cumberland Plateau Regional Waste Management Authority ‘s Board reserves the right to reject any or all Proposals for any reason and to waive any informality or technical errors.asmay be deemed best for the interests of the Cumberland Plateau Regional Waste ‘Management Authority and its member counties.

INSURANCE

‘The Cumberland Plateau Regional Waste Management Authority shall require that the Contractor obtain and maintain the minimum amounts of coverage in full force and effect for as long as is necessary to fund the Contractors indemnification and defense obligation. Provided in the Appendix of this Request for Proposals, is the Insurance Checklist identifying coverages required with limits. ‘The successful Bidder(s) shall provide CPRWMA with a certificate of insurance or other evidence as required, showing the insurance is in effect and that requires notification to CPRWMA of cancellation. CPRWMA shall be named a coinsured on the policy.

‘The proposer shall submit with the Proposal evidence of insurance as listed on the Insurance Checklist provided in the Appendix.

110

INFORMATION NOT GUARANTEED

Information given in the Request for Proposals relating to existing conditions is from the best information available. All such information on existing conditions is furnished only for the information and convenience of the proposer, and the proposer should use his/her own judgement and prerogatives in evaluating, checking and verifying the information provided, ‘The Cumberland Plateau Regional Waste Management Authority’s Board can make no guarantees and representations that the current estimated daily and annual tonnages would continue in the future,

RIGHT TO INSPECT

‘The CPRWMA’s Board reserves the right to inspect the disposal site before and after award of the proposal (a) and to employ or assign an authorized representative to inspect the work performed or being performed by the successful proposer(s).

EVALUATION CRITERIA All Proposals submitted on time will be reviewed and considered. Proposal

ranking and negotiation will be based upon, but not limited to, the following considerations: (Order of list does not indicate any order of priority.)

Understanding the scope of work Cost factors

Prior experience (history) with the same type of project and ability to implement scope of work on a regular basic. ’

Expertise of key project team members

Quantity of the proposed equipment scheduled to perform the scope of work,

Quality of the proposed equipment scheduled to perform the scope of work,

GENERAL SPECIFICATIONS BACKGROUND

‘The Cumberland Plateau Regional Waste Management Authority, representing the Counties of Buchanan, Dickenson and Russell, is required by the Solid Waste Management Act to plan for the collection and disposal of solid waste generated within Buchanan, Dickenson and Russell Counties, The Cumberland Plateau Regional Waste Management Authority owns and operates three (3) solid waste transfer stations, They are: 1) Buchanan County Solid Waste Transfer Station located at 1912 Buchanshire Rd, Oakwood, Virgini 2) Dickenson County Solid Waste Transfer Station located at 322 Dog Branch Gap Rd, Fremont, Virginia and 3) Russell County Solid Waste Transfer Station located at 1786 Century Farm Rd, Dickensonville, VA.

The total amount of solid waste accepted at the three transfer stations for the year 2022 was approximately 48,619.44 tons, The average daily amounts approximate 230 tons, The CPRWMA Board can make no guarantees and representations that the current estimated daily and annual tonnages will continue in the future.

Presently, the Towns of Clintwood, Grundy, Cleveland, Honaker and Lebanon directly provide curbside residential and commercial solid waste collection. ‘The Counties of Buchanan and Dickenson also provide residential curbside collection. Russell County directly provides the collection of residential solid waste at the thirteen (13) county owned and operated convenience center sites. The towns and the 3 counties are responsible for hauling the solid waste collected to the Authority’s three transfer stations for transportation and disposal. The Towns and the 3 Counties will continue to directly operate residential and commercial solid waste collection services. These services are not part of this Request for Proposals.

SCOPE OF SERVICES

224 Intent and Purpose The Virginia Solid Waste Management Act requires Regional Solid Waste Planning Boards to plan for transportation and disposal services to manage solid waste generated within the Region. The Cumberland Plateau Regional Waste Management Authority plans for the transportation and disposal of all solid waste generated within its three-member county area-Buchanan, Dickenson and Russell (including all towns).

2.2.2

‘The CPRWMA Board is requesting Proposals for:

Option 1

The price per ton for: (1) Disposal only of solid waste (including special waste) from the three (3) solid waste transfer stations

Option 2

The price per ton for: (1) Transportation only of solid waste (including special waste) from the three (3) solid waste transfer stations Option 3
The price per ton for both: (1) Disposal of that waste in a designated and permitted Class I Landfill and (2) Transportation of solid waste (including special waste) from the three (3) solid waste transfer stations.

