The Docket · Government Meeting · DKT-2026-004687

On the agenda: Russell County meeting — data center (Nov 2)

Name: On the agenda: Russell County meeting — data center (Nov 2)
Start: 2026-11-02
End: 2026-11-02
Location: Russell County, Virginia

⚠ Agenda Watch Russell County, Virginia · Monday, November 2, 2026 — in 5 days

About this record

The published agenda for this November 2 meeting contains: "data center". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.

WhenMonday, November 2, 2026
Check the agenda document for the meeting time.

WhereRussell County, Virginia

Money$41 on the table

On the record“data center”

The agenda, word for word

Government public record — the full text of the published document, archived October 28, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

83 pages · scroll to read

Page 1 of 83

Agenda

Board of Supervisors

November 2, 2026

RUSSELL COUNTY
BOARD OF SUPERVISOR’S MEETING
AGENDA – NOVEMBER 2, 2026
BOS Board Room

Regular Board Meeting

6:00 PM

Russell County Governmental Center
Lebanon, Virginia 24266

Russell County Board of Supervisors’ “Public Board Packet” can be viewed or downloaded at
https://russellcountyva.us/agendacenter.
A hard copy of the Public Board Packet is located at the County Administrator’s Office or the County’s website electronically
five (5) days prior to the board meeting or when the Chairman of the Board releases. In addition, one hard copy of the Public
Board Packet will be available for public review at the board meeting.

CALL TO ORDER & ROLL CALL – Clerk of the Board
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
EXECUTIVE SESSION (CLOSED) – Legal Matters – Economic Development – Discuss Legal
Matters pursuant to Section 2.2-3711(A)(7)(8) – Legal Discussions concerning Economic
Development.
PUBLIC HEARING
1. Disposal of Unclaimed Property in possession of Sheriff or Police Ordinance
NEW BUSINESS
1. Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors….……………A-1
a. Unapproved minutes of October 5, 2026
Russell County

Page 1

Page 2 of 83

Agenda

Board of Supervisors

November 2, 2026

Approval of Expenditures. Consider approval of expenditures presented
for payment……………………………………………………………………………...A-2

3. Committee Appointments for Board Consideration………………………………A-3
RC Coal Road Committee
Fred Arrington

Resigned

CITIZEN’S COMMENT PERIOD (Limited to 3 Minutes)
COUNTY DEPARTMENTS & CONSTITUTIONAL OFFICER REPORTS
COUNTY ATTORNEY REPORTS AND REQUESTS
1. Disposal of Unclaimed Property in possession of Sheriff or Police
Ordinance………………………………………………………………………...……….B-1
2. DEQ Landfill Financial Assurance Bond with VACO……………………………...B-2
3. Public Hearing – Cooper Creek School Property (Additional Property) (Not
the Copper Creek School Facility or Property)…………………………………….B-3
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
REPORTS
1. Russell County Road Reporting System……………………………………………C-1
2. VDOT Monthly Road System Report………..……………………………………….C-2
3. County & PSA Project Listing…………………………………………………………C-3
4. DEQ & DCR Environmental Impact Report (EIR) for the Pinnacle Natural
Area Preserve Suspension Bridge Access Improvements………………………C-4
REQUESTS
5. RC Resolution Requesting Amendment to §15.2-4904 of the Code of
Virginia (Removal of Special Provision Allowing Nine Appointees)..………….C-5
6. RC Honaker & Castlewood Canneries Season Closure…………………………..C-6
7. RC Turkey Vouchers – County Food Pantries & Employee Request…………..C-7
Russell County

Page 2

Page 3 of 83

Agenda

Board of Supervisors

November 2, 2026

8. Fire Departments Tow Services Request.…………………………………………...C-8
BOARD DISCUSSIONS & REMINDERS
ADJOURNMENT
COUNTY AGENCY / BOARD REPORTS:
•
•
•
•
•
•
•
•
•
•
•

Treasurer…………….……………………………………………………………………D
RC IDA …………………………………………………………………………………….E
RC PSA …………………………………………………………………………………... F
RC Tourism……………………………………………………………………………….G
RC Planning Commission ……………………………………………………………..H
RC Conference Center…………………………………………………………………..I
RC Transportation & Safety…………………………………………………………...J
RC Canneries……….…………………………………………………………………….K
RC Building Inspector…………………………………………………………………..L
RC Disposal………..……………………………………………………………………..M
RC Litter………..………………………………………………………………………….N

Russell County

Page 3

Page 4 of 83

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)(7)(8) – Legal Discussions concerning Economic Development.
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.
Andrew Hensley Lou Ann Wallace Tara Dye Steve Breeding Rebecca Dye –
N at e Ki s er –
D a vi d E at on APPROVAL TO RETURN TO REGULAR SESSION
Motion made by
, second by
the Board of Supervisors to return to regular session.
The vote was:
Aye:
Nay:

and duly approved by

Page 5 of 83

Board of Supervisors

Information Item
Presenters - Various

137 Highland Drive
Lebanon, VA 24266
Meeting: 11/2/26

6:00 PM

Public Hearing
1. Disposal of Unclaimed Property in possession of Sheriff or Police Ordinance

Staff Recommendation:
Public Hearing – Informational Only.
Suggested Motion:
Board Discretion.
ATTACHMENTS:
•

Various

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

Page 6 of 83

Russell County Virginia
“The Heart of Southwest Virginia”

Andrew Hensley
District 1

Steve Breeding
District 5

Lou Ann Wallace
District 2

David Eaton, Chairman
District 4

Nathan Kiser
At-Large

Tara Dye
District 3
Administrator

Rebecca Dye, Vice-Chairman
District 6

Lonzo Lester
County

PUBLIC NOTICE
PUBLIC HEARING
RUSSELL COUNTY BOARD OF SUPERVISORS
TAKE NOTICE - The Russell County Board of Supervisors Board Meeting will conduct a
Public Hearing on November 2, 2026, at 6 P.M. to hear public comments concerning
the Disposal of Unclaimed Property in Possession of the Sheriff Ordinance.
A copy of the aforementioned County Ordinance is available for review in the Office of
the County Administrator at 137 Highland Drive, Lebanon, Virginia 24266, during normal
business hours.
The Public Hearing will be held in the Russell County Board of Supervisors Meeting
Room at the Russell County Government Center, located at 137 Highland Drive,
Lebanon, Virginia 24266.
BY ORDER OF THE
RUSSELL COUNTY BOARD OF SUPERVISORS

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

Page 7 of 83

Code of Virginia
Title 15.2. Counties, Cities and Towns
Subtitle II. Powers of Local Government
Chapter 17. Police and Public Order
Article 1. General Provisions

§ 15.2-1719. Disposal of unclaimed property in possession of
sheriff or police
Any locality may provide by ordinance for (i) the public sale in accordance with the provisions of
this section or (ii) the retention for use by the law-enforcement agency, of any unclaimed
personal property which has been in the possession of its law-enforcement agencies and
unclaimed for a period of more than 60 days, after payment of a reasonable storage fee to the
sheriff or other agency storing such property. No storage fee shall be charged or accounted for if
such property has been stored by and is to be retained by the sheriff's office or other lawenforcement agency. As used herein, "unclaimed personal property" shall be any personal
property belonging to another which has been acquired by a law-enforcement officer pursuant to
his duties, which is not needed in any criminal prosecution, which has not been claimed by its
rightful owner and which the State Treasurer has indicated will be declined if remitted under the
Virginia Disposition of Unclaimed Property Act (§ 55.1-2500 et seq.). Unclaimed bicycles and
mopeds may also be disposed of in accordance with § 15.2-1720. Unclaimed firearms may also be
disposed of in accordance with § 15.2-1721.
Prior to the sale or retention for use by the law-enforcement agency of any unclaimed item, the
chief of police, sheriff or their duly authorized agents shall make reasonable attempts to notify
the rightful owner of the property, obtain from the attorney for the Commonwealth in writing a
statement advising that the item is not needed in any criminal prosecution, and cause to be
published twice in a newspaper of general circulation in the locality notice that there will be a
public display and sale of unclaimed personal property. The first notice shall appear no more
than 28 days before and the second notice shall appear no less than seven days before the public
display and sale of the unclaimed personal property. Such property, including property selected
for retention by the law-enforcement agency, shall be described generally in the notice, together
with the date, time and place of the sale and shall be made available for public viewing at the
sale. The chief of police, sheriff or their duly authorized agents shall pay from the proceeds of
sale the costs of advertisement, removal, storage, investigation as to ownership and liens, and
notice of sale. The balance of the funds shall be held by such officer for the owner and paid to the
owner upon satisfactory proof of ownership. Any unclaimed item retained for use by the lawenforcement agency shall become the property of the locality served by the agency and shall be
retained only if, in the opinion of the chief law-enforcement officer, there is a legitimate use for
the property by the agency and that retention of the item is a more economical alternative than
purchase of a similar or equivalent item.
If no claim has been made by the owner for the property or proceeds of such sale within 60 days
of the sale, the remaining funds shall be deposited in the general fund of the locality and the
retained property may be placed into use by the law-enforcement agency. Any such owner shall
be entitled to apply to the locality within three years from the date of the sale and, if timely
application is made therefor and satisfactory proof of ownership of the funds or property is made,
the locality shall pay the remaining proceeds of the sale or return the property to the owner
1

4/29/2026 12:00:00

Page 8 of 83

without interest or other charges or compensation. No claim shall be made nor any suit, action or
proceeding be instituted for the recovery of such funds or property after three years from the
date of the sale.
1982, c. 163, § 15.1-133.01; 1994, c. 144;1997, c. 587;2010, c. 333;2024, cc. 225, 242.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.

4/29/2026 12:00:00

Page 9 of 83

Board of Supervisors

Action Item B-1
Presenter: Chairperson

137 Highland Drive
Lebanon, VA 24266

Meeting: 11/2/26

6:00 PM

Approval of Minutes
Request approval of the minutes from the following meeting:
a. Unapproved minutes of October 5, 2026
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

Page 10 of 83

October 5, 2026
A regular monthly meeting of the Russell County Board of Supervisors was held on Monday,
October 5, 2026, at 6:00 PM at the Russell County Government Center in Lebanon, Virginia.
CALL TO ORDER & ROLL CALL
The Clerk called the meeting to order.
Roll Call by the Clerk:
Present Andrew Hensley
Tara Dye
Steve Breeding
Rebecca Dye
Nate Kiser
David Eaton

}

a quorum

Lonzo Lester, Clerk
Rhonda Lester, Deputy Clerk
Tyler Starnes, County Attorney
Absent – Lou Ann Wallace
INVOCATION & PLEDGE OF ALLEGIANCE
Invocation performed by Caleb Johnson followed by the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA
Motion made by Tara Dye, second Steve Breeding and duly approved by the Board of Supervisors
to approve the Agenda as presented.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
EXECUTIVE SESSION

Page 11 of 83

Motion made by Steve Breeding, second Tara Dye and duly approved by the Board of Supervisors
to go into executive session pursuant to Virginia Code Section 2.2-3711(A)(8) for consultation
with legal advice regarding discussions and votes from the previous month's meeting.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
Certification of Executive Session: Upon returning, motion made by Steve Breeding, second Tara
Dye and duly approved by the Board of Supervisors to return to regular session. A roll call vote
was conducted to certify that only public business matters lawfully exempted and identified in the
motion were discussed during the closed session:
•
•
•
•
•
•
•

Andrew Hensley: Yes
Lou Ann Wallace: Absent
Tara Dye: Yes
Steve Breeding: Yes
Rebecca Dye: Yes
Nate Kiser: Yes
David Eaton: Yes

Motion passed to return to regular session.
NEW BUSINESS
1. Approval of Minutes:
Correction Note - The County Attorney clarified that abstention votes from the previous month's
AHP vote count as "not voting" rather than a yay or nay, making the true tally of that motion 3
yeses, 2 nos, and 2 abstentions (to be treated as a poll vote rather than binding).
With this clarification noted motion made by Tara Dye, second Steve Breeding and duly
approved by the Board of Supervisors to approve the minutes of September 14, 2026.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
2. Approval of Expenditures:

Page 12 of 83

Motion made by Steve Breeding, second Rebecca Dye and duly approved by the Board of
Supervisors to approve the expenditures presented for payment.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, and Rebecca Dye
Nay: Nate Kiser
Abstain: None
Absent: Lou Ann Wallace
3. Committee/Board Appointments:
a. Oak Grove Community Center Committee Charlene Johnson

2 Year-Term

October 5, 2026

John Perry

2 Year-Term

October 5, 2026

Tammy Perry

2 Year-Term

October 5, 2026

Nancy Osborne

2 Year-Term

October 5, 2026

Jessica Vencill

2 Year-Term

October 5, 2026

Motion made by Andrew Hensley, second Tara Dye and duly approved by the Board of
Supervisors to leave current appointments unchanged for another two-year term.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate
Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
b. RC Industrial Development Authority –
Ron Blankenship

4 Year-Term

October 5, 2026

Motion made by Tara Dye, second Nate Kiser and duly approved by the Board of
Supervisors to reappoint Ron Blankenship for a four-year term.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate
Kiser
Nay: None
Abstain: None

Page 13 of 83

Absent: Lou Ann Wallace
c. RC Coal Road Committee – Freddie Arrington Resignation
The appointment was tabled until next month to allow further time for review and candidate
outreach.
CITIZENS’ COMMENTS
The Chair opened the comment period.
1. Jared Ring: Discussed a grant application through the Southwest Virginia Conservation
Initiative in partnership with MWA and the Carnegie Mellon Foundation for "Monuments
Across Appalachian Places." The project centers on historic piston strikes (including Moss
3) and aims to build small, privately funded monuments/pocket parks. He requested a letter
of support from the board.
2. Debbie Saylor - Voiced strong concerns and anxiety regarding proposed data center
developments, pointing out potential detrimental environmental issues and urging the
board to look into putting a hold on the project.
3. Donna Ball - Spoke regarding the proposed data center, noting a change.org petition with
over 500 signatures and over 50 handwritten signatures opposing the project. Raised
concerns regarding proximity to homes (within 2,000 feet), potential health and
environmental risks (noise, water usage, chemical leaks), and questioned whether board
members had signed Non-Disclosure Agreements (NDAs).
4. Tammy Garrett - Criticized the board's historical economic development track record
(referencing past projects like the fish farm and landfill initiatives) and urged caution and
thorough research regarding any new industrial projects like data centers.
5. Larry Hughes - Raised concerns regarding real estate tax increases designated for trash
collection and expressed frustration over being charged a $41 fee for dropping off
household trash using a farm truck. He also briefly touched upon past business challenges
during COVID-19 regulations and shared thoughts on energy and infrastructure
surrounding data centers.
6. Jennifer Chumley - Spoke in support of the Southwest Virginia Conservation Initiative
grant application (closing October 13), reiterating the request for a letter of support to honor
local miners across Cleveland, McClure, and Castlewood.
CONSTITUTIONAL OFFICER REPORTS AND REQUESTS
1. Bill Watson, Sheriff. •

Opened by requesting well-wishes and prayers for Randy Williams and his family.

Page 14 of 83

• Highlighted the critical, ongoing need for secure under-roof storage facilities for emergency
disaster response equipment (such as generators and trucks acquired through GovDeals and
military surplus), especially following the loss of the Bostic Ford building.
• Announced a proactive initiative to create a mobile sensory needs trailer (a 30-foot trailer in
partnership with local sponsors and Modern Chevrolet Sales) to assist individuals with
autism, PTSD, and sensory disorders at large public events (such as Cedar Fest and Bristol
Raceway). The project aims to be funded entirely through private donations, sponsorships,
and grants (such as Wellsprings) without requesting county funds.
2. Dr. Hooker, Superintendent w/ Russell County Schools & Greg Mullins, RCCTC Principal • Presented updates on recent achievements, grant successes, and partnerships
• Noted that the school successfully secured a fully awarded $50,000 grant through Wellspring
Foundation/AHP to revamp and launch the new HVAC program, adding to previous grants
for automotive and criminal justice programs.
• Highlighted an upcoming collaboration with AHP regarding modular building projects,
which will provide invaluable hands-on work-based learning opportunities and industry
credentials for students right in the local area.
• Invited the board and community members to the advisory dinner on October 29th, which
includes a silent auction to support Skills USA student competitions.
3. Laura Gilmer, Executive Director of Russell County Industrial Development Authority (IDA) • Provided an update on ongoing initiatives and addressed recent public interest regarding the
proposed Oasis data center project at the Russell County Industrial Complex.
• Noted that the project has been in an extensive discovery and due diligence phase over the
last 8 years to find beneficial, revenue-generating uses for abandoned mine lands.
• Announced a Community Forum scheduled for Wednesday, November 18, 2026, at 6:00 PM
in the Government Center conference center, featuring representatives from Oasis Digital
Properties to answer citizen questions.

