DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2023 Annual Report on the Agricultural Stewardship Act Available for Review

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, 2022, through March 31, 2023. Copies of this report can be obtained by contacting Nicolas Robichaud at 804-786-3538 or via email at nicolas.robichaud@vdacs.virginia.gov. The report can also be obtained by accessing the Virginia Department of Agriculture and Consumer Services website at http://www.vdacs.virginia.gov/conservation-and-environmental-agricultural-stewardship.shtml. A written request may be sent to the address listed at the end of this notice. Copies of the report are available without charge.

Contact Information: Erin Williams, Senior Policy Analyst, Office of Policy, Planning, and Research, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone 804-786-7157, or email erin.williams@vdacs.virginia.gov.

DEPARTMENT OF ENERGY

Public Comment Opportunity for the Bipartisan Infrastructure Law

The Virginia Department of Energy administers funding for the Bipartisan Infrastructure Law. The department will receive $22.7M for the next 15 years. This increase in funding requires early planning for projects and opportunity for public comment. Some proposed opportunities for projects are identified in problem areas. Virginia Energy will be taking public comment on these proposed problem areas in person and via email at bilcomments@energy.virginia.gov through October 1, 2023.

The dates, times, and locations for the three in-person events happening across the Commonwealth are listed here. (Please note only the audio of these sessions will be recorded.)

August 14, 2023, 6:00 p.m. Mountain Empire Community College, Dalton Cantrell Hall, Rooms 242 and 243, 3441 Mountain Empire Road, Big Stone Gap VA 24219.

August 23, 2023, 6:00 p.m. Southwest Virginia Community College, Dellinger Hall, Room 118, 635 Community College Road, Cedar Bluff VA 24609.

August 29, 2023, 6:00 p.m. Chesterfield Technical Center, 13900 Hull Street, Midlothian VA 23112.

Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, email mike.skiffington@energy.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Tentative § 401 Water Quality Certification of Proposed Army Corps of Engineers Regional Permit 23-R-15 for Maintenance of Existing Drainage Ditches Available for Review and Public Comment

Summary: On July 31, 2023, the U.S. Army Corps of Engineers Norfolk District published a notice of proposed reissuance, with modifications, of the Norfolk District Regional Permit Regional Permit 15 (RP-15) and its general conditions. The current 2018 Regional Permit 15 (18-RP-15) expires September 5, 2023.

Purpose of this notice: The Virginia Department of Environmental Quality (DEQ) is giving notice of its tentative § 401 Water Quality Certification decision to conditionally certify the Norfolk District Regional Permit 2023 Regional Permit 15 (23-RP-15). While DEQ conditionally certified the 2018 version of this regional permit, this tentative conditional certification changes the specific conditions being applied to streamline review and permitting efforts for all relevant agencies given the limited scope of this proposed regional permit. This notice is requesting public comment beginning August 17, 2023.

How to comment: Comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 11:59 p.m. on September 15, 2023. Only those comments received within this period will be considered by DEQ. DEQ accepts written comments by the following methods: (1) hand-delivery to Virginia Department of Environmental Quality, Office of Wetlands and Stream Protection, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219; (2) email to vwppublicnotices@deq.virginia.gov; or (3) postal mail to Virginia Department of Environmental Quality, Office of Wetlands and Stream Protection, P.O. Box 1105, Richmond, Virginia 23218.

For technical issues with comment submittal, contact Dave Davis, Office of Wetlands and Stream Protection, Virginia Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218, telephone (804) 698-4105.

DEQ grants this conditional water quality certification (WQC) for the U.S. Army Corps of Engineers 23-RP-15 authorizing the maintenance of existing drainage ditches originally constructed in and previously authorized in navigable waters of the United States, effective by September 2023, pursuant to § 401 of the Clean Water Act of 1977 (33 USC § 1341); Title 62.1 of the Code of Virginia, including Chapter 3.1 (State Water Control Law); Virginia Water Protection Permit Program Regulation (9VAC25-210 et seq.); and Water Quality Standards (9VAC25-260 et seq.). This WQC applies to any activity in those waters of the United States and in all state surface waters in Virginia regulated pursuant to the laws and regulations of the Commonwealth.