Itis the intent and purpose of a Contract on which Proposals are sought to provide transportation and disposal services, or Disposal Only or Transportation services only of solid waste (including special waste) collected at the Cumberland Plateau Regional Waste Management Authority’s three (3) transfer stations.

‘The Cumberland Plateau Regional Waste Management Authority wishes to sign a Contract with the successful proposer(s) for a period of five (5) years, with an option to renew for another five (5) years.

Experience

Ata minimum, each Proposal must include the following information:

A description of services to be provided which demonstrates an understanding of the Scope of Services necessary. This description

should include the equipment requirements necessary to provide the services proposed.

2, Demonstration that the Proposer has the necessary qualifications, licenses, permits and experience to transport and/or dispose solid waste in the State of Virginia, West Virginia, Kentucky or Tennessee,

A list of transportation and disposal services provided by the Proposer in the State of Virginia, West Virginia, Kentucky or Tennessee and any affiliates. The list should include the following

information:

a) Name and location of customers served with permission to contact.

b) Name, location, types of materials accepted, remaining life, and site specifications of the designated and permitted Class I Landfill to be used by the Proposer,

d) List of references and a statement of permission to contact

references. (©) _ List of any Notice of Violations or non-conformance in past five (6) years 4, Provide a list of surcharges and regulatory agency or agencies that implement, how they are implemented and when implemented.

22.3 Transportation of Solid Waste

The successful proposer(s) shall be available to transport solid waste collected at the transfer station Monday thru Saturday, either on a regular schedule and/oran on-call basis depending upon the need. The CPRWMA and its member counties will reserve the right to set the transportation pickup times.

For the purpose of this REP, the bidder will need to identify all equipment needed to handled the transportations’ needs based on the figures outlined section 2.1-Estimated tonnages for 2022, including but not limited too number of trucks, trailers, manpower, yard trucks, etc. The bidder shall be responsible for supplying all equipment and manpower necessary to appropriately transport waste on a daily basis including, but not limited to trucks, trailers, yard trucks, equipment needed to unload trailer at chosen landfill, manpower, etc. Transportation vehicles and waste handling equipment shall be compatible with transfer stations’ design and operational capability as well as those at the disposal site.

The Contractor shall provide weight tickets of each load disposed at the Class I Landfill on a daily basis. The Cumberland Plateau Regional Waste Management Authority Transfer Stations personnel. will provide special ‘waste manifests daily for the Contractor.

Special provisions during holidays and other peak times shall be made by the 9

2.24

2.2.5

Contractor to provide additional trailers for holidays, heavy use months (i.e. spring/summer), or during other necessary times such as during emergencies or natural clisaster. The Cumberland Plateau Regional Waste Management Authority reserves the right to request additional trailers for any reason at the same price, at no additional costs to Cumberland Plateau Regional Waste Management Authority or its member counties.

Disposal of Solid Waste

‘The successful proposer(s) shall be solely responsible for the disposal of solid waste transported from the Cumberland Plateau Regional Waste Management Authority’s three (3) transfer stations in accordance with all applicable Federal, State, and local laws and regulations.

The proposer shall prepare the Proposal based on a permitted Class I Landfill site to be determined and identified by the proposer. ‘The disposal fee is to be included on the Proposal Forms as a separate item.

Maintenance of the disposal site infrastructure, examples being the condition of the working-face and landfill access roads, shall not impede the off- loading of solid waste from the solid waste trailers.

‘The Class I Landfill identified by the proposer shall comply with all federal, state and local laws, ordinances and regulations, including the rules, regulations and guidelines promulgated and adopted by Kentucky Department of Environmental Protection, the West Virginia Department of Environmental Protection, the Tennessee Solid Waste Control Board and the Tennessee Department of Environment and Conservation, or Virginia Department of Environmental Quality and General Specifications of this Request for Proposals in operating a Class 1 Landfill.

‘Transportation and/or Disposal Operations

Hours of Operation - Any time restrictions shall be affected only upon the ‘mutual agreement of the Cumberland Plateau Regional Waste Management Authority personnel and Contractor.