EXECUTIVE SESSION

Page 15 of 83

The County Attorney requested a second executive session pursuant to Virginia Code Section 2.23711(A)(7) (actual or probable litigation) and (A)(8) (consultation with legal counsel) to discuss
specific legal matters regarding the IDA Revenue Bond Act and the Pure Salmon and County
contractual agreement.
Motion made by Andrew Hensley, second Tara Dye and duly approved by the Board of Supervisors
to go executive session pursuant to Virginia Code Section 2.2-3711(A)(7) (actual or probable
litigation) and (A)(8) (consultation with legal counsel).
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
Certification of Executive Session: Upon returning, motion made by Steve Breeding, second
Andrew Hensley and duly approved by the Board of Supervisors to return to regular session. A
roll call vote was conducted to certify that only public business matters lawfully exempted and
identified in the motion were discussed during the closed session:
•
•
•
•
•
•
•

Andrew Hensley: Yes
Lou Ann Wallace: Absent
Tara Dye: Yes
Steve Breeding: Yes
Rebecca Dye: Yes
Nate Kiser: Yes
David Eaton: Yes

Motion passed to return to regular session.
COUNTY ATTORNEY REPORTS AND REQUESTS
1. Industrial Development Authority (IDA) Board Composition Resolution –
Motion made by Andrew Hensley, second Tara Dye and duly approved by the Board of
Supervisors to instruct the County Administrator to draft a resolution directed to Delegate O'Quinn
and Senator Pillion requesting legislation to establish a seven-board-member composition for the
IDA, specifically removing the two town council members.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None

Page 16 of 83

Abstain: None
Absent: Lou Ann Wallace
2. Pure Salmon & County Contractual Agreement –
No action is required currently.
3. Sheriff's Office Unclaimed Personal Property Ordinance –
The County Attorney presented information on Virginia Code Section 15.2-1719 regarding the
disposal of unclaimed personal property in possession of the sheriff's office for 60+ days.
Motion made by Nate Kiser, second Steve Breeding and duly approved by the Board of
Supervisors to authorize the County Attorney to draft the ordinance and set a public hearing for its
adoption at the November 2026 board meeting.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
4. Russell County Fair Association Lease Agreement Amendment –
The board reviewed a proposed amendment to Section 7.1 of the Fair Association lease
agreement: would allow the Fair Association to assign or sublease the fairgrounds to third
parties without prior board or county administrator consent, provided the sublessee follows all
lease terms and the Fair Association remains fully liable for any injuries or damages. The
association maintains required liability ($2 million policy) and casualty insurance.
Motion made by Andrew Hensley, second Tara Dye and duly approved by the Board of
Supervisors to authorize the County Attorney to amend Section 7.1 of the Fair Association lease
agreement, allowing the Fair Association to assign or sublease the fairgrounds to third parties
without prior board or county administrator consent, provided the sublessee follows all lease terms
and the Fair Association remains fully liable for any injuries or damages. The association maintains
required liability ($2 million policy) and casualty insurance.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None

Page 17 of 83

Absent: Lou Ann Wallace
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Reports:
1. Russell County Road Reporting System
2. VDOT Monthly Road System Report
3. County & PSA Project Listing –
4. VACo Region 12 & 13 Meeting (Russell County Hosting) September 21, 2026
5. Russell County’s First Responder’s Breakfast on October 31, 2026 starting at 8:00 AM
6. Rosedale Solar Project Update
7. CPPD Dante Wastewater Treatment Plant Upgrades Project
Requests:
1. Russell County Sheriff’s Department Vehicle Storage Rental Contract Motion made by Tara Dye, second Andrew Hensley and duly approved by the Board of
Supervisors to approve an updated vehicle storage rental location agreement for the
Sheriff's Office, featuring landlord-provided utilities.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate
Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
2. VDOT / Rural Rustic Road Designations of Secondary Roads –
Motion made by Steve Breeding, second Tara Dye and duly approved by the Board of
Supervisors to approve a resolution requesting VDOT to designate Route 721 (State Park
Road), Route 609 (West Bear Wallow Road), and Route 678 (Lower Copper Creek Road) as
rural rustic roads.
The vote was:

Page 18 of 83

Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
3. Emergency Management (VDEM) Grant Motion made by Andrew Hensley, second Steve Breeding and duly approved by the Board
of Supervisors to approve a $7,500 Emergency Management Performance Grant (EMPG)
for emergency services.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate
Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
4. Fire Departments Towing Services Request –
The Board discussed a past billing request ($3,200 total) from Kegley Towing for services
rendered in February to pull stuck trucks of Honaker, Cleveland, and Lebanon fire
departments. There was an extensive discussion regarding future liability, dispatch
protocols, and budget allocations.
Motion made by Tara Dye, second Nate Kiser and duly approved by the Board of Supervisors
to table the item for one month to allow the County Attorney to review the legal mechanics
of deducting potential payments from departmental stipends.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
BOARD DISCUSSIONS & REMINDERS
1. Andrew Hensley – None
2. Tara Dye – Inquired about the budget status and progress for the Russell County Animal
Shelter. Response: County Administrator confirmed the project is currently running under
budget. Facility work—including HVAC corrections, community worker painting,

Page 19 of 83

plumbing, and sink installations—is progressing in-house. Community members and board
representatives are scheduled to visit the Copper Creek site on Wednesday to inspect
progress; requested a status update on the forensic audit. Response: County Administrator
reported that the audit findings have been turned over to the Virginia State Police and the
matter is currently under active investigation.
3. Steve Breeding – None
4. Rebecca Dye – Inquired about the status of the survey work and VDOT coordination
regarding drainage washout concerns at Belfast on Cowpasture Lane. Response: County
Administrator noted that Bailey Surveying is assigned to evaluate the property and
drainage site, with a status follow-up planned for the next day.
5. Nate Kiser – Offered apologies in advance for being unable to attend the upcoming
Russell County Career & Technology Center Advisory Dinner and the First Responders
Breakfast due to scheduled business travel out of town.
6. David Eaton – Thanked the citizens and public in attendance for their input,
patience, and commitment throughout the evening, highlighting positive momentum and
developments across Russell County.
ADJOURNMENT
Motion made by Nate Kiser, second Tara Dye and duly approved by the Board of Supervisors to
adjourn at 8:50 PM.
The vote was:
Aye: Andrew Hensley, Tara Dye, David Eaton, Steve Breeding, Rebecca Dye, and Nate Kiser
Nay: None
Abstain: None
Absent: Lou Ann Wallace
The next regular monthly meeting is scheduled for Monday, November 2, 2026 at 6:00 PM.

_________________________
Clerk of the Board

_________________________
Chairperson

Page 20 of 83

Board of Supervisors
137 Highland Drive
Lebanon, VA 24266
Meeting: 11/2/26

Action Item B-2
Presenter: Chairperson

6:00 PM

Approval of Expenditures
Request approval of the County’s October 2026 Monthly Expenditures:
STAFF RECOMMENDATION(s):
County’s October 2026 Monthly Expenditures are in compliance with budget and operational
services.
SUGGESTED MOTION(s):
Motion to approve County’s October 2026 Monthly Expenditures.
ATTACHMENTS:
• October 2026 Monthly Expenditures

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

Page 21 of 83

Board of Supervisors

Action Item: A-3
Presenter: Chairperson

137 Highland Drive
Lebanon, VA 24266
Meeting: 11/2/26

6:00 PM

Board Appointments
RC Coal Road Committee
Fred Arrington

Resigned

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

Page 22 of 83

Board of Supervisors

Action Item
Presenters - Various

137 Highland Drive
Lebanon, VA 24266
Meeting: 11/2/26

6:00 PM

County Attorney Reports
1. Disposal of Unclaimed Property in possession of Sheriff or Police
Ordinance………………………………………………………………………...……….B-1
2. DEQ Landfill Financial Assurance Bond with VACO……………………………...B-2
3. Public Hearing – Cooper Creek School Property (Additional Property) (Not
the Copper Creek School Facility or Property)…………………………………….B-3
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

Page 23 of 83

Code of Virginia
Title 15.2. Counties, Cities and Towns
Subtitle II. Powers of Local Government
Chapter 17. Police and Public Order
Article 1. General Provisions

4/29/2026 12:00:00

Page 24 of 83

4/29/2026 12:00:00

Page 25 of 83

DocuSign Envelope ID: F6C8EF2E-2BD9-4691-B1CF-831D52779DD0

General Agreement of Indemnity
(Commercial Contract)
We the undersigned, individually and for and on behalf of all other Indemnitors, enter into this General Agreement of Indemnity
(“Agreement”) in favor of Company. Witnesseth:
WHEREAS, in the transaction of business, Company has heretofore executed, procured, and/or assumed obligations of Bonds or may
hereafter execute, procure, or assume obligations of Bonds. In connection with the execution, procurement, and/or assumption of
obligations of Bonds, Company requires complete indemnification.
NOW, THEREFORE, as an inducement to Company and in consideration of Company’s execution, procurement, and/or assumption of
obligations of Bonds, refraining from canceling Bonds, and for other good and valuable consideration, Indemnitors jointly and severally
agree with Company as follows:
1. Definitions: For purposes of this Agreement, the following definitions apply, which definitions shall be equally applicable to both
the singular and plural forms of such terms:
Bond - Any and all bonds, undertakings, guarantees, contractual obligations, and writings or statements of prequalification or
commitment, including Modifications thereof, which Company has executed or procured, or for which Company has an obligation as a
result of an asset purchase, acquisition, merger or like transaction, issued (whether before, on, or after the date of this Agreement) for
or on behalf of any one or more of the following: (a) any Indemnitor; (b) any present or future affiliate or Subsidiary of any Indemnitor;
(c) any present or future joint venture or other similar legal entity in which one or more of the persons or entities identified in subparagraph (a) or (b) above have an interest; (d) any other person or entity at the request of one or more of the persons or entities
identified in sub-paragraph (a) or (b); or (e) any successor or assign of any entity described in (a) through (d) above. For the purposes
of this definition, “Modifications” shall include but not be limited to renewals, substitutions, riders, endorsements, reinstatements,
replacements, increases or decreases in penal sum, continuations, and extensions.
Company - Travelers Casualty and Surety Company of America, any of its present or future direct or indirect parent companies, any of
the respective present or future direct or indirect affiliates or subsidiaries of such company and parent companies, and/or any of the
aforementioned entities’ successors or assigns.
Contract - Any contract or obligation the performance of which is guaranteed or covered either in whole or in part under a Bond.
Default - Any of the following shall constitute a Default: (a) a declaration of Contract default by any Obligee; (b) actual breach or
abandonment of any Contract; (c) a breach of any provision of this Agreement; (d) failure to make payment of a properly due and owing
bill in connection with any Contract; (e) Company’s good faith establishment of a reserve; (f) improper diversion of Contract funds or
any Indemnitor’s assets to the detriment of Contract obligations; (g) any Indemnitor’s becoming the subject of any proceeding or
agreement of bankruptcy, receivership, insolvency, or creditor assignment, or actually becoming insolvent; (h) any Indemnitor’s dying,
becoming legally incompetent, being imprisoned, being convicted of a felony, or disappearing and being unable to be located; (i) any
representation furnished to Company by or on behalf of any Indemnitor proving to have been materially false or misleading when made;
and/or (j) any change in control or existence of any Indemnitor. Change in control means the addition or departure (in one transaction or
a series of transactions) of any person or entity having a ten percent (10%) or greater ownership interest in any Indemnitor.
Indemnitors - The undersigned and all of their successors and assigns.
Loss - All loss and expense of any kind or nature, including attorneys’ and other professional fees, which Company incurs in
connection with any Bond or this Agreement, including but not limited to all loss and expense incurred by reason of Company’s: (a)
making any investigation in connection with any Bond; (b) prosecuting or defending any action in connection with any Bond, including
any extra-contractual claim where Company has denied a claim; (c) obtaining the release of any Bond; (d) recovering or attempting to
recover Property in connection with any Bond or this Agreement; (e) enforcing by litigation or otherwise any of the provisions of this
Agreement; or (f) defending any claim, by litigation or otherwise, arising out of or relating to any action taken by the Company under this
Agreement.
Obligee - Any person or entity in whose favor a Bond has been issued, and that person’s or entity’s successors and assigns.
Property - Indemnitors’ rights, title and interest, whether now held or hereafter acquired in: (a) any Contract or contract, including but
not limited to subcontracts let; (b) any and all sums due or which may hereafter become due under any Contract or contract, and all
damage claims and proceeds related thereto; (c) all rights arising under any surety bonds or insurance policies; and (d) any and all
accounts receivable, letters of credit, documents of title, bills of lading, warehouse receipts, machinery, plants, equipment, tools,
materials, supplies, inventory, vehicles, hardware, software, machine tools, fixtures, office equipment, books, records, designs,
licenses, patents, intellectual property, as-builts, construction drawings and documents, and all electronically stored information.
Subsidiary - Any entity that any Indemnitor has direct or indirect control over or in which any Indemnitor has a direct or indirect
ownership interest of fifty percent (50%) or more.
2. Payment of Premium: Indemnitors shall pay to Company all premiums for each Bond as they fall due, until Company has been
provided with competent legal evidence that the Bond has been duly discharged.
3. Indemnification and Hold Harmless: Indemnitors shall exonerate, indemnify and save Company harmless from and against all
Loss. An itemized, sworn statement by an employee of Company, or other evidence of payment, shall be prima facie evidence of the
propriety, amount and existence of Indemnitors' liability. Amounts due to Company shall be payable upon demand. Interest shall accrue
on such amounts due Company from the date Company incurred Loss at the prime rate of interest in effect on the last day of the
previous quarter as published in the Wall Street Journal plus three (3) percentage points.

