Public Comments for 01/17/2024 Agriculture Chesapeake and Natural Resources - Natural Resources Subcommittee
HB84 - Mineral mining and exploration; public notification.
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Last Name: Price Locality: Palmyra

I am writing in support of HB84. I have a PhD in Ecology and Evolution and have been involved in freshwater conservation and research in Virginia and some other southeastern states. I am familiar with the operations of mines and the risks posed to local waterways. The people who live in the area need to be made aware of what is going on in the local community in a timely manner.

Last Name: Jessica Sims Organization: Appalachian Voices Locality: Richmond

Appalachian Voices is in strong support of HB84. It is modeled after a recommendation from the 2002 NASEM large-scale gold mining study, a report the General Assembly commissioned. The report flagged a specific concern of potential environmental impacts from exploratory drilling and also made a recommendation that public engagement be increased. This bill is also from direct concerns expressed by community members who live near current exploratory drilling sites, who are concerned about their private drinking wells and property values. This is a narrow, commonsense approach to provide a minimal notice to adjoining properties and local governing bodies that exploratory drilling will occur. Of note, it does not prohibit the activity in any way.

Last Name: Leyen Organization: Virginia League of Conservation Voters Locality: Richmond

Comments Document

The Virginia League of Conservation Voters encourages you to SUPPORT HB84, HB85, and HB309 HB84 (Simonds) Mineral mining and exploration; public notification. HB 84 would require companies conducting exploratory drilling to provide notice to local government and nearby neighbors 15 days prior to drilling taking place. Reasons to SUPPORT HB84 -- Notification would inform local governments and neighbors of mining activity that could impact groundwater levels, water quality & property values. -- This would allow localities or neighbors to make mining companies aware of any unique local considerations the company should be aware of prior to drilling occurring. HB85 (Simonds) Mineral mining and exploration; public notification. HB85 would prohibit the use of cyanide in mineral mining. Response to recommendations made by the National Academy of Sciences Engineering and Medicine that found "Virginia's regulations are insufficient to protect against the potential impacts of gold mining." Reasons to SUPPORT HB85: -- Negative ground and surface water impacts are more likely to occur with the use of cyanide processing. -- Cyanide spills can ruin drinking water, destroy ecosystems and cause massive fish kills. HB 309 (Hope) Forest Conservation Plan; Department of Forestry to develop. HB309 would: Establish the Forest Conservation Act. Requests that the Department of Forestry assess the health of Virginia’s forests, determine how many acres are healthy and how many acres are at risk and why. The primary interest of this act are areas adjacent to streams or wetlands, those on steep or erodible soils or those within or adjacent to large contiguous blocks of forest or wildlife corridors. Reasons to SUPPORT HB85: -- A baseline assessment would the state to identify trends and consider programs and funding to ensure Virginia protects its natural resources. -- Virginia continues to lose tree canopy, including intact forests. -- Forest loss hinders the state’s ability to improve water quality, reduce flooding and mitigate the impacts of climate change. -- Intact forests not only provide habitat for wildlife, but also act as sponges, filtering water and slowing runoff into our streams, reducing erosion and sediment in our waterways.

Last Name: Miller Organization: Piedmont Environmental Council Locality: Arlington