Holidays - The Contractor shall specify holidays to be observed subject to Cumberland Plateau Regional Waste Management Authority personnels

approval,

2.3

Office - The Contractor shall maintain an office or such other facilities through which it can be contacted, It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. on regular collection days to handle complaints as needed.

Service Delivery - If the Contractor is unable to perform the duties under this Proposal, the Cumberland Plateau Regional Waste Management Authority personnel will secure another service provider and the Contractor will be responsible for any additional costs incurred,

ASSIGNMENT OR SUBLETTING

Neither the Contract nor any of the payments to become due under it shall be assigned in whole or in part by the Contractor, nor shall any part of the work be sublet by the Contractor, without the prior written consent of the CPRWMA, and such consent shall not relieve the Contractor from full responsibility and liability for the work and for the due performance of all terms and conditions of the Contract.

LICENSES AND TAXES

‘The Contractor shall obtain all licenses and permits required by the Cumberland Plateau Regional Waste Management Authority or its member counties and the States of Virginia, West Virginia, Kentucky and Tennessee,and promptly pay all taxes required by the federal, state and/or county authorities. All Proposals must include a copy of a current Virginia, West Virginia, Kentucky and or Tennessee Business License,

PERFORMANCE BOND OR LETTER OF CREDIT

‘The successfyl proposer(s) will be required to provide a letter of credit as a guarantee of performance. The CPRWMA also reserves the right to request the successful proposer(s) to furnish a performance and payment bond or other Either the letter of credit or performance bond will be set at an amount equal to 100% of. the projected transportation and disposal services for a three (3) month period. All Proposals must contain a statement of the proposer(s) willingness to furnish such security.

‘TONS PRICES QUOTED

2.6.1 Disposal

2.8

Prices quoted for disposal services on the attached Proposal Forms shall remain fixed! for the initial Contract period. No additional fees shall be included or added to the price per ton during the initial contract period or any renewal, including but not limited to Environmental Recovery Fees, or any fees, taxes or liabilities imposed by any federal, state or local agency or imposed by any federal, state or local statute, regulation or law.

2.6.2 Transportation

Prices quoted for transportation services on the attached Proposal Forms shall remain a fixed base rate for the initial contract period. Bidder shall provide a detailed explanation of any fuel surcharge and formulas that may be used or deemed necessary to calculate the fuel surcharge rate,

PAYMENT

‘The successful Proposer shall negotiate acceptable payment terms with the Cumberland Plateau Regional Waste Management Authority according to the option or options awarded under this Proposal.

CONTRACT TERMS

Allitems included in this Request for Proposals must be included with the Proposal The proposer must indicate that this request and the proposer’s written material submitted in response will be included as part of the Contract. All Contracts, between the parties shall be governed by and enforced in accordance with Iaws of the State of Vi

2.9 LIQUIDATED DAMAGES

Work shall be completed in a professional manner in accordance with the terms of the Contract:

For the purposes of computing liquidated damages under the provisions of a Contract, it is understood that the Cumberland Plateau Regional Waste Management Authority may deduct from payments due or to become due to the Contractor amounts as liquidated damages upon proof of damages by the Cumberland Plateau Regional Waste Management Authority.

Failure of the Contractor to fulfill certain aspects of the Contract shall carry monetary penalties as payments cue to the Cumberland Plateau Regional Waste

2.10

241

212

‘Management Authority as follows: 2.9.1 Failure to provide on-request service within 24 hours -$500/trailer/incident;

292 Failure to deliver empty trailer(s) at time of scheduled haul or pickup- $500/day /container;

2.9.3 Failure to maintain secure loads of material, and allowing material to fall out or blow out of containers being hauled onto State, City and County roads - $$500/incident;

29.4 Failure to respond to and resolve complaints within 2 weeks - $1,000.00/incident;

2.9.5 Failure to provide efficient landfill operations such that the off-loading of solid waste is impeded at the disposal site due to poor site maintenance ~ {$1,5000/incident.

‘TERMINATION

‘The Contract may be terminated with sixty (60) days written notice for: (1) failure to comply with terms and conditions of this Contract, (2) unsatisfactory performance of service, (3) lack of adequate funds to cover service costs including should member counties or county fail to appropriate funds for service, or (4) ifCPRWMA. should determine in whole or in part that such termination is in the best interest of the CPRWMA and its member counties.