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DocuSign Envelope ID: F6C8EF2E-2BD9-4691-B1CF-831D52779DD0

4. Claim Settlement: Company shall have the right, in its sole discretion, to determine for itself and Indemnitors whether any claim,
demand or suit brought against Company or any Indemnitor in connection with any Bond shall be paid, compromised, settled, tried,
defended or appealed, and its determination shall be final, binding and conclusive upon Indemnitors. Company shall be entitled to
immediate reimbursement for any and all Loss incurred under the belief it was necessary or expedient to make such payments.
5. Collateral Security: Indemnitors agree to deposit with Company, upon demand, an amount in cash as determined by Company
sufficient to discharge any Loss or anticipated Loss. Indemnitors further agree to deposit with Company, upon demand, an amount
equal to the value of any assets or Contract funds improperly diverted by any Indemnitor. Company shall have no duty to invest, or
provide interest on, the deposit. Indemnitors agree that Company would suffer irreparable damage and would not have an adequate
remedy at law if Indemnitors fail to comply with the provisions of this paragraph. Any collateral or letters of credit provided to Company
by any Indemnitor or any third party, or the proceeds thereof, may be used by Company to pay, or be held by Company as collateral
security against, any Loss or unpaid premium on any Bond. If Company has or obtains collateral or letters of credit, Company shall not
have any obligation to release collateral or letters of credit or turn over the proceeds thereof until it shall have received evidence of
discharge in form and substance satisfactory to Company with respect to each and every Bond. Company shall incur no liability on
account of, and Indemnitors need not be notified of, Company’s taking, failure to take, or release of collateral, letters of credit, or any
other security. Each Indemnitor hereby authorizes any other Indemnitor to pledge collateral and/or transfer assets on behalf of
Indemnitors and to execute documents, or take any other actions, in order to grant a first priority perfected security interest to Company
in collateral provided by any Indemnitor(s) and/or effect such transfer of assets. In the event Company determines that collateral or
letters of credit provided to Company are no longer acceptable security, Company has the right to demand replacement security
acceptable to Company.
6. Extent of Obligations: Indemnitors understand and agree that they are liable under this Agreement with respect to any Bond
issued for any affiliate or Subsidiary even if issued prior to such entity becoming an affiliate or Subsidiary. Indemnitors also understand
and agree that their obligations with respect to any Bond will remain in full force and effect even if the entity on whose behalf such Bond
was issued has been sold, dissolved or whose ownership has been otherwise altered in any way. If Company procures the execution
of Bonds by other sureties, executes Bonds with co-sureties or obtains reinsurance, the provisions of this Agreement shall also inure to
the benefit of such other surety, co-surety or reinsurer, but only as to such Bonds.
7. Remedies: In the event of a Default, Indemnitors assign, convey and transfer to Company all of their rights, title and interests in
Property, and Company shall have a right in its sole discretion to: (a) take possession of the work under any Contract and to complete
said Contract, or cause, or consent to, the completion thereof; (b) immediately take possession of Indemnitors’ Property, and utilize the
Property for the completion of the work under the Contracts without payment for such use; (c) assert or prosecute any right or claim in
the name of any Indemnitor and to settle any such right or claim as Company sees fit; (d) execute in the name of any Indemnitor, any
instruments deemed necessary or desirable by Company to: (i) provide Company with title to assets, (ii) take immediate possession of
Contract funds whether earned or unearned, (iii) collect such sums as may be due Indemnitors and to endorse in the name of
Indemnitors, and (iv) collect on any negotiable instruments; (e) require any Obligee to withhold payment of Contract funds unless and
until Company consents to its release; and/or (f) be subrogated to all the rights, remedies, properties, funds, securities and receivables
relating to Indemnitors’ Contracts or contracts and have the right to offset losses on any Contract or Bond against proceeds, funds, or
property due from another Contract, bond or contract. Further, in the event of Default and upon demand Indemnitors shall direct that all
payments, monies, and properties that are due or may become due on any Contract or contract be made payable to, and/or sent
directly to, Company, and shall issue whatever writing or notices as deemed necessary by Company to effectuate the default and/or
termination of any Contract.
8. Joint and Several Liability: The obligations of Indemnitors hereunder are joint and several. Company is authorized to settle with
any Indemnitor(s) individually, and without reference to the others, and any such settlements shall not bar or prejudice actions by
Company against or affect the liability of any other Indemnitor(s) hereunder. Indemnitors shall have no rights of indemnity or
contribution or the right to seek collection of any other outstanding obligation against any other Indemnitor(s) or their property while
Loss is owed to Company under this Agreement.
9. Decline Execution: Company has the right, for any reason, to decline to execute, without incurring any liability or waiving any
right: (a) any Bond, including final Bonds where Company provided a bid Bond; (b) any Bond rider or consent authorizing any change to
any Bond; and/or (c) any other consent of surety. Company also has the right to cancel or terminate any Bonds pursuant to their terms,
to the extent allowed by law, without incurring any liability or waiving any right.
10. Trust Fund: All payments due or received for or on account of any Contract, whether or not in the possession of any Indemnitor,
shall be held in trust as trust funds by Indemnitors for the benefit and payment of all obligations for which Company as beneficiary may
be liable under any Bond. Company may open a trust account or accounts with a bank for the deposit of the trust funds. Upon demand,
Indemnitors shall deposit therein all trust funds received. Withdrawals from such trust accounts shall require the express consent of
Company.
11. Books, Records and Credit: Indemnitors shall furnish upon demand, and Company shall have the right of free access to, at
reasonable times, the records of Indemnitors including, but not limited to, books, papers, records, documents, contracts, reports,
financial information, accounts and electronically stored information, for the purpose of examining and copying them. Indemnitors
expressly authorize Company to access their credit records, including, but not limited to, account numbers and/or account balances
from financial institutions. To the extent required by law, Indemnitors, upon request, shall be informed whether or not a consumer
report has been requested by Company, and if so, of the name and address of the consumer reporting agency furnishing the report.
12. Attorney in Fact: Indemnitors irrevocably constitute, appoint and designate Company as their attorney in fact with the right, but
not the obligation, to exercise all rights of Indemnitors assigned or granted to Company and to execute and deliver any other
assignments, documents, instruments or agreements deemed necessary by Company to exercise its rights under this Agreement in the
name of any Indemnitor.

S-4143A DS (04-22)

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DocuSign Envelope ID: F6C8EF2E-2BD9-4691-B1CF-831D52779DD0

13. Security Interest: As security for their obligations hereunder, Indemnitors hereby grant to Company a security interest in the
following properties, assets and rights of Indemnitors, wherever located, whether now owned or hereafter acquired or arising, and all
proceeds and products thereof: all goods, instruments accounts, chattel paper, deposit accounts, letter-of-credit rights, securities,
securities or commodity accounts, commodity contracts, any Contract rights or rights to the payment of money, rights under surety
bonds or other guaranties, insurance claims and proceeds, and all general intangibles. This Agreement shall for all purposes constitute
a Security Agreement for the benefit of Company in accordance with the Uniform Commercial Code and all similar statutes.
Indemnitors hereby irrevocably authorize Company, without notice to any Indemnitor, to file any document necessary to perfect the
security interest granted herein. The failure to file or record this Agreement or any financing statement shall not release or excuse any
of the obligations of Indemnitors under this Agreement.
14. Termination: This is a continuing Agreement, which remains in full force and effect until terminated. An Indemnitor may only
terminate participation in this Agreement by providing written notice to Company of such Indemnitor’s intent to terminate. Such notice
shall be sent to Travelers Bond & Specialty Insurance, Attention: Senior Vice President Commercial Surety, One Tower Square,
Hartford, Connecticut 06183. The termination shall take effect thirty (30) days after Company receives such notice (“Termination
Date”). The notice shall not relieve the terminating Indemnitor from its obligations for any Bond executed prior to the Termination Date,
nor shall it relieve the terminating Indemnitor from its obligations for any Bond executed after the Termination Date: (a) upon the award
of a Contract to any Indemnitor on a bid or proposal in respect of which Company has executed or procured a bid Bond prior to the
Termination Date; or (b) which Company has become committed to execute or procure prior to the Termination Date; (c) which is a
renewal or extension of a Bond issued prior to the Termination Date; or (d) which is issued in connection with any maintenance,
guarantee, claim, lien, litigation, or other matter involving or relating to any Bond executed prior to the Termination Date or thereafter
executed or procured as provided in sub-paragraph (a), (b), or (c) above.
15. Jurisdiction: In any legal proceeding brought by Company that in any way relates to this Agreement, each Indemnitor, for itself
and its property, irrevocably and unconditionally submits to the exclusive jurisdiction, at the sole and exclusive option of Company, of
the courts in any state in which any Indemnitor maintains an office or location, resides, has property, or in which any Contract is
performed. Indemnitors hereby irrevocably and unconditionally submit to the jurisdiction of said courts and waive and agree not to
assert any claim that they are not subject to the jurisdiction of any such court, that such proceeding is brought in an inconvenient forum
or that the venue of such proceeding is improper.
16. Limitation of Liability: Indemnitors acknowledge and agree that Company shall have the immediate right, but not the obligation,
to exercise any and all rights available to Company under either this Agreement or by law, in the Company’s sole discretion, and they
hereby expressly waive, and release any cause of action or defense existing now, or in the future, whether sounding in tort or contract
(or any other legal theory), arising from, connected to, or in any way relating to Company’s exercising or failing to exercise those rights
or rights granted by law. In no event shall Company be liable to Indemnitors for any damages, actual, consequential, or punitive,
arising from, connected to, or in any way relating to Company’s exercising or failure to exercise its rights either under this Agreement or
as provided for by law.
17. Nature of Rights: If any provision or portion of this Agreement is or becomes unenforceable, this Agreement shall not be void, but
shall be construed and enforced with the same effect as though such provision or portion were omitted. This Agreement is in addition to
and not in lieu of any other agreement of indemnity, whether now existing or entered into hereafter. Company shall be entitled to
specific performance of the terms of this Agreement in addition to any other remedy at law or equity. Time is of the essence in this
Agreement. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine,
feminine and neuter forms. The rights and remedies afforded to Company by the terms of this Agreement can only be impaired by a
written rider to this Agreement signed by an authorized representative of Company. If any Indemnitor fails to execute or improperly
executes this Agreement or is otherwise found not to be bound under this Agreement, such failure or finding shall not affect the
obligations of any other Indemnitor(s). The failure to sign or the improper execution of a Bond shall not affect Company’s rights under
this Agreement, and Indemnitors waive any claim they may have, now or at any time in the future, arising out of the failure to sign or
properly execute a Bond. Termination, release, and/or limitation of the obligations of any Indemnitor(s) under this Agreement shall in no
way affect the obligations of any other Indemnitor(s) whose obligations have not been terminated and/or limited. Company’s failure to
enforce any or all of its rights under this Agreement shall not be construed as a waiver of any such rights.
18. Resolution: Indemnitors have a substantial, material and beneficial interest: (a) in the obtaining of Bonds by any Indemnitor; and
(b) in the transaction(s) for which any Indemnitor has applied or will apply to Company for Bonds. Indemnitors have the full power and
authority to execute, deliver and perform this Agreement and to carry out the obligations stated herein. Indemnitors further acknowledge
and agree that: (x) the execution, delivery and performance of this Agreement by Indemnitors; (y) the compliance with the terms and
provisions hereof; and (z) the carrying out of the obligations contemplated herein, do not, and will not, conflict with and will not result in
a breach or violation of any terms, conditions or provisions of the charter documents or bylaws of any Indemnitor(s), or any law,
governmental rule or regulation, or any applicable order, writ, injunction, judgment or decree of any court or governmental authority
against any Indemnitor(s), or any other agreement binding upon any Indemnitor(s), or constitute a default thereunder.
19. Date of Agreement: The date of this Agreement shall be the earliest date any Indemnitor executes this Agreement.
WE HAVE READ THIS INDEMNITY AGREEMENT CAREFULLY.
THERE ARE NO SEPARATE AGREEMENTS OR
UNDERSTANDINGS WHICH IN ANY WAY LESSEN OUR OBLIGATIONS AS ABOVE SET FORTH. IN TESTIMONY HEREOF, WE
THE INDEMNITORS HAVE SET OUR HANDS AND FIXED OUR SEALS AS SET FORTH BELOW.
If Indemnitor is an entity, sign below:
Instructions: Two authorized officials should sign on behalf of each entity (except as otherwise indicated below) and all signatures must be dated. If the
entity is: 1) a corporation, the secretary (if one exists) and another authorized officer should sign on behalf of the corporation; 2) a limited liability
company, the manager(s) (if any) or member(s) should sign on behalf of the LLC; 3) a partnership, the partner(s) should sign on behalf of the
partnership; or 4) a trust, the trustee(s) should sign on behalf of the trust; 5) any other type of entity, including governmental entities, any two authorized
S-4143A DS (04-22)

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DocuSign Envelope ID: F6C8EF2E-2BD9-4691-B1CF-831D52779DD0

officials. If the Indemnitor is a sole officer corporation, single member LLC, or any other entity where only one individual is authorized to sign on behalf
of the entity, only one signature is required. Please provide the entity’s federal tax identification number on the line provided. Notwithstanding any of the
foregoing, failure to complete this Agreement in accordance with these instructions shall in no event affect the validity of this Agreement.
Each of the undersigned hereby affirms to Company as follows: I am a duly authorized official of the entity on whose behalf I am executing this
Agreement. In such capacity I am familiar with all of the documents which set forth and establish the rights which govern the affairs, power and authority
of such entity including, to the extent applicable, the certificate or articles of incorporation, bylaws, corporate resolutions, and/or partnership, operating or
limited liability agreements of such business entity. Having reviewed all such applicable documents and instruments and such other facts as deemed
appropriate, I hereby affirm that such entity has the power and authority to enter into this Agreement and that the individuals executing this Agreement
on behalf of such entity are duly authorized to do so.

Indemnitor
By

(Federal Tax ID)
(Seal)
(Signature of Authorized Official)

(Type Name and Title)

(Date)

(Seal)
(Signature of Authorized Official)

(Type Name and Title)

(Address)

(Date)

(State of Incorporation / Formation)

If Indemnitor is an individual, sign below:
Instructions: Signatures of individual Indemnitors must be dated with names typed on the line provided. Individual Indemnitors must include their
residential address and Social Security Number. Notwithstanding any of the foregoing, failure to complete this Agreement in accordance with these
instructions shall in no event affect the validity of this Agreement.

Indemnitor – Individual

(Signature)

Indemnitor – Individual

(Type Name)

Indemnitor – Individual

(Signature)

Indemnitor – Individual

(Type Name)

Indemnitor – Individual

(Signature)

Indemnitor – Individual

(Type Name)

Indemnitor – Individual

(Signature)

Indemnitor – Individual

(Type Name)

S-4143A DS (04-22)

(Date)

Address

SS#

(Date)

Address

SS#

(Date)

Address

SS#

(Date)

Address

SS#

Page 4 of 4

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B. Wording of surety bond guaranteeing performance or payment.
(NOTE: instructions in parentheses are to be replaced with the relevant information and the
parentheses deleted.)
PERFORMANCE OR PAYMENT BOND
Date bond executed: __________
Effective date: __________
Principal: (legal name and business address) _____________
Type of organization: (insert "individual," "joint venture," "partnership," or "corporation")
_____________
State of incorporation: __________
Surety: (name and business address) _____________
Name, address, permit number, if any, and (closure, post-closure care, or corrective action) cost
estimate for the facility: _____________
Penal sum of bond: $________
Surety's bond number: __________
Know all men by these present, That we, the Principal and Surety hereto are firmly bound to the
Department of Environmental Quality, Commonwealth of Virginia, (hereinafter called the
Department) in the above penal sum for the payment of which we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally; provided that, where the
Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum
"jointly and severally" only for the purpose of allowing a joint action or actions against any or all
of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal,
for the payment of each sum only as is set forth opposite the name of such Surety, but if no limit
of liability is indicated, the limit of liability shall be the full amount of the penal sum.
Whereas, said Principal is required to have a permit from the Department of Environmental
Quality, Commonwealth of Virginia, in order to own or operate the (solid, regulated medical,
yard) waste management facility identified above, and
Whereas, said Principal is required to provide financial assurance for (closure, post-closure care,
corrective action) of the facility as a condition of the permit or an order issued by the department,
Now, therefore the conditions of this obligation are such that if the Principal shall faithfully
perform (closure, post-closure care, corrective action), whenever required to do so, of the facility

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identified above in accordance with the order or the (closure, post-closure care, corrective action)
plan submitted to receive said permit and other requirements of said permit as such plan and
permit may be amended or renewed pursuant to all applicable laws, statutes, rules, and
regulations, as such laws, statutes, rules, and regulations may be amended,
Or, if the Principal shall faithfully perform (closure, post-closure care, corrective action)
following an order to begin (closure, post-closure care, corrective action) issued by the
Commonwealth of Virginia's Department of Environmental Quality or by a court, or following a
notice of termination of the permit,
Or, if the Principal shall provide alternate financial assurance as specified in the Department's
regulations and obtain the director's written approval of such assurance, within 90 days of the
date notice of cancellation is received by the Director of the Department of Environmental
Quality from the Surety, then this obligation will be null and void, otherwise it is to remain in
full force and effect for the life of the management facility identified above.
The Surety shall become liable on this bond obligation only when the Principal has failed to
fulfill the conditions described above. Upon notification by the Director of the Department of
Environmental Quality, Commonwealth of Virginia, that the Principal has been found in
violation of the requirements of the Department's regulations, the Surety must either perform
(closure, post-closure care, corrective action) in accordance with the approved plan and other
permit requirements or forfeit the (closure, post-closure care, corrective action) amount
guaranteed for the facility to the Commonwealth of Virginia.
Upon notification by the Director of the Department of Environmental Quality, Commonwealth
of Virginia, that the Principal has been found in violation of an order to begin (closure, postclosure care, corrective action), the Surety must either perform (closure, post-closure care,
corrective action) in accordance with the order or forfeit the amount of the (closure, post-closure
care, corrective action) guaranteed for the facility to the Commonwealth of Virginia.
The Surety hereby waives notification of amendments to the (closure, post-closure care,
corrective action) plans, orders, permit, applicable laws, statutes, rules, and regulations and
agrees that such amendments shall in no way alleviate its obligation on this bond.
For purposes of this bond, (closure, post-closure care, corrective action) shall be deemed to have
been completed when the Director of the Department of Environmental Quality, Commonwealth
of Virginia, determines that the conditions of the approved plan have been met.
The liability of the Surety shall not be discharged by any payment or succession of payments
hereunder, unless and until such payment or payments shall amount in the aggregate to the penal
sum of the bond, but the obligation of the Surety hereunder shall not exceed the amount of said
penal sum unless the Director of the Department of Environmental Quality, Commonwealth of
Virginia, should prevail in an action to enforce the terms of this bond. In this event, the Surety
shall pay, in addition to the penal sum due under the terms of the bond, all interest accrued from
the date the Director of the Department of Environmental Quality, Commonwealth of Virginia,