Testimony in SUPPORT of HB 84 and HB 85 Christopher G. Miller President The Piedmont Environmental Council Warrenton, Virginia Chair Tran and Members of the Subcommittee, The Piedmont Environmental Council, incorporated in Virginia in 1972, has a mission to protect and restore the lands and waters of the Virginia Piedmont, while building stronger, more sustainable communities. Thank you for the opportunity to submit testimony in support of HB84 and HB85, both of which address critical issues in metals mining in the Commonwealth. With the increased demand globally for many rare minerals and metals for electronics, batteries and many other emerging technologies, Virginia can reasonably expect an increase in prospecting and investment in minerals mining. In 2022, a study of Virginia’s regulation of metals mining by the National Academy of Sciences, Engineering and Health found, "Virginia's regulations are insufficient to protect against the potential impacts of gold mining." Improving the regulatory oversight of minerals prospecting and certain mining practices is essential to protect both groundwater and surface water resources across the Commonwealth. PEC is particularly wary of the impact a return to metal mining operations could have on adjacent and downstream communities. Because metal deposits span the state, numerous watersheds would be affected, including the Chesapeake Bay. In our region, the eastern edges of Orange, Fauquier and Culpeper counties (located in the gold-pyrite belt) are most likely to be targeted for new proposals. Parts of the Piedmont region of Virginia have been sites for significant metals mining, including historically significant gold mining, over hundreds of years. Unfortunately, the legacy of those historic mining operations includes significant unreclaimed mine sites, with unremediated waste materials including cyanide contamination, some of which threatens groundwater and surface waters to this day. Please see the location of former mines on this mapping tool. HB84 provides notice to communities and adjacent landowners of mineral prospecting, an activity which has the potential to affect groundwater and surface waters beyond the property boundaries. The notice requirement is similar to that which would be required for any other significant land use change, including a rezoning or a special use permit. Given the scope and scale of long term impacts associated with metals mining, it is reasonable to provide that notice to local governments and adjacent and nearby landowners. HB85, recognizing the specific threat of contamination from cyanide used in mineral processing, bans the use in mining operations in Virginia. Please vote to support HB84 and HB85.

Last Name: Cobb Organization: Virginia Transportation Construction Alliance Locality: Leesburg

Comments Document

Please accept the attached comments for review concerning HB 84. Thank you.

Last Name: Rinaldi Locality: Buckingham County

I am a potentially impacted community member, and I ask that you vote in support of this bill. As a landowner, I deserve to know if nearby lands are being used in a way that will impact my land.

HB85 - Mineral mining and processing; use of cyanide or a cyanide compound prohibited.
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Last Name: Donald Locality: Newark

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Last Name: Price Locality: Palmyra

I am writing in support of HB85. I have a PhD in Ecology and Evolution and have been involved in freshwater conservation and research in Virginia and some other southeastern states. I am familiar with the operations of the Haile Mine in South Carolina and am aware that pollution from cyanide and other harmful chemicals from the mine is one of the major threats to biodiversity in the area. If our sensitive aquatic organisms are at risk, the water is also not safe for humans in the area. Much of the mineral mining proposed in Virginia is in the James River watershed which supplies drinking water to more than half of the population of Virginia. Please pass HB85 and make mineral mining safer for both humans and wildlife.

Last Name: Jessica Sims Organization: Appalachian Voice Locality: Richmond

Appalachian Voices is a strong supporter of HB85 and respectfully asks for your support. Potential cyanide contamination from mineral mining and processing is a major and avoidable threat to Va waterways. Specifically at risk is the James River watershed, the James River which supplies drinking water for millions and any downstream communities. This is a commonsense approach to avoid a processing material which can harm Virginians. Of note, and as confirmed in subcommittee testimony by the Department of Energy, there are other ways to process gold which do not involve cyanide.

Last Name: Leyen Organization: Virginia League of Conservation Voters Locality: Richmond

Comments Document

The Virginia League of Conservation Voters encourages you to SUPPORT HB84, HB85, and HB309 HB84 (Simonds) Mineral mining and exploration; public notification. HB 84 would require companies conducting exploratory drilling to provide notice to local government and nearby neighbors 15 days prior to drilling taking place. Reasons to SUPPORT HB84 -- Notification would inform local governments and neighbors of mining activity that could impact groundwater levels, water quality & property values. -- This would allow localities or neighbors to make mining companies aware of any unique local considerations the company should be aware of prior to drilling occurring. HB85 (Simonds) Mineral mining and exploration; public notification. HB85 would prohibit the use of cyanide in mineral mining. Response to recommendations made by the National Academy of Sciences Engineering and Medicine that found "Virginia's regulations are insufficient to protect against the potential impacts of gold mining." Reasons to SUPPORT HB85: -- Negative ground and surface water impacts are more likely to occur with the use of cyanide processing. -- Cyanide spills can ruin drinking water, destroy ecosystems and cause massive fish kills. HB 309 (Hope) Forest Conservation Plan; Department of Forestry to develop. HB309 would: Establish the Forest Conservation Act. Requests that the Department of Forestry assess the health of Virginia’s forests, determine how many acres are healthy and how many acres are at risk and why. The primary interest of this act are areas adjacent to streams or wetlands, those on steep or erodible soils or those within or adjacent to large contiguous blocks of forest or wildlife corridors. Reasons to SUPPORT HB85: -- A baseline assessment would the state to identify trends and consider programs and funding to ensure Virginia protects its natural resources. -- Virginia continues to lose tree canopy, including intact forests. -- Forest loss hinders the state’s ability to improve water quality, reduce flooding and mitigate the impacts of climate change. -- Intact forests not only provide habitat for wildlife, but also act as sponges, filtering water and slowing runoff into our streams, reducing erosion and sediment in our waterways.