NONDISCRIMINATION

‘The Contractor shall not discriminate against any person because of race, sex, age, cteed, color, religion or national origin and agrees to comply with all Federal and State laws relating thereto.

INDEMNITY

‘The Contractor will indemnify and save harmless the Cumberland Plateau Regional Waste Management Authority and it’s member counties, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys’ fees to the extent resulting from a willful or negligent act or omission of the Contractor, its officers, agents, servants, and employees in the performance of the Contract,

In addition to the liability imposed on the Contractor on account of damage to property or personal injury, including death, arising through operations under this Contract, the Contractor agrees to indemnify the Cumberland Plateau Regional Waste Authority and it’s member counties against any expense, liability or payment damage for property or personal injury, including death and injuries to the Contractor’s employees, caused or in any manner arising from operations hereunder, including the use by the Contractor of equipment or facilities furnished by the Cumberland Plateau Regional Waste Management Authority,

3.0 NOTICE Public notice of award(s) will be posted on the CPRWMA website

(www.epriwma.com) and will be posted at the CPRWMA office entrance located at 195 Highland Drive; Lebanon, Virginia,

SECTION A COMPANY AFFIDAVIT

‘The affiant states with respect to this Proposal to the Cumberland Plateau Regional Waste

Management Authority:

I (we) hereby certify that if the Contract is awarded to our firm that no member or members of the CPRWMA’s governing body, elected official or officials, employee or employees of said Authority, or any person representing or purporting to represent the local counties, or any family member including spouse, parents, or children of said group, has received or has been promised, directly or tly, any financial benefit, by way of fee, commission, finder’s fee or any other financial benefit on account of the act of awarding and/or executing a Contract.

Thereby certify that I have full authority to bind the company and that I have personally reviewed the information contained in the Request for Proposals and this Proposal, and all attachments and appendices, and do hereby attest to the accuracy of all information contained in this Proposal, inclucling all attachments and exhibits.

acknowledge that any misrepresentation will result in immediate disqualification from any consicleration in the Proposal process.

| further certify that Contractor fully understands the operational requirements to fulfill the contract.

1 further recognize that the Cumberland Plateau Regional Waste Management Authority reserves the right to make its award for any reason considered advantageous to the CPRWMA orit’s member counties. ‘The company selected may be without respect to price or other factors, .

Signature Date Name Phone Title,

Firm Name.

‘Type of business organization (For example: corporation, LLC, partnership, proprietorship)

Address 15

SECTION B

‘PROPOSAL FORM FOR OPTION 1

Please propose Solid Waste Disposal Only for solid waste (including special waste) received at the ‘Cumberland Plateau Regional Waste Management Authority’s (3) Transfer Stations.

DISPOSAL Clive (Year Contract)

DESCRIPTION 2023 2024 2025, 2026 2027

Disposal of Solid Waste (including speclal waste)

(B/ton) —

CLASS I DISPOSAL SITE LOCATIO

Proposer Name and Title

Proposer Signature

‘Address

Telephone

Please propose only Transportation services for solid wast (Including special waste) transported from the Cumberland Plateau Regional Waste Management Authority’s (3) Transfer Stations. If bidding on ‘multiple landfills pease submit separate Option 2 forms.

TRANSPORTATION ONLY DESCRIPTION 2023 2024 2025, 2026 20:

‘Transportation Only of Solid Waste

{including special

waste)

/ton) =

iS S

bag

CLASS I LANDFILL DISPOSAL SITE LOCATION:

Proposer Name and Title

Proposer Signature

‘Address

Telephone

SECTIONB a [ PROPOSAL FORMFOR OPTION3

Please propose both Solid Waste Disposal and Transportation for solid waste (including special received at the Cumberland Plateau Regional Waste Management Authority’s (3) Transfer Stations.

DISPOSAL AND TRANSPORTATION | Five (51 Year

DESCRIPTION — 2023 2024 2025, 2026 2027

Disposal ‘of Solid Waste

(including special

waste)

(6/ton) —

CLASS I DISPOSAL SITE LOCATION:.