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first ordered the Surety to perform. The accrued interest shall be calculated at the judgment rate
of interest pursuant to § 6.2-302 of the Code of Virginia.
The Surety may cancel the bond by sending written notice of cancellation to the owner or
operator and to the Director of the Department of Environmental Quality, Commonwealth of
Virginia, provided, however, that cancellation cannot occur (1) during the 120 days beginning on
the date of receipt of the notice of cancellation by the director as shown on the signed return
receipt; or (2) while an enforcement action is pending.
The Principal may terminate this bond by sending written notice to the Surety, provided,
however, that no such notice shall become effective until the Surety receives written
authorization for termination of the bond by the Director of the Department of Environmental
Quality, Commonwealth of Virginia.
In witness whereof, the Principal and Surety have executed this Performance Bond and have
affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute
this surety bond on behalf of the Principal and Surety and I hereby certify that the wording of
this surety bond is identical to the wording specified in 9VAC20-70-290 B of the Financial
Assurance Regulations for Solid Waste Disposal, Transfer, and Treatment Facilities as such
regulations were constituted on the date shown immediately below.
Principal
Signature(s): __________
Name(s) and Title(s): (typed)__________
Corporate Surety
Name and Address: __________
State of Incorporation: __________
Liability Limit: $___
Signature(s): __________
Name(s) and Title(s): (typed)__________
Corporate Seal:

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Board of Supervisors

Action Item C-1 – C-8
Presenter: Administrator

137 Highland Drive
Lebanon, VA 24266
Meeting: 11/2/26

6:00 PM

County Administrator Reports & Requests
REPORTS
1. Russell County Road Reporting System……………………………………………C-1
2. VDOT Monthly Road System Report………..……………………………………….C-2
3. County & PSA Project Listing…………………………………………………………C-3
4. DEQ & DCR Environmental Impact Report (EIR) for the Pinnacle Natural
Area Preserve Suspension Bridge Access Improvements………………………C-4
REQUESTS
5. RC Resolution Requesting Amendment to §15.2-4904 of the Code of
Virginia (Removal of Special Provision Allowing Nine Appointees)..………….C-5
6. RC Honaker & Castlewood Canneries Season Closure…………………………..C-6
7. RC Turkey Vouchers – County Food Pantries & Employee Request…………..C-7
8. Fire Departments Tow Services Request.…………………………………………...C-8
STAFF RECOMMENDATION(s):
Board Discretion.
SUGGESTED MOTION(s):
Board Discretion.

Page 33 of 83

Russell County BOS
VDOT Update
October 21, 2026 (for November 2, 2026 Meeting)
Board Action Requests
The Residency requests the minutes and / or resolution(s) the Board passed regarding disposition of the
school routes listed in the Residency request for the October Board meeting.

Maintenance Activities – Underway / Completed
Maintenance activities completed over the past month include:
•

Drainpipe cleaning and ditching were completed on portions of Castle Run and Route 607.

•

Roadside mowing efforts continue with most of the efforts focusing on remaining sight-distance
concerns and a few routes receiving the final cut for the season.

•

Brush cutting / removal was conducted at various locations on the following routes: 600, 616,
632, 640, 645, 665, 744, 745 and 834. .

•

Graded multiple stabilized routes across the County.

•

Crew members countywide conducted dead animal removal on various routes

•

Pothole patching was conducted on multiple routes across the County.

•

Crews removed debris from numerous routes including 67, 71, 80, 603, 607, Artrip
Road, Hurricane Fork Road, Quarry Road, Sawmill Hollow, Settle Lane and
Thacker’s Branch.

•

Pipe replacement and slope / erosion repairs were completed on Route 607.

Maintenance Activities – Planned
•

Ditching at various locations throughout the County.

•

Third round of primary route roadside mowing along with continuation of mowing on secondary routes.

•

Pothole patching – Pothole patching activity continues as workload / weather allows. (Mowing
activities on the primary routes will require near 100% of AHQ staff to complete – thus pothole
patching will be reduced while primary route mowing is being completed.)

•

Brush cutting on various routes in the County.

Residency staff stand ready to respond to inquiries and provide explanations but also offer the 1800-FORROAD call to enter work order requests into VDOT's tracking system.

Page 34 of 83

Road Improvement Projects
Rural Rustic Projects (6 Year Secondary Plan Projects)
•

Route 746 (Stoney Point) – This project is now complete.

•

Route 801 (Steel Hollow) - Paving has been completed on this project.

•

Route 867 (Glade Hollow Road) – Paving has been completed on this project.

Recreational Access Funded Projects
•

Ditching, minor widening and roadbed work is complete on Route 1207 – Tank Hollow Road. Paving
of the road is included in the funding for the project. The Residency has communicated with AEP
regarding potential relocation of utility poles along the roadway. AEP has indicated it may be possible
to move the poles away from the road. This will require AEP to acquire multiple easements. This effort
is impacting the time frame for paving operations on the route. Residency staff will continue
coordination with AEP.
The Residency plans on paving the first 0.04 miles of the road – the slope down from the church this fall.

Coal Severance Tax Funded
•

Drainage improvements at the intersection of Routes 633 / 635 (Clarks Valley Road and Maple Gap
Road). Based on the status of asphalt operations in the Residency, it is anticipated to be completed in
September.

•

Paving approximately ½ mile of Route 611 (Ervintown Road - ditching & pipe work was completed last
summer.) Paving has been completed on this project.

•

Improvements to approximately ½ mile of Route 693 (Redbud Road). Paving has been completed on
this project.

Redbud road – near intersection with Route 604 (Copper Ridge Road)

Page 35 of 83

Stoney Point Road (Approximately 0.15 miles from Rt 71)

Construction Projects
Utility relocation has been initiated for the Sundown Drive turn lane improvements.
Recreational Access Road Project Application
Residency staff continue working in conjunction with VDOT Central Office staff regarding possible
improvements to Route 798 (River Front Drive). Based on communication the week of 4/20, it appears the
route is eligible for Recreational Access Funding. The road is 0.21 miles long and serves the Nash’s Ford
boat launch near Nash’s Ford Baptist Church.

Non — VDOT Projects
Nothing to report –
Asphalt Overlay and Slurry Seal Schedules
The routes in Russell County scheduled for asphalt overlay and slurry / latex overlay this paving season are
included at the end of this report.
The slurry / latex overlay work is complete; work continues on the asphalt overlay schedule.
Asphalt Overlay

Road Name
US 19

Route
19 (R-VA US00019SB)

US 19

19 (R-VA US00019SB)

Milepost From
0 (Russell /
Washington Line)
21.23 INT 775

Milepost To
0.87 (Int 949)
23.71.10 MS Int 782

Page 36 of 83

US 19

19 (R-VA US00019NB)

US 19

19 (R-VA US00019SB)

US 19

19 (R-VA US00019NB)

US 19

19 (R-VA US00019NB)

ALT 58

11.53 (int 613)

11.441( Int 613)

14.571 (Int 614)

Swords Creek Road

58 (R-VA
US00058EBALT001)
ALT
58 (R-VA
US00058WBALT001)
ALT
67 (R-VA SR00067EB)

26.78 Russell /
Tazewell Line
14.66 (int 614)

0.1 (.10 ME 80)

3.24 (Int 636 (R)

Russell Co

71 (R-VA SR00071EB)

9.65 (Int Alt 58)

13.88 (int 614)

Russell Co

71 (R-VA SR00071EB)

13.88 (Int 614)

17 (WCL Lebanon)

Mountain Road

603 (RVA083SC00603EB)
611 (RVA083SC00611NB)
618 (RVA083SC00618EB)
762 (RVA083SC00762EB)
902 (RVA083SC00902EB)
903 (RVA083SC00903EB)
925 (RVA083SC00925NB)
657 (RVA083SC00657EB)
815 (RVA083SC00815EB)

4.38 (Int 644)

5.48 (Int. 705)

10.041 (Int 607)

11.51 (Dead End)

0 (Russell / Dickenson
Line)
0 (Dead End)

0.34 (End of
Pavement)
0.06 (Int 63)

0 (Int 903)

0.19 (Dead End)

0 (Int. 80)

0.3 (Dead End)

0 (Int 603)

0.57 (Dead End)

14.35 (.80 ME Int
805)
0 (Int 602)

16 (Int 656)

ALT 58

Burton’s Ford
Rabbit Ridge
Phillips Street
Rosedale Circle
Rosedale Heights
Knobbs Lane
Green Valley Road
Miracle Lane

1.24 (Apple Tree
Lane)
23.71(.10 MS Int 782)

2.5 Int 614
26.78
Russell/Tazewell
Line
23.81(Int 782)

22.57 (.15 MS Int
873)
23.81 (Int 782)

0.42 (ESM)

Paving Total Center Line Mileage 34.74

Slurry Overlay

Route
65
65

Road Name
Mew Road
Mew Road

Milepost From
3.14 (Int 611)
0 ( Scott/Russell)

Milepost To
5.85 (Int Alt 58)
3.14 (Int 611)

Page 37 of 83

604
605
628
645
646
647
651
652
653
654

Copper Ridge Road
Porter Hollow
Herald’s Valley Rd
New Garden Road
Tunnel Road
Campbell Hollow
Lewis Creek Rd
Chesnut Road
Lewis Creek Road
Pittston Road

4.59 (Int 609)
0 (Int 604)
6.62 (int 700)
5.53 (Int 82)
3.54 (Int 620)
0 (Int 646)
0 (Int 653)
0 (Int 640)
0 (Int 651)
0 (Int 657)

657
676

Green Valley Road
Clinch Mountain
Road
Wise Hollow Road
Willis Hollow Road
Church Street
Campbell Street
Barnett Hollow
Utah Lane
Ridge Run Lane
Pioneer Drive

6.24 (Int 19)
0 (Int 613)

697
747
750
750
754
790
817
841
857
864
865
912
914
1005
1006
1007
1008
1010
1055
1062
1063
1064
1065
1066
1068
1069
1071
1072
1083

Henry Kiser Road
Winchester Street
Luttie Banner Drive
Circle Drive
Boyd Street
Shady Lane
Linda Street
Crossridge Road
Rose Hill Drive
Miller Creek Acres
Scenic Drive
Rolling Meadows
Road
Rolling Meadows Rd
Warner Subdivision
Warner Street
Scenic Drive
Deer Run Road
Scenic Drive
Valley View Drive
Sunnyhill Drive

0 (Int 613)
0 (Int 667)
0 (Dead End)
.13 (Int 615)
0 (Int 615)
0 (Int 720)
0 (Dead End)
0 (Int 19)

8.54 (Int 58)
2.83 (Int 609)
7.2 (Int 665)
9.73 (Int 740)
6.92 (Int 637)
2.9 (Int 620)
4.46 (Int 645)
2.52 (Int 651)
1.23 (Int 716)
1.27 (Lebanon Corp.
Limits)
10 (Int 654)
2.6 (Int 677)

0 (Int 657)
0 (Int 615)
0 (Dead End)
0 (Int 912)
0 (Dead End)
0 (Int 674)
0 (Int 674)
0 (Cul-de-sac)
0 (Int 1006)
0 (Int 645)
0 (Dead End)
0 (Int 1068)
0 (Int 1064)

1.4 (Dead End)
0.9 (Dead End)
.11 (Int 615)
.23 (Dead End)
.05 (Dead End)
.7 (Dead End)
.5 (Int 841)
1.55(Lebanon Corp.
Limits)
.13 ( Dead End)
.2 (Int 866)
.21 (Int 615)
.74 (Int 694)
.13 (Int 615)
.15 (Cul-de-sac)
.23 (Cul-de-sac)
.2 (Int 1006)
.12 (Cul-de-sac)
.56 (Cul-de-sac)
.23 ( Int 657)
.03 (Dead End)
.1 (Int 657)

0 (Int 1065)
0 (Int 1087)
0 (Int 1065)
0 (Int 657)
0 (Dead end)
0 (Dead End)
0 (Dead End)
0 (Dead End)

.43 ( Dead End )
.35 (Int 657)
.11(Dead End)
.29 (Int 1062)
.5 (Int 657)
.13 (Int 1068/1062)
.1 (Int 1071)
.1 (Int 657)

Page 38 of 83

1087
1088

Warner Subdivision
Warner Subdivision

0 (int 1088)
0 (Dead End)

Slurry overlay center line miles total 50.03

.05 (Int 1065)
.1 ( Int 1087)

Page 39 of 83

COUNTY PROJECTS
ACTIVITY LIST
COMPLETED PROJECTS
1. Commonwealth Attorney Offices- Paint, Carpet, Drop Ceilings – Completed.
2. Cleveland Community Center – Remodel – Due to Flood - Completed.
3. Swords Creek Community Center – Floor Replaced - Completed.
4. Court Services Division – Paint, Carpet, and Drop Ceiling – Completed.
5. Sheriff/911 Offices – Lighting Project – Completed.
6. Library – Bathrooms Renovation – Completed.
7. Cannery Seasonal Equipment Updates – Completed.
8. Fire Department Generators – Completed.
9. Community Center Generators – Propane, & AEP Connection - Completed.
10. RC Circuit Court Clerk Record Room – Completed..

IN-PROGRESS PROJECTS
11. RC Animal Shelter Project - Permits, Space Design, Equipment, and painting – In Progress.
12. RC Disposal Sites – In Progress.
13. Cleveland Community Center – Playground Equipment & Walking Trail – In Progress.

Page 40 of 83

RUSSELL COUNTY PUBLIC SERVICE AUTHORITY
137 Highland Drive, Suite E
LEBANON, VIRGINIA 24266

MEMORANDUM

276-991-0200

Fax 276-991-0201

Date: October 2026
TO: Russell County Board of Supervisors
FROM: Russell County Public Service Authority (PSA)
SUBJECT: Capital Projects & Operations Status Update
1. Completed Capital Projects
• Tiller Trailer Park Water Line Extension: Project construction, asphalt paving,
and final site cleanup are fully completed.
• Straight Hollow Water Line Project: Paving is complete in full compliance with
Virginia Department of Transportation (VDOT) specifications.
2. Projects in Progress
• Belfast Phase 3 Generators: The generator units and automatic transfer
switches have arrived and are stored on site. Final installation and
commissioning are currently paused pending the delivery of remaining electrical
supply components.
3. Studies & Assessments
• Water Source Treatment Study: The engineering study is complete. The
finalized report is awaiting official review and approval by the PSA Board before
next steps are determined.
4. Projects Pending Update
• Nash Ford / Clinch Mountain Water Project: No change in status since the
previous reporting period.
• Dante to St. Paul Water Line Extension: No change in status since the
previous reporting period.

