GENERAL NOTICES/ERRATA
Vol. 35 Iss. 3 - October 01, 2018

DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES

Notice of the 2018 Annual Report on the Agricultural Stewardship Act

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report on the Agricultural Stewardship Act for the program year April 1, 2017, through March 31, 2018. Copies of this report can be obtained by contacting Katherine Coates at telephone (804) 786-3538 or via email at katherine.coates@vdacs.virginia.gov. The report can also be obtained at http://www.vdacs.virginia.gov/conservation-and-environmental-agricultural-stewardship.shtml. A written request may be sent to Virginia Department of Agriculture and Consumer Services, Office of Policy, Planning, and Research, P.O. Box 1163, Richmond, VA 23218. Copies of the report are available without charge.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Loblolly Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Surry County

Loblolly Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Surry County, Virginia, pursuant to § 10.1-1197.6 B 1 of the Code of Virginia and 9VAC15-60. The project will be located on multiple parcels comprising approximately 1,384 acres along Colonial Trail West near Spring Grove in Surry. The project conceptually consists of approximately 432,000 440-watt modules across 60 2.5-megawatt alternating current arrays.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

Piney Creek Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Halifax County

Piney Creek Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Halifax County, Virginia, pursuant to § 10.1-1197.6 B 1 of the Code of Virginia and 9VAC15-60. The project will be located on multiple parcels comprising approximately 700 acres along Rodgers Chapel Road near Clover. The project conceptually consists of approximately 230,400 440-watt modules across 32 2.5-megawatt alternating current arrays.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

VSF Solar 1 LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Westmoreland County

VSF Solar 1 LLC provided to the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Westmoreland County, Virginia, pursuant to § 10.1-1197.6 B 1 of the Code of Virginia and 9VAC15-60. The project will be located on roughly 125 acres of agricultural land west of Routes 205 and 628, in the general vicinity of Oak Grove, Virginia. The project is anticipated to have a nameplate capacity of 20 megawatts alternating current and will be comprised of approximately 77,580 solar panels.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

Walnut Solar I LLC Revised Notice of Intent for Small Renewable Energy Project (Solar)
Permit by Rule - King and Queen County

A notice of intent for Walnut Solar I LLC, an affiliate of Open Road Renewables LLC, was published in the Virginia Register of Regulations on August 21, 2017. Walnut Solar I LLC has provided the Department of Environmental Quality a revised notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in King and Queen County pursuant to 9VAC15-60. The project is located approximately two miles southeast of the community of Shacklefords on the south side of State Route 14 in King and Queen County. The revised project will be constructed on multiple parcels of land totaling approximately 1,800 acres (previously 700 acres) and will use conventional solar panels to deliver up to 110 megawatts (previously 70 megawatts) of electricity (alternating current) to an existing transmission line. The preliminary design of the project calls for the project to use approximately 380,000 solar panels (previously 266,000 solar panels).

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

Westmoreland Solar LLC Withdrawal of Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Westmoreland County

Westmoreland Solar LLC has withdrawn the notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Westmoreland County, Virginia, pursuant to § 10.1-1197.6 B 1 of the Code of Virginia and 9VAC15-60. The notice was previously published in the Virginia Register of Regulations on July 10, 2017.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

STATE BOARD OF HEALTH

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health is conducting a periodic review and small business impact review of 12VAC5-475, Regulations Implementing the Virginia Donor Registry. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins October 1, 2018, and ends October 22, 2018.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Robin Buskey, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7253, FAX (804) 864-7771, or email robin.buskey@vdh.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Notice of Availability of Title V Maternal and Child Health Services Block Grant

The Virginia Department of Health (VDH) has prepared and made available the 2019 Application/2017 Annual Report for the Title V Maternal and Child Health Services Block Grant. The report is available at http://www.vdh.virginia.gov/vdhlivewell/. Title V funds support programs to improve the health of women, infants, children, and adolescents in Virginia, including individuals with special health care needs.