Proposer Name and Title

Proposer Signature

‘Address

Telephone

SECTION C- Proposal Response Checklist

Scope of Services

Statement of Experience/ History

Insurance Checklist

Current Business License

Performance Bond Statement or Letter of Credit Company Affidavit

Proposal Forms

APPENDIX

Please Provide a Copy of Insurance

CUMBERLAND PLATEAU RWMA: DICKENSON COUNTY:

Mr, Damon Rasnick. ‘Mr. Ronald Peters:

CUMBERLAND’ PLATEAU.

Me. Toby F. Edwards, Executive Director

BUCHANAN COUNTY: RUSSELL COUNTY: Mt Jeff Cooper Me Tim Hess Mr Cart Me Tim Lov Memo February 3, 2023

‘To: Disposal and Transportation Bidders

RE: CPRWMA Procurement Policy ‘To Whom It May Concem:

‘The Cumberland Plateau Regional Waste Management Authority (Authority) utilizes ‘the Virginia Procurement Policy Act. For informational purposes regarding public inspection of certain records, the Authority will comply with the Virginia Procurement Policy Act Section 2,2-4342(D) of the Code of Virginia which states the following:

Any competitive negotiation offeror, upon request, shall be afforded the ‘opportunity to inspect proposal records within a reasonable time afer the “evaluation and negotiations of proposals are completed but not prior to award, except in the event that the public body decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be ‘open to public inspection only after award ofthe contract.

{trust this Memo will provide pertineit information. If you need additional assistance, please ‘feel fie to contact me at (276) 883-5403.

| orig

Me. jemianj CPRWMA, , IMs. Rebecca Thombury, Aubhoriy Attomey’

137 Highland Drive. /. P.O. Box 386 Lebanon, VA 24266 Phone 276-833-5403 Email [email protected] : www.cprwma.com

\ @

Newspaper REQUEST FOR PROPOSALS ‘The Cumberland Plateau Regional Waste Management Authority (Buchanan,

Dickenson and Russell Counties) is seeking qualified individuals or firms to provide Proposals forthe following options.

Option 1; Disposal Only for (3) CRRWMA Solid Waste Transfer Station sites in Buchanan, Dickenson and Russell Counties.

Option 2: Transportation Only for (3) CPRWMA Solid Waste Transfer Station sites in Buchanan, Dickenson and Russell Counties.

‘Option 3: Disposal and Transportation for the (3) CPRWMA Solid Waste Transfer Station sites in Buchanan, Dickenson and Russell Counties,

‘Anyone wishing to respond may obtain a copy of the 2023 CPRWMA Request For Proposal, at the Cumberland Plateau Planning District office at 135 Highland Drive, Suite ©, Lebanon, VA 24266 between the hours of 8:30 a.m. and 4:00 p.m. Monday thru Friday.

Evaluation Criteria for individuals or firms responding include:

Understanding the Scope of Work.
Cost Factors.

3._ Prior experience (history) with the same type of project and ability to implement scope of work on a regular basic,

4, Expertise of key project team members.

Quantity of the proposed equipment scheduled to perform the scope of work.
Quality of the proposed equipment scheduled to perform the scope of work,

Submit 2 copies in sealed envelopes and addressed to:

‘Toby Edwards, Executive Director Cumberland Plateau Regional Waste Management Authority Attention: 2023 Disposal and Transportation RFP’:

135 Highland Drive, Suite

Lebanon, VA 24266

Phone: 276-883-5403 Email: [email protected]

Deadline for submission is 4:00 p.m., Friday, March 31, 2023. The CPRWMA will be conducting Competitive Negotiation in accordance with The Virginia Public Procurement Act and reserves the right to reject any and all proposals.

‘The Cumberland Plateau Planning District is an Equal Opportunity Employer and will not discriminate on the basis of race, cteed, color, sex, national origin, age, handicap or faith-based organization. Minority and fermale-owned firms and local firms are encouraged to participate. All responding firms should comply with Executive Order 11246.

‘GURAGERTAND PLATEAU REGIONAL WASTE FIRNAGEMIENT AUTHORITY 2023 2024- OPERATING BUOGET

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DICKENSON COUNTY: Mr, Damon Rasnick

CUMBERLAND PLATEAU RWMA: (Mr. Toby F: Edwards, Executive Director

‘CUMBERLAND

PLATEAU. ‘Mr. Ronald Peters | BUCHANAN COUNTY: RUSSELL COUNTY: ‘Mr Jeff Cooper

(Mr. Tim Hess (Mr. Garl Rhea Mr. Tim Lovelace

January 24,2023,

‘Mr. Justin Rodda

Eco Safe Landfill General Manager ‘Waste Management, Inc.

