AWWA ACE61781

Developers of new water supplies frequently face the argument that permits for their projects should be denied because scientists advising the permitting agencies cannot say with certainty that the projects will not harm important environmental resources. This paper discusses how the City of Newport News, Virginia addressed that problem in connection with its application for a permit from the Virginia Marine Resources Commission for its proposed King William Reservoir project. The Commission initially denied the City's permit application because its scientific advisors were uncertain whether the project's river withdrawals would adversely impact American shad spawning, but the City was able to convince the Commission that the resource would be protected notwithstanding that uncertainty. This paper describes the techniques used by the City for that purpose which include: the assembly of a panel of expert fisheries biologists to assess the risks to fisheries resources and to make recommendations, including a recommendation for a pumping hiatus during spawning season to be triggered by water temperatures; improving intake screen design to a standard higher than required by federal or state agencies; conducting videotaped experiments to demonstrate the efficacy of the screens in protecting shad eggs and larvae; explaining and quantifying the cumulative protection offered by various aspects of the project, including the pumping hiatus and the screens, using a "layers of protection" analysis; and, offering post-permit monitoring and a permit reopener provision. Includes figures.