DEPARTMENT OF ENVIRONMENTAL QUALITY
First Solar Development LLC -
Withdrawal of Notice of Intent - Small Renewable Energy Project (Solar) -
Montgomery County
First Solar Development LLC has provided the Department of
Environmental Quality a withdrawal of a notice of intent to submit
documentation for a permit by rule for a small renewable energy project (solar)
in Montgomery County. The original notice of intent was published in the
Virginia Register of Regulations on April 3, 2017.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.
Grasshopper Solar LLC - Withdrawal of
Notice of Intent - Small Renewable Energy Project (Solar) - Mecklenburg County
Grasshopper Solar LLC has provided the Department of
Environmental Quality a withdrawal of a notice of intent to submit
documentation for a permit by rule for a small renewable energy project (solar)
in Mecklenburg County. The original notice of intent was published in the
Virginia Register of Regulations on December 12, 2016, and a modified notice
was published on December 25, 2017.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.
VEPCO/Grasshopper Solar Project Notice
of Intent - Small Renewable Energy Project (Solar) - Mecklenburg County
Dominion Energy Services Inc., on behalf of Virginia Electric
and Power Company, 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) to be located in Mecklenburg County,
pursuant to 9VAC15-60. The project is an 80-megawatts facility to be located
across roughly 927 acres on one parcel in Mecklenburg County north of Chase
City with borders along Routes 49 and 671.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.
Periodic Review and Small Business
Impact Review
Pursuant to Executive Order 14 (as amended July 16, 2018) and
§§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of
Environmental Quality is conducting a periodic review and small business impact
review of 9VAC15-20, Guidelines for the Preparation of Environmental Impact
Assessments for Oil or Gas Well Drilling Operations in Tidewater Virginia.
The review of this regulation will be guided by the principles in Executive
Order 14 (as amended July 16, 2018).
The purpose of this review is to determine whether this
regulation should be repealed, amended, or retained in its current form. Public
comment is sought on the review of any issue relating to this regulation,
including whether the regulation (i) is necessary for the protection of public health,
safety, and welfare or for the economical performance of important governmental
functions; (ii) minimizes the economic impact on small businesses in a manner
consistent with the stated objectives of applicable law; and (iii) is clearly
written and easily understandable.
The comment period begins April 15, 2019, and ends May 6, 2019.
Comments may be submitted online to the Virginia Regulatory
Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs,
P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804)
698-4019, or email melissa.porterfield@deq.virginia.gov.
Comments must include the commenter's name and address
(physical or email) information in order to receive a response to the comment
from the agency. Following the close of the public comment period, a report of
both reviews will be posted on the Virginia Regulatory Town Hall and a report
of the small business impact review will be published in the Virginia Register
of Regulations.
DEPARTMENT OF GENERAL SERVICES
Revision to Fees for Drinking Water
Laboratory Certification
The Division of Consolidated Laboratory Services (DCLS),
Department of General Services, published a notice in 35:13 VA.R. 1833-1835 February 18, 2019
seeking comment on the revision to fees charged for certifying drinking water
laboratories under 1VAC30-41-270 as required by subdivision I 2 of
1VAC30-41-270.
No comments were received. The
revision to the fees will stand as published. The following fees are effective
for May 1, 2019, through April 30, 2020, for drinking water laboratory
certification under 1VAC30-41-270.
TESTING CATEGORY
|
FEE ($)
|
Microbiological
testing
|
|
|
1 - 2 methods
|
647
|
|
3 - 5 methods
|
754
|
|
6+ methods
|
862
|
Inorganic
chemistry, nonmetals testing
|
|
|
1 - 2 methods
|
700
|
|
3 - 5 methods
|
915
|
|
6 - 8 methods
|
1132
|
|
9+ methods
|
1347
|
Inorganic
chemistry, metals testing
|
|
|
1 - 2 methods
|
1077
|
|
3 - 5 methods
|
1292
|
|
6+ methods
|
1506
|
Organic
chemistry
|
|
|
1 - 2 methods
|
1132
|
|
3 - 5 methods
|
1347
|
|
6 - 8 methods
|
1561
|
|
9+ methods
|
1778
|
Radiochemistry
|
|
|
1 - 2 methods
|
1186
|
|
3 - 5 methods
|
1400
|
|
6+ methods
|
1616
|
Asbestos
|
|
|
1 - 2 methods
|
969
|
|
3 - 5 methods
|
1186
|
|
6+ methods
|
1400
|
How fees are calculated: DCLS calculates a laboratory's
total fee by adding the fees for the number of test methods in each category in
the fee table for which the laboratory is certified or applies to be certified.