Page 41 of 83

Commonwealth of Virginia
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
www.deq.virginia.gov
David L. Bulova
Secretary of Natural and Historic Resources

Michael S. Rolband, PE, PWD, PWS Emeritus
Director

October 6, 2026
Kylan Shirley
Department of Conservation and Recreation
Via email: [email protected]
Dear Mr. Shirley:
Pursuant to Virginia Code section 10.1-1189 et seq., the Department of Environmental Quality has completed its
review of the Environmental Impact Report for the Pinnacle Natural Area Preserve Suspension Bridge Access
Improvements Project in Russell County, Virginia (Agency Code 199, DEQ 26-121S, Project Code 18577-008
(B41)). The Department's comments on this 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,

Megan Black, Environmental Impact Review Coordinator
Office of Environmental Impact Review and Renewable Energy Programs
Virginia Department of Environmental Quality
(804) 698-4099
[email protected]
Central Office
1111 East Main Street, Suite 1400
Richmond, Virginia 23219
804-698-4000
Enclosures
ec:

The Honorable Traci DeShazor
Jon Howe, DPB

Page 42 of 83

DCR Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project
Agency Code 199, DEQ #26-121S, Project Code 18577-008 (B41)

Sharon Lawrence, DOA
Allison Tillet, DCR
Arlene Fields, VDH
Samantha Henderson, DHR
Hannah Schul, DWR
Michael Coppa, DGS
Scotty Wampler, Cumberland Plateau PDC
Lonzo Lester, Russell County
April Lane, Rinker Design Associates

Page 43 of 83

Commonwealth of Virginia
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
www.deq.virginia.gov
David L. Bulova
Secretary of Natural and Historic Resources

Michael S. Rolband, PE, PWD, PWS Emeritus
Director

COMMENTS OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY
on the Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project, Department of
Conservation and Recreation, Russell County, Virginia (Agency Code 199, DEQ 26-121S, Project Code
18577-008 (B41)).
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. The Department has completed its review. The following agencies and locality joined in this
review:
Department of Environmental Quality
Department of Conservation and Recreation (DCR)
Department of Historic Resources (DHR)
Department of Wildlife Resources (DWR)
Department of General Services (DGS)
Department of Health (VDH)
Russell County
The Cumberland Plateau Planning District Commission was also invited to comment.
PROJECT DESCRIPTION
The Department of Conservation and Recreation (DCR) proposes to demolish existing access stairs and
construct new access stairs to the existing suspension bridge at the trailhead of the Pinnacle Natural Area
Preserve in Russell County, Virginia. The existing wood-framed stairs have deteriorated and are often
inundated by the rising waters of Big Cedar Creek during significant rain events, making the bridge
inaccessible and creating maintenance issues for staff. The project will extend a deck to the upstream side
of the existing suspension bridge tower and provide access to the parking lot with two sets of steps and a
flat walkway bridge over the pedestrian foot path. The stairs and access bridge will run parallel to the
suspension bridge and provide an observation platform. Site and soil disturbance will be limited to the
removal of existing pier foundations and excavation for new pier foundations. The new stair system will
be constructed with durable and corrosion resistant materials, which should be easily maintained, and will
not interfere with the existing footpath or vehicular access road. The base of the new stair system will be
located at the higher-elevation area of the parking lot.

CONCLUSION

Page 44 of 83

DCR Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project
Agency Code 199, DEQ #26-121S, Project Code 18577-008 (B41)

Reviewers did not identify any adverse impacts that cannot be mitigated. Based on comments submitted
by reviewers, DEQ has no objections to the project provided that all applicable laws, regulations, policies
and coordination needs in the enclosed comments are followed. Provided 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
resources. It will not affect species of animals, plants or insects listed by state agencies as rare, threatened
or endangered.
ENVIRONMENTAL IMPACTS AND MITIGATION
1. Erosion and Sediment Control and Stormwater Management. The EIR (page 9) states that the
applicant will implement and strictly adhere to applicable erosion and sediment control/stormwater
management laws and regulations.
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 (VESCL) (§ 62.1-44.15:51 et seq.);
Virginia Stormwater Management Act (VSMA) (§ 62.1-44.15:24 et seq.);
Virginia Erosion and Stormwater Management Regulation (VESMR) (9VAC25-875 et seq.) and
2024 General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges
of Stormwater from Construction Activities (9VAC25-875 et seq.).

In addition, DEQ is responsible for 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
approved Standards and Specifications, and if the project results in a land-disturbing activity of ≥10,000
square feet, the applicant must prepare a project specific Erosion and Sediment Control (ESC) plan and
submit to the appropriate DEQ Regional Office for review and approval. The ESC plan must be approved
prior to the initiation of land-disturbing activity at the project site. All regulated land disturbing activities
associated with future development, including on- and off- site access roads, staging areas, borrow areas,
stockpiles, and soil intentionally transported from the project site must be covered by the project-specific
ESC plan. The ESC plan must be prepared in accordance with the Virginia Erosion & Sediment Control
Law (VESCL) and Regulations (VESCR) and the most current version of the Virginia Stormwater
Management Handbook.
1(b)(ii) Stormwater Management Project-Specific Plans. For state-agency projects that involve a landdisturbing activity of ≥1 acre and if the state agency has no previously DEQ-approved Standards and
Specifications, the applicant must prepare a project-specific Stormwater Management (SWM) plan and
submit it for review and approval to the appropriate 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 Virginia Stormwater Management Law and Regulations (VSWML&R)
2

Page 45 of 83

DCR Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project
Agency Code 199, DEQ #26-121S, Project Code 18577-008 (B41)

and the Virginia Stormwater Management Program (VSMP) Permit Regulations. In accordance with
Consolidated ESC/SWM Regs. 9VAC25-875-10 et seq. individual plans, to the maximum extent
practicable, shall comply with any local VSMP authority's technical requirements. It shall be the
responsibility of the state agency to demonstrate that the local VSMP authority's technical requirements
are not practicable for the project under consideration.
1(b)(iii) Virginia Stormwater Management Program General VPDES Permit for Discharges of
Stormwater from Construction Activities (VAR10). The operator or owner of construction activities
involving land-disturbing activities of ≥1 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 and address water quality and quantity in
accordance with the VSMP Permit Regulations. General information and registration forms for the
general permit are available at DEQ Stormwater – Construction, under the “Construction General Permit
Fees & Forms” banner.
2. Air Quality. According to the EIR (page 7), the project is not likely to adversely affect air quality.
During construction, fugitive dust will be kept to a minimum. Once completed, the project activities will
not generate any air emissions.
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 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:
Fugitive dust control:
Permits for fuel-burning equipment:

9VAC5-130 et seq.
9VAC5-50-60 et seq.
9VAC5-80-1100 et seq.

2(b) Ozone Attainment Area. The proposed project site is not located within an ozone attainment or
emission control area.
2(c) Requirements.
3

Page 46 of 83

DCR Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project
Agency Code 199, DEQ #26-121S, Project Code 18577-008 (B41)

2(c)(i) Fugitive Dust. 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, of water or chemicals for dust control, however, do not use water for dust
control to the extent that it results in runoff to surface waters or wetlands;
Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty
materials;
Covering of open equipment for conveying materials; and
Prompt removal of spilled or tracked dirt or other materials from paved streets and removal of
dried sediments resulting from soil erosion.

2(c)(ii) Open Burning. If project activities include the burning of 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 applicant should contact local fire officials to determine what local
requirements, if any, exist. Some applicable provisions of the regulation include, but are not limited to:







Open burning or the use of special incineration devices for the destruction of clean burning waste
and debris waste resulting from clearing operations is prohibited from May 1 through September
30.
Open burning is permitted for forest management, agricultural practices, and highway
construction and maintenance programs approved by the board shall be at least 1,000 feet from
any occupied building unless the occupants have given prior permission, other than a building
located on the property on which the burning is conducted and the burning shall be attended at all
times.
Special attention should be directed to § 10.1-1142 of the Code of Virginia, which is enforced by
the Department of Forestry.
Special attention should also be directed to the regulations of the Virginia Waste Management
Board.
Follow the open burning prohibitions as outlined in 9VAC5-130-30.

3. Solid and Hazardous Wastes. The EIR (page 9) states that activities will comply with all applicable
local, state and federal regulations.
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 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 governing 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:
4

Page 47 of 83

DCR Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project
Agency Code 199, DEQ #26-121S, Project Code 18577-008 (B41)






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.

3(b) Agency Findings. The DEQ Division of Land Protection and Revitalization (DLPR) staff conducted
a review of its solid and hazardous waste database files, including petroleum releases, to identify waste
sites in close proximity to the project area (200-foot radius). DLPR search did not identify any waste sites
within the project area which might impact the project.
3(c) Requirements. Any soil that is suspected of contamination must be tested and disposed of in
accordance with applicable federal, state, and local laws and regulations. All solid wastes, hazardous
wastes, and hazardous materials, including construction and demolition wastes and universal wastes
(batteries, fluorescent lights, refrigerants, mercury switches, mercury thermostats, etc.), must be managed
in accordance with all applicable federal, state, and local environmental regulations.
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.
3(d) Agency Recommendations. DEQ encourages all projects and facilities to implement pollution
prevention principles, including:



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

3(d)(i) Above/Underground Storage Tanks (AST/UST). All necessary precautions should be taken to
avoid or minimize potential environmental/health risks. Report the installation, relocation, or removal of
any AST or UST to the appropriate DEQ Regional Office. For any petroleum-contaminated soil or
groundwater that is encountered during sub-surface phases of site work, contact the local Fire Marshall
with any personal safety concerns and report any such contamination to the Regional Office. The disposal
of contaminated soil and groundwater should be done in accordance with DEQ regulatory guidelines.
4. Natural Heritage Resources. According to the EIR (page 3), the applicant received project feedback
from DCR’s Division of Natural Heritage on June 10, 2026. The project site is located within the Clinch
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River: Russell Creek to Little River-Bob Hollow Stream Conservation Site (SCS). This SCS has been
giving a biodiversity significance ranking of B1, which represents a site of outstanding significance.
The Pinnacle Natural Area Preserve supports at least nine rare plant species. The current activity will not
affect any documented state-listed plants. All disturbance will be in areas of compacted gravel driveways,
walkways, or mowed grass. No previously undisturbed natural areas will be impacted. The project is also
situated on karst-forming carbonate rock and can be characterized by sinkholes, caves, disappearing
streams and large springs.
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 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 DNH reiterates its June 10, 2026 comments for the project that are included
and addressed in the EIR.
According to the information in DCR’s files, the Clinch River: Russell Creek to Little River - Bob
Hollow Stream Conservation Site (SCS) is located within the project area. SCSs encompass stream/river
reaches, waterbodies, and terrestrial contributing areas containing or associated with aquatic or semiaquatic resources, including upstream and downstream reaches and tributaries up to 3-km stream distance
from the aquatic resources. The size and dimensions of a SCS are based on the hydrology of the waterway
and surrounding landscape, taking into consideration dam locations and whether the waterway is tidal.
SCSs are given a biodiversity significance ranking (B-rank) based on the rarity, quality, and number of
element occurrences they contain. The Clinch River: Russell Creek To Little River - Bob Hollow SCS has
been given a B-rank of B1, which represents a site of outstanding significance. The natural heritage
resources associated with this SCS include the Slippershell Mussel, Ashy Darter, Hellbender,
Spectaclecase, Shiny Pigtoe, Fine-rayed Pigtoe, Skillet Clubtail, Green-faced Clubtail, Ohio Lamprey,
Spiny Riversnail, Mountain Shiner, River Redhorse, Mudpuppy, Bluebreast Darter, Golden Darter,
Mountain Madtom, Yellowfin Madtom, Stonecat, Little-winged Pearlymussel, Tangerine Darter,
Blotchside Logperch, Gilt Darter, Sickle Darter, Tennessee Clubshell, Tennessee Pigtoe, Slabside
Pearlymussel, Fragile Papershell, Fluted Kidneyshell, Sauger, Cherokee Clubtail, Loggerhead Musk
Turtle and Rabbitsfoot. Additionally, a Freshwater Mussel Concentration Area is associated with the
SCS.
In addition, this project is situated on karst-forming carbonate rock and can be characterized by sinkholes,
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caves, disappearing streams, and large springs. The Virginia DCR, Division of Natural Heritage karst
staff screened this project against the Virginia Speleological Survey (VSS) database, the Virginia
Department of Energy (VDE) sinkhole coverage, and other karst layers for documented sensitive karst
features. 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.
This project also intersects the karst Spelaea Screening layer and the Pinnacle Conservation Site.
However, based on a review by the Virginia DCR, Division of Natural Heritage karst staff and a DCR
biologist, no adverse impacts to the associated cave or conservation site resources are anticipated from the
proposed project.
Please note, a predictive model identifying potential habitat for early hairstreak (Erora laeta,
G2G3/S2/SOC/NL) intersects the project boundary. However, based on a DCR biologist’s review of the
proposed project a survey is not recommended for the resource.
This project is immediately adjacent to Big Cedar Creek, which has been designated as a scenic river in
the state of Virginia. More information about scenic rivers can be found here.
4(c) State-listed Plant and Insect Species. DCR states that the proposed project will not affect any
documented state-listed plants or insects.
4(d) State Natural Area Preserves. This project is completely within the Pinnacle State Natural Area
Preserve.
4(e) Agency Recommendations. New and updated information is continually added to Biotics. Please resubmit project information and map for an update on this natural heritage information if the scope of the
project changes and/or six months have passed before it is utilized.
4(e)(i) Aquatic Ecosystem. 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 legal status
of several of the species associated with this site, DCR also recommends coordination with the U.S. Fish
and Wildlife Service (USFWS) and DWR, Virginia's regulatory authority for the management and
protection of these species to ensure compliance with protected species legislation.
4(e)(ii) Karst. 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.
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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 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 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.
4(e)(iii) Pinnacle State Natural Area Preserve. DCR-DNH recommends continued coordination with
Claiborne Woodall, the Southwest Regional Steward Supervisor ([email protected],
276- 676- 5673).
5. Public Water Supply. The EIR (page 6) states that the project area is adjacent to Big Cedar Creek,
which is in the watershed of the Clinch River, in the Clinch and Powell River Basins. While Big Cedar
Creek is used as a drinking water source upstream and after its confluence with the Clinch River, the
project will not impact public drinking water supplies.
5(a) Agency Jurisdiction. The Virginia Department of Health (VDH) Office of Drinking Water reviews
projects for the potential to impact drinking water sources (groundwater wells, springs, and surface water
intakes) serving waterworks. VDH administers the Virginia Waterworks Regulations (12VAC5-590)
governing waterworks operation and construction and has primacy for the National Primary Drinking
Water Regulations (40 CFR § 141) and implements the National Secondary Drinking Water Regulations
(40 CFR § 143).
5(b) Agency Findings. There are no public groundwater wells within a 1-mile radius of the project site.
The following surface water intake is located within a 5-mile radius of the project site:
PWS ID Number
1167455

System Name
LEBANON, TOWN OF

Facility Name
BIG CEDAR CREEK INTAKE

The project is within the watershed of the following public surface water source:
PWS ID Number
1195700

