GENERAL NOTICES/ERRATA
Vol. 35 Iss. 12 - February 04, 2019

DEPARTMENT OF ENVIRONMENTAL QUALITY

Request for Citizen Nomination of State Surface Waters for Inclusion in Virginia Department of Environmental Quality's Annual Water Quality Monitoring Plan

In accordance with § 62.1-44.19:5 F of the Code of Virginia, Water Quality Monitoring Information and Restoration Act, any person may request that a specific body of water be included in the Department of Environmental (DEQ) annual water quality monitoring plan, and such requests shall include, at a minimum (i) a geographical description of the water body recommended for monitoring, (ii) the reason the monitoring is requested, and (iii) any water quality data that the petitioner may have collected or compiled. Each request received by April 30 shall be reviewed when DEQ develops the annual water quality monitoring plan for the following calendar year. DEQ will respond in writing on its approval or denial of each nomination by August 31. Please see the included nominating form, which is also available at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring/FollowupMonitoring.aspx. Use of the nomination form is preferred; however, all nominations with the minimum of information as outlined above will be accepted for review.

Please note that the monitoring program covered by this process is directed at the surface waters of the state. Private ponds, privately owned lakes, and any other bodies of water not deemed to be "state waters" are ineligible. Nominations can be submitted by mail, email, or hand delivered to the receptionist's desk at our Central Office, 1111 East Main Street, Richmond, Virginia.

REQUEST TO INCLUDE A WATER SEGMENT IN DEQ'S ANNUAL MONITORING PLAN

Name:

 

Date: 

Mailing Address:

 

Street

City:

 

State:

 

Zip: 

E-mail address:

 

Home telephone:

Business telephone:

Geographic description of the water body:

(1) Name of the water body or segment proposed for monitoring:

(2) Description of the upstream and downstream boundaries of the water body proposed for monitoring. Attach a map (preferably a photocopy of a 7.5 minute quad USGS topographic map) which delineates the boundaries:

(3) Reason for requesting that this water body be monitored:

(4) Attach any water quality data that you have collected or compiled. Include the name of the organization/entity that generated the data.

Please mail/FedEX/email the requested information/form to the contact listed below.

Contact Information: Stuart Torbeck, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, FAX (804) 698-4032, or email charles.torbeck@deq.virginia.gov.

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Soil and Water Conservation Board conducted a small business impact review of 4VAC50-20, Impounding Structure Regulations, and determined that this regulation should be retained in its current form. The Virginia Soil and Water Conservation Board is publishing its report of findings dated December 5, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for the regulations as they are mandated by law. No public comments were received that suggested changes would minimize the impact of the regulation on small business. The regulations do not have an adverse impact on small businesses and may provide opportunities for small businesses in the engineering, construction, and environmental services industries.

The regulations are technical in nature and because of that technicality can be difficult to understand. The board recognizes that certain sections of the regulations are in need of clarification and will initiate at least one regulatory action to address that need. The regulations do not overlap, duplicate, or conflict with any known federal or state law or regulation.

Contact Information: Christine Watlington, Department of Conservation and Recreation, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-3319, FAX (804) 371-2630, or email christine.watlington@dcr.virginia.gov.

STATE WATER CONTROL BOARD

Notice of Release of 2018 Water Quality Assessment Guidance

The Virginia Department of Environmental Quality (DEQ) has released the Final 2018 Water Quality Assessment Guidance Manual. Virginia's 2018 Water Quality Assessment Guidance Manual contains the assessment procedures and methods to be used for the development of Virginia's 2018 § 305(b)/§ 303(d) Integrated Report (i.e., combined Water Quality Assessment Report and Impaired Waters Report). The assessment guidance seeks to address all key elements of the U.S. Environmental Protection Agency (EPA) 2006 Assessment Guidance and subsequent updates current to December 2018, in addition to the assessment methodology for Chesapeake Bay Water Quality Standards established by EPA, most recently updated in the May 2010 addendum to Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity, and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries. A copy of the Final 2018 Water Quality Assessment Guidance Manual will be available for download from the DEQ Water Quality Assessment webpage at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityAssessments/2018WQAGuidanceManual.aspx. A hard copy can also be requested from Amanda Shaver, Water Quality Assessment Coordinator, using the contact information at the end of this notice.

Section 62.1-44.19:5 C of the Code of Virginia requires DEQ to develop and publish the procedures used for defining and determining impaired waters and provide for public comment on the procedures. A draft version of this guidance was released for 30-day public review and comment on March 5, 2018. Comments were received from five organizations, including the Environmental Protection Agency. DEQ's response to these comments will be available for download at the website provided. Modifications have been made to the guidance document since 2016. A complete list of significant guidance modifications are described in Part II of the manual.

Contact Information: Amanda Shaver, Monitoring Specialist, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4181, FAX (804) 698-4032, or email amanda.shaver@deq.virginia.gov.

Proposed Enforcement Action for Brookfield Stephenson Village LLC

An enforcement action has been proposed for Brookfield Stephenson Village LLC for violations at the Stephenson Village residential development in Frederick County, Virginia. The State Water Control Board proposes to issue a consent order with penalty and injunctive relief to Brookfield Stephenson Village LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from February 4, 2019, to March 6, 2019.

Proposed Consent Order for Dominion Hills Area Recreation Association Incorporated

An enforcement action has been proposed for Dominion Hills Area Recreation Association Incorporated for violations of the State Water Control Law and regulations at the Dominion Hills Recreation Area located in Arlington County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with Dominion Hills Recreation Area. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from February 5, 2019, through March 7, 2019.

Proposed Consent Special Order for
Nutri-Blend Inc.

An enforcement action has been proposed for Nutri-Blend Inc. for violations in Buckingham, Virginia. The State Water Control Board proposes to issue a special order by consent to Nutri-Blend Inc. to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from February 4, 2019, to March 6, 2019.

Proposed Enforcement Action for Tyson Farms Inc.

An enforcement action has been proposed for Tyson Farms Inc. for violations of the State Water Control Law in Temperanceville, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at john.brandt@deq.virginia.gov, FAX at (757) 518-2009, or postal mail Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462 from February 4, 2019, to March 6, 2019.

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.