Contact lab_cert@dgs.virginia.gov for more information about the fee
category for a specific method.
Additional fees:
Additional fees apply when a laboratory:
• Applies for modification of certification under 1VAC30-41-110
• Is moving its location when the move requires DCLS to perform
an onsite assessment
• Requests reinstatement of certification when DCLS requires an
onsite assessment
Hourly review fee and calculation of total fee. The fee to be
charged is the sum of the total hourly charges for all reviewers plus any onsite
assessment costs incurred. The hourly charge per reviewer is $66. The charge
per reviewer is determined by multiplying the number of hours expended in the
review by $66.
Onsite review and travel expenses. If an onsite review is
required, travel time and onsite review time will be charged at the same hourly
rate of $66 and any travel expenses will be added.
When to pay: Payment is due at the time the application is made
or annually thereafter upon receipt of the invoice from DCLS. Annual billing
precedes the expiration of the current certificate.
How to pay: Fees may be paid by check, draft, or postal money
order payable to the Treasurer, Commonwealth of Virginia, or submitted
electronically, if available. Payment must be in U.S. currency, except that
agencies and institutions of the Commonwealth of Virginia may submit
interagency transfers for the amount of the fee. Laboratories may also pay fees
using credit cards. All fees must be sent to the following address, or
submitted electronically, if available: DCLS, Attn: Lab Certification, 600
North 5th Street, Richmond, VA 23219. A fee payment form is available on the
Drinking Water page of the DCLS website at www.dgs.virginia.gov/dcls.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Medical Assistance Services conducted a small business impact
review of 12VAC30-5, Public Participation Guidelines, and determined
that this regulation should be retained in its current form. The Department of
Medical Assistance Services is publishing its report of findings dated March
26, 2019, to support this decision in accordance with § 2.2-4007.1 F of
the Code of Virginia.
The regulations are not anticipated to have an adverse impact
on small businesses.
Contact Information: Jimeequa Williams, Regulatory
Coordinator, Department of Medical Assistance Services, 600 East Broad Street,
Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680,
or email jimeequa.williams@dmas.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department
of Medical Assistance Services conducted a small business impact review of 12VAC30-95,
Standards Established and Methods Used for Fee-for-Service Reimbursement,
and determined that this regulation should be retained in its current form. The
Department of Medical Assistance Services is publishing its report of findings
dated March 26, 2019, to support this decision in accordance with
§ 2.2-4007.1 F of the Code of Virginia.
The regulations are not likely to create any costs or other
effects on small businesses and are not anticipated to have an adverse impact
on small businesses.
Contact Information: Jimeequa Williams, Regulatory
Coordinator, Department of Medical Assistance Services, 600 East Broad Street,
Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680,
or email jimeequa.williams@dmas.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Medical Assistance Services conducted a small business impact
review of 12VAC30-100, State Programs, and determined that this
regulation should be retained in its current form. The Department of Medical
Assistance Services is publishing its report of findings dated March 26, 2019,
to support this decision in accordance with § 2.2-4007.1 F of the Code of
Virginia.
The regulations are not anticipated to have an adverse impact
on small businesses.
Contact Information: Jimeequa Williams, Regulatory
Coordinator, Department of Medical Assistance Services, 600 East Broad Street,
Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680,
or email jimeequa.williams@dmas.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Medical Assistance Services conducted a small business impact
review of 12VAC30-121, Commonwealth Coordinated Care Program, and
determined that this regulation should be retained in its current form. The
Department of Medical Assistance Services is publishing its report of findings
dated March 26, 2019, to support this decision in accordance with
§ 2.2-4007.1 F of the Code of Virginia.
