DEPARTMENT OF CONSERVATION AND RECREATION

Proposed Consent Special Order for Harrell Contracting, Inc.

Purpose of notice: To seek public comment on the terms of a proposed Consent Special Order (order) issued to Harrell Contracting, Inc.

Public comment period: May 24, 2010, through June 23, 2010.

Summary of proposal: The proposed order describes a settlement between the Virginia Soil and Water Conservation Board and Harrell Contracting, Inc. to resolve alleged past violations of the Virginia Stormwater Water Management Act and the Virginia Stormwater Management Program (VSMP) Permit Regulations at the Quality Culvert construction project in Greensville County, Virginia. The proposed order requires payment of a $20,550 civil charge.

How to comment: The Virginia Department of Conservation and Recreation accepts written comments from the public by mail, email, or facsimile. All comments must include the name, address, and telephone number of the person commenting. Comments must be received during the comment period. A copy of the proposed order is available on request from the person identified directly below as the contact.

Contact for public documents and additional information: David Kearney, Virginia Department of Conservation and Recreation, 203 Governor Street, Suite 206, Richmond, VA 23219, telephone (804) 225-2558, FAX (804) 786-1798, or email david.kearney@dcr.virginia.gov.

Contact Information: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Modification of Appomattox River Total Maximum Daily Load

Notice is hereby given that the Virginia Department of Environmental Quality (DEQ) seeks comment on proposed modifications to the bacteria total maximum daily load (TMDL) developed for the Appomattox River and tributaries located in Appomattox, Buckingham, Cumberland, Prince Edward, Amelia, Nottoway, Powhatan, Chesterfield, Dinwiddie, and Prince George Counties and the Cities of Petersburg, Colonial Heights, and Hopewell, Virginia. A TMDL of E. coli was developed to address the bacterial impairments in the Appomattox River Basin. This TMDL was approved by the federal Environmental Protection Agency on August 30, 2004, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/
jamesrvr/app.pdf. DEQ seeks written comments from interested persons on the modification of this TMDL.

The U.S. Army Garrison and Fort Lee (VPDES Permit #0059161) is an industrial minor facility that discharges to the Appomattox River (segment 3). The facility was assigned a waste load allocation (WLA) of 8.73E+11 cfu/year in the TMDL based on the design flow of 0.5 million gallons per day (MGD). However, this facility is a potable water treatment plant (not a sewage treatment plant); therefore, the discharge from this facility is not considered to contribute bacteria and monitoring of the effluent is not required under the permit.

The Appomattox River Water Authority (VPDES Permit #0005819) is an industrial minor facility that discharges to an unnamed tributary of Lake Chesdin (segment 2 of Appomattox River). The facility was assigned a WLA of 4.70E+12 cfu/year in the TMDL based on the design flow of 2.7 MGD. However, this facility is a potable water treatment plant (not a sewage treatment plant); therefore, the discharge from this facility is not considered to contribute bacteria and monitoring of the effluent is not required under the permit.

Therefore, DEQ proposes the following changes to the report:

· Remove the WLA assigned to U.S. Army Garrison and Fort Lee (VPDES Permit #0059161) and add the 8.73E+11 cfu/year to a future growth load for segment 3 of the Appomattox River (as stated in the report).  This facility's outfall lies within segment 3.

· Remove the WLA assigned to the Appomattox River Water Authority (VPDES Permit #0005819) in segments 2 and 3 of the Appomattox River and add the 4.70E+12 cfu/year to a future growth load for the respective segments. This facility's outfall lies within segment 2. The WLA portion of this facility assigned in segment 3 was intended to be protective of the downstream impairment and will be added to the future growth load in segment 3.

· Total future growth load (moved from the WLA) in segment 2 will equal 4.70E+12 cfu/year.

· Total future growth load (moved from the WLA) in segment 3 will equal 5.57E+12 cfu/year.

For the bacterial TMDL, the proposed WLA changes will neither cause nor contribute to the nonattainment of the Appomattox River basin (0% increase).