System Name
ST PAUL, TOWN OF

Facility Name
CLINCH RIVER

5(c) Agency Recommendations. Best management practices should be employed, including erosion and
sedimentation controls and spill prevention controls and countermeasures on the project site. Materials
should be managed while on site and during transport to prevent impacts to nearby surface water.
5(d) Requirement. Any future potential impacts to public water drinking systems must be verified by the
local utility.
6. Pollution Prevention. DEQ’s Office of Pollution of Prevention hosts a number of programs and
initiatives that serve for non-regulatory assistance to businesses, institutions, and communities including
the Virginia Environmental Excellence Program and Virginia Green.
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DEQ offers several pollution prevention recommendations that may be helpful in constructing or
operating this facility:
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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 804-774-9076).
7. Pesticides and Herbicides. In general, when pesticides or herbicides must be used, their use should be
strictly in accordance with manufacturers’ recommendations. In addition, to the extent feasible, DEQ
recommends that the responsible agent for the project 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 at (804) 786-3501.
8. Floodplain Management. According to the EIR (pages 6-7), the project area is designated as Zone
A—Special Flood Hazard Area that has a 1% annual chance of flooding, commonly known as the 100year floodplain. Relocating the piers for the access stairs within the floodplain is unavoidable; however,
the piers will be designed to minimize impacts to the floodplain and meet structural design requirements.
8(a) Agency Jurisdiction.
8(a)(i) Department of Conservation and Recreation. The Department of Conservation and Recreation
(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 by its contractor, in floodplains shall be submitted to the
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locality and comply with the locally adopted floodplain management ordinance.
8(a)(ii) Department of General Services. The Department of General Services (DGS) Division of
Engineering and Buildings (DEB) reviews and makes recommendations to DCR for the construction and
reconstruction of buildings and structures on state-owned property within the 100-year and 500-year
floodplains. DCR is responsible for issuing permits to allow construction in a floodplain. The Division of
Engineering and Buildings is responsible for ensuring that construction documents for a building permit
comply with the building code and with DCR’s floodplain permit.
8(b) National Flood Insurance Program. According to the DCR Floodplain Management Program staff,
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 Zone X). All development within a Special Flood
Hazard Area (SFHA) or floodplain, as shown on the locality’s FIRM, must be permitted and comply with
the requirements of the local floodplain ordinance.
8(c) Agency Findings. DGS-DEB concurs with the report and finds that the project is located in Flood
Zone A.
8(d) Agency Recommendation. All agencies shall comply with the Code of Virginia, Chapter 6 on Flood
Protection and Dam Safety, with emphasis on the requirements of § 10.1-603 – State agency compliance.
The Virginia Flood Risk Information System (VFRIS) at DCR may be accessed to find flood zone
information.
8(e) Requirement. Pursuant to Section 2.1 of DCR’s Virginia Floodplain Management Standards,
compliance with the provisions of Section 1.1 shall be documented and provided in the form of a variance
permit by DCR to the applicant prior to preliminary design approval of a project by DGS-DEB.
9. Wildlife Resources. The EIR (page 4) states that several state-listed species are known or likely to
occur within a two-mile radius of the project site. The majority of these species are bat, bird, fish and
mussel species. Due to the nature of the project activities, which include no instream activity or tree
removal, no impacts to these species are anticipated.
9(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.
9(b) Agency Findings. Based on the scope and location of the proposed work, with no tree removal or instream work proposed, DWR does not anticipate it to result in significant adverse impacts upon listed
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species or designated resources under its jurisdiction.
9(c) Recommendations. To minimize overall impacts to wildlife and other natural resources, DWR
recommends that, during development activities, the applicant should:
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Avoid and minimize impacts to undisturbed forest, wetlands and streams to the fullest extent
practicable.
Relocate stream channels as opposed to filling or channelizing.
Use, and incorporate into the development plan, a natural stream channel design and forested
riparian buffers.
Maintain 100-foot-wide undisturbed, naturally vegetated buffers around all on-site wetlands and
on both sides of all perennial and intermittent streams.
Maintain wooded lots to the fullest extent possible.
Avoid the construction of stormwater management ponds and in-stream stormwater management
ponds.
Design stormwater controls to replicate and maintain the hydrographic condition of the site prior
to the change in landscape.
Utilize bioretention areas and minimize the use of curb and gutter in favor of grassed swales.
Adhere to a time of year restriction on all tree removal and ground clearing from March 15August 15 of any given year, protective of resident and migratory songbird nesting.
Adhere to erosion and sediment controls during ground disturbance.
Use erosion and sediment control matting made from natural/organic materials such as coir fiber,
jute and/or burlap.

10. Water Quality and Wetlands. The EIR (page 6) states that no wetlands were identified during onsite
investigations.
10(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 activities in state surface waters including
wetlands, and certain surface water withdrawals, diversion, and impoundments. It also may serve as
Section 401 Water Quality Certification of the federal licenses and permits under the Clean Water Act.
The VWP Permit Program is under the Office of Wetlands and Stream Protection, within the DEQ
Division of Water Permitting. Six DEQ regional offices perform permit application reviews and issue
permits or coverages for the covered activities.
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Clean Water Act Sections 404 and 401 (33 U.S.C. § 1251 et seq.);
Section 404(b)(i) Guidelines Mitigation Memorandum of Agreement (2/90) (40 CFR Part 230);
State Water Control Law, Chapter 3.1 of Title 62.1 of the Code of Virginia; and
State Water Control Board regulations 9VAC25-210 et seq.; 9VAC25-660 et seq.; 9VAC25-670
et seq.; 9VAC25-680 et seq; and 9VAC25-690 et seq.
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10(b) Agency Findings. No long-term adverse impacts to water quality are anticipated from this project.
10(c) Requirement. Potential short-term adverse impacts resulting from surface runoff due to
construction must be minimized. This can be achieved by using best management practices. DEQ requires
that all construction activities avoid and minimize impacts to surface waters including wetlands to the
maximum extent possible. Permanent and temporary impacts, to surface waters or wetlands including
conversion of wetlands from one Cowardin class to another will require prior approval by DEQ's Virginia
Water Protection Program (VWPP) and/or the U.S. Army Corps of Engineers.
10(d) Agency Recommendations. 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.
11. Historic and Archaeological Resources. The EIR (page 5) states that there are no known historic
structures, listed or eligible, within the immediate vicinity of the project area. According to the Virginia
Cultural Resource Information System, there are no documented archaeological sites within the project
footprint. This archive information was submitted to DHR as part of the project review application. DHR
responded and recommended a Phase I archaeological survey within project areas that will be subjected to
ground disturbance, as the project’s area of potential effect is archaeologically sensitive and has never
been subjected to an archaeological survey. DCR, after conversations with DHR, committed to providing
on-site archaeological monitoring by a Secretary of Interior-qualified archaeologist while work is being
carried out. DHR accepted this commitment to archaeological monitoring with the condition that a
monitoring report be prepared and submitted to DHR for review and comment once the project is
complete.
11(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) 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.
11(b) Agency Findings. DHR concurs with the information included in the EIR.
11(c) Requirement. As agreed to during prior coordination, DCR must complete the archaeological
monitoring by a Secretary of the Interior-qualified archaeologist while work is being carried out and
submit the resulting report to DHR’s Review and Compliance Division for review and comment.
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12. Local Government Review. Virginia Code §15.2-2202.A requires that the DEQ distribute a copy of
the submitted EIR to the chief administrative officer of every locality in which the project is proposed to
be located. The purpose of the distribution is to enable the locality to evaluate the proposed project for
environmental impact, consistency with the locality's comprehensive plan, local ordinances adopted
pursuant to this chapter and other applicable law and to provide the locality with an opportunity to
comment. DEQ is required to distribute the reports to localities, solicit their comments and consider their
responses in substantially the same manner as the department solicits and receives comments from state
agencies.
12(a) Russell County. County staff reviewed the EIR and had no comments.

REGULATORY AND COORDINATION NEEDS
1. Erosion and Sediment Control and Stormwater Management.
1(a) Erosion and Sediment Control Plan. The applicant is responsible for submitting a project-specific
erosion and sediment control (ESC) plan to the DEQ regional office for review and approval pursuant to
the local ESC requirements, if the project involves a land disturbing activity of ≥10,000 square feet.
Depending on local requirements, the area of land disturbance requiring an ESC plan may be less.
Coordinate with DEQ’s Southwest Regional Office (SWRO), Kelly Miller at (276) 676-4879 or
[email protected].
1(b) Stormwater Management Plan. The applicant must prepare a project-specific Stormwater
Management (SWM) plan and submit it for review and approval to the appropriate DEQ Regional Office,
if the project involves a land-disturbing activity of ≥1 acre. The Virginis Stormwater Management Permit
(VSMP) Authority may be DEQ or the locality. DEQ is the VSMP Authority for Bear Creek Lake State
Park, Holliday Lake State Park, James River State Park, Occoneechee State Park and Staunton River State
Park. Prince Edward County is the VSMP Authority for Twin Lakes State Park. For the Cedar Crest
Restroom Renovations, the county should be contacted with SWM questions. Inquiries for other project
components should be directed to the appropriate DEQ regional office. Coordinate with DEQ SWRO,
Kelly Miller at (276) 676-4879 or [email protected].
1(c) General Permit for Stormwater Discharges from Construction Activities (VAR10). The operator
or owner of a construction project involving land-disturbing activities ≥1 acre is required to register for
coverage under the General Permit for Discharges of Stormwater from Construction Activities and
develop a project-specific stormwater pollution prevention plan. Coordinate with DEQ SWRO, Kelly
Miller at (276) 676-4879 or [email protected].
2. Air Quality Regulations. Activities associated with future construction are subject to the fugitive dust
and open burning air regulations administered by DEQ. For more information regarding these
requirements, contact DEQ SWRO, Tracey Blalock at (276) 676-8848 or
[email protected].
3. Solid Waste and Hazardous Substances. Contact DEQ SWRO, Stacy Bowers (276-608-8777 or
[email protected]) for additional information regarding the requirements for removal and
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disposal of construction materials.
3(a) Asbestos-Containing Material. It is the responsibility of the owner or operator of a demolition
activity to thoroughly inspect the affected part of the facility prior to demolition for the presence of
asbestos, including Category I and Category II nonfriable asbestos-containing material. Upon
classification as friable or non-friable, all asbestos-containing material shall be disposed of in accordance
with the Virginia Solid Waste Management Regulations (9VAC20-80-640) and transported in accordance
with the Virginia regulations governing Transportation of Hazardous Materials (9VAC20-110-10 et seq.).
Contact the Department of Labor and Industry (Kevin Foster at 757-455-0891, ext. 473) for additional
information.
3(b) Lead-Based Paint. This project must comply with the U.S. Department of Labor, Occupational
Safety and Health Administration (OSHA) regulations and with the Virginia Lead-Based Paint Activities
Rules and Regulations. For additional information regarding these requirements, contact the Department
of Professional and Occupational Regulation at 804-367-8500.
4. Natural Heritage Resources. Follow DCR’s recommendations regarding the protection of aquatic
ecosystems and karst resources. 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. 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.
Continue coordination with Southwest Regional Steward Supervisor Claiborne Woodall at (276) 6765673 or [email protected].
Contact the DCR DNH (804-786-7951) to resubmit project information and a map for an update on
natural heritage information if the scope of the acquisition changes and/or six months have passed before
it is utilized.
5. Public Water Supply. Potential impacts to public water distribution systems as a result of future
construction must be verified by the local utility. Contact the Russell County Public Service Authority at
(276) 991-0200.
6. Floodplain Management. DCR must comply with the Code of Virginia, Chapter 6 on Flood
Protection and Dam Safety, with emphasis on the requirements of § 10.1-603 – State agency compliance.
The Virginia Flood Risk Information System (VFRIS) at DCR may be accessed to find flood zone
information. Compliance with the provisions of Section 1.1 shall be documented and provided in the form
of a variance permit by DCR to the applicant prior to preliminary design approval of a project by DGSDEB. For more information, contact John Swecker at (804) 371-0522 or [email protected].
7. Wildlife Resources. Follow DWR’s recommendations regarding development activities. For more
information regarding these recommendations, contact Environmental Services Biologist Nicole
Strawderman at (804) 367-2211 or [email protected].
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8. Water Quality and Wetlands. For additional information concerning DEQ’s recommendations or
permitting requirements, contact DEQ SWRO, David Nishida at (276) 698-7680 or
[email protected].
9. Historic and Archeological Resources. DCR must complete the archaeological monitoring by a
Secretary of the Interior-qualified archaeologist while work is being carried out and submit the resulting
report to DHR’s Review and Compliance Division for review and comment. For more information,
contact DHR Project Reviewer Adrienne Birge-Wilson at (804) 482-6092 or [email protected].

Page 58 of 83

David L. Bulova

Frank N. Stovall

Secretary of Natural and Historic Resources

Deputy Director
for Operations

Nikki Rovner

Darryl Glover

Director

Deputy Director for
Dam Safety,
Floodplain Management and
Soil and Water Conservation

Sarah Spota
Deputy Director

Laura Ellis
Deputy Director for
Administration and Finance

MEMORANDUM
DATE:

September 24, 2026

TO:

Megan Black , DEQ

FROM:

Rene’ Hypes, Natural Heritage Environmental Review Coordinator

SUBJECT:

DEQ 26-121S, Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project

Division of Planning and Recreation Resources
DCR’s Division of Planning and Recreational Resources (DCR-PRR) administers the Virginia Scenic Rivers
(Virginia Code § 10.1-200), state trails programs (Virginia Code §10.1-204), and the state park master planning
process (Virginia Code §10.1-200.1). DCR-PRR develops the Virginia Outdoors Plan (VOP), the state’s
comprehensive outdoor recreation and open space plan (Virginia Code §10.1-200) and administers the stateassistance side of the Land and Water Conservation Fund (LWCF) https://www.dcr.virginia.gov/recreationalplanning/lwcf . The VOP recognizes the importance of scenery, natural landscapes, and access to recreational
opportunities for Virginians. To determine if the project may impact a LWCF protected area please consult the
VOP Mapper (https://www.dcr.virginia.gov/recreational-planning/vopmapper).
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.
DCR reiterates our June 10, 2026 comments for this project that are included and addressed in the Environmental
Impact Report (EIR).
“According to the information in our files, the Clinch River: Russell Creek to Little River - Bob Hollow Stream
Conservation Site (SCS) is located within the project area. SCSs encompass stream/river reaches, waterbodies,
and terrestrial contributing areas containing or associated with aquatic or semi-aquatic resources, including
upstream and downstream reaches and tributaries up to 3-km stream distance from the aquatic resources. The size
and dimensions of a SCS are based on the hydrology of the waterway and surrounding landscape, taking into
consideration dam locations and whether the waterway is tidal. SCSs are given a biodiversity significance ranking
(B-rank) based on the rarity, quality, and number of element occurrences they contain. The Clinch River: Russell
Creek To Little River - Bob Hollow SCS has been given a B-rank of B1, which represents a site of outstanding
significance. The natural heritage resources associated with this SCS are:
Alasmidonta viridis

Slippershell Mussel

G4G5/S1/NL/LE

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

A century of protecting Virginia’s natural and cultural treasures.
State Parks • Soil and Water Conservation • Planning and Recreation Resources
Natural Heritage • Dam Safety and Floodplain Management • Land Conservation • Public Safety and Law Enforcement

Page 59 of 83

Allohistium cinereum
Cryptobranchus alleganiensis
Cumberlandia monodonta
Fusconaia cor
Fusconaia cuneolus
Gomphurus ventricosus
Hylogomphus viridifrons
Ichthyomyzon bdellium
Io fluvialis
Lythrurus lirus
Moxostoma carinatum
Necturus maculosus
Nothonotus camurus
Nothonotus denoncourti
Noturus eleutherus
Noturus flavipinnis
Noturus flavus
Pegias fabula
Percina aurantiaca
Percina burtoni
Percina evides
Percina williamsi
Pleurobema oviforme
Pleuronaia barnesiana
Pleuronaia dolabelloides
Potamilus fragilis
Ptychobranchus subtentus
Sander canadensis
Stenogomphurus consanguis
Sternotherus peltifer
Theliderma cylindrica
Freshwater Mussel Concentration Area

Ashy Darter
Hellbender
Spectaclecase
Shiny Pigtoe
Fine-rayed Pigtoe
Skillet Clubtail
Green-faced Clubtail
Ohio Lamprey
Spiny Riversnail
Mountain Shiner
River Redhorse
Mudpuppy
Bluebreast Darter
Golden Darter
Mountain Madtom
Yellowfin Madtom
Stonecat
Little-winged Pearlymussel
Tangerine Darter
Blotchside Logperch
Gilt Darter
Sickle darter
Tennessee Clubshell
Tennessee Pigtoe
Slabside Pearlymussel
Fragile Papershell
Fluted Kidneyshell
Sauger
Cherokee Clubtail
Loggerhead Musk Turtle
Rabbitsfoot

G2G3/S1/SOC/NL
G3/S2/NL/NL
G2/S1/LE/LE
G1/S1/LE/LE
G1/S1/LE/LE
G4/S1/NL/NL
G4/S2S3/NL/NL
G3G4/S2/NL/NL
G1G2/S2/SOC/LT
G4/S2S3/NL/NL
G4/S2S3/NL/NL
G5/S2/NL/NL
G4/S2/NL/NL
G2/S1/SOC/LT
G4/S2S3/NL/NL
G1/S1/LT/LT
G5/S2/NL/NL
G1/S1/LE/LE
G4/S2S3/NL/NL
G2G3/S1/SOC/NL
G4/S2/NL/NL
G2/S1S2/LT/LT
G2G3/S2S3/PE/NL
G2G3/S2/PE/NL
G2/S2/LE/LE
G5/S1/NL/LT
G2?/S2/LE/LE
G5/S2S3/NL/NL
G3/S2/NL/NL
GNR/S2/NL/NL
G3/S2/LE/LE
G3/SNR/NL/NL

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 legal status of several of the species associated with this site, DCR
also recommends coordination with the U.S. Fish and Wildlife Service (USFWS) and VDWR, Virginia's
regulatory authority for the management and protection of these species to ensure compliance with protected
species legislation.
In addition, this project is situated on karst-forming carbonate rock and can be characterized by sinkholes, caves,
disappearing streams, and large springs. The Virginia DCR, Division of Natural Heritage karst staff screened this
project against the Virginia Speleological Survey (VSS) database, the Virginia Department of Energy (VDE)
sinkhole coverage, and other karst layers for documented sensitive karst features. This project has intersected 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 karst will help to reduce any potential impact to the karst, groundwater
and surface water resources as well as any associated fauna and flora.