The regulations are not anticipated to have an adverse impact
on small businesses.
Contact Information: Jimeequa Williams, Regulatory
Coordinator, Department of Medical Assistance Services, 600 East Broad Street,
Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680,
or email jimeequa.williams@dmas.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Medical Assistance Services conducted a small business impact
review of 12VAC30-150, Uninsured Medical Catastrophe Fund, and
determined that this regulation should be retained in its current form. The
Department of Medical Assistance Services is publishing its report of findings
dated March 26, 2019, to support this decision in accordance with
§ 2.2-4007.1 F of the Code of Virginia.
The regulations are not anticipated to have an adverse impact
on small businesses.
Contact Information: Jimeequa Williams, Regulatory
Coordinator, Department of Medical Assistance Services, 600 East Broad Street,
Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680,
or email jimeequa.williams@dmas.virginia.gov.
VIRGINIA WASTE MANAGEMENT BOARD
Periodic Review and Small Business
Impact Review
Pursuant to Executive Order 14 (as amended July 16, 2018) and
§§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of
Environmental Quality is conducting a periodic review and small business impact
review of 9VAC20-130, Solid Waste Planning and Recycling Regulations.
The review of this regulation will be guided by the principles in Executive
Order 14 (as amended July 16, 2018).
The purpose of this review is to determine whether this
regulation should be repealed, amended, or retained in its current form. Public
comment is sought on the review of any issue relating to this regulation,
including whether the regulation (i) is necessary for the protection of public
health, safety, and welfare or for the economical performance of important
governmental functions; (ii) minimizes the economic impact on small businesses
in a manner consistent with the stated objectives of applicable law; and (iii)
is clearly written and easily understandable.
The comment period begins April 15, 2019, and ends May 6, 2019.
Comments may be submitted online to the Virginia Regulatory
Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs,
Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
Comments must include the commenter's name and address
(physical or email) information in order to receive a response to the comment
from the agency. Following the close of the public comment period, a report of
both reviews will be posted on the Virginia Regulatory Town Hall and a report
of the small business impact review will be published in the Virginia Register
of Regulations.
STATE WATER CONTROL BOARD
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
State Water Control Board conducted a small business impact review of 9VAC25-780,
Local and Regional Water Supply Planning, and determined that this
regulation should be retained in its current form. The State Water Control
Board is publishing its report of findings dated March 12, 2019, to support
this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
The regulation continues to be needed to ensure the
availability of water resources for the public while protecting water resources
for other beneficial uses. No comments were received during the public comment
period. The regulation contains requirements for water supply planning to be
conducted on local and regional levels. Localities also must plan how they will
meet their future water supply needs and potentially increased demands for the
future. The regulation has been written in a format to minimize the complexity
of the regulation. The requirement for local and regional water supply plans to
be developed is a state requirement, and there is no equivalent federal
requirement for these plans to be developed. This regulation is consistent with
current state law.
This regulation was last amended in 2015 to correct citations
referenced in the regulation. The regulation requires local plans to be updated
and resubmitted every 10 years, and changes in technology or economic
conditions are reflected in the revised plan. This regulation does not directly
regulate small businesses. Localities develop local water supply plans and may
choose to include provisions in their plan that minimize impacts on small
businesses.
Contact Information: Melissa Porterfield, Office of
Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.
Proposed Enforcement Action for B.E.I.
Refueling Services Inc.
An enforcement action has been
proposed for B.E.I. Refueling Services Inc. for violation of the State Water
Control Law in Buchanan County, 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, FAX at (276) 676-4899, or postal mail at Department of
Environmental Quality, Southwest Regional Office, 355-A Deadmore Street,
Abingdon, VA 24210, from April 16, 2019, through May 15, 2019.
Proposed Consent Order for Milestone
Metals Inc.
