GENERAL NOTICES
Vol. 37 Iss. 4 - October 12, 2020

DEPARTMENT OF ENVIRONMENTAL QUALITY

North Ridge Powhatan Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) - Powhatan County

North Ridge Powhatan Solar LLC has provided the Department of Environmental Quality with a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Powhatan County. The project is located on 197 acres off Anderson Highway/Route 60 West in Powhatan. The project will have a rated capacity of 20 megawatts alternating current and include approximately 65,000 photovoltaic 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, or email mary.major@deq.virginia.gov.

Shockoe Solar LLC Notice of Intent for Small Renewable Energy Project
(Solar) - Pittsylvania County

Shockoe 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 Shockoe. The project is located south of Java Road, north of Brownville Heights Lane, and northeast of the town of Shockoe in Pittsylvania County. The project will be sited on roughly 885 acres across multiple parcels and will connect up to 60 megawatts alternating current to Dominion Virginia Power's grid.

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, or email mary.major@deq.virginia.gov.

Spring Grove Solar II LLC Revised Notice of Intent for Small Renewable Energy Project
(Solar) - Surry County

Spring Grove Solar II LLC has provided the Department of Environmental Quality the necessary documentation for a permit by rule for a small renewable energy project (solar) in Surry County. This is an update of the acreage and general location of project. The proposed project is approximately 1,650 acres and is located east of Spring Grove. The proposed project spans Colonial Trail West and is generally bound by Hollybush Road (Route 618) and Swanns Point Road (Route 610) in Surry County. The project will have a maximum generating capacity of 150 megawatts alternating current and consist of approximately 346,710 photovoltaic panels. The project will connect to the grid through transmission lines that bisect the property.

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, or email mary.major@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Durable Medical Equipment Provider Manual Chapter IV

Comment period: September 16, 2020, through October 16, 2020.

The Draft Durable Medical Equipment Manual Chapter IV is now available on the Department pf Medical Assistance Services website at http://dmas.virginia.gov/#/manualdraft for public comment until October 16, 2020.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for the
Town of Dungannon

An enforcement action has been proposed for the Town of Dungannon for violations of the State Water Control Law at the Dungannon sewage treatment plant in Scott County. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jonathan Chapman will accept comments by email at jonathan.chapman@deq.virginia.gov or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from October 13, 2020, through November 12, 2020.

Proposed Enforcement Action for Schneider National Bulk Carriers Inc.

An enforcement action has been proposed for Schneider National Bulk Carriers Inc. for violations of the State Water Control Law on Interstate 77 Southbound, south of Mile Marker 40, within the interchange ramp from Interstate 77 South to Interstate 81 North, located in Wytheville, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from October 13, 2020, through November 12, 2020.

Total Maximum Daily Load Study for Lynch Creek and Reed Creek

Description of public meeting: The Department of Environmental Quality (DEQ) will virtually host the first public meeting for the Lynch Creek and Reed Creek total maximum daily load (TMDL) Project on Thursday, October 27, 2020, from 6 p.m. until 8 p.m. To register and gain access to the meeting, use the following link at https://attendee.gotowebinar.com/register/4344247816492556299. The webinar ID is: 496-521-571. Please register ahead of the meeting. Given the current State of Emergency related to the COVID-19 pandemic, this meeting will be held entirely virtually. A computer or a telephone are necessary to participate virtually. All participants are encouraged to access the meeting using a computer to view presentations or visual displays, although audio only participation using a phone is also an option.

This meeting will be open to the public and all are welcome. A 30-day public comment period will follow this meeting, from October 27, 2020, through November 30, 2020. The goal of this meeting is to introduce the local community to the water quality improvement process in Virginia, known as the TMDL process, provide information on biological monitoring efforts, invite participation, and solicit input. During this meeting participants will be invited to serve on the technical advisory committee (TAC), which consists of representatives from local governments, Virginia Pollutant Discharge Elimination System permittees, riparian landowners, and recreational and conservation groups in the watershed. The first TAC meeting will be held on Monday, November 2, 2020, from 1 p.m. until 3 p.m. To register and gain access to the meeting, use the following link at https://attendee.gotowebinar.com/register/8010754057264988171. The webinar ID is: 610-365-115. Both meetings will be recorded.

For technical help registering for either meeting or during the meeting, please contact Kevin Vaughan by telephone at (804) 698-4470 or email at kevin.vaughan@deq.virginia.gov. For more information, please contact Lucy Baker by email at lucy.baker@deq.virginia.gov or telephone at (540) 562-6718.