Page 60 of 83

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.
This project also intersects the karst Spelaea Screening layer and the Pinnacle Conservation Site. However, based
on a review by the Virginia DCR, Division of Natural Heritage karst staff and a DCR biologist, no adverse
impacts to the associated cave or conservation site resources are anticipated from the proposed project.
Please note, a predictive model identifying potential habitat for early hairstreak (Erora laeta, G2G3/S2/SOC/NL)
intersects the project boundary. However, based on DCR biologist’s review of the proposed project a survey is not
recommended for the resource.
This project is immediately adjacent to Big Cedar Creek, which has been designated as a scenic river in the state
of Virginia. More information about scenic rivers can be found here: https://www.dcr.virginia.gov/recreationalplanning/srmain.
Please note, this project is completely within the Pinnacle State Natural Area Preserve. DCR-DNH recommends
continued coordination with Claiborne Woodall, the Southwest Regional Steward Supervisor
([email protected], 276- 676- 5673).
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 statelisted threatened and endangered plant and insect species. The current activity will not affect any documented
state-listed plants or insects.
New and updated information is continually added to Biotics. Please re-submit a completed order form and
project 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 Virginia Department of Wildlife Resources (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 at https://services.dwr.virginia.gov/fwis/ or contact
Susan Watson at [email protected].
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

Page 61 of 83

[email protected].”
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
All agencies and departments of the Commonwealth shall comply with the Code of Virginia § 10.1-603. State
agency compliance.
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.
To find flood zone information, use the Virginia Flood Risk Information System
(VFRIS): www.dcr.virginia.gov/vfris

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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:

Hannah Schul, VDWR
Wil Orndorff, DCR-Karst
Claiborne Woodall, DCR-Stewardship

Page 63 of 83

9/9/26, 3:05 PM

Inbox - Black, Megan (DEQ) - Outlook

Outlook
2026-09-09 DEQ #26-121S DCR Pinnacle Natural Area Preserve Suspension Bridge Access
Improvements Project
From Swecker, John (DGS) <[email protected]>
Date Wed 9/9/2026 2:58 PM
To

Black, Megan (DEQ) <[email protected]>

Ms. Black
Thank you for the opportunity to review the EIR for the Virginia Department of Conservation and
Recreation (DCR) project for the proposed replacement of the existing wood framed stair tower
that provides access to the existing cable suspension bridge over Big Cedar Creek at the
Pinnacle Natural Area Preserve in Russell County, Virginia DEQ #26-121S.
DGS/DEB concurs with the report and finds that the project is located in Flood Zones A. It
should be noted that pursuant to Section 2.1 of the Department of Conservation and
Recreation’s (DCR) Virginia Floodplain Management Standards, compliance with the provisions
of Section 1.1 shall be documented and provided in the form of a variance permit by DCR to the
applicant prior to preliminary design approval of a project by the Department of General
Services (DGS) Division of Engineering and Building (DEB)
All agencies and departments of the Commonwealth shall comply with the Code of Virginia,
Chapter 6 on Flood Protection and Dam Safety, with emphasis on the requirements of § 10.1603 - State agency compliance. DGS-DEB encourages all state agencies to become familiar
Code of Virginia, Chapter 6 on Flood Protection and Dam Safety and the Department of
Conservation and Recreation Floodplain Management Standards.
Regards,
John R. Swecker, P.E.
State Review Civil/Structural Engineer
Division of Engineering & Buildings
Department of General Services
Office: 804.371.0522 | Fax: 804.225.4709
1100 Bank St., Suite 600, Richmond, VA 23219
Webpage | Newsletter

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9/1/26, 2:14 PM

Inbox - Black, Megan (DEQ) - Outlook

Outlook
RE: NEW PROJECT DCR Pinnacle NAPS Bridge Access Improvements, DEQ 26-121S - DHR File 20254885
From Birge-wilson, Adrienne (DHR) <[email protected]>
Date Tue 9/1/2026 2:13 PM
To

Black, Megan (DEQ) <[email protected]>

Megan, as indicated in the EIR:
After discussions between DCR and DHR, DCR has committed to providing on-site
archaeological monitoring by a Secretary of Interior (SOI) Qualified archaeologist while
work is being carried out (DCR letter to DHR, dated 6/25/26 – Appendix B.3.2) DHR has
accepted this commitment to archaeological monitoring, with the condition that a
monitoring report be prepared and submitted to DHR for review and comment once the
project is complete (DHR email dated 7/21/26 – Appendix B.3.2).
With the condition that DCR complete the archaeological monitoring by a Secretary of Interior
(SOI) Qualified archaeologist while work is being carried out and submit the resulting report to
our office for review and comment; DHR can recommend this EIR for the SOA’s signature.
V/R,

Adrienne Birge-Wilson
Review and Compliance Senior Project Reviewer
Department of Historic Resources
Email [email protected]
Phone 804-482-6092

From: Henderson, Samantha (DHR) <[email protected]>
Sent: Tuesday, September 1, 2026 10:41 AM
To: Birge-wilson, Adrienne (DHR) <[email protected]>
Subject: FW: NEW PROJECT DCR Pinnacle NAPS Bridge Access Improvements, DEQ 26-121S

Samantha Henderson
Director of Review and Compliance
Department of Historic Resources
Email [email protected]
Phone 804-482-6088

From: Fulcher, Valerie (DEQ) <[email protected]>
Sent: Tuesday, August 25, 2026 4:53 PM
To: dgif-ESS Projects (DWR) <[email protected]>; DCR-PRR Environmental Review (DCR)
<[email protected]>; odwreview (VDH) <[email protected]>; Henderson, Samantha (DHR)
<[email protected]>; capout (DGS) <[email protected]>;
[email protected]; Scotty Wampler <[email protected]>; Churchill, Nikolas (DEQ)
<[email protected]>; Lovain, Ava (DEQ) <[email protected]>; Angueira, Antony (DEQ)
<[email protected]>; Robertson, Cynthia (DEQ) <[email protected]>
https://outlook.office.com/mail/inbox/id/AAQkAGY0N2E4MDBhLTliNTgtNDdhMi1hMmZiLWY5N2JiODExYWI2YwAQAKvjhiImWEBGtFHnmPJcHDU%3D

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Page 65 of 83

9/22/26, 4:49 PM

Inbox - Black, Megan (DEQ) - Outlook

Outlook
ESSLog# 47157_DEQ 26-121S_DCR Pinnacle NAPS Bridge Access Improvement Project Russell
County_DWR_NBS20260922
From Strawderman, Nicole (DWR) <[email protected]>
Date Tue 9/22/2026 1:28 PM
To

Black, Megan (DEQ) <[email protected]>

Schul, Hannah (DWR) <[email protected]>

Megan,
We have reviewed the project that proposes to improve the suspension bridge access at Pinnacle
Natural Area Preserve in Russell County.
Based on the scope and location of the proposed work, with no tree removal or in-stream work
proposed, we do not anticipate it to result in significant adverse impacts upon listed species or
designated resources under our jurisdiction.
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.
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.
Thank you,
Nicole
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Inbox - Black, Megan (DEQ) - Outlook

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Page 67 of 83

MEMORANDUM
TO:

Megan Black, DEQ/EIR Environmental Program Planner

FROM:

Nikolas I. Churchill, Division of Land Protection & Revitalization Review
Coordinator

DATE:

August 31, 2026

COPIES:

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

SUBJECT:

Environmental Impact Review: 26-121S Pinnacle Natural Area Preserve
Suspension Bridge Access Improvements Project in Russell County, Virginia.

The Division of Land Protection & Revitalization (DLPR) has completed its review of the
Department of Conservation and Recreation’s August 25, 2026 EIR for 26-121S Pinnacle
Natural Area Preserve Suspension Bridge Access Improvements Project 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.

Page 68 of 83

PROJECT SPECIFIC COMMENTS
Solid and hazardous waste issues were addressed, but the report did not include a search of
waste-related databases.
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 2081-620 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 Nikolas Churchill by phone
at (804) 659-2663 or email [email protected].

Page 69 of 83

9/21/26, 3:40 PM

Inbox - Black, Megan (DEQ) - Outlook

Outlook
FW: NEW PROJECT DCR Pinnacle NAPS Bridge Access Improvements, DEQ 26-121S
From Sexton, Connor (DEQ) <[email protected]>
Date Mon 9/21/2026 3:25 PM
To

Black, Megan (DEQ) <[email protected]>

DEQ-OSWM <[email protected]>

Good afternoon Megan,
Here is the following OSWM comment for 26-121S:
The plan details reference the Virginia Erosion & Sediment Control Handbook (VESCH). This
has been repealed and subsequently replaced by the Virginia Stormwater Management
Handbook (VSMH).
(a) Erosion and Sediment Control Project-Specific Plans. If the state agency has no
previously DEQ-approved Standards and Specifications and the project results in a landdisturbing activity of ≥10,000 square feet (≥2,500 square feet in a Chesapeake Bay
Preservation Area or locality thresholds when they are more stringent than state requirements),
the applicant must prepare a project-specific Erosion and Sediment Control (ESC) plan and
submit it to the DEQ Regional Office for review and approval. The ESC plan must be approved
prior to the initiation of 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 Virginia
Erosion and Sediment Control Law and Regulations (VESCL&R) and the most current version
of the Virginia Stormwater Management Handbook.
(b) Stormwater Management Project-Specific Plans. For state-agency projects that involve
a land-disturbing activity of ≥1 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 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 Virginia
Stormwater Management Law and Regulations (VSWML&R) and the Virginia Stormwater
Management Program (VSMP) Permit Regulations. In accordance with Consolidated
ESC/SWM Regs. 9VAC25-875-10 et seq. individual plans, to the maximum extent practicable,
shall comply with any local VSMP authority's technical requirements. It shall be the
responsibility of the state agency to demonstrate that the local VSMP authority's technical
requirements are not practicable for the project under consideration.
(c) General Permit for Stormwater Discharges from Construction Activities (VAR10). The
owner/operator of projects involving land-disturbing activities of ≥ 1 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.
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Inbox - Black, Megan (DEQ) - Outlook

The SWPPP must address water quality and quantity in accordance with the VSMP
Permit Regulations.
General information and registration forms for the general permit are available at DEQ
Stormwater - Construction, under the “Construction General Permit Fees & Forms” banner.
[Reference: Virginia Stormwater Management Act 62.1-44.15 et seq.; Consolidated ESC/SWM
Regulations. 9VAC25-875-10 et seq]
Please let me know if you have any questions or comments.
Thank you!
Connor Sexton

Standards & Specifications Coordinator
Office of Stormwater Management
Virginia Department of Environmental Quality
1111 E. Main St., Suite 1400
Richmond, VA 23219
(804) 718-8973

From: Fulcher, Valerie (DEQ) <[email protected]>
Sent: Tuesday, August 25, 2026 4:53 PM
To: dgif-ESS Projects (DWR) <[email protected]>; DCR-PRR Environmental Review (DCR)
<[email protected]>; odwreview (VDH) <[email protected]>; Henderson, Samantha (DHR)
<[email protected]>; capout (DGS) <[email protected]>;
[email protected]; Scotty Wampler <[email protected]>; Churchill, Nikolas (DEQ)
<[email protected]>; Lovain, Ava (DEQ) <[email protected]>; Angueira, Antony (DEQ)
<[email protected]>; Robertson, Cynthia (DEQ) <[email protected]>
Cc: Black, Megan (DEQ) <[email protected]>
Subject: NEW PROJECT DCR Pinnacle NAPS Bridge Access Improvements, DEQ 26-121S

Good afternoon- this is a new OEIR review request/project:
Document Type: Environmental Impact Review
Project Sponsor: Department of Conservation and Recreation
Project Title: Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project
Location: Russell County
Project Number: DEQ #26-121S
The document is available at https://www.deq.virginia.gov/business-construction/environmentalimpact-review/oeir-project-review-documents.
The due date for comments is SEPTEMBER 24, 2026. You can send your comments either directly to
MEGAN BLACK 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 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
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9/30/26, 12:36 PM

Inbox - Black, Megan (DEQ) - Outlook

Outlook
Re: NEW PROJECT DCR Pinnacle NAPS Bridge Access Improvements, DEQ 26-121S
From Lonzo Lester <[email protected]>
Date Wed 9/30/2026 12:35 PM
To

Black, Megan (DEQ) <[email protected]>

Scotty Wampler <[email protected]>

CAUTION: This Email originated from OUTSIDE of the COV. Do not open attachments or click
links unless this email comes from a known sender and you know the content is safe..
Megan,
After reviewing the DCR Pinnacle NAPS Bridge Access Improvements, DEQ 26-121S, the County has no
comments concerning the EIR.
Sincerely,

Lonzo Lester, MBA, VCO, CPC
County Administrator
Russell County Board of Supervisors
137 Highland Drive, Suite A
Lebanon, VA 24266
Office: 276.889.8000
Cell: 276.880.4396
[email protected]

www.russellcounty.us

On Wed, Sep 30, 2026 at 9:58 AM Black, Megan (DEQ) <[email protected]> wrote:

Good morning! As a reminder, if you have any comments on this project, please submit them ASAP.
Thank you!
Megan

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Commonwealth of Virginia
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
www.deq.virginia.gov
David L. Bulova
Secretary of Natural and Historic Resources

Michael S. Rolband, PE, PWD, PWS Emeritus
Director

September 23, 2026
Kylan Shirley, AIA, LEED AP
Virginia Department of Conservation & Recreation
600 E Main St, 17 Fl
Richmond, VA 23219
Re: Pinnacle Area Natural Preserve Suspension Bridge Access Improvements Project
Dear Mr. Shirley,
Thank you for submitting this proposal to the Virginia Department of
Environmental Quality for the Pinnacle Area Natural Preserve Suspension Bridge Access
Improvements Project, which is located near the town confluence of the Clinch River and Big
Cedar Creek in Russell. Project activities will include demolishing the existing access stairs and
constructing a new stair system at a higher elevation near the parking area that avoids conflicts
with existing footpaths and the access road. The new system will use durable, corrosion-resistant
materials and feature a deck, two stair sets, and a flat walkway parallel to the suspension bridge,
also creating an observation platform. Site disturbance will be limited to removing old pier
foundations and excavating for new ones.
This proposed project area is in the watershed of the Clinch River, in the Clinch and Powell
River Basins (Clinch River Subbasin) adjacent to Big Cedar Creek, Class IV, Section 2 which is
assessed as Fully Supporting of Aquatic Life, and Not Supporting of Recreation due to high
levels of E. coli bacteria. For more information, please contact regional TMDL Coordinator
Rachel Herrmann at (276) 698-7393 or email [email protected].
The following discussion is provided as a guideline of programs administered by the Department
of Environmental Quality (DEQ) and other agencies of the Commonwealth, which could be
applicable to the proposed action. Final determination concerning potential impacts on these
programs rests with DEQ’s Southwest Regional Office and the appropriate agency administering
each program. It is the responsibility of the applicant to coordinate development with these
agencies.
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