Contact Information: Carla Hegwood, Title V Block Grant Consultant, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7674, or email carla.hegwood@vdh.virginia.gov.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on September 12, 2018. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number Ninety-Nine (18)

Virginia Lottery "2 Ways to Win Retailer Incentive Promotion" (effective December 1, 2018)

Director's Order Number One Hundred (18)

Virginia Lottery "7Rewards App Retailer Incentive Promotion" (effective December 1, 2018)

Director's Order Number One Hundred Two (18)

Virginia Lottery "Go for the Grand Retailer Incentive Promotion" (effective December 1, 2018)

Director's Order Number One Hundred Three (18)

Virginia Lottery "Holiday Games Llama* Sign Retailer Incentive Promotion" (effective December 1, 2018)

Director's Order Number One Hundred Four (18)

Virginia Lottery "Sheetz District Battle Retailer Incentive Promotion" (effective October 1, 2018)

Director's Order Number One Hundred Sixteen (18)

Virginia Lottery's Scratch Game 1902 "Win A Spin" Final Rules for Game Operation (effective August 31, 2018)

Director's Order Number One Hundred Nineteen (18)

Virginia Lottery "G.E.M. Beats This Retailer Incentive Promotion" (effective October 1, 2018)

Director's Order Number One Hundred Twenty (18)

Virginia Lottery "G.E.M. Go For The Grand Retailer Incentive Promotion" (effective December 1, 2018)

Director's Order Number One Hundred Twenty-Six (18)

Virginia Lottery's "2018 Events Win A Spin" Promotion Final Rules for Operation (effective September 11, 2018)

Director's Order Number One Hundred Twenty-Seven (18)

Virginia Lottery's "Made in Virginia" Promotion Final Rules for Operation (effective September 4, 2018)

Director's Order Number One Hundred Thirty-One (18)

Virginia Lottery's "Win A Spin On-Field" Final Rules for Operation (effective September 13, 2018)

STATE WATER CONTROL BOARD

Public Meeting for Water Quality Study Total Maximum Daily Load for the Mattaponi River and Tributaries

Community meeting: A community meeting will be held Monday, October 15, 2018, at 5:30 p.m. at the King and Queen Branch Library, 396 Newtown Road, Saint Stephen's Church, VA 23148. This meeting will be open to the public and all are welcome to participate. In the case of inclement weather or other reason for postponement, an alternate meeting date is scheduled for Wednesday, October 17, 2018, at 5:30 p.m. at the same location. For more information, please contact Anna Reh-Gingerich at telephone (804) 527-5021, or email anna.reh-gingerich@deq.virginia.gov.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, Virginia Institute for Marine Science and StreamsTech, will announce the development of a water quality study known as a total maximum daily load (TMDL) for a portion of the Mattaponi River and select tributaries located in King and Queen and King William Counties. This is an opportunity for local residents to learn about the condition of these waters, share information about the area, and become involved in the process of local water quality improvement. A public comment period will follow the meeting (October 16, 2018, through November 14, 2018). Persons interested in reviewing project materials through an advisory committee should notify the DEQ contact person, Anna Reh-Gingerich, by the end of the comment period and provide their name, address, phone number, email address, and the organization they represent (if any).

Description of study: Portions of the Mattaponi River and its tributaries were identified in Virginia's 2016 Water Quality Assessment and Integrated Report as impaired due to exceedances of the state's water quality standards for E. coli and do not support the designated uses of "primary contact (recreational or swimming)." The specific impairments are attached. Reductions and TMDLs for the causes of the impairments will be developed during the water quality study process.

How to comment and participate: The meetings of the TMDL process are open to the public and all interested parties are welcome. Written comments will be accepted through November 14, 2018, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written comments, please contact Anna Reh-Gingerich, Department of Environmental Quality, Piedmont Regional Office, 4949 Cox Road, Glen Allen, VA 23060, telephone (804) 527-5021, or email anna.reh-gingerich@deq.virginia.gov.

Affected Waterways: Mattaponi Tributaries

Mattaponi River (F23E-02-BAC), 1.756 sq. miles; Assessment unit VAP-F23E_MPN03A06 begins at Aylett Creek and extends to Garnetts Creek, tidal

Mattaponi River (F21R-06-BAC), 8.00 miles; Assessment Units VAN-F21R_MPN01B02 and VAN-F21R_MPN01B02 begin at the confluence with Maracossic Creek and continue downstream to the confluence with Gravel Run

Herring Creek (F21R-05-BAC), 5.09 miles; Assessment unit VAN-F21R_HER01B02 begins at the confluence with Dorrell Creek and continues downstream until the confluence with an unnamed tributary to Herring Creek, at rivermile 2.14

Aylett Creek (F23R-04-BAC), 6.83 miles; Assessment unit VAP-F23R_AYL01A12 headwaters to mouth at Mattaponi River

Dogwood Fork (F23R-11-BAC), 2.91 miles, Assessment unit VAP-F23R_DWD01A00 headwaters to its mouth at Dickeys Swamp