Last Name: Miller Organization: Piedmont Environmental Council Locality: Arlington

Testimony in SUPPORT of HB 84 and HB 85 Christopher G. Miller President The Piedmont Environmental Council Warrenton, Virginia Chair Tran and Members of the Subcommittee, The Piedmont Environmental Council, incorporated in Virginia in 1972, has a mission to protect and restore the lands and waters of the Virginia Piedmont, while building stronger, more sustainable communities. Thank you for the opportunity to submit testimony in support of HB84 and HB85, both of which address critical issues in metals mining in the Commonwealth. With the increased demand globally for many rare minerals and metals for electronics, batteries and many other emerging technologies, Virginia can reasonably expect an increase in prospecting and investment in minerals mining. In 2022, a study of Virginia’s regulation of metals mining by the National Academy of Sciences, Engineering and Health found, "Virginia's regulations are insufficient to protect against the potential impacts of gold mining." Improving the regulatory oversight of minerals prospecting and certain mining practices is essential to protect both groundwater and surface water resources across the Commonwealth. PEC is particularly wary of the impact a return to metal mining operations could have on adjacent and downstream communities. Because metal deposits span the state, numerous watersheds would be affected, including the Chesapeake Bay. In our region, the eastern edges of Orange, Fauquier and Culpeper counties (located in the gold-pyrite belt) are most likely to be targeted for new proposals. Parts of the Piedmont region of Virginia have been sites for significant metals mining, including historically significant gold mining, over hundreds of years. Unfortunately, the legacy of those historic mining operations includes significant unreclaimed mine sites, with unremediated waste materials including cyanide contamination, some of which threatens groundwater and surface waters to this day. Please see the location of former mines on this mapping tool. HB84 provides notice to communities and adjacent landowners of mineral prospecting, an activity which has the potential to affect groundwater and surface waters beyond the property boundaries. The notice requirement is similar to that which would be required for any other significant land use change, including a rezoning or a special use permit. Given the scope and scale of long term impacts associated with metals mining, it is reasonable to provide that notice to local governments and adjacent and nearby landowners. HB85, recognizing the specific threat of contamination from cyanide used in mineral processing, bans the use in mining operations in Virginia. Please vote to support HB84 and HB85.

Last Name: Rinaldi Locality: Buckingham County

As a potentially impacted community member, I ask that you please vote in support of this bill, which would help protect all Virginians from harmful impacts of cyanide use.

HB198 - Solar energy; potential benefits of using for certain residential applications.
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Last Name: Cameron Organization: Virginia Association of Soil and Water Conservation Districts Locality: Fairfax County