Page 73 of 83

September 23, 2026
Pinnacle Area Natural Preserve Suspension Bridge Access Improvements Project
quality, wetlands, historic structures, fish wildlife, and species of plants, animals, or insects listed
by state agencies as rare, threatened, or endangered.
1. 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.
2. 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/permits/water/stormwaterconstruction. 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 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/permits/water/stormwaterconstruction. Please contact Kelly Miller at our Southwest Regional Office at (276) 676-4879 or
email [email protected] for more information.
2

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September 23, 2026
Pinnacle Area Natural Preserve Suspension Bridge Access Improvements Project
Stormwater discharges associated with industrial activity may require permitting based on the
nature of the industrial activity and the Standard Industrial Code associated with the facility.
Information, permit application, and regulations on our industrial stormwater permitting program
are available online at: https://www.deq.virginia.gov/permits/water/stormwater-industrial. Please
contact David Nishida at our Southwest Regional Office at (276) 698-7680 or email
[email protected] for more information.
3. 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. 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) 6768848 or email [email protected].
Some emission units may require an air quality permit prior to beginning actual
construction. Examples of units that may require permitting can include, but are not limited to,
boilers, space heaters, furnaces, incinerators, engines, emergency generators, or other gaseous,
liquid, or solid fuel-fired equipment. A construction and operation permit in accordance with
9VAC5-80, Article 6
(https://www.deq.virginia.gov/home/showpublisheddocument/4530/6380464080910300
00) can be obtained by submitting a complete permit application to DEQ. The Form 7
permit application is available at https://www.deq.virginia.gov/permits/air/forms.. In addition to
permitting requirements, other state and federal regulations may apply to fuel burning equipment
units. The Southwest Regional Office contact for air quality permitting is Rob Feagins at (276)
608.8506, or email [email protected].
4. 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.
5. Pesticides and Herbicides. DEQ recommends that the use of herbicides or pesticides for
construction or landscape maintenance should be in accordance with the principles of integrated
pest management. The least toxic pesticides that are effective in controlling the target species
should be used. Please contact the Virginia Department of Agriculture and Consumer Services
at (804) 786-3501 for more information.
6. Pollution Prevention. DEQ recommends that construction projects incorporate the
principles of pollution prevention including the following recommendations:
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September 23, 2026
Pinnacle Area Natural Preserve Suspension Bridge Access Improvements Project
•
•
•
•

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.
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].
7. 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 Eric Seavey at (804) 754-6250 or
[email protected] or visit DEQ’s website at
https://www.deq.virginia.gov/permits/water/water-withdrawal
8. Energy Conservation. Structures should be planned and designed to comply with state and
federal guidelines and industry standards for energy conservation and efficiency. For example,
energy efficiency of any structures can be enhanced by maximizing the use of the following
• thermally-efficient building shell components (roof, wall, floor, and insulation);
• high efficiency heating, ventilation, air conditioning systems; and
• high efficiency lighting systems.
Gerald Wilkes of Virginia Energy can be contacted at (434) 951-6364 for assistance in meeting
this challenge.
9. Natural Heritage Resources. The Department of Conservation and Recreation’s Division of
Natural Heritage (DNH) can search its Biotics Data System (BDS) 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 animal and plant species, unique or
exemplary natural communities, and significant geologic communities.
Under a Memorandum of Agreement established between the Virginia Department of
Agriculture and Consumer Services (VDACS) and the Department of Conservation and
Recreation (DCR), DCR has the authority to report for VDACS on state-listed plant and insect
4

Page 76 of 83

September 23, 2026
Pinnacle Area Natural Preserve Suspension Bridge Access Improvements Project
species. We recommend that the DNH be contacted at (804) 786-7951, to secure updated
information on natural heritage resources before the project is implemented.
10. Wildlife Resources. The 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.C. sections
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
http://dwr.virginia.gov/wies/environmental-services or contact [email protected]
and [email protected].
11. Historic and Archaeological Resources. Section 106 of the National Historic and
Preservation Act of 1966, as amended, requires that activities that receive federal funding must
consider effects to properties that are listed or eligible for listing on the National Register of
Historic Places. The Department of Historic Resources (DHR) conducts reviews of projects to
determine their effect on historic structures or cultural resources. If applicable, contact DHR. In
the event that archaeological resources are encountered during construction, immediately contact
Adrienne Birge-Wilson at (804) 482-6092.
12. Waterworks Operation. Installation of new water lines and appurtenances must comply
with the State’s Waterworks Regulations. The Virginia Department of Health administers both
federal and state laws governing waterworks operation. For more information, contact
[email protected].
13. 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/ourprograms/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.

Page 77 of 83

September 23, 2026
Pinnacle Area Natural Preserve Suspension Bridge Access Improvements Project
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 Cindy
Robertson (276) 698-8546.
Sincerely,

Jeffrey L. Hurst, Regional Director
Virginia Department of Environmental Quality
(276) 676-4804
[email protected]
Southwest Regional Office
355-A Deadmore St., Abingdon VA 24210
(276) 676-4800
cc.

file

Page 78 of 83

9/15/26, 3:33 PM

Inbox - Black, Megan (DEQ) - Outlook

Outlook
RE: NEW PROJECT DCR Pinnacle NAPS Bridge Access Improvements, DEQ 26-121S
From Fields, Arlene (VDH) <[email protected]>
Date Tue 9/15/2026 1:15 PM
To

Black, Megan (DEQ) <[email protected]>

Project: 26-121S
Project Name: DCR Pinnacle Natural Area Preserve Suspension Bridge Access Improvements Project
UPC #: N/A
Location: Russell County
VDH – Office of Drinking Water has reviewed the above project. Below are our comments as they relate to
proximity to public drinking water sources (groundwater wells, springs and surface water intakes). Potential
impacts to public water distribution systems or sanitary sewage collection systems must be verified by the local
utility.
There are no public groundwater wells within a 1-mile radius of the project site.
The following surface water intakes are located within a 5-mile radius of the project site:
PWS ID
Number
System Name
Facility Name
1167455 LEBANON, TOWN OF
BIG CEDAR CREEK INTAKE
The project is within the watershed of the following public surface water sources:
PWS ID
Number
System Name
Facility Name
1195700 ST PAUL, TOWN OF
CLINCH RIVER
Best Management Practices should be employed, including Erosion & Sedimentation Controls and Spill Prevention
Controls & Countermeasures on the project site.
Materials should be managed while on site and during transport to prevent impacts to nearby surface water.
The Virginia Department of Health – Office of Drinking Water appreciates the opportunity to provide comments. If you
have any questions, please let me know.
Best Regards,
Arlene Fields
GIS Program Support Technician
Mobile 686-203-3867 (office/cell/text)
Email [email protected]
VDH, Office of Drinking Water
109 Governor Street, 7th Floor
Richmond, VA 23219

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Russell County Virginia
“The Heart of Southwest Virginia”

Andrew Hensley
District 1

Steve Breeding
District 5

Lou Ann Wallace
District 2

David Eaton, Chairman
District 4

Nathan Kiser
At-Large

Tara Dye
District 3
Administrator

Rebecca Dye, Vice-Chairman
District 6

Lonzo Lester
County

RUSSELL COUNTY BOARD OF SUPERVISORS
RESOLUTION REQUESTING AMENDMENT TO § 15.2-4904 OF THE CODE OF VIRGINIA
(Removal of Special Provision Allowing Nine Appointees for Russell County)
WHEREAS, § 15.2-4904 of the Code of Virginia (Industrial Development and Revenue Bond Act)
governs the composition, appointment, and terms of members of local industrial development
authorities; and
WHEREAS, that section contains locality-specific provisions that permit certain localities to
deviate from the general seven‑member board structure; and
WHEREAS, the Code currently authorizes the Board of Supervisors of Russell County to appoint
nine members to the board of the authority, two of whom shall come from a town that has used
its borrowing capacity to borrow $2 million or more for industrial development, with terms
staggered as agreed upon by the board of supervisors; and
WHEREAS, the Board of Supervisors of Russell County finds that the inclusion of a
jurisdiction‑specific variation in § 15.2-4904:
- Creates inconsistency with the uniform statutory structure provided for most local industrial
development authorities;
- May create administrative complexity and unpredictability in appointments, quorum
calculation, and governance practices when compared with the standard seven‑member
authority boards used across other Virginia localities; and
- No longer reflects local governance needs or current county circumstances and therefore
should be reconsidered at the Commonwealth level;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Russell County, Virginia, that:
1. The Board respectfully requests that the Russell County delegation to the Virginia General
Assembly, the members of the Virginia Senate and House of Delegates who represent Russell
County to sponsor or support legislation to amend § 15.2-4904 of the Code of Virginia by
removing the sentence and clause(s) that specifically authorize the Board of Supervisors of
Russell County Government Center
137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011
www.russellcountyva.us

Page 80 of 83

Russell County to appoint nine members (including the special two‑member-from-a-borrowingtown provision) to the board of an industrial development authority, thereby returning Russell
County to the standard statutory structure described elsewhere in the section.
2. The Board further requests that any such amendment preserve:
a. Statutory protections for the continuity of authority board membership (holding over until
successor is appointed),
b. Any necessary transitional provisions to ensure an orderly adjustment of current authority
membership to conform with the amended statute (including staggered terms and the filling of
vacancies).
3. The Board authorizes and directs the County Administrator (or designee) to:
a. Transmit a copy of this Resolution to the Russell County legislative delegation;
b. Provide any additional information or background requested by legislators or staff
concerning the County’s reasons for requesting the amendment; and
c. Take further actions as may be necessary to advocate for the proposed change, including
meetings with members of the General Assembly or their staff.
4. The Board requests that the Russell County legislative delegation keep the Board informed of
any proposed legislation, drafts, or committee actions regarding this matter and consult with the
Board regarding transitional implementation language.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to:
- Senator Todd Pillion, District
- Delegate Israel O’Quinn, District
Adopted this 2nd day of November 2026, by the Board of Supervisors of Russell County,
Virginia.
BOARD OF SUPERVISORS, RUSSELL COUNTY, VIRGINIA
_______________________________
Chair, Board of Supervisors
ATTEST:
_______________________________
Clerk to the Board

Page 81 of 83

Code of Virginia
Title 15.2. Counties, Cities and Towns
Chapter 49. Industrial Development and Revenue Bond Act

§ 15.2-4904. Directors; qualifications; terms; vacancies;
compensation and expenses; quorum; records; certification and
distribution of report concerning bond issuance
A. The authority shall be governed by a board of directors in which all powers of the authority
shall be vested and which board shall be composed of seven directors, appointed by the
governing body of the locality. The seven directors shall be appointed initially for terms of one,
two, three and four years; two being appointed for one-year terms; two being appointed for twoyear terms; two being appointed for three-year terms and one being appointed for a four-year
term. Subsequent appointments shall be for terms of four years, except appointments to fill
vacancies which shall be for the unexpired terms. All terms of office shall be deemed to
commence upon the date of the initial appointment to the authority, and thereafter, in
accordance with the provisions of the immediately preceding sentence. If at the end of any term
of office of any director a successor thereto has not been appointed, then the director whose term
of office has expired shall continue to hold office until his successor is appointed and qualified.
Notwithstanding the provisions of this subsection, the board of supervisors of Wise County may
appoint eight members to serve on the board of the authority, with terms staggered as agreed
upon by the board of supervisors, the board of supervisors of Henrico County may appoint 10
members to serve on the board of the authority, two from each magisterial district, with terms
staggered as agreed upon by the board of supervisors, the board of supervisors of Roanoke
County may appoint 10 members to serve on the board of the authority, two from each
magisterial district, with terms staggered as agreed upon by the board of supervisors, the board
of supervisors of Mathews County may appoint from five to seven members to serve on the board
of the authority, the town council of the Town of Saint Paul may appoint 10 members to serve on
the board of the authority, with terms staggered as agreed upon by the town council, however,
the town council may at its option return to a seven member board by removing the last three
members appointed, the board of supervisors of Russell County may appoint nine members, two
of whom shall come from a town that has used its borrowing capacity to borrow $2 million or
more for industrial development, with terms staggered as agreed upon by the board of
supervisors and the town council of the Town of South Boston shall appoint two at-large
members, Page County may appoint nine members, with one member from each incorporated
town, one member from each magisterial district, and one at-large, with terms staggered as
agreed upon by the board of supervisors, Halifax County shall appoint five at-large members to
serve on the board of the authority jointly created by the Town of South Boston and Halifax
County pursuant to § 15.2-4916, with terms staggered as agreed upon by the governing bodies of
the Town of South Boston and Halifax County in the concurrent resolutions creating such
authority, the town council of the Town of Coeburn may appoint five members to serve on the
board of the authority, with terms staggered as agreed upon by the town council, the city council
of Suffolk may appoint eight members to serve on the board of the authority, with one member
from each of the boroughs, and one at-large member, with terms staggered as agreed upon by the
city council, the City of Chesapeake may appoint nine members, with terms staggered as agreed
upon by the city council, and the city council of the City of Norfolk may appoint 11 members,
with terms staggered as agreed upon by the city council.
1

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Page 82 of 83

A member of the board of directors of the authority may be removed from office by the local
governing body without limitation in the event that the board member is absent from any three
consecutive meetings of the authority, or is absent from any four meetings of the authority
within any 12-month period. In either such event, a successor shall be appointed by the
governing body for the unexpired portion of the term of the member who has been removed.
B. Each director shall, upon appointment or reappointment, before entering upon his duties take
and subscribe the oath prescribed by § 49-1.
C. No director shall be an officer or employee of the locality except (i) in a town with a
population of less than 3,500 where members of the town governing body may serve as directors
provided they do not constitute a majority of the board, (ii) in Buchanan County where a
constitutional officer who has previously served on the board of directors may serve as a director
provided the governing body of such county approves, and (iii) in Frederick County where the
board of supervisors may appoint one of its members to the Economic Development Authority of
the County of Frederick, Virginia. Every director shall, at the time of his appointment and
thereafter, reside in a locality within which the authority operates or in an adjoining locality.
When a director ceases to be a resident of such locality, the director's office shall be vacant and a
new director may be appointed for the remainder of the term.
D. The directors shall elect from their membership a chairman, a vice-chairman, and from their
membership or not, as they desire, a secretary and a treasurer, or a secretary-treasurer, who shall
continue to hold such office until their respective successors are elected. The directors shall
receive no salary but may be compensated such amount per regular, special, or committee
meeting or per each official representation as may be approved by the appointing authority, not
to exceed $200 per meeting or official representation, and shall be reimbursed for necessary
traveling and other expenses incurred in the performance of their duties.
E. Four members of the board of directors shall constitute a quorum of the board for the purposes
of conducting its business and exercising its powers and for all other purposes, except that no
facilities owned by the authority shall be leased or disposed of in any manner without a majority
vote of the members of the board of directors. No vacancy in the membership of the board shall
impair the right of a quorum to exercise all the powers and perform all the duties of the board.
F. The board shall keep detailed minutes of its proceedings, which shall be open to public
inspection at all times. It shall keep suitable records of its financial transactions and, unless
exempted by § 30-140, it shall arrange to have the records audited annually. Copies of each such
audit shall be furnished to the governing body of the locality and shall be open to public
inspection.
Two copies of the report concerning issuance of bonds required to be filed with the United States
Internal Revenue Service shall be certified as true and correct copies by the secretary or assistant
secretary of the authority. One copy shall be furnished to the governing body of the locality and
the other copy mailed to the Department of Small Business and Supplier Diversity.
1966, c. 651, § 15.1-1377; 1979, c. 35; 1980, c. 304; 1982, c. 463; 1983, c. 514; 1984, c. 750; 1987,
c. 368; 1990, c. 87; 1993, c. 896; 1996, cc. 589, 599;1997, c. 587;1999, cc. 337, 408, 414;2000, c.
963;2001, c. 121;2003, cc. 347, 357;2006, c. 687;2007, cc. 283, 338;2008, c. 619;2009, cc. 199, 200
, 460, 597;2012, cc. 337, 352;2013, c. 482;2014, cc. 381, 382;2016, c. 414.
2

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Page 83 of 83

The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.

6/5/2017

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Oct 28, 2026 Full document archived — public record

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On the agenda: Russell County meeting — data center (Nov 2)

The agenda, word for word

Provenance

Record history

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