GENERAL NOTICES
Vol. 37 Iss. 5 - October 26, 2020

DEPARTMENT OF ENVIRONMENTAL QUALITY

Stratford Solar Center LLC New Notice of Intent for Small Renewable Energy Project (Solar) -
City of Suffolk

Stratford Solar Center LLC, under new ownership, has provided the Department of Environmental Quality a new notice of intent to submit the necessary documentation for a permit by rule for a renewable energy project (solar) in the City of Suffolk. The project is to be located on approximately 150 acres adjacent to White Marsh Road. The project will have a maximum capacity of 15 megawatts alternating current and, depending on final design, consist of approximately 50,000 solar photovoltaic modules installed on single-axis tracking racking structures and inverters installed on approximately five separate concrete pads. The original notice of intent for Reg. No 0000153, published on March 16, 2020, has been withdrawn. It is replaced by this notice.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

BOARD OF PHARMACY

Request for Application for Pharmaceutical Processor

A Request for Application for approval of a permit to operate a pharmaceutical processor in Health Service Area I is filed.

The link is provided here: https://www.dhp.virginia.gov/Pharmacy/PharmaceuticalProcessing/docs/RFA_PharmaceuticalProcessors2020.pdf.

Contact Information: Annette Kelley, Deputy Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email annette.kelley@dhp.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Mid Atlantic Steel Erectors Inc.

The State Water Control Board proposes to issue a consent special order to Mid Atlantic Steel Erectors Inc. for alleged violation of the State Water Control Law at 12321, 12401, 12405, 12407, 12413, and 12419 Genito Road, Chesterfield County, Virginia 23112. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Aree Reinhardt will accept comments by email at aree.reinhardt@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, from October 26, 2020, to November 27, 2020.

Proposed Enforcement Action for Mojax LLC

An enforcement action has been proposed for Mojax LLC for violations of the State Water Control Law at the Middleburg Preserve I and II development sites located in Loudoun County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at http://www.deq.virginia.gov/Programs/Enforcement/PublicNotices. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 31, 2020, through November 30, 2020.

Proposed Consent Order for the Board of Trustees, Oak Grove Mennonite Church

An enforcement action has been proposed for the Board of Trustees, Oak Grove Mennonite Church for violations of the State Water Control Law and regulations associated with the Mountain View Nursing Home sewage treatment plant located at 1776 Elly Road, Aroda, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Mountain View Nursing Home sewage treatment plant. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 27, 2020, through November 26, 2020.

Proposed Consent Order for RREF II-
TFC Wynwood LLC

The State Water Control Board has proposed an enforcement action for RREF II-TFC Wynwood LLC for violations at Wynwood Subdivision located on Woolridge Road, one half miles east of its intersect with Otterdale Road in Chesterfield County, Virginia. The board proposes to issue a consent order to address noncompliance with State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, from October 26, 2020, to November 26, 2020.

Proposed Enforcement Action for
SDC XIII Sudley LLC

An enforcement action has been proposed for SDC XIII Sudley LLC for violations of the State Water Control Law at the Brookfield Braemar Commercial Development located in Bristow, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at http://www.deq.virginia.gov/Programs/Enforcement/PublicNotices. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 27, 2020, through November 26, 2020.

Proposed Consent Order for Sturgess Real Estate Holdings LLC

An enforcement action has been proposed for Sturgess Real Estate Holdings LLC for violations of the State Water Control Law and regulations at the King George Citgo facility located in King George, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the King George Citgo 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 October 27, 2020, through November 26, 2020.

Proposed Consent Special Order for U.S. General Services Administration,
M.A. Mortenson Co. and Hensel Phelps Construction Co.

The State Water Control Board proposes to issue a consent special order to the U.S. General Services Administration, M.A. Mortenson Co. and Hensel Phelps Construction Co. for alleged violation of the State Water Control Law at the Foreign Affairs Security Training Center located at Fort Pickett in Nottoway 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. 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 (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, until November 26, 2020.

Total Maximum Daily Load Implementation Plan for Flat Branch, Indian Run, lower Hazel River, Jonas Run, Mountain Run, Mountain Run Reservoir, Muddy Run, unnamed tributary to Jonas Run, and Waterford Run in Culpeper County, Virginia

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan (IP) 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. The IP will address the following stream segments that are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for bacteria or the General Standard (Benthics).


Stream Name

Location

Impairment Length (miles)

Water Quality Standard(s)

Hazel River

From the confluence with Indian Run downstream to Muddy Run.

3.36 miles

Bacteria

Indian Run

From confluence with an unnamed tributary to Indian Run, upstream from Route 626, downstream to the Hazel River.

3.84 miles

Bacteria

Waterford Run

From the headwaters of Waterford Run downstream to the Hazel River.

6.23 miles

Bacteria

Muddy Run

From the confluence with an unnamed tributary to Muddy Run, 0.2 miles upstream of Route 229, downstream to the Hazel River.

6.09 miles

Bacteria

Muddy Run

From the headwaters of Muddy Run downstream to an unnamed tributary to Muddy Run, 0.2 miles upstream of Route 229.

8.25 miles

Bacteria

Mountain Run

From the confluence with Flat Run downstream to the confluence with the Rappahannock River.

7.58 miles

Bacteria and Benthics

Mountain Run

From the confluence with Jonas Run downstream to the confluence with Flat Run.

5.67 miles

Benthics

Mountain Run

From the Route 15/29 bridge crossing downstream to until the confluence with Jonas Run.

6.65 miles

Bacteria and Benthics

Mountain Run

From the outlet of Lake Pelham downstream to the Route 15/29 bridge crossing.

4.63 miles

Bacteria and Benthics

Mountain Run

From the confluence with an unnamed tributary that drains Caymore Lake downstream to Lake Pelham.

1.63 miles

Bacteria

Mountain Run Reservoir

All of Mountain Run Reservoir.

72.75 acres

Bacteria

Jonas Run

From the confluence with an unnamed tributary to Jonas Run, at rivermile 3.74, downstream to the confluence with Mountain Run.

3.78 miles

Bacteria and Benthics

Unnamed trib to Jonas Run

From the confluence with an unnamed tributary below Swan Dam downstream to the confluence with Jonas Run.

0.53 miles

Bacteria and Benthics

Flat Run

From the headwaters of Flat Run downstream to the confluence with Mountain Run.

6.23 miles

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.

Given the existing State of Emergency related to the COVID-19 pandemic, this meeting will be held entirely virtually. A computer or a telephone are necessary to participate virtually. All meeting attendees are encouraged to access the meeting using a computer to view the meeting visuals. Attendees may also use a phone for audio and a computer for visual to avoid possible interruptions in computer audio. Although the use of a phone for audio only participation is possible, since the meeting will rely on visuals, audio only participation is discouraged. The URL to register for the virtual meeting is provided at the end of this notice. Once registered for the meeting, registrants will receive an email with the URL and telephone information to participate in the meeting. If meeting attendees experience any interruption in the meeting broadcast, they should call the technical support line that is also provided at the end of this notice.

The first public meeting on the development of the implementation plan to address the bacteria and General Standard (Benthics) for these segments will be held: Thursday, October 28, 2020, from 6:30 p.m. until 8 p.m.

To register for this virtual meeting and to receive access information, sign up at https://attendee.gotowebinar.com/register
/6960099229001942544
.

For technical assistance during the meeting call (703) 583-3906.

In the event that the Governor's State of Emergency is lifted, the meeting will be held on the same date and time at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193.

The public comment period will begins October 29, 2020, and ends November 30, 2020.

An advisory committee to assist in development of this IP will be established. The first virtual meeting of this committee will be held from 10 a.m. to noon on Thursday, October 29, 2020. Logistical information and more details for this meeting are available in a separate public notice posted on the Virginia Regulatory Town Hall, and can also be requested directly from the DEQ contact person listed. Persons interested to participate in the advisory committee should notify the DEQ contact person by the end of the comment period and provide name, address, phone number, email address and the organization being represented (if any). Notification of the final composition of the panel will be sent to all applicants.

Information on the development of the IP for the impairments is available upon request. Questions or information requests should be addressed to the DEQ contact person listed. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to the DEQ contact person:

Contact Information: David Evans, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3835, or email david.evans@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.

ERRATA

STATE CORPORATION COMMISSION

Title of General Notice: Bureau of Insurance Administrative Letter 2020-07.

Publication: 37:3 VA.R. 519‑522 September 28, 2020.

Correction to Administrative Letter:

Page 521, column two, first bullet, subdivision 2, after "pathogenic" insert "or poisonous biological or chemical materials;"