DEQ finds that there is reasonable assurance that the discharge from activities authorized by this permit will comply with water quality requirements and will be conducted in a manner that will not violate applicable water quality standards, provided the permittee abides by all conditions and requirements contained in the 23-RP-15 and this WCQ as detailed in this notice:

WQC Condition 1: Application to DEQ shall be required for any proposed project that involves surface water withdrawals (9VAC25-210-300) or activities related to the withdrawal of surface water, including but not limited to all activities related to intakes, reservoirs, diversions, and water supply impoundments or dams, in accordance with Virginia Water Protection Permit Program Regulation (9VAC25-210 et seq.) and State Water Control Law. A DEQ Virginia Water Protection (VWP) permit program decision shall need to have been finalized prior to the project proponent conducting surface water withdrawal activities. If a DEQ VWP general permit coverage or individual permit is issued, it shall be based on all impacts of the proposed activities in or on surface waters pursuant to applicable permit regulations and State Water Control Law. Compensatory mitigation may be required for all permanent impacts. Other permits may be required from DEQ based on the proposed activities or impacts.

WQC Condition 2: Deviations from the original configuration or filled area shall not change the character, scope, or size of the original design or approved alternative design.

40 CFR 121.7(d)(2)(i): This condition is necessary in order to ensure that (i) any discharge authorized under the general license or permit will comply with water quality requirements; (ii) activities will not cause or contribute to a significant impairment of state waters or fish and wildlife resources; and (iii) state water quality requirements are met, including the General Criteria in 9VAC25-260-20 that "State waters, including wetlands, shall be free from substances attributable to sewage, industrial waste, or other waste in concentrations, amounts, or combinations which contravene established standards or interfere directly or indirectly with designated uses of such water or which are inimical or harmful to human, animal, plant, or aquatic life."

40 CFR 121.7(d)(2)(ii): Article XI, Section 1 Constitution of Virginia; Title 62.1 of the Code of Virginia; State Water Control Law (§§ 62.1-44.2 through 62.1-44.34:28 of the Code of Virginia); Scenic River Act (§ 10.1-400 et seq. of the Code of Virginia); Dam Safety Act (§ 10.1-604 et seq. of the Code of Virginia); § 10.1-1408.5 of the Code of Virginia; Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia; §§ 62.1-7, 62.1-8, 62.1-10, 62.1-11, and 62.1-194 through 62.1-194.3 of the Code of Virginia; 9VAC25-31 et seq., 9VAC25-40 et seq., 9VAC25-210 et seq., 9VAC25-260 et seq., 9VAC25-380 et seq., 9VAC25-401 et seq., 9VAC25-410 et seq., 9VAC25-415 et seq., 9VAC25-630 et seq., 9VAC25-660 et seq., 9VAC25-690 et seq. as applicable, 9VAC25-720 et seq., 9VAC25-820 et seq., 9VAC25-830 et seq., 9VAC25- 840 et seq., 9VAC25-870 et seq., 9VAC25-880 et seq., and 9VAC25-890 et seq.; 33 USC §§ 1251 et seq., 1313(d), 1315(b), 1317(a), 1341 et seq., 1344 et seq., and 1370; 33 CFR Part 332; 40 CFR 121 et seq. and 131 et seq.; and Public Law 95-217. Non-compliance with Title 62.1 of the Code of Virginia, including the State Water Control Law or applicable VWP Permit Program regulations, or otherwise violating Virginia state water quality standards, may result in civil penalties.

DEQ reserves its right to revise this WQC based on any future amendments to state or federal permits, laws, or regulations. DEQ's WQC neither replaces nor supersedes requirements set forth by other local, state, federal, and Tribal laws. DEQ's WQC does not eliminate the need to obtain additional permits, approvals, consultations, or authorizations as required by law before proposed activities may commence.

Contact Information: Dave Davis, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23219, telephone (804) 698-4105, email vwppublicnotices@deq.virginia.gov.

