GENERAL NOTICES
Vol. 39 Iss. 11 - January 16, 2023

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Arlington County Water Pollution Control Bureau

An enforcement action has been proposed for Arlington County Water Pollution Control Bureau for violations of State Water Control Law and regulations and applicable permit at an Arlington County water pollution control plant located in Arlington, Virginia. The proposed consent order is available from the Department of Environmental Quality contact listed or at www.deq.virginia.gov/permits-regulations/public-notices. The staff contact will accept written comments from January 16, 2023, to February 15, 2023.

Contact Information: Holly Shupe, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email holly.shupe@deq.virgnia.gov.

Proposed Consent Special Order for Glenwood Ridge Apartments LLC - City of Richmond

The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to Glenwood Ridge Apartments LLC for alleged violation of the Virginia Waste Management Act at the Glenwood Ridge Apartments, 3801 Glenwood Avenue, Richmond, Virginia. Latitude and longitude coordinates are 37.5260, -77.4058. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email or postal mail from January 16, 2023, to February 15, 2023.

Contact Information: Cara Witte, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 712-4192, or email cara.witte@deq.virginia.gov.

Notice of Consent Special Order Amendment for Henrico County

The Department of Environmental Quality (DEQ) proposes to issue an amendment to a consent special order issued to Henrico County on December 15, 2021, for violation of the Virginia State Water Control Law. The amendment proposes to add certain requirements to the order to improve planning, monitoring, and upgrades. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email or postal mail from January 16, 2023, to February 15, 2023.

Contact Information: Jeff Reynolds, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.

Proposed Enforcement Action for Love's Travel Stops and Country Stores Inc. - Wythe County

An enforcement action has been proposed for Love's Travel Stops and Country Stores Inc. for violations of the State Water Control Law at 145 Major Grahams Road, Max Meadows, Wythe County. The Department of Environmental Quality (DEQ) proposes to issue a consent order to resolve violations associated with the facility. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from January 17, 2023, to February 16, 2023.

Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.

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

North Ridge Culpeper Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Culpeper County. North Ridge Culpeper Solar Project will be located off of Sherwood Farm Road off Route 3 East in Stevensburg, Virginia. Latitude and longitude coordinates are 38.423346, -77.869669. The proposed project is approximately 26.0 megawatts alternating current on 345 acres and will include approximately 75,000 photovoltaic solar panels.

Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.

Willow Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Franklin County

Willow Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Franklin County. Willow Solar Project will be located in Rocky Mount, Virginia. Latitude and longitude coordinates are 36.968325, -79.932292. The proposed project is an approximately 12 megawatts alternating current photovoltaic ground-mounted solar facility. The footprint area of the project is approximately 150 acres. The solar array will use approximately 32,000 solar panels.

Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@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, the 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 (DEQ) 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, 2023, 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, 2023.

Please see the nomination form. Use of the nomination form is preferred; however, all nominations with the minimum of information as outlined in this notice 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 body of water not deemed to be "state waters" are ineligible.

Nominations can be submitted by email, postal mail, or hand delivered to the receptionist desk at the DEQ Central Office at 1111 East Main Street, Richmond, Virginia.

Email: citizenwater@deq.virginia.gov

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

Street address: Meighan Wisswell, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219

Nomination Form: Request to Include a Water Segment in the DEQ Annual Monitoring Plan

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: Meighan Wisswell, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, or P.O. Box 1105, Richmond, VA 23218, telephone (571) 866-6494, or email citizenwater@deq.virginia.gov.

Notice of Public Solicitation of Water Quality Data for Virginia's 2024 Water Quality Assessment Integrated Report

The Virginia Department of Environmental Quality (DEQ) is currently requesting data in preparation of the 2024 Water Quality Assessment Integrated Report (IR). In order to provide a comprehensive report on water quality conditions in the Commonwealth, DEQ accepts water quality data from a variety of sources, including volunteers and other monitoring groups outside of DEQ. If an organization collected water quality data in Virginia during January 1, 2017, through December 31, 2022, the organization should consider submitting the data for review and consideration for use in the 2024 IR.