The Virginia Association of Soil and Water Conservation Districts (VASWCD) is a private nonprofit association of 47 soil and water conservation districts in Virginia. The Association provides and promotes leadership in the conservation of natural resources through stewardship and education programs. It coordinates conservation efforts statewide to focus effectively on issues identified by local member districts. Our mission is to serve and strengthen soil and water conservation districts in the stewardship of natural resources. At our December 2022 annual meeting, the Association unanimously expressed support for legislation to remove any incentives to convert forest and prime agricultural lands into solar industrial facilities, but instead provide incentives for such solar facilities to be developed on brownfields and on existing residential and commercial structures, where they can contribute to greenhouse gas emission reduction without impairing environmental quality in the Commonwealth. In 2016, the US Department of Energy estimated that 30% of what was then Virginia's electricity demand could be satisfied by rooftop solar, but that was 8 years ago, Virginia's demand for energy has changed dramatically since then, as have both the federal and state statutory and regulatory framework affecting renewable energy. We need the reliable current Virginia information that will be provided by this bill. In December 2022, Time magazine estimated that 33% of the national demand for electricity could be met by putting solar panels over parking lots, but we don't have any information specific to Virginia. We have no idea what the solar energy development potential is for brownfields in Virginia, including old industrial and coal mining areas, but these lands could be very helpful in both meeting our renewable energy needs and in revitalizing communities. HB 198 would help us understand this potential. To better conserve our open space and natural resources we need to understand how we can provide incentives to install solar in locations that will not damage our environment or harm Virginia's agriculture. The Virginia Association of Soil and Water Conservation Districts therefore strongly supports HB 198 patroned by Delegate Krizek. We believe HB 198 takes a positive step to address the many problems posed by the ongoing loss of forest and prime farmland to industrial utility scale solar development across the Commonwealth. We urge its prompt passage.

HB216 - Impounding structures, certain; variances to general permit requirements.
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HB309 - Forestland and Urban Tree Canopy Conservation Plan; Department of Forestry shall establish.
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Last Name: Spiro Locality: Hamburg Finkenwerder

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Last Name: Leyen Organization: Virginia League of Conservation Voters Locality: Richmond

Comments Document

Virginia LCV encourages you to SUPPORT HB107, HB199, HB309, HB985. HB107 (Sullivan) Rural Electric Vehicle Charging Infrastructure Program and Fund Reasons to SUPPORT HB107 Supports communities otherwise left behind: The $106 million in federal funding for EV chargers is designated for major travel corridors. Virginia does not currently have funds set aside for EV charging stations in rural areas that are not along highways. Promotes tourism: EV charging stations near tourist destinations in low-income rural localities will ensure that people continue to visit the region as EVs become more prevalent, maintaining an essential contributor to the tax base and associated essential services, and supporting local businesses. Unlocks fuel/maintenance cost-savings for rural residents: With many EVs now achieving price parity with traditional gas-combustion vehicles, this bill will allow rural residents to reap cost savings associated with utilizing electricity, which is cheaper per mile than gas, as a fuel source. HB199 (Krizek) Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; allocation of funds. This legislation would: Removes the provision in Virginia’s Brownfield program that only permits federal funds to fund the program. Virginia’s Brownfield program provides a $500/kWh incentive for solar projects on former coal mines and a $100/kWh incentive for solar projects on brownfields Reasons to SUPPORT HB199: This simple fix will allow the Commonwealth to appropriate funds to this program. These modest incentives will help offset the slightly higher cost of projects in these locations. The more projects that are sited on former coal mines and brownfields means less impacts to important natural resources like farms and forests. HB 309 (Hope) Forest Conservation Plan; Department of Forestry to develop. This legislation would: Establish the Forest Conservation Act. Requests that the Department of Forestry assess the health of Virginia’s forests, determine how many acres are healthy and how many acres are at risk and why. The primary interest of this act are areas adjacent to streams or wetlands, those on steep or erodible soils or those within or adjacent to large contiguous blocks of forest or wildlife corridors. Reasons to SUPPORT HB309: Forest loss hinders the state’s ability to improve water quality, reduce flooding and mitigate the impacts of climate change. Intact forests not only provide habitat for wildlife, but also act as sponges, filtering water and slowing runoff into our streams, reducing erosion and sediment in our waterways. HB985 (Tran) High polycyclic aromatic hydrocarbon; prohibits pavement sealants that contain, civil penalty. This legislation would: Prohibit the use of toxic high-PAH pavement sealants. Reasons to SUPPORT HB985: The Chesapeake Bay Program has prioritized polycyclic aromatic hydrocarbons (PAHs) as the second most important toxic contaminant. PAHs are a class of chemicals that are the byproduct left over from burning coal, oil, gas, or wood. Pavement sealants with high PAH levels degrade, ultimately releasing dust and fine particles laden with carcinogens into homes, waterways, the soil, and the air. Stormwater runoff from PAH coatings continue to be highly toxic to fish and aquatic organisms months after their application. Low PAH sealants are cost-competitive and in regular use throughout the country.