Purpose of notice: The DEQ and its contractors, 3E, and James Madison University will discuss the process and data used to develop a water quality study, known as a TMDL for Lynch Creek and Reed Creek in Pittsylvania and Campbell Counties. These streams are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for the General Standard (Benthics). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia requires DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. This meeting is an opportunity for local residents to learn about the condition of these streams, share information about the area, and become involved in the process of local water quality improvement. A public comment period will follow the meetings on October 10, 2020, beginning October 27, 2020, and ending November 30, 2020.

Description of study: In Pittsylvania and Campbell Counties, the entirety of Lynch Creek and Reed Creek are impaired for the "General Use" water quality standard, meaning the macroinvertebrates or "water bugs" are not healthy and diverse and subsequently do not meet the "aquatic life" water quality standard. DEQ and its contractors are working to identify the pollutant cause for the benthic impairment through a weight of evidence approach. After the pollutant has been identified, a water quality study will report on the sources of the pollutant and recommend reductions to meet TMDLs for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, the pollutant levels need to be reduced to the TMDL amount.

Stream Name

County

NWBD

Impaired Assessment Units

Cause Group Code

First listed

Length of impairment (miles)

Lynch Creek

Campbell County

RU48

VAW-L19R_LYH01A02

L19R-02-BEN

2010

0.37

RU48

VAW-L19R_LYH02A02

L19R-02-BEN

2010

3.53

Reed Creek

Pittsylvania County

RU48

VAW-L19R_RAB01A00

L19R-03-BEN

2010

8.90

How to comment and participate: The meetings of the TMDL process are open to the public and all interested parties are welcome. A TAC will be formed to assist in the development of this TMDL. The first meeting of this group will be on November 2, 2020, from 1 p.m. until 3 p.m. at the link listed in this notice. Written comments will be accepted through November 30, 2020, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit comments, please contact Lucy Baker, Department of Environmental Quality, Blue Ridge Regional Office, telephone at (540) 562-6718, or email at lucy.baker@deq.virginia.gov. For technical help registering for either meeting or signing on to the meeting, please contact Kevin Vaughan by at telephone (804) 698-4470 or email at kevin.vaughan@deq.virginia.gov.

In the event the Governor's State of Emergency is lifted, the meeting will be held on the same date and time at the Department of Environmental Quality, Blue Ridge Regional Office, Training Room, 901 Russell Drive, Salem, VA 24153.

Total Maximum Daily Load for Sand Branch

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for Sand Branch in Loudoun and Fairfax Counties. The following stream segment is listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of the State's water quality standards for General Standard (Benthics).

Stream Name

Location

Impairment Length (miles)

Upstream Limit

Downstream Limit

Sand Branch

Loudoun/Fairfax

1.54 mi

Headwaters

Confluence with Cub Run

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginias § 303(d) TMDL Priority List and Report. A component of a TMDL is the waste load allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

Given the existing State of Emergency related to the COVID-19 pandemic, this meeting will be held entirely virtually. A computer or a telephone is necessary to participate virtually. All meeting attendees are encouraged to access the meeting using a computer to view the meeting visuals. Attendees may also use a phone for audio and a computer for visual to avoid possible interruptions in computer audio. Although the use of a phone for audio only participation is possible, since the meeting will rely on visuals, audio only participation is discouraged. The webinar link to register for the virtual meeting is provided at the end of this notice. Once registered for the meeting, registrants will receive an email with the URL and telephone information to participate in the meeting. If meeting attendees experience any interruption in the meeting broadcast, they should call the technical support line that is also provided at the end of this notice.

The first public meeting and technical advisory committee (TAC) on the development of the TMDL to address the General Standard (Benthics) for this segment will be held: Thursday, October 29, 2020, from 3:30 p.m. until 5 p.m.

To register for this virtual meeting and to receive access information, sign up at https://attendee.gotowebinar.com/register/1016104185026444812. For technical assistance during the meeting call (703) 583-3906.

In the event that the Governor's State of Emergency is lifted, the meeting will be held on the same date and time at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193.

The public comment period begins October 30, 2020, and ends November 30, 2020. A TAC to assist in development of this TMDL is being convened concurrent with the public meeting. Persons interested in being a member of the TAC should notify the DEQ contact person by the end of the comment period and provide their name, address, phone number, email address, and the organization being represented (if any). Notification of the composition of the panel will be sent to all applicants.

Information on the development of the TMDLs for the impairments is available upon request. Questions or information requests should be addressed to the DEQ contact person listed. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to the DEQ contact person: Sarah Sivers, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3898, or email sarah.sivers@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.