GENERAL NOTICES
Vol. 38 Iss. 11 - January 17, 2022

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Chapter II Provider Manual Update

The draft Chapter II of the Local Education Agency is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/. The changes made will be effective for Chapter II of all provider manuals.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

Draft Opioid Treatment Services Supplement

The draft Opioid Treatment Services Supplement Provider Manual is now available on the Department of Medical Assistance Services website at https://dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Accomack County

An enforcement action has been proposed for Accomack County for violations of State Water Control Law at the Accomack County Sand Street nonmetallic mineral mine. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax, or postal mail from January 17, 2022, to February 16, 2022.

Contact Information: John Brandt, Enforcement Manager, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email john.brandt@deq.virginia.gov.

Proposed Enforcement Action for Brookhill Apartments LLC

An enforcement action has been proposed for Brookhill Apartments LLC for violations at the Brookhill Apartments development in Albemarle County, Virginia. The State Water Control Board proposes to issue a consent order with penalty to Brookhill Apartments LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax or postal mail from January 17, 2022, to February 16, 2022.

Contact Information: Eric Millard, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email eric.millard@deq.virginia.gov.

Announcement of Public Meeting and Comment Period: Mountain Run, Muddy Run, and Lower Hazel River Total Maximum Daily Load Implementation Plan

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a cleanup plan, also known as a total maximum daily load (TMDL) implementation plan. The plan was developed for the following streams located in Culpeper County, Virginia: Flat Branch, Indian Run, the (lower) Hazel River, Jonas Run, Mountain Run, Mountain Run Reservoir, Muddy Run, an unnamed tributary to Jonas Run, and Waterford Run. These streams are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of the Commonwealth's water quality standards for bacteria.

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 Virginia's § 303(d) TMDL Priority List and Report, and Virginia state law requires implementation plans for areas with TMDLs.

The first public meeting for this project was held on October 28, 2020; workgroup meetings were conducted from January to May of 2021, and a steering committee meeting to review the initial draft report was held on October 15, 2021.

The final public meeting on the development of the implementation plan to address the bacteria impairment for these segments will be held:

Thursday, February 3, 2022, from 6 p.m. until 7:30 p.m.

Location: Lenn Park Pavilion, 19206 Edwin Way, Culpeper, VA 22701

Seating in the pavilion meeting room will be set up to allow for social distancing. DEQ also expects meeting participants to wear a mask during the meeting. In the event of inclement weather, this meeting will be held at the same time and location on Thursday, February 10, 2022.

Public Comment Period: February 4, 2022, to March 7, 2022. Throughout the 30-day public comment period, the draft implementation plan can be found at: https://www.deq.virginia.gov/water/water-quality/implementation/implementation-plans-under-development.

How to Submit a Comment: Comments must be submitted in writing to the DEQ contact person by postal mail or email. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments.

Information on the development of the plan is available upon request. Questions or information requests should be addressed to the DEQ contact person.

Contact Information: David Evans, Nonpoint Source Coordinator, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3835, or email david.evans@deq.virginia.gov.

Virginia Department of Environmental Quality announces the availability of the 2020 Fish Tissue Monitoring Data

Background: The Virginia Department of Environmental Quality (DEQ) conducts routine studies of fish tissue and sediment samples in state waters to assess the human health risks for individuals who may consume fish from state waters and to identify impaired aquatic ecosystems. Results are made available to the public each year on the agency's website.

In 2020, DEQ collected fish tissue samples from sites located in the watersheds of the Dan and Roanoke Rivers, Shenandoah River, Tennessee River (Cinch, Powell, and Holston), Chesapeake Bay mainstem and tributaries (Mobjack and Pocomoke Rivers), tidal Rappahannock River, and the Maury River. Samples were analyzed for polychlorinated biphenyls and a suite of 17 metals, including mercury.

2020 monitoring results are available on the agency's website at: https://www.deq.virginia.gov/water/water-quality/monitoring/fish-tissue-monitoring.

Additional Information: The Virginia Department of Health (VDH) uses the data generated by DEQ's fish tissue monitoring program to determine the need for fish consumption advisories. More information on VDH fish consumption advisories is available at https://www.vdh.virginia.gov/environmental-health/public-health-toxicology/fish-consumption-advisory/.

Questions on DEQ's fish tissue monitoring program can be directed to Rick Browder at richard.browder@deq.virginia.gov or Gabriel Darkwah at gabriel.darkwah@deq.virginia.gov. Additional information is also available on the DEQ Water Quality Monitoring website at https://www.deq.virginia.gov/water/water-quality/monitoring.

Contact Information: Gabriel Darkwah, Water Quality Monitoring Specialist, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23218, telephone (804) 698-4127, or email gabriel.darkwah@deq.virginia.gov.

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 Quality's annual water quality monitoring plan. 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 the Department of Environmental Quality (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.

The nominating form is included at the end of this notice. Use of the nomination form is preferred, however, all nominations with the minimum of information as outlined will be accepted for review. Some waterbodies, such as private ponds, private lakes, and others may be ineligible. Please contact the contact person listed at the end of this notice for further information.

Nominations can be submitted by email, postal mail, or hand delivered to the receptionist's desk at the Central Office at 1111 East Main Street, Richmond, Virginia, email: charles.torbeck@deq.virginia.gov.

Mailing address: Stuart Torbeck, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218.

Street address (FedEx): Stuart Torbeck, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219.

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

Name:

Date:

Mailing Address:

Street:

City:

State:

Zip:

E-mail address:

Home telephone:

Business telephone:

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

(2) Please provide a description of the upstream and downstream boundaries of the water bodies that show specifically where monitoring is proposed. Please describe the monitoring site locations as thoroughly as possible. A site map (photocopy, or screenshot of an online map) is preferred. Latitude/longitude coordinates and descriptions of identifiable landmarks such as road crossings are also very helpful.

(3) Monitoring objective. Please give the reason for requesting the monitoring and, if possible, list the types of measurements or sampling that you are requesting.

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

Contact Information: Stuart Torbeck, Water Quality Monitoring Specialist, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219, telephone (804) 698-4461, or email charles.torbeck@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.