Public Meeting and Opportunity for Public Comment for a Cleanup Plan for Portions of the North Fork Rivanna River Watershed

Purpose of Notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup plan for impaired waters, also known as an Implementation Plan (IP), for the North Fork Rivanna River watershed in Albemarle County and Greene County, Virginia. These streams are listed as impaired since monitoring data indicates that the waters do not meet Virginia's water quality standards for bacteria and aquatic life (benthic). 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. Once a cleanup study is developed, § 62.1-44.19:7 of the Code of Virginia outlines the requirements needed in a cleanup plan to address the pollutants contained in the study.

DEQ is developing a cleanup plan to identify the actions necessary to address the water quality impairment in the North Fork Rivanna River watershed. DEQ will introduce the community to the process used to develop the plan and invite the public to contribute to the plan by participating in IP community engagement meetings. Any person interested in participating should notify the DEQ contact person and provide the person's name, address, telephone number, email address, and the organization being represented (if any). The proposed cleanup plan will explain the pollutant reductions needed to meet the targets contained in both the benthic (2020) and bacteria (2009) TMDL reports prepared for the watershed. The plan will also recommend a specific set of voluntary best management practices (BMPs) for agricultural lands, residential septic systems, pet waste, and urban practices to reduce both bacteria and sediment from entering area streams. It will also include associated costs and a timeline of the expected achievement of water quality objectives.

Cleanup Plan Location: The cleanup plan addresses the following impaired stream segments: Blue Run from the headwaters downstream to its confluence with Swift Run (8.72 mi) for failure to meet the general standard for aquatic life (benthic); Marsh Run from the headwaters downstream to its confluence with the North Fork Rivanna River (3.65 mi) for failure to support aquatic life; Preddy Creek is impaired for failing to support aquatic life and for exceedance in E. coli from the headwaters downstream to its confluence with the North Fork Rivanna River (7.48 mi); Preddy Creek North Branch is impaired from the headwaters downstream to its confluence with Preddy Creek (6.24 mi) for failing to support aquatic life and for exceedance in E. coli; Quarter Creek is impaired for 1.58 miles of its length from the damn outfall at Jonquil Road downstream to its confluence with Swift Run for failing to support aquatic life; the North Fork Rivanna River is listed as impaired for a total length of 7.33 miles from the confluence of the Lynch River downstream to the Rivanna Water and Sewer Authority North Fork Rivanna River public water intake for failing to meet aquatic life use; the North Fork Rivanna River is also listed as impaired for an exceedance in E. coli for 3.98 miles from the public water intake to the confluence of the Rivanna River; Standardsville Run and its tributaries are listed as impaired for failure to meet standards for aquatic life from the headwaters downstream to the confluence with Blue Run (5.71 mi); Swift Run is impaired for failing to support aquatic life and for exceedance in E. coli for 1.91 miles from its confluence with Welsh Run downstream to its confluence with the North Fork Rivanna River; and the unnamed tributary to Flat Branch is impaired from its headwaters downstream to its confluence with Flat Branch (2.03 mi) for failing to support aquatic life.

Public Meeting: PVCC Eugene Giuseppe Center, 222 Main Street, Standardsville, Virginia 22973 on September 20, 2023, at 6:00 p.m. In the event of inclement weather, the meeting will be held on September 27, 2023, at the same time and location.

Public Comment Period: September 20, 2023, to October 20, 2023.

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

For public comments, document requests, and additional information, contact the staff member listed at the end of this notice. Throughout the development process, information about this plan will be posted at https://www.deq.virginia.gov/our-programs/water/water-quality/implementation/implementation-plans-under-development.

Contact Information: Madison Whitehurst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219, telephone (804) 489-8796, FAX (804) 698-4178, or email madison.whitehurst@deq.virginia.gov.

Proposed Enforcement Action for Shenandoah County

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Shenandoah County for violations of State Water Control Law and regulations in Shenandoah County, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from September 11, 2023, to October 20, 2023.

Contact Information: Francesca Wright, Enforcement Specialist, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX 804-698-4178, or email francesca.wright@deq.virginia.gov.

Proposed Enforcement Action for Southern Development Group Inc.

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Southern Development Group Inc. for violations of State Water Control Law and regulations in Fluvanna County, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from September 11, 2023, to October 20, 2023.

Contact Information: Francesca Wright, Enforcement Specialist, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX 804-698-4178, or email francesca.wright@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.