Last Name: Blackburn Organization: Audubon Society of Northern Virginia Locality: McLean

Fairfax Tree Stewards Support HB309 Fairfax Tree Stewards (FTS) is a Virginia non-profit corporation that preserves, plants, and maintains trees in Fairfax County and vicinity, educates the public on the value and benefits of trees, and encourages them to take an active role in caring for trees. We speak for the trees because the trees cannot speak for themselves. FTS urges you to support HB309. The bill will help to preserve and increase Virginia’s tree canopy by providing a comprehensive and enduring plan to ensure we are effectively managing our forests. Virginia continues to lose trees at a rapid rate. This limits the commonwealth’s ability to improve water quality and public health. HB309will help identify threats to tree canopy and forest conservation. It will also identify priority forests for conservation, especially in areas adjacent to streams, steep or erodible slopes, large areas of forest and wildlife corridors. This bill provides a framework to inform and prioritize forest preservation efforts and investment. It is critical to do more to preserve and increase Virginia’s tree canopy. Healthy forests play a vital role in improving water quality by slowing down and filtering rainfall, preventing soil erosion, and reducing polluted runoff. Tree root systems reduce the amount of sediment and runoff that pollutes our waterways by holding soil in place and taking up pollutants. Trees also act as natural barriers to flooding by absorbing and slowing the flow of rainwater. Trees contribute significantly to water quality and public health. Tree canopy provides essential shade and stabilizes air temperatures by retaining and releasing water to create a net cooling effect. Trees reduce air pollution by absorbing air pollutants that contribute to climate change and respiratory illness. Respectfully submitted, Tom Blackburn Advocacy Chair Fairfax Tree Stewards 1637 Cecile Street McLean, VA 22101 TomlBlackburn@gmail.com

Last Name: Train Locality: Annandale

Support HB309: The bill will help to preserve and increase Virginia’s tree canopy by providing a comprehensive and enduring plan to ensure we are effectively managing our forests. We are not doing enough to manage our ccritical forest resources. Virginia continues to lose trees at a rapid rate. This limits the commonwealth’s ability to improve water quality and public health. HB309will help identify threats to tree canopy and forest conservation. It will also identify priority forests for conservation, especially in areas adjacent to streams, steep or erodible slopes, large areas of forest and wildlife corridors. This bill provides a framework to inform and prioritize forest preservation efforts and investment. It is critical to do more to preserve and increase Virginia’s tree canopy. Healthy forests play a vital role in improving water quality by slowing down and filtering rainfall, preventing soil erosion, and reducing polluted runoff. Tree root systems reduce the amount of sediment and runoff that pollutes our waterways by holding soil in place and taking up pollutants. Trees also act as natural barriers to flooding by absorbing and slowing the flow of rainwater. Trees contribute significantly to water quality and public health. Tree canopy provides essential shade and stabilizes air temperatures by retaining and releasing water to create a net cooling effect. Trees reduce air pollution by absorbing air pollutants that contribute to climate change and respiratory illness. Please support HB309 Rear Admiral Elizabeth Train, USN (Ret)

