AT A CONTINUED MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 12th DAY OF DECEMBER, TWO THOUSAND AND FIVE AT SEVEN O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present	Present	Absent
Charles K Estes, Chairman Robert P Anderson, V-Chm S. Bryant Lee Ronald L. Frazier	John McCarthy, Co Adm. Peter H. Luke, Co Attorney Diane Bruce, Clerk	Roger A Welch

Chairman Estes called the meeting to order at 7:00 o'clock p.m.

Mr. McCarthy explained that the Board received notification from the Department of Environmental Quality that a Tier III designation has been sought for the Hazel River. DEQ has requested comment from the Board of Supervisors. The county only needs to determine if a Tier III designation is in compliance with its Comprehensive Plan. The Board scheduled this non-required public hearing to consider public input.

Chairman Estes opened the public hearing.

Speaking in favor of a Tier III designation were Monira Rifaat, Reid Folsom, Sarah Gannon, (on behalf of PEC), Jim Brown, Paul Farmer, Cory Caulfield, Beverly Hunter and Mary Beth Martin. These supporters commented that the designation does conform and support the Comprehensive Plan; that pristine waters will enhance property values in years to come; that EPA regulations have not changed in 20 years and if there were to be changes in the future, public hearings would be required; that Tier III prohibits construction of industrial and sewage treatment facilities but does not prohibit housing and farming; that developers may be more of a "devil" than the EPA and DEQ; that any tool to preserve and protect the watersheds and waterflows of the county are desirable.

Speaking in opposition of the Tier III designation were Peter and Ann Hanson, Susan van den Toorn, Robert Murtz and Cynthia McDonald, Sally Thornhill and "Deke" Deakins. Several of the opponents are long-time property owners adjacent to the Hazel River who expressed concern and doubt regarding repairs and/or replacement if the septic systems for their homes should fail. Other reasons cited for opposition are the fears of giving up local control to state and federal government agencies without consideration for input from the locality; that changes to regulations may occur without notification for input; that single family treatment systems with point-source discharge to a Tier III designated river would be prohibited; concerns about what kind of permitting would be required if additions to existing homes were sought; that the county's Comprehensive Plan provides for procedures and measures to maintain clean waters and watersheds.

All comments having been heard, the Chairman closed the public hearing at 8:48 o'clock p.m.

Mr. Luke advised the Board that the narrow question asked by DEQ to be responded to by December 19, 2005 is whether a Tier III designation is in compliance with the Rappahannock County Comprehensive Plan. He added that the Comprehensive Plan applies to the protection of all rivers in the county, not just the Hazel River, and that once a Tier III designation is placed, there is no withdrawing from it; that the rules and regulations can be changed by the state and federal agencies because the county will lose authority. He further advised that this is a land use issue and the county has very little authority under land use law, therefore it should be reticent to relinquish any authority it currently has.

Mr. Luke further noted that DEQ has not decided if the Hazel River qualifies; that a state official must make the determination that the river fits its criteria. Most other Tier III rivers are in a state or federal park. He added that the application does not cover the tributaries to the Hazel River and would not affect the Sperryville Treatment Plant or the Thornton River outside the mixing zone.

Mr. McCarthy offered several points of clarification: (1) Federal regulations have been unchanged for 20 years, but DEQ has made two amendments to state regulations in order to comply with federal regulations; (2) the 1000-lot development in Culpeper County was permitted prior to the Tier III designation was initiated therefore it is grandfathered; (3) future federal amendments will cause changes, not DEQ or the Commonwealth of Va.; (4) failure to notify property owners adjacent to the Hazel River of this public hearing is a county failure because the tax maps in the office of the Commissioner of Revenue are not accurate; (5) the county must meet the Bay Act of 2010 and it is unknown if a Tier III designation would help comply with that requirement.

Mr. Frazier added that he believes the designation complies with the Comprehensive Plan but cannot support something over which the county has no control.

Mr. Lee noted that Tier III is not an individual's choice, but the government’s choice with constantly changing rules.

Mr. Anderson commented that current soil and water regulations have improved the streams considerably. As long as those programs are in place and more funding goes into those programs, the streams will continue to be preserved.

Mr. Estes added that the greatest improvements to the county’s rivers and streams have been the landfill and sewage treatment plant in Sperryville.

Mr. McCarthy prepared and read a proposed letter to DEQ opposing the designation. On motion of Mr. Estes, seconded by Mr. Frazier, the Board voted unanimously, of the members present, to advise DEQ that it opposes a Tier III designation of the Hazel River and to authorize Mr. McCarthy to send the letter just read to DEQ. (Letter attached to these minutes as Exhibit F and made a part hereof.) The following roll-call vote was taken: AYE: Estes, Frazier, Lee, Anderson. NAY: None. ABSENT: Welch.

There being no further business, the meeting adjourned at 9:15 o'clock p.m.

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Charles K. Estes, Chairman