An enforcement action has been proposed for Milestone Metals
Inc. for violations of the State Water Control Law and regulations at the
Milestone Metals facility located in Fairfax, Virginia. The State Water Control
Board proposes to issue a consent order to resolve violations associated with
the Milestone Metals facility. A description of the proposed action is
available at the Department of Environmental Quality office listed or online at
www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at
Department of Environmental Quality, Northern Regional Office, 13901 Crown
Court, Woodbridge, VA 22193, from April 16, 2019, through May 15, 2019.
Proposed Consent Special Order for
Robinson Chicken Farm
An enforcement action is proposed for Robinson Chicken Farm for
alleged violations that occurred at 121 Taylor Lane, Cartersville,
Virginia. The State Water Control Board proposes to issue a consent special
order to Robinson Chicken Farm 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.
Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov, FAX at (804) 527-5106, or
postal mail at Department of Environmental Quality, Piedmont Regional Office,
4949-A Cox Road, Glen Allen, VA 23060 from April 15, 2019, to May 15, 2019.
Amendment of Water Quality Management
Planning Regulation
Notice of action: The State Water Control Board (board) is
considering the amendment of the regulation on water quality management
planning in accordance with the Public Participation Procedures for Water
Quality Management Planning. A regulation is a general rule governing people's
rights or conduct that is upheld by a state agency.
Purpose of notice: The board is seeking comments through the
Department of Environmental Quality (DEQ) on the proposed amendment. The
purpose of the amendment to the state's Water Quality Management Planning
Regulation (9VAC25-720) is to adopt 20 new and three revised total maximum
daily load (TMDL) wasteload allocations (WLAs).
Public comment period: April 15, 2019, through May 15, 2019.
Description of proposed action: DEQ staff will propose
amendments of the state's Water Quality Management Planning regulation for the
Potomac-Shenandoah River Basin (9VAC25-720-50 A), James River Basin
(9VAC25-720-60 A), and the Rappahannock River Basin (9VAC25-720-70 A).
Statutory authority for promulgating these amendments can be found in
§ 62.1-44.15 of the Code of Virginia.
Staff intends to recommend that the board (1) approve the three
TMDL reports as the plan for the pollutant reductions necessary for attainment
of water quality goals in the impaired segments, (2) authorize inclusion of the
three TMDL reports in the appropriate Water Quality Management Plan, and (3)
adopt 20 new and three revised TMDL wasteload allocations as part of the
state's Water Quality Management Planning Regulation in accordance with
§ 2.2-4006 A 14 and B of the Code of Virginia.
The TMDL reports were developed in accordance with federal
regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 of
the Virginia Administrative Process Act. The reports were subject to the TMDL
public participation process contained in DEQ's Public Participation Procedures
for Water Quality Management Planning. The public comment process provides the
affected stakeholders an opportunity for public appeal of the TMDL.
As of July 1, 2014, TMDL WLAs can receive State Water Control
Board approval prior to EPA approval due to amendments outlined in
§ 2.2-4006 A 14 of the Code of Virginia. The three TMDL reports in
this public notice have been reviewed by EPA for required TMDL elements,
however, remain in draft form awaiting State Water Control Board approval. The draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.
Affected waterbodies and localities for the 20 new and three
revised TMDL wasteload allocations:
Potomac-Shenandoah River Basin (9VAC25-720-50 A)
"Revision of the Benthic Total Maximum Daily Load (TMDL)
Developed for the Blacks Run and Cooks Creek Watershed Located in the City of
Harrisonburg and Rockingham County"
• The Blacks Run and Cooks Creek TMDL, located in the City of
Harrisonburg and Rockingham County, propose sediment reductions for the Blacks
Run and Cooks Creek watershed and provides revised sediment wasteload
allocations of 1,310,000 lbs/year and 1,543,000 lbs/year
• The Blacks Run and Cooks Creek TMDL, located in the City of
Harrisonburg and Rockingham County, proposes total phosphorus reductions for
the Cooks Creek watershed and provides a revised total phosphorus waste load
allocations of 2,060 lbs/year.