The public comment period for this modification will end on June 23, 2010. Please include the name, address, and telephone number of the person submitting comments or questions and send to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, or email margaret.smigo@deq.virginia.gov.

Draft Permit and Total Maximum Daily Load Modification in Augusta County

Purpose of notice: To seek public comment on a draft permit from the Virginia Department of Environmental Quality (DEQ) and associated modifications of a total maximum daily load (TMDL) that will allow the release of industrial wastewater from potable water treatment plant into a water body in Augusta County, Virginia.

First public notice issue date: April 30, 2010.

Public comment period: 30 days following first public notice issue date.

Permit name and number: Virginia Pollutant Discharge Elimination System Permit - Wastewater (Permit No. VA0084212) issued by DEQ, under the authority of the State Water Control Board.

Name and address of applicant: Augusta County Service Authority, 18 Government Center Lane, P.O. Box 859, Verona, VA 24482.

Name and address of facility: Churchville Water Treatment Plant, 356 Buffalo Gap Highway, Churchville, VA 24421.

Project description: The Augusta County Service Authority has applied for reissuance of the referenced permit. The applicant proposes to release treated industrial wastewater from a potable water treatment plant at a rate of 0.14 million gallons per day (MGD) into Whiskey Creek in Augusta County in the Middle River watershed. A watershed is the land area drained by a river and its incoming streams. The permit will limit the following pollutants to amounts that protect water quality: solids, chlorine, bacteria, chloride, and pH.

Modification of Middle River TMDL: A TMDL has been developed for bacteria to address recreational use impairment in the Middle River. This TMDL was approved by the federal Environmental Protection Agency on August 10, 2004, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/shenrvr/middle.pdf. DEQ proposes to modify the wasteload allocation tables in this TMDL to accommodate the increased discharge from this facility. The revised WLA tables would accommodate this discharge at a permitted design flow of 0.14 MGD and at permitted E. coli concentration of 126 cfu/100ml. This equates to an annual bacteria WLA of 2.44 x 1011 cfu/100ml for this facility.

How to comment and/or request a public hearing: DEQ accepts comments and requests for public hearing by email, fax, or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. Submittals must include the names, mailing addresses, and telephone numbers of the commentator/requestor and of all persons represented by the commentator/requestor. A request for public hearing must also include: (i) the reason why a public hearing is requested; (ii) a brief, informal statement regarding the nature and extent of the interest of the requestor or of those represented by the requestor, including how and to what extent such interest would be directly and adversely affected by the permit; and (iii) specific references, where possible, to terms and conditions of the permit with suggested revisions. DEQ may hold a public hearing, including another comment period, if public response is significant and there are substantial, disputed issues relevant to the permit.

Contact for public comments, document requests, and additional information: Tara Sieber, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

Modification of Total Maximum Daily Load for Mattox Creek

Notice is hereby given that the Virginia Department of Environmental Quality (DEQ) seeks comment on the proposed modifications to the bacteria total maximum daily load (TMDL) developed for Mattox Creek in King George and Westmoreland Counties.

The Mattox Creek TMDL was developed to address bacterial impairments in portions of the free-flowing and tidal segments of Mattox Creek. The TMDL was approved by the federal Environmental Protection Agency (EPA) on August 2, 2006, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/potrvr/mattox.pdf.

DEQ seeks written comments from interested persons on the modification of this TMDL. In the Mattox Creek Bacteria TMDL approved by the EPA and the Virginia State Water Control Board in 2006, these changes are necessary for the following permitted dischargers:

· The Washington District Elementary School (VA0082058) is a VPDES minor municipal plant in Montross, Virginia. The facility, which discharges to the free-flowing segment, was incorrectly assigned a waste load allocation (WLA) of 2.2E+06 cfu/year, based on the available discharge monitoring report (DMR) records at the time of issuance. The TMDL included a WLA expansion factor for permitted facilities. DEQ proposes to revise the TMDL by increasing the bacteria WLA to 1.06E+10  cfu/year to accommodate this facility at a maximum design flow of 0.006 million gallons per day (MGD) at an E. coli concentration of 126 N/100mL. This will also change the WLA expansion factor from 1.1E+07 to 3.1E+10 (based on a 300% growth in the WLA for the free-flowing recreation impairment). The change to the WLA is not the result of any permit change; rather, the original TMDL contained incorrect values for the design flow and WLA for this facility.

