Attachment 4- WTP_State Water Appropriation and Use Permit No. PG1990G012(04).pdf

MOE

MARYLAND DEPARTMENT OF THE ENVIRONMENT

1800 Washington Boulevard • Baltimore MD 21230 410-537-3000 • 1-800-633-6101 • www.mde.maryland.gov

Larry Hogan Go,-emor

Boyd Ru1herrord I Jculer14.1nf C"r0w:mnr

October 16, 2015

CERTIFIED MAIL - 70 J 2 2929 000 l 7800 9709 Return Receipt Requested

USDA Beltsville Agricultural Research Center Attn: Daniel Ragan, Supt.

Building 426, Bare-East 10300 Baltimore A venue Beltsville MD 20705

RE: State Water Appropriation and Use Permit No. PG1990G012(04)

Dear Perrnittee:

Ben Grumbles Secretary

Enclosed is your State Water Appropriation and Use Permit. The Pennittee is responsible for complying with all permit conditions. Accordingly, you are advised to carefully read the Permit and become thoroughly familiar with its requirements.

An annual Water Withdrawal Report is required by this permit. A form for making this report will be mailed to you in December of each year and shall be submitted to this office by the following January. If you have any questions, please contact this office at (410)537-3590.

Sincerely, Norman Lazarus Water Supply Program cc: Prince Georges County Health Department www.rnde.marylnnd.gov 1TY Useni 1-800-73$-2258 Via Ma,yl1nd Relay Scrvkc

STATE OF MARYLAND

DEPARTMENT OF THE ENVIRONMENT

WATER MANAGEMENT ADMINISTRATION

WATER APPROPRIATION AND USE PERMIT .

Permit Number: PG1990G012(04)

Effective Date: October 21, 2015

Expiration Date: September 30, 2027

First Appropriation: June 1, 1990

USDA BELTSVILLE AGRICULTURAL RESEARCH CENTER

Hereinafter referred to as the "Pennittee", is authorized by the Water Management Administration, hereinafter referred to as the "Administration,, pursuant to the provisions of Title 5 of the Environment Article, Annotated Code of Maryland (2007 replacement volume) as amended, to appropriate and use waters of the State subject to the following conditions:

1. Allocation - The water withdrawal granted by this permit is limited to:

A daily average of 750,000 gallons on a yearly basis and A daily average of 1 ;000,000 gaJlons for the month ·of maximum use.

2. Use - The water is to be used for irrigation, livestock watering, heating, cooling, research purposes, sanitary facilities, and a potable supply.

3. Source - The water shall be taken from eight wells in the Patuxent Formation.

4. Location - The point(s) of withdrawal shall be located at the USDA Beltsville Agricultural Research Center (BARC), 6900 Powder Mill Road, Beltsville, Prince George's County, Maryland..

CONTJNUED ON PAGE 2

PERMIT NUMBER PG1990G012(04)

PAGE NUMBER: 2

5. Right of Entry - The Pennittee shall allow authorized representatives of the Administration access to the Pennittee's facility to conduct inspections and evaluations necessary to assure compliance with the conditions of this permit. The Permittee shall provide such assistance as may be necessary to effectively and safely conduct such inspections and evaluations.

6. Permit Review - The Pemtlttee will be queried every three years (triennial review) regarding water use under the tenns and conditions of this permit. Failure to return the triennial review query will result in suspension or revocation of this permit.

7. Permit Renewal - This permit will expire on the date indicated on the first page of this permit. In order to renew the permit the Pennittee shall file a renewal application with the Administration no later than 45 days prior to the expiration.

8. Permit:Suspension or Revocation - This permit may be suspended or revoked ·by the Administration upon violation of the conditions of this pennit, or upon violation of any regulation promulgated pursuant to Title 5 of the Environment Article, An.notated Code of Maryland (2013 Replacement Volume) as amended.

9. Change of Operations - Any anticipated change in appropriation which may result in a new or different use, quantity, source, or place of use of water shall be reported to the Administration by the Permittee by submission of a new application.

10. Additional Permit Conditions - The Administration may at anytime (including triennial permit review or when a change application is submitted) revise any condition of this permit or add additional conditions concerning the character, amount, means and manner of the appropriation or use, which may be necessary to properly protect, control and manage the water resources of the State. Condition revisions and additions will be accomplished by issuance of a revised permit.