James River Basin
(9VAC25-720-60 A):
"Bacteria and Sediment Total Maximum Daily Load (TMDL)
Development for the James River and Tributaries Located in Botetourt and Craig
Counties Virginia"
• The James River and tributaries TMDL, located in Botetourt
and Craig Counties, proposes E. coli reductions for the Sinking Creek, Barbours
Creek, Lapsley Run, Little Patterson Creek, Upper Craig Creek, Middle Craig
Creek, Lower Craig Creek, and Catawba Creek watersheds and a portion of the
James River watershed and provides new E. coli wasteload allocations of 1.17E+9
counts/year, 2.36E+9 counts/year, 2.45E+8 counts/year, 5.38E+8 counts/year,
3.93E+9 counts/year, 1.54E+10 counts/year, 2.07E+10 counts/year, 3.00E+9
counts/year, and 4.19E+10 counts/year.
• The James River and tributaries TMDL, located in Botetourt
and Craig Counties, proposes sediment reductions for the Catawba Creek
watershed and provides a new sediment wasteload allocation of 29.44 tons/year.
Rappahannock River Basin (9VAC25-720-70 A):
"Bacteria Total Maximum Daily Load (TMDL) Development for
the Rappahannock River and Tributaries Located in Caroline, Essex, King George,
Richmond, and Westmoreland Counties Virginia"
• The Rappahannock River and tributaries TMDL, located in
Caroline, Essex, King George, Richmond, and Westmoreland Counties, proposes E.
coli reductions for Mill Creek, Jetts Creek, Portobago Creek, Stillwater Creek,
Baylors Creek, Elmwood Creek, Peedee Creek (nontidal), and unnamed tributary of
Peedee Creek watersheds and provides new E. coli wasteload allocations of
1.19E+12 cfu/year, 6.41E+10 cfu/year, 1.06E+11 cfu/year, 3.50E+10 cfu/year,
4.72E+10 cfu/year, 5.14E+10 cfu/year, 2.62E+10 cfu/year, and 1.30E+9 cfu/year.
• The Rappahannock River and tributaries TMDL, located in
Caroline, Essex, King George, Richmond, and Westmoreland Counties, proposes
Enterococci reductions for a portion of Peedee Creek (tidal) and a portion of
the Rappahannock River (tidal) watersheds and provides new Enterococci
wasteload allocations of 2.07E+10 cfu/day and 3.11E+12 cfu/day.
How to comment: DEQ accepts written comments by email, fax, and
postal mail. All written comments must include the full name, address, and
telephone number of the person commenting and be received by DEQ by 5 p.m.
on the last day of the comment period.
How a decision is made: After comments have been considered,
the board will make the final decision. Citizens who submit statements during
the comment period may address the board members during the board meeting at
which a final decision is made on the proposal.
To review documents: The
TMDL reports are available on the DEQ website at http://www.deq.virginia.gov/Programs
/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx
and by contacting the DEQ representative listed for any report. The electronic
copies are in PDF or Word format and may be read online or downloaded.
Contact for public comments, document requests, and additional
information: Kelly Meadows, Department of Environmental Quality, 1111 East Main
Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4291, FAX (804)
698-4032, or email kelly.meadows@deq.virginia.gov.
Intent to Reauthorize Use of Virginia
Aquatic Resources Trust Fund as a Form of Compensatory Mitigation under
9VAC25-210-10
Pursuant to § 62.1-44.15:20-23 of the Code of Virginia and
9VAC25-210-116 D, the State Water Control Board (the board) is giving notice of
its intent to reauthorize the Virginia Aquatic Resources Trust Fund (VARTF),
one of several acceptable forms of compensatory mitigation for permitted
impacts to state waters, including streams and wetlands, to use the revised
program instrument (instrument), after considering public comment for a 30-day
period starting April 15, 2019. The instrument sets out to confirm and update
guidelines, responsibilities, and standards for the establishment, use,
operation, and maintenance of the VARTF program for impacts authorized by
Department of Army permits or Virginia Water Protection Permits, and in other
cases if agreed upon by the U.S. Army Corps of Engineers, Virginia Department
of Environmental Quality, and The Nature Conservancy. The Nature Conservancy
intends to achieve no net loss of existing wetland acreage and functions and no
net loss of stream functions pursuant to § 62.1- 44.15:21 B of the Code of
Virginia and to accomplish mitigation projects in Virginia efficiently and at
beneficial economies of scale to provide for a significant net gain of aquatic
resource functions and values where possible.