· The Washington District Elementary School (VA0082058) was not originally assigned WLAs for the downstream tidal impairment in the TMDL report as it should have been. DEQ proposes to revise the TMDL by assigning a bacteria WLA of 2.93E+09 cfu/year to accommodate this facility at a maximum design flow of 0.006 MGD and assign a WLA expansion factor of 1.47E+10 cfu/year at an Enterococci concentration of 35 N/100mL (based on a 500% growth in the WLA for the tidal recreation impairment). The change to the WLA is not the result of any permit change; rather, the original TMDL did not contain a necessary WLA for this facility for the impaired downstream tidal segment.

· The Outdoor World Harborview facility (VA0089087) is a VPDES minor municipal plant in Oak Grove, Virginia. The facility, which discharges to the tidal segment, was incorrectly assigned a WLA of 1.7E+05 cfu/year, based on the long-term average flow of the facility. The TMDL included a WLA expansion factor for permitted facilities.  DEQ proposes to revise the TMDL by assigning a bacteria WLA of 9.78E+09 cfu/year to accommodate this facility at a maximum design flow of 0.02 MGD. This change will also change the WLA expansion factor from 8.5E+05 to 4.89E+10 cfu/year at an Enterococci concentration of 35 N/100mL (for the tidal recreation impairment). The change to the WLA is not the result of any permit change; rather, the original TMDL contained incorrect values for the design flow and WLA for this facility.

· The Outdoor World Harborview facility (VA0089087) was also assigned a WLA of 3.0E+05 cfu/year based on the long-term average flow of the facility. The TMDL included a WLA expansion factor for permitted facilities. DEQ proposes to revise the TMDL by assigning the bacteria WLA of 5.53E+09 cfu/year to accommodate this facility at a maximum design flow of 0.02 MGD. This change would also increase the WLA expansion factor from 1.5E+06 to 2.77E+10 cfu/year at a fecal coliform concentration of 20 N/100mL – per the facility's limit as recommended by the Virginia Department of Health for UV disinfection (for the shellfish impairment). The change to the WLA is not the result of any permit change; rather, the original TMDL contained incorrect values for the fecal coliform limit, design flow, and WLA for this facility. This facility has not yet been constructed.

The proposed changes above will neither cause nor contribute to the nonattainment of Mattox Creek, as documented in the EPA approved TMDL report.

The public comment period for this modification will end on June 23, 2010. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Margaret Smigo, Piedmont Regional Office, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804)527-5124, or email margaret.smigo@deq.virginia.gov.

Total Maximum Daily Load for Nebletts Mill Run in Sussex County and Hatcher Run in Dinwiddie County

Public meeting: Wednesday, June 16, 2010, at 2:30 p.m. at the Rowanty Technical Center located at 20000 Rowanty Road, Carson, VA 23830.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation have been developing a total maximum daily load (TMDL) report, which is a water quality study to quantify the bacteria pollution sources in an unnamed tributary (UT) to Nebletts Mill Run in Sussex County and Hatcher Run in Dinwiddie County. This notice announces the final public meeting on June 16, 2010, and a public comment opportunity that begins on June 17, 2010.

Meeting description: A summary presentation will be given of the draft TMDL report regarding the water quality impairments of the streams mentioned above that fail the recreational use due to bacterial violations. The meeting will serve as an opportunity for the public to offer input regarding the impaired watersheds and to ask questions regarding the water quality study and report development. The presentation will include loadings and suggested reductions of bacteria in order to meet water quality standards for recreational use.

Description of study: Virginia agencies have been working to identify and quantify sources of the bacterial contamination for Hatcher Run and an UT to Nebletts Mill Run. The former impairment spans approximately 4 miles and the latter approximately 2 miles. These waterways are impaired for failure to meet the recreational designated use due to exceedances of the bacteria water quality standard.