385 Hart Lane

Blountville, TN 37617

RE: CPRWMA Disposal and Transportation Extension Mr. Rodda:

‘The Cumberland Plateau Regional Waste Management Authority would like to thank you and Waste Management, Ine/Eco Safe Landfill for submiting a proposal for an extension {o our curent disposal and transportation contracts, However, atthe regular monthly meeting held January 18, 2023, the CPRWMA’s Board of Directors voted unanimously to seek Requests for Proposals.

On behalf of the CPRWMA Board of Directors and pursuant {o contract terms, we hereby notify you of our intent not to renew or extend the current contracts for waste disposal or for solid waste transportation. Section Six (6) of the Transportation Contract requires ‘written notice of termination be sent at east ninety (90) days prior to the expiration. This letter provides « nine (9) month notice, as the contract termination date is October 27, 2023. By its terms, the Disposal Contract does not require notification of intent not to renew or extend, but only of extension, However, asa courtesy notice, the Board will not be extending the Disposal Contract.

I want to extend both my Board, our Counties and my appreciation to you on our ‘working relationship over the past 9 years, If you have any additional questions please feet i fre to contact me via email, telephone or letter.

Ss Bb

“Toby F. Edward Gvecutve Decor ‘Cumberland Plteas Regional Sold Waste Management Authority

c:Me Cathe, Chakman, CPRMA Ce: Mr Ronald Peters, Vice Chatman, CPRWMA Co-Mr. RSbECE3 THOR HEBHVe / P.O. Box 386 Lebanon, VA 24266 ‘Phone 276-833-6403 Emall [email protected] j ‘www.cpruma.com

DICKENSON COUNTY BOARD OF SUPERVISORS

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January 25, 2023

Damon Rasnick 4241 Long Ridge Nora, VA 24272

Dear Damon:

Congratulations! At the Board of Supervisors meeting on January 24, 2023, you were reappointed to the Cumberland Plateau Regional Waste Management Authority Board of Directors. Your term witl begin on March 1, 2023 and will expire on March 1, 2027. Please report to the Circuit Court Clerk’s office at your earliest convenience so you ean be sworn in, Your commitment to serve on this very important Board is a direct reflection of your concern and involvement as a citizen,

If can be of assistance, please contact me.

Sincere)

Yas

Larry Barrton Dickenson County Administrator

¢: Toby Edwards, Director, Cumberland Plateau Regional Waste Management Authority Richard Edwards, Circuit Court Clerk William J. Sturgill, Dickenson County Attomey

LBA

BUCHANAN COUNTY BOARD OF SUPERVISORS

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January 13, 2023,

Toby F. Edwards, Director Cumberland Plateau Regional Waste Management Authority P.O, Box 386

Lebanon, Virginia 24266

Dear Toby:

‘An organizational meeting of the Buchanan County Board of Supervisors was held on Monday the 9 day of January 2023. Upon motion of Drew Keene seconded by Craig Stiltner and with a roll call vote of seven (7) yeas and zero (0) nays, this board did hereby reappointment Jeff Cooper to the Cumberland Plateau Regional Waste Management Authority Board of Directors for aterm ending March 1%, 2027,

Ifyou need any additional information, please don’t hesitate to contact me at 276.935.6596. Thank you,

Sincerely,

Hida C fln~

Robert Craig Hom, County Administrator

ec: Bev Tiller, Circuit Court Clerk’s Office Jeff Cooper, Garden District Supervisor

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Presentations.pdf
Meeting: 3/6/23      6:00 PM
Staff Recommendation:
Suggested Motion:

Authorization - Minutes BOS.pdf
SUGGESTED MOTION(s):

Authorization - Expenditures.pdf
SUGGESTED MOTION(s):

Presentations - Attorney.pdf
Meeting: 3/6/23         6:00 PM
Staff Recommendation:
Suggested Motion:

Reports1.pdf
Meeting: 2/6/23         6:00 PM
STAFF RECOMMENDATION(s):
SUGGESTED MOTION(s):
ATTACHMENTS:

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