The Nature Conservancy (TNC) remains the sponsor of VARTF, an
existing in-lieu fee compensatory mitigation program, which has been in
operation in the Commonwealth of Virginia since 1995, in accordance with a
Memorandum of Understanding between TNC and the U.S. Army Corps of Engineers
(the Corps), as amended in 2003. In 2011, the Virginia Department of
Environmental Quality (DEQ) participated on a work group with the Corps, TNC,
the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife
Service (USFWS), and the National Oceanic and Atmospheric Administration (NOAA)
to develop the instrument, bringing VARTF into compliance with the Federal
Mitigation Rule (33 CFR 332), which governs compensatory mitigation for
activities authorized by Corps permits, as well as Virginia State Water Control
Law and DEQ's Virginia Water Protection Permit (VWPP) program. In 2016, DEQ
reauthorized the instrument for a three-year period.
The purpose of this reauthorization is to improve the
guidelines, responsibilities, and standards set forth in 2016 for the
establishment, use, operation, and maintenance of VARTF in compliance with
State Water Control Law and the VWPP program. The revised instrument satisfies
the requirements set forth by the VWPP program in 9VAC25-210-116 D, including
dedication to the achievement of no net loss of wetland acreage and functions
or stream functions and water quality benefits, consultation with DEQ on site
selection, provision of annual reports detailing projects and contributions by
watershed, commitment to a program audit every five years, and a mechanism to
establish fee amounts. VARTF demonstrated through the 2018 annual report and
VARTF program update letter significant improvements since the 2016
reauthorization. Lastly, VARTF continues to work in collaboration with the
interagency review team for in-lieu fee programs on efforts to advance the
VARTF program over time.
The board proposes to reauthorize VARTF to use the revised
instrument, continuing as a compensatory mitigation option for a 10-year period
ending July 14, 2029. DEQ's approval will remain in effect until July 14, 2029,
provided that the conditions of the instrument are met. Instrument revisions
include aligning the instrument with the recently updated Mitigation Banking
Instrument (2018), providing transparency through program operation changes,
improving long-term management to ensure long-term site sustainability, and
increasing fees to cover growing costs of implementing projects. The revised
instrument also includes the following condition: if TNC has not identified a
suitable site to offset advance credit sales within two years of that sale,
then TNC will release a request for proposal to offset the liability by
third-party mitigation providers.
Approval of VARTF may be made by
letter, after accepting and considering public comments on its approval of
VARTF for at least a 30-day public comment period pursuant to 9VAC25-210-116 D.
A copy of this public notice, links to the VARTF Program Instrument and
Exhibits, and the 2018 VARTF Annual Report will be available by April 15, 2019,
on the DEQ website Wetlands and Streams Public Notice page at http://www.deq.virginia.gov/Programs/Water
/WetlandsStreams/PublicNotices.aspx,
under the Program and Regulatory section, or by calling or emailing David L.
Davis, Department of Environmental Quality Office of Wetlands and Stream
Protection.
Written comments, including those
by email, must be received no later than 11:59 p.m. on May 15, 2019, and
should be submitted to David L. Davis using the listed contact information.
Only those comments received within the comment period will be considered by
the board. Written comments shall include the name, address, and telephone
number of the writer; shall reference "VARTF Reauthorization" in the
subject line; and shall contain a complete, concise statement of the factual
basis for comments.
Contact Information: David
L. Davis, Department of Environmental Quality, 1111 East Main Street, Suite
1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4105, or email vwppublicnotices@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.