The study reports on the current status of the streams via sampling performed by DEQ and the possible sources of bacterial contamination. The study recommends TMDLs for the above impairments. To restore water quality, bacteria levels have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which begins on June 17, 2010, and expires July 19, 2010.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA, 23060, telephone (804) 527-5124, Fax (804)-527-5106, or email margaret.smigo@deq.virginia.gov.

STATE BOARD OF HEALTH AND DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Proposed Notice of Request for Certificate of Public Need Applications for Development of Additional Nursing Home Beds Planning Target Year 2013

Legal Notice of Request for Certificate of Public Need Applications.

Pursuant to the authority vested in the State Board of Health (board) and the Department of Medical Assistance Services (DMAS) by § 32.1-102.3:2 of the Code of Virginia, notice is hereby given of the proposed issuance of a request for applications (RFA). This RFA would be a request for certificate of public need (COPN) applications for projects that would result in an increase in the number of beds in which nursing home services are provided in the Commonwealth of Virginia. The RFA process is outlined in 12VAC5-220-335 of the Virginia Medical Care Facilities Certificate of Public Need Rules and Regulations.

Eligible Planning District and Total Nursing Home Beds Available for Authorization.

In the review cycles that would be established by this RFA upon issuance of the final notice, the Commissioner of Health will consider requests for COPNs that propose an increase in nursing home beds in the planning districts (PD) identified below and that propose an increase in beds no greater than the number of available beds shown below for that planning district. COPN requests that propose an increase in nursing home beds in any other planning district not identified below or propose an increase in beds greater than the number of available beds shown below for the eligible planning district will not be accepted for review.

Planning District 9, also known as the Rappahannock-Rapidan Planning District, consisting of the counties of Culpeper, Fauquier, Madison, Orange, and Rappahannock.
Total nursing home beds available for authorization: 60.

Planning District 10, also known as the Thomas Jefferson Planning District, consisting of the counties of Albemarle, Fluvanna, Greene, Louisa, and Nelson and the city of Charlottesville.
Total nursing home beds available for authorization: 60.

Planning District 18, also known as the Middle Peninsula Planning District, consisting of the counties of Essex, Gloucester, King and Queen, King William, Matthews, and Middlesex.
Total nursing home beds available for authorization: 30.

Evaluation of Need for Additional Nursing Home Beds.

The "Nursing Facilities" component of the Virginia State Medical Facilities Plan contains a nursing home bed need forecasting method (12VAC5-230-610). This method has been employed by the Virginia Department of Health to compute a forecast of needed nursing home beds in 2013 in each of Virginia's twenty-two planning districts.¹

Consistent with 12VAC5-230-610 A, no planning district is considered to have a need for additional nursing home beds unless the average annual occupancy of all existing Medicaid-certified nursing home beds in the planning district was at least 93%, excluding the bed inventory and utilization of the Virginia Veterans Care Centers.

For purposes of this document, the annual occupancy of Medicaid-certified nursing home beds was determined from filings with Virginia Health Information made by Virginia nursing homes covering their fiscal year 2008. The average annual occupancy of one planning district was adjusted to take into account the fact that one nursing home in the planning district, although Medicaid-certified at the end of its fiscal year, had a substantial period of nonparticipation in the Medicaid program during the nursing home's fiscal year 2008.

Also, no planning district will be considered to have a need for additional nursing home beds if there are uncompleted nursing home beds, for which Medicaid certification will be sought, that were authorized for the planning district within the three years prior to this notice of a proposed RFA. The following table displays, by planning district, the nursing home gross bed need forecast for 2013, the current licensed bed inventory plus uncompleted COPN-authorized additions of nursing home beds, and the net bed need forecast for 2013.

The table also shows the average annual occupancy rate of Medicaid-certified nursing home beds for each planning district for the 2008 reporting year and identifies the status of each planning district with respect to authorized but uncompleted nursing home beds. The final column of the table states whether the planning district qualifies for additional nursing home beds for 2013.