XJG – Dickeys Swamp, unnamed tributary (F23R-10-BAC) 1.99 miles, Assessment unit VAP-F23R_XJG01A14 headwaters to mouth at confluence with Dickeys Swamp

Dickeys Swamp, (F23R-08-BAC), 4.33 miles, Assessment unit VAP-F23R_DK201B00 begins at Dogwoods Fork and ends at Route 620

Market Swamp (F23R-09-BAC), 2.01 miles, Assessment unit VAP-F23R_MKT01B00 begins at Walker Coleman Pond and extends to mouth at confluence with Dickeys Swamp

XDN – Garnetts Creek, unnamed tributary (F23R-12-BAC), 2.53 miles, Assessment unit VAP-F23R_XDN01A00 begins at headwaters and extends to mouth at confluence with Garnetts Creek

Garnetts Creek (F23R-01-BAC), 2.83 miles, Assessment unit VAP-F23R_GNT01A00 extends from Dickeys Swamp to the tidal limit

Courthouse Creek (F24R-03-BAC), 0.72 miles; Assessment unit VAP-F24R_CTH01A00 extends from King and Queen Courthouse Pond downstream to the tidal limit

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board is considering the amendment of the regulation on water quality management planning in accordance with the public participation procedures for water quality management planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt seven new total maximum daily load (TMDL) wasteload allocations.

Public comment period: October 1, 2018, through October 31, 2018.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning Regulation for the Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 A), and the New River Basin (9VAC25-720-130 A). Statutory authority for promulgating these amendments can be found in subdivision 10 of § 62.1-44.15 of the Code of Virginia.

Staff intends to recommend (i) that the board approve the two TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (ii) that the board authorize inclusion of the two TMDL reports in the appropriate water quality management plan, and (iii) that the board adopt seven new TMDL wasteload allocations (WLAs) as part of the state's Water Quality Management Planning Regulation in accordance with §§ 2.2-4006 A 14 and 2.2-4006 B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The reports were subject to the TMDL public participation process contained in DEQ's public participation procedures for water quality management planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL.

As of July 1, 2014, TMDL WLAs can receive State Water Control Board approval prior to U.S. Environmental Protection Agency (EPA) approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The two TMDL reports in this public notice have been reviewed by EPA for required TMDL elements, however, remain in draft form awaiting State Water Control Board approval. The draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected waterbodies and localities for the seven new TMDL wasteload allocations:

Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 A):

1. "Total Maximum Daily Loads for Bacteria and a Proactive Implementation Approach for Dissolved Oxygen Impairment for Rudee Inlet, Virginia Beach, Virginia"

• The Rudee Inlet Bacteria TMDL, located in the City of Virginia Beach, proposes fecal coliform reductions for the Rudee Inlet watershed and provides a new fecal coliform wasteload allocation of 2.20E+13 counts/year.

• The Rudee Inlet Bacteria TMDL, located in the City of Virginia Beach, proposes a proactive approach to address the dissolved oxygen (DO) impairment on Owl Creek. Therefore, no wasteload allocation is provided.

New River Basin (9VAC25-720-130 A):

2. "PCB Total Maximum Daily Load Development for Reed Creek, the Upper New River, Peak Creek, Walker Creek, Stony Creek, and the Lower New River"

• The New River PCB TMDL, located in the Montgomery, Giles, Pulaski, and Wythe Counties and the City of Radford, proposes PCB reductions for the Reed Creek, Upper New River, Peak Creek, Walker Creek, Stony Creek, and Lower New River watersheds and provides new PCB wasteload allocations of 2,548.2 mg/year, 1,616.5 mg/year, 345 mg/year, 13.6 mg/year 7,601.9 mg/year, and 38,868.0 mg/year.

How to comment: The DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens who submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL reports are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx and by contacting the DEQ representative named below for any report. The electronic copies are in PDF or Word format and may be read online or downloaded.

For public comments, document requests, and additional information contact Kelly Meadows, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4291, FAX (804) 698-4032, or email kelly.meadows@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing  regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents
/cumultab.pdf
.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-120. Waivered Services.

Publication: 35:2 VA.R. 263-286 September 17, 2018

Correction to Final Regulation:

Page 280, 12VAC30-120-935 H 3 b (4), lines 5 and 6, replace "http://www.olg.hhs.govfraud/exclusions/exclusions%20list.asp" with "https://oig.hhs.gov/exclusions/exclusions_list.asp"

VA.R. Doc. No. R16-3805; Filed September 11, 2018