Last Name: Train Locality: Annandale

Support HB 1167 and HB309 --I am a long time resident of Annandale in Fairfax County and have observed significant degradation of the Accotink Creek watershed, tree canopy, our neighborhoods and VDOT right of ways due to smothering by English Ivy vines. We continue to lose trees to this noxious invasive vine. If it is sold in the commercial nurseries, well meaning homeowners have no way of knowing how damaging and costly this invasive plant is. HB309 - Virginia continues to lose trees at a rapid rate, which limits the state’s ability to improve water quality and public health. The loss of trees poses a significant threat to the well-being of all Virginians, especially those in our most vulnerable communities. It takes decades for newly planted trees to provide the carbon reduction, water and air quality, and wildlife benefits of mature trees, time is of the essence. Why support HB1167-Prevention through prohibiting sale is the most effective and low-cost solution for managing invasive species. Once an invasive species is established, management is costly and can harm valuable infrastructure and the natural biodiversity needed for healthy ecosystems. • Seeds of this toxic plant are readily dispersed by birds. Once established it spreads on the forest floor and then climbs trees up to the canopy where it flowers and fruits freely. • English Ivy has become a major killer of trees, weighing them down and smothering them. • Trees heavily draped with vines are more susceptible to blowing over during storms, making them hazardous near homes, roads, and public-use areas in parks. • English ivy reduces native plant diversity and associated fauna, threatens endangered species, and alters nutrient dynamics of forest soils. • By displacing native plants, this European introduction threatens the local ecosystem. • Respecting no property lines, it spreads readily and is difficult and costly to control, infringing on property rights by causing damage on neighboring properties and in our natural areas. • The cost of removing English Ivy by public and private landowners is high and growing. • Public interest in stopping the spread of English Ivy is large and growing. Why support HB309--Virginia needs to assess where and why canopy is lost and then address the findings through sound conservation planning. This Forest Conservation Plan will identify threats to tree canopy and forest conservation, identify priory forests for conservation, especially in areas adjacent to streams, steep or erodible slopes, large areas of forest and wildlife corridors. Trees play a vital role in improving water quality by slowing down and filtering rainfall, preventing soil erosion, and reducing polluted runoff. Tree root systems reduce the amount of sediment and runoff that pollutes our waterways by holding soil in place and taking up pollutants. Trees also act as natural barriers to flooding by absorbing and slowing the flow of rainwater. Trees contribute significantly to water quality and public health. Tree canopy provides essential shade and stabilizes air temperatures by retaining and releasing water to create a net cooling effect. Trees reduce air pollution by absorbing air pollutants that contribute to climate change and respiratory illness. Elizabeth Train Rear Admiral, USN, (Ret)

Last Name: Leyen Organization: Virginia League of Conservation Voters Locality: Richmond

Comments Document

The Virginia League of Conservation Voters encourages you to SUPPORT HB84, HB85, and HB309 HB84 (Simonds) Mineral mining and exploration; public notification. HB 84 would require companies conducting exploratory drilling to provide notice to local government and nearby neighbors 15 days prior to drilling taking place. Reasons to SUPPORT HB84 -- Notification would inform local governments and neighbors of mining activity that could impact groundwater levels, water quality & property values. -- This would allow localities or neighbors to make mining companies aware of any unique local considerations the company should be aware of prior to drilling occurring. HB85 (Simonds) Mineral mining and exploration; public notification. HB85 would prohibit the use of cyanide in mineral mining. Response to recommendations made by the National Academy of Sciences Engineering and Medicine that found "Virginia's regulations are insufficient to protect against the potential impacts of gold mining." Reasons to SUPPORT HB85: -- Negative ground and surface water impacts are more likely to occur with the use of cyanide processing. -- Cyanide spills can ruin drinking water, destroy ecosystems and cause massive fish kills. HB 309 (Hope) Forest Conservation Plan; Department of Forestry to develop. HB309 would: Establish the Forest Conservation Act. Requests that the Department of Forestry assess the health of Virginia’s forests, determine how many acres are healthy and how many acres are at risk and why. The primary interest of this act are areas adjacent to streams or wetlands, those on steep or erodible soils or those within or adjacent to large contiguous blocks of forest or wildlife corridors. Reasons to SUPPORT HB85: -- A baseline assessment would the state to identify trends and consider programs and funding to ensure Virginia protects its natural resources. -- Virginia continues to lose tree canopy, including intact forests. -- Forest loss hinders the state’s ability to improve water quality, reduce flooding and mitigate the impacts of climate change. -- Intact forests not only provide habitat for wildlife, but also act as sponges, filtering water and slowing runoff into our streams, reducing erosion and sediment in our waterways.

End of Comments