DEQ accepts water quality data to be reviewed and evaluated for assessment purposes on a continual basis. However, in order to be used for the 2024 IR, all data must be submitted to DEQ by March 6, 2023. Data submitted after this date will be reviewed in preparation of the 2026 IR.

The process for submitting data to DEQ is outlined on the agency's Citizen Monitoring website under "Submit your Monitoring Data to DEQ" at https://www.deq.virginia.gov/water/water-quality/monitoring/citizen-monitoring. Notably this cycle, DEQ has released the Virginia Data Explorer (VDE), a collaboration between DEQ and the Chesapeake Monitoring Cooperative, as a platform for submitting water quality data collected by volunteers and other monitoring groups outside of DEQ for consideration in the 2024 IR.

DEQ will hold a public webinar to provide an overview of the new VDE and the process for submitting water quality monitoring data to DEQ on Tuesday, February 7, 2023, from 5:30 p.m. until 7 p.m. Register for the webinar at https://attendee.gotowebinar.com/register/3893139104808588892.

Questions on submitting water quality monitoring data to DEQ may be sent to citizenwater@deq.virginia.gov, or by contacting Drew Garey, telephone (804) 659-2673, or Reid Downer, telephone (804) 217-4777, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218.

Contact Information: Drew Garey, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2673, or email citizenwater@deq.virginia.gov.

Public Meeting and Opportunity for Public Comment for a Cleanup Study for Hat Creek and Black Creek in Nelson County

Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load report (TMDL), for Hat Creek and Black Creek in Nelson County. These streams are listed as impaired waters and require a cleanup study since monitoring data indicates that the waters do not meet Virginia's water quality standards for Aquatic Life (Benthic impairment). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. A component of a cleanup study is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Code of Virginia for any future adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. DEQ will introduce the community to the process used in Virginia to improve stream water quality, provide pollutant source and monitoring information for the Hat Creek and Black Creek watershed, discuss the next steps in the study process, and invite the public to participate in the study through an advisory committee.

Cleanup study location: The cleanup study addresses impaired stream segments as described. The Hat Creek stream segment, located in Nelson County, is 9.5 miles long and begins at the headwaters of Hat Creek and continues to its confluence with the Tye River. The Black Creek stream segment, located in Nelson County, is two miles in length and begins at the headwaters of Black Creek and continues to the confluence with the Tye River.

Advisory committee: An advisory committee to assist in development of this cleanup study will be established. Persons interested in participating 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 represented (if any). Notification of the composition of the advisory committee will be sent to all applicants.

Public meeting: The first public meeting on the development of the cleanup study will be held at the Nelson County Public Library, 8521 Thomas Nelson Highway, Lovingston, VA 22949, on January 25, 2023, from 5:30 p.m. to 7 p.m. In the event of inclement weather, the meeting will be held on January 30, 2023, at the same time and location.

Public comment period: January 25, 2023, to February 24, 2023.

How to comment: DEQ accepts comments orally at the public meeting, by email, fax, or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing addresses, and telephone numbers of the commenter or requester.

Contact the staff person listed for public comments, document requests, and additional information.

Contact Information: Nesha McRae, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, Harrisonburg, VA 24401, telephone (540) 217-7173, FAX (804) 698-4178, or email nesha.mcrae@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Addiction and Recovery Treatment Services Provider Manual Chapter II

The draft ARTS Provider Manual Chapter II 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/ for public comment until January 20, 2023.

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.

Draft Hospital Provider Manual Chapter V

The draft Hospital Provider Manual Chapter V 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/ for public comment until January 19, 2023.

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.

Draft Mental Health Services Provider Manual Chapter V

The draft Mental Health Services Provider Manual Chapter V 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/ for public comment until January 26, 2023.

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.

Draft Residential Treatment Services Provider Manual Chapter V

The draft Residential Treatment Services Provider Manual Chapter V 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/ for public comment until January 20, 2023.

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.

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.