11. Drought Period Emergency Restrictions - If the Administration determines that a drought period or emergency exists, the Pennittee may be required under the Department's direction to stop or reduce water use. Any cessation or reduction of water use must continue for the duration of the drought period or emergency, or until the Administration directs the Permittee that water use under standard permit conditions may be resumed.

12. Non-Transferable - This permit is non-transferable. A new owner may acquire authorization to continue this appropriation by filing a new application ..,vith the Administration. Authorization will be accomplished by issuance of a new permit.

13. Flow Measurement- The Pcrmittee shall measure all water used under this permit by a method which shall be approved by the Administration.

14. Withdrawal Reports - The Pennittee shall submit to the Administration, semi-annually (July December, no later than January 31st and January-June, no later than July 31st), pumping

CONTINUED ON PAGE 3

PERMIT NUMBER PG1990G012(04)

PAGE NUMBER: 3

records. These records shall show the total quantity of water withdrawn each month under this permit.

15. Water Level Measurements - For all the Permittee's wells four (4) inches in diameter or larger, pumping equipment shall be installed so that water levels can be measured during pumping and nonpumping periods without dismantling any equipment. Any opening for tape measurements of water shall have a minimum inside diameter of 0.5 inches and be sealed by a removable cap or plug. The Permittee shall provide a tap for taking raw water samples before water enters a treannent facility, pressure tank, or storage tank.

16. Well Pump Placement - For all the Permittee's wells, the Pennittee shall not place a submersible well pump or water intake part of the well pump lower than the top of the confined aquifer from which the water is being withdrawn.

17. Permit Supersession -This permit has been reviewed and revised and supersedes the Appropriation and Use granted by the following prior permit(s) issued to:

UNITED STATES DEPARTMENT OF AGRICULTURE- BELTSVILLE AGRICULTURAL

RESEARCH CENTER effective on October 1, 2009 (PG1990G012(03))

By Authority of the Secretary Maryland Department of the Environment

L-~ffeM- Water Management Administration

MDE

MARYLAND DEPARTMENT OF THE ENVIRONMENT

1800 Washington Boulevard • Baltimore MD 21230 410-537-3000 • 1-800-633-6101 • www.mde.maryland.gov

Ln11')' Hogan Governor

Uoyd Rutherford Lieutenant Governor October 23, 2015

RE: Water Appropriation and Use Permit No.: PG1990G012(04) Publication of Permit Decision

Dear Property Owner, Public Official, Interested Person or Applicant:

Ben Grumbles Secretary

On October 16, 2015 the Water Management Administration issued Water Appropriation and Use Permit No. PG1990G012{04) to USDA Beltsville Agricultural Research Center to appropriate and use an annual average of 750,000 gallons of water per day (gpd) and a daily average of 1,000,000 gpd during the month of maximum use for irrigation, livestock watering, heating, cooling, research purposes, sanitary facilities, and a potable supply. The water is to be withdrawn from eight wells In the Patuxent Formation. The site is located at the USDA Beltsville Agricultural Research Center (BARC), 6900 Powder Mill Road, Beltsville, Prince George's County, Maryland.

After examination and consideration of the documents received and evidence in the application file and record, the Administration has determined that the application meets the statutory and regulatory criteria necessary for issuance of a Water Appropriation and Use Permit. The Impact Analysis Summary used in reaching this determination is enclosed with this permit decision. A copy of Water Appropriation and Use Permit No. PG1990G012(04) is available upon request.

This is a final agency determination; there is no further opportunity for administrative review. The applicant or any person with standing who participated in the public participation process through the submission of written or oral comments may petition for judicial review in the Circuit Court in the County where the permitted activity is to occur. The petition for judicial review must be filed within 30 days of the publication of the permit decision. Please see the attached fact sheet for additional information about the judicial review process.

If you have any questions or need any additional information, please do not hesitate to contact me at (410) 537-3590.

Enclosure

Recycled Paf!Cr

Sincerely, CA}LI~~

Nofman L:azarus Water Supply Program www.mde.maryland.gov TTY US("lll 1-800-735-22,s Via Maryland Relay Service

I • ' ,,..

USDA-Beltsville Agricultural Research Center (Name of Applicant)

Sam Glover (Assigned WMA Project Manager)

IMPACT ANALYSIS SUMMARY

PG 1990G0 12/04

(Application No.)

October 15, 2015 (Date Form Completed)

I. REASONABLENESS OF THE AMOUNT OF WATER REQUESTED IN RELATION

TO THE ANTICIPATED LEVEL OF USE DURING THE PERMIT PERIOD.

The applicant has applied to increase an existing appropriation from an annual average of 510,000 gallons 9f ground water per day (gpd) and an average of 750,000 gpd in the month of maximum use to an annual average of 750,000 gpd and an average of 1,000,000 gpd in the month of maximum use. The water will be withdrawn from up to eigl\t.e.xisting ... w.,.ells in the Patuxent Formation and used for irrigation, livestock.watering, heating and cooling, potable supply and sanitary facilities, and other operations at the USDA Beltsville Agricultural Research Center (BARC). The additional water is needed to meet the growing needs of the research farm operations. The average annual use in the last 5 years is 648,500 gpd. The requested increase to ·750,000 gpd annual average is reasonable.

II. REASONABLENESS OF THE IMPACT OF THE REQUESTED WITHDRAWAL ON THE

RESOURCE.

Geologic data indicates that the Patuxent aquifer outcrops on the BARC property near a cluster of seven. wells that supply water to the facility. The impact of the use of these seven wells on the rsource was evaluated using a water balance method at this location. The water balance method is used to calculate the amount of appropriation granted from an unconfined aquifer in order to maintain the sustained yield of an aquifer in perpetuity and to protect baseflow to streams in the watershed that the proposed withdrawal·wm occur. Withdrawals are limited to the annual average l-in-10 drought year baseflow ( effective recharge) on lands owned or controlled by the applicant. Withdrawals are further limited by losses due to impervious surfaces. To model the recharge at BARC, two watersheds were selected and values averaged. The Beaverdam Branch and North River watersheds have similar hydrologic conditions to this sitc,-11and2baf.e t_~n~~ drought recharge rates of 8.8 and 8.6 inches/year, respectively. The av~rii.geffi¥8':'7J.fichistYear (647 gpd/avg/ac) was selected as a representative ten. year drought recharge rate. The North River watershed has a 7Ql0 of 3.1 inches/year, and the Beaverdam Branch has a 7Q10 of 1.4 inches/year. The average 7Ql0 is 2.25 inches/year; thus, the ten year drought effective recharge rate is 6.45 inches/year (480 gpd/avgiac).

The MDE AIS database map of the location indicates the outcrop area of the Patuxent aquifer covers 1457 acres of the BARC property which is mainly agricultural land. Deduction from recharge is made for .impervious surfaces estimated at 2% (29 acres) of the site. The amount of groundwater available to the unconfined aquifer within this recharge area (approximately 1428 acres) after deducting for maintenance of stream baseflow (7Q10 == 2.25 in/yr), is about 685,373 gpd. The unconfined wells supply 75% (562,500 -gpd) of the requested amount of 750,000 gpd which is 82% of available groundwater in the unconfined aquifer on the property. No unreasonable impacts on t.he resource are anticipated.

I • • .., Impact analysis Summary - Continued for PG1990G012/04

Aquifer data for the site indicate the aquifer is dipping steeply from west to east Well #8 provides 25% (187,500 gpd) of the water supply to BARC and is screened in the confined Patuxent aquifer. Water withdrawal requests from confined aquifers are evaluated based on the available drawdown, which is not to exceed 80% of the distance between the histodc prepumping levels and the top of the aquifer in the area of the withdrawal from multiple sources.

To predict the impact of the proposed withdrawal, aquifer characteristics are needed. Aquifer data. transmissivity (T) values and storativity (S) values, were obtained from an on-site well test, geophysical log, and literatui-e data.

Data from several pump tests and other hydrogeologic information available to the Water Supply Program have been used to analyze the impacts from this withdrawal. Well# 8 (PG-95-1787) was drilled to a deptb of 262 feet (bgs) and screened from 220 to 250 feet (bgs) for a total of 30 feet of total screen length. The Specific Capacity from the 24-hr test was 1.5 gpey'fl The storativity (S) value was estimated at 0.0002 from MGS Billletin 29. The top of the Patuxent aquifer at t11e project site is -43 ft msl (drillers log & AIS) and the prepumping water level is estimated to be +83 ft msl (PG-73-0624). The 80% management level is estimated to be -18' msl. The CU1Tent water level is at +30 feet msl (Aa Cb l ), leaving about 48 feet of available drawdown. The effect of pumping tbe well for 25% (60,000 gpd) of the requested increased annual average amount of 240,000 gpd for twelve years was modeled. Assuming no recharge to the aquifer, a drawdown of about 7 .5 ft after twelve years was predicted at a distance of¼ mile.

Drawdown progressively decreased at greater distances from the pumping center. . .

The regional rate of decline is a reflection of how the water levels in the aquifer are adjusting to the withdrawals from the aquifer. Regional decline in the aquifer in the area was estimated at 0.9 feet per year (or 10.8 ft after 12 yrs) based on well (AA-Cb-1). Adding the drawdown from the regional rale of decline (10.8') and the requested annual average use (7 .5'), the total projected drop in the potentiometric surface after 12 years is expected to be 18.3', leaving approximately 30' of available drawdown above the 80% management level at a distance of¼ mile from the well.

IIL REASONABLENESS OF THE IMPACT OF THE REQUESTED ""'lTHDRA WAL

ON OTHER USERS OF THE RESOURCE.

,:,,~~,r:-· ·:., The water use at this'facility has been existing for several decades and was increased about five years ago when the west campus began receiving water from the wells. The wells work collectively to provide the water for this facility. There are a few private water wells listed in the MDE wells database within two miles of the eastern end of this property. The area is served by WSSC. No unreasonable impacts are anticipated on other users by this withdrawal.

FACT SHEET

JUDICIAL REVIEW PROCESS

Legislation passed by the 2009 General Assembly changes prncedures for certain permits issued by the Department, including water appropriation pe1mits. The judicial review procedures took effoct on January J. 20.10 and applies to final permit decisions issued on and after January I, 2010.

Under pre-existing procedures, permit applicants and third parties with standing under Maryland law could challenge !he issuance of a pennit. or the conditions of a permit through a request for a "contested case" aqjudicatory hearing conducted by the Office of Administrative Hearings. Effective January I, 2010, the "contested case" process no longer applies to final decisions on applications for these pennits. Rather, permits can be challenged through a request for direct judicial rev.iew in the Circuit Couit for the county where the activity authorized by the permit will occur. Applicants, and persons who meet standing requirements under federal law and who participated in a public comment process by submitting written or oral comments (where an opportunity for public comment was provided), may seek judicial review. Judicial review will be based on the administrative record for the permit compiled by the Department and limited to issues raised jn the public comment process (unless no public comment process wns provided, in which case the review will be limited to issues that are connected to the permit).

Who Has Standing?

Anyone who meets the threshold standing requirements under federal Jaw and is either the applicant or someone who participated in the public participation process through the submission of written or oral comments, as provided in Environment Article§ 5-204, Annotated Code of Maryland. The three traditional criteria for establishing standing under federal Jaw are iajury, causation, and redressability, although l1ow each criterion is applied is highly fact-specific and varies from case to case. Further, an association has standing under federal law to bdng sujt on behalf of its m embers when its members would otherwise have standing to sue in their own right;, the interests at stake are related to the organization's purpose, and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit

What is the Procedure for Seeking Judicial Review?

Petitions for judicial review of a final deter~ination or pe:n,nit decision subje<,t t9,j_1;.1_~ci,a~•!.~vie~•must be filed in accordance with § 1-605 of the Environment Article no later than 30 days following

· publication by the Department of a notice of final determination or f"mal permit decision and must be filed in the circuit court of the county where the permit application states that the proposed activity will occur. Petitions for judicial review must confmm to the applicable Maryland Rules of Civil Procedure (Title 7, Chapter 200).

To review the legislation fol/ow the link below:

http://mgaleg.maryland.gov/2009rs/chapters noln/Ch 650 sb I 065T.pdf

For a complete list of permits that these procedures apply to follow the link below:

http://www.mde.ma1yland.gov/programs/researchcenter/Jegislativetestimony/puges